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UNIVERSITY OF GEORGIA LAW "BRABV
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SUPPLEMENT TO
THE CODE
OF TUB
OF GEO
CONTAINING
A CODIFICATION OF ALL THE LAWS OF THE GENERAL ASSEM-
BLY OF A PUBLIC AND PERMANENT NATURE PASSED
SINCE THE ADOPTION OF THE CODE OF 1895,
THE RULES OF THE SUPREME COURT AS AMENDED, THE REOKGAXIZATJON'
ACT AND RULES AND ORDERS THEREUNDER, AND THE LAVS' FOR ADMISSION
TO THE BAR; TOGETHER WITH AN INDEX TO THE ENTIRE CODE,
POLITICAL, CIVIL, AND RENAL. INCLUDING THE AMENDMENTS
THERETO; AND AN INDEX TO ALL THE LOCAL AND
PRIVATE ACTS OF THE LEGISLATURE, OF PUBLIC
INTEREST, THOUGH OF LOCAL APPLICATION,
SUCH AS CHARTERS GRANTED BY THE
LEGISLATURE TO PUBLIC, POLIT-
ICAL. AND PRIVATE COR-
PORATIONS, AND
AMENDMENTS THERETO, ETC., FROM 1SOO TO 1900.
Volume IV.
Prepared by HOWARD VAN EPPS, Esquire,
OF THE ATLANTA BAR.
NASHVILLE, TENNi
Press of Marshall «fc Bruce Co.
leoi.
^
KFS-30
IH5*
PREFACE.
To the Bench and Bar of Georgia:
The Code of Georgia, 1895, has been described by a competent
authority to be the best law book ever published. I cordially sub-
scribe to that opinion. It will remain an enduring monument to
the ability and wisdom of the distinguished lawyers who codified the
same under the authority of the State. That Code embraces the
public acts of the Legislature down to and including the session laws
of 1895. Many and important changes in the law, however, have
been enacted since the adoption of the Code of 1895 — that is to say,
during the years 1896, 1897, 1898, 1899, and 1900. Some cf the
public acts or session laws for these years are out of print, the
edition having been exhausted. The purpose of this code supple-
ment is to classify and codify all of the laws of a public and
permanent nature which have been enacted since the adoption of
the Code of 1895. I have not felt at liberty to change the phraseol-
ogy of the enacting part of statutes, even where the phraseology
was involved or obscure, or manifestly erroneous as printed, but I
have set out the statutes in tot verb., simply pruning off the formal
words usual to legislative enactments. The new laws will be found
codified in § 6037 to § 6758 inclusive.
I concluded that to make an index to the supplement by itself
would create confusion, there being already three separate indexes, one
at the end of each of the three volumes of the code of 1895. I have,
therefore, prepared an index to the entire Code of 1895, and of the
acts passed subsequently, which are embraced in this Code Supple-
ment. Not being restricted for space, as were the eodifiers of the
code of 1895, I have made the index exceedingly full, as will be
readily seen upon inspection of it, having been careful to preserve
rigidly the alphabetical order of arrangement of topics and of catch
words under the topics, and also to select such catch words as would
indicate at least the substance or germ of the matter attempted to
be indexed.
I have not made a separate index to the Political Code and the Civil
Code, but have treated both of these Codes as one, as being, taken
together, an embodiment of the civil law of force in this State. All
of this matter, therefore, which is set out in volumes 1 and 2 of the
code of 1895 will be found indexed together under the title "Civil
Code," at the end of this volume.
I have made also a new, separate, and very full index of the penal
laws of the State, and the same will be found under the title "Penal
Code," at the end of this volume.
Lawyers in general practice, and particularly those who handle
corporation cases, have frequent occasion to consult the session laws
(3)
PREFACE.
in order to find local or private acts, such as laws affecting the
various towns and cities of the state, insurance, bank, railroad and
other corporations, the charters thereof, and the several amendments
thereto, and the like. This of course involves much labor, as it
requires the annual session laws to be pulled down and their separate
indexes examined, which are often meager, and sometimes imper-
fect. I have therefore prepared, and now present to the profession,
an index to all of such local and private acts of the General As-
sembly above indicated as are of public interest although of local
application for the period of one hundred years, between the years
1800 and 1900. The preparation of this index has been a work of
great labor, but I have an abiding faith that it will prove a great
labor-saving device to lawyers in active practice, to whom a few
hours of time saved are often worth much more than the small cost of
this volume.
I have not attempted to set out the general tax acts, general
appropriation acts, and the like, for while these laws are of a public
and general nature, they are not of a permanent character, but
their provisions are ever varying, with each recurring legislature.
And so, many other acts which were of a public, but also of a
temporary character, and which have now served their purpose, I
have not attempted to codify.
Much care and patience has been employed to secure accuracy
in the production of this work, and I trust that but few errors will
be found as the book submits itself to the crucial test of practical use
in the hands of members of one of the most learned professions
in the world.
This work having brought down the public laws to the end of
the century, arranged in code form, the cost to the State of raising
a new code commission and having prepared a recodification of
the laws, will probably be saved for many years to come. For this
reason, I have seen proper to entitle the work "Supplement to the
Code of 1895, Volume 4," and to have the same printed in the same
form and quality as to size, type, paper, binding, etc., as volumes 1,
2, and 3 of the code of 1895. "
Since the Code of 1895 was adopted, the Constitution of the State
has been changed, by the increase of the number of judges of the
Supreme Court, resulting in a complete reorganization of that court.
I have accordingly set out herein in full the reorganization act,
and the various acts, rules, and orders passed in reference to this
subject. Important changes and modifications in the rules of the
supreme court have also resulted, and I have republished a full copy
of the "Rules of the Supreme Court," as corrected and amended
to date, and also the several rules, orders and statutes relating to
the subject of "Admission to the Bar."
I commit this work to the indulgent consideration of thoughtful
and generous minds. Howard Vai^ Epps.
Atlanta, Ga,, May 25, 1901.
CONTENTS.
PART I
PUBLIC LAWS OF A CIVIL NATURE.
Title I. Appropriations.
Title II. Taxes and the Public Debt.
Title III. Counties and County Matters.
Title IV. Roads and Bridges.
Title V. Elections.
Title VI. Political and Civil Code Amendments.
Title VII. Constitution Amendments.
Title VIII. Courts.
Chap. I. Generally.
Chap. II. Superior and City Courts and Courts
of Ordinary.
Chap. III. County and Justice Courts.
Chap. IV. Supreme Court.
Title IX. Rules of the Supreme Court.
Title X. Admission to the Bar.
Title XI. Education and Charitable Institutes.
Chap. I. Public Schools.
Chap. II. University of Georgia.
Chap. III. Technological School.
Chap. IV. School for the Deaf.
Chap. V. Charitable Institutions.
Title XII. Deeds.
Chap. I. Trust Deeds to Secure Debts.
Chap. II. Deeds to Beneficial Interests.
Title XIII. Banks and Banking.
Title XIV. Insurance Companies.
Chap. I. Generally.
Chap. II. Foreign Fire Insurance Companies.
Chap. III. Assessment Life Insurance Companies.
Chap. IV. Mutual Insurance Companies, Insur-
ing against Loss by Burglary.
Chap. V. Fraternal Beneficiary Orders.
Title XV. Municipal Corporations.
Title XVI. Railroad and Sleeping Car Companies.
Title XVII. Building and Loan Associations.
(5)
CONTENTS.
Title XVIII.
Title XIX.
Title XX.
Title XXL
Title XXII.
Title XXIII.
Title XXIV.
Loan and Trust Companies and Other Corpora
tions.
Generally.
Loan and Trust Companies.
Combines and Trusts.
Chap. I.
Chap. II.
Chap. III.
Public Health and Safety.
Chap. I. Dentistry.
Chap. II. Georgia State Board of Embalming.
Chap. III. Private Hospitals and Sanitariums.
Chap. IV. Inspector of Illuminating Oils.
Lunatic Asylum.
Military Affairs, Pensions, Etc.
Chap. I. Generally.
Chap. II. Military Affairs, Reorganization.
Chap. III. Pensions.
Chap. IV. Confederate Soldiers' Home of Geor-
gia.
Agriculture, Horticulture, and Pomology.
Chap. I. Fertilizers.
Chap. II. Bonded Public Warehouses.
Chap. III. Mortgages on Crops.
Chap. IV. Horticulture and Pomology.
Chap. V. Board of Entomology.
Sureties on Attachments and Official Bonds.
Miscellaneous Provisions.
PART II.
Title 1.
Title II.
CRIMINAL LAWS.
Penal Code.
Chap. I. Crimes Against Habitation or Prop-
erty.
Chap. II. Forgery and Counterfeiting.
Chap. III. Crimes Against Public Justice and
Official Duty.
Chap. IV. Crimes Against Public Health, Pub-
lic Safety, and Public Policy.
Chap. V. Prison Commission.
Chap. VI. Miscellaneous Provisions.
Penal Code Amendments.
CONTENTS.
PART III
INDEX TO THE LOCAL AND PRIVATE ACTS OF THE GENERAL
ASSEMBLY OF PUBLIC GENERAL INTEREST, INCLUDING
CHARTERS TO CITIES, TOWNS, RAILROADS, BANKS,
INSURANCE COMPANIES, ETC., ETC., WITH
THE AMENDMENTS THERETO, FROM
1800 TO 1900.
PART IV,
INDEX TO POLITICAL AND CIVIL CODE OF 1895 AND ACTS
PASSED SINCE ITS ADOPTION.
c
PART V
INDEX TO PENAL CODE OF 1895 AND ACTS PASSED
SINCE ITS ADOPTION.
TABLE OF ACTS CODIFIED.
TABLE OF ACTS CODIFIED AND CORRESPONDING CODE SECTION NUMBERS.
1896.
Page
Code Number
Page
Code Number
Page
Code Number
33
6038
51
6233(b)-34
72
6636
35
6064-68
52
6172-74
73
6104
36
6045
55
6383-86
74
6647-49
37
6047-49
57
6431-32
75
6059
38
6136
58
6620-29
76
6353-59
39
6137
61
6385-93
78
6087
40
6116
63
6167
81
6093-96
40
6155
65
6556-61
82
6074
42
6211, 6253-65
66
6690-91
83
6349-51
45
6246
67
6563
84
6685
46
6247
68
6467-72
84
6687
46
6248-50
70
6689, 6751
85
6149
47
6191
71
6312
86
6140-44
50
6219-20
1897.
15
6564
52
6237
95
6114
16
6212
52
6238
96
6692-93
19
6129
53
6251
97
6681
20
6129
53
6222
98
6682-84
21
6130-31
54
6223-26
99
6658-61
22
6137
55
6232-33
100
6667-69
23
6145
57
6379-81
100
6668
24
6146(a)
59
6382
101
6602
25
6147
60
6623
101
6687(a)
26
6156
61
6451-53
102
6517
28
6169-70
62
6445-50
103
6518
29
6171
64
6403-10
103
6519
30
6176
67
6394-95, 6402
104
6555
32
6192
68
6454-57
105
6520-25
33
6188
69
6664
107
6527-28
33
6194
71
6714-31
108
6329
34
6196
79
6653
109
6643
35
6199
81
6650-52
109
6510
36
6745
82
6075-80
110
6511-14
37
6748
85
6302-10
111
6595-6605
38
6749
87
6641
115
6574-76
39
6750
87-
6060-70
115
6551
40
6755
90
6317-23
116
6662-63
41
6756-57
92
6313-16
117
6438-41
41
6757
93
6243-45
119
6640
51
6235-36
94
6133
119
6473-86
1898.
18
6348
46
6146(a)
54
6196
19
6733-35
47
6150
56
6201
39
6038-41
48
6158
57
6201-2
41
6117
49
6165
58
6203
42
6118
50
6166
59
6206
43
6117, 6119
50
6168
60
6746
44
6122
51
6179
60
6752
45
6121
52
6180
61
6754
46
6137
43
6186
62
6758
TABLE OF ACTS CODIFIED.
1898. (Continued.)
Page
Code Number
Page
Code Number
Page
Code Number
68
6332
88
6082
101
6442
69
6333
89
6227-29
102
6646
70
6327, 6334
90
6741
104
6352
71
6328
91
6657
105
6071
72
6382
92
6241
105
6072
73
6364-78
93
6082a
106
6630
77
6333-37
93
6109
107
6706
78
6459-65
94
6605-19
107
6694
83
6302-10
97
6394
108
6676-80
85
6302-10
99
6573
109
6637-38
86
6185
100
6574
110
6088-91
88
6233(a)
101
6059
1899.
9
6732
39
6198
73
6654-56
11
6566
40
6204
74
6427
13
6046
41
6743
75
6504-9
14
6053
42
6747
77
6742
15
6044
43
6747
78
6215
15
6739
44
6755
78
6592-94
19
6210(a)
45
6159-6161
79
6213
21
6115
47
6183
79
6671-74
23
6126
48
6221
81
6744
24
6127-28
50
6342-44
81
6500-3
24
6128
51
6324-25
83
6242, 6631-32
26
6132
53
6163
84
6577-91
26
6135
54
6396-97
88
6749
27
6135
54
6430
89
6097-6103
28
6139
57
6360-63
90
6216-18
29
6153
57
6670
91
6515-16
30
6154
60
6531
92
6642
31
6164
60
6535-54
93
6644
32
6175
66
6529-30
94
6645
33
6176
66
6665-66
95
6699-6701
34
6182
67
6443-44
96
6707-9
35
6187
68
6072-
97
6710-13
36
6190
68
6696-98
98
6703-5
37
6193
69
6214
99
6050
38
6195
70
6487-99
100
6051, 6052
1900.
19
6565
53
6185
74
6398, 6401
37
6042
54
6189
76
6387
38
6043, 6739
55
6192
77
' 6388
39
6119
56
6197
77
6736-38
40
6123-24
57
6200
78
6239-40
42
6125
57
6205
79
6330-1
42
6134
58
6753
80
6639
43
6137
65 '
6322
81
6250-1
43
6137
66
6083-86
81
6425-26
44
6140
68
6633-35
82
6649
45
6162
69
6675
84
6330, 6534
47
6162
69
6110-11
85
6336, 6340
47
6157
70
6112
86
6569-6572
51
6181
71
6411-24
89
6607
52
6184
THE CODE OF THE STATE OF GEORGIA.
PART I.
Public Laws of a Civil Nature.
TITLE I.
APPROPRIATIONS.
§ 60o7. [Explanatory note. — The general appropriation acts,
while of a public, are not of a permanent nature. They are enacted
only to cover a period of two years next following the date of en-
actment. The following Supplement to the Code embraces acts
which are not only of a public and general, but of a permanent
nature. The general appropriation acts will, therefore, not be
found set out herein. Persons interested in the contents and
phraseology of such acts will find them set out in the Session Laws
of the years 1900, 1898, 1896, and so on for the even years, cor1
backwards.
There are many other appropriation acts, in reference to special
subjects, whose operation was confined to a restricted period of time,
and which have now served their purpose, and are not entitled to
be set out in a system embracing only public and permanent laws.}
TITLE II.
TAXES AND THE PUBLIC DEBT.
[Explanatory note. The general tax acts are enacted for two
years, with varying provisions. No effort is made to set out the pro-
visions of these acts in this Code Supplement, the scope of which
covers only such laws as are of a public, general and permanent
nature. Persons interested in the contents of these enactments will
be able to find them without difficulty in the front part of the Ses-
sion Laws, or Annual Statutes, of each even year — 1900, 1898, 1896,
and so on, counting backwards. ]
SINKING FUND.
§6038. Payment of state bonds; assessment for 1899 and a. 1898, p.
1900. — The governor is authorized, with the assistance of the comp-
el)
§§6039-6042 PART L, TITLE II. 12
Sinking fund.
39.
troller-general, at the time of the assessment of the levy of taxes
for the years one thousand eight hundred and ninety-nine, and one
thousand nine hundred, to assess and levy a per centum on the
taxable property of this state, sufficient to raise one hundred thou-
sand dollars net for each of the years one thousand eight hundred
and ninety-nine and one thousand nine hundred, in addition to the
amount required to be levied to pay the public expenses and the
interest on the public debt, which shall be a sinking fund to pay
off and retire an equal amount of the valid bonds of this State as
they mature, as hereinafterwards provided, and which shall be ap-
plied to no other purpose whatsoever; provided, that this tax shall
not be estimated by any county authorities in assessing for county
purpose the taxes thereof.
a.^1898, p. § 6039. Levied how, applied hoiv. — The tax authorized herein
shall be specially levied and collected, and separate accounts of the
same shall be kept by the treasurer, and the money arising therefrom
shall be applied to paying off and retiring the valid bonds of the
state as hereinafter provided.
a.^1898, p. g 6040. Payment of bonds. — The said amount so raised in the
year one thousand eight hundred and ninety-nine shall be applied
to the payment of the same amount of the valid bonds of this state
maturing January 1st, 1901; the said amount so raised in the year
one thousand nine hundred shall be applied to the payment of the
same amount of the valid bonds of this state maturing January 1st,
1902.
A*40898'p* § 6041. Cancellation of paid bonds. — All bonds retired under the
provisions of this act shall be canceled and stamped with the words
'"sinking fund" by the treasurer, and filed in his office.
[R"ote. — See similar act approved December 24, 1896.]
a. 1900, p. •§ 6042. Sinking fund for 1901 and 1902. — The Governor is au-
thorized, with the assistance of the Comptroller General, at the time
of the assesssment of the levy of taxes for the years one thousand
nine hundred and one and one thousand nine hundred and two, to
assess and levy a per centum on the taxable property of this state
sufficient to raise one hundred thousand dollars net for each of the
years one thousand nine hundred and one and one thousand nine
hundred and two, in addition to the amount to be levied to pay the
public expenses and the interest on the public debt, which shall be a
sinking fund to pay off and retire an equal amount of the valid
bonds of this state as they mature, as hereinafter provided, which
shall be applied to no other purpose whatever; provided, that this
tax shall not- be estimated by any county authorities in assessing for
county purposes the taxes thereof.
(a) The tax authorized herein shall be specially levied and col-
lected, and separate accounts of the same shall be kept by the Treas-
urer, and the money arising therefrom shall be applied to paying off
and retiring the valid bonds of the State, as hereinafter provided.
13 PART L, TITLE II. §§6043-6048
Taxes— Professional tax.
(&)• The said amounts so raised in the year one thousand nine
hundred and one shall be applied to the payment of the same amount
of the valid bonds of this State, maturing January 1, 1903 ; the
said amount so raised in the year one thousand nine hundred and
two shall be applied to the payment of the same amount of the
valid bonds of the State maturing January 1, 1904.
(c) All bonds retired under the provisions of this act shall be can-
celed and stamped with the words "Sinking Funds," by the Treas-
urer, and filed in his office.
§ 6043. Dogs, tax on, repealed.— {Acts of 1899, p. 15. Repealed.] A'3J900'p-
§6044. Seiving machine companies, agents of, how taxed. — The a. i 899, p.
tenth section of the general tax act, approved December 22d, 1898,
which section prescribes the rule for licensing sewing machine com-
panies, and other dealers in sewing machines, in this State, and the
agents of such companies, and dealers, is, amended by striking out
the word "twenty-five" where the same occur in the eleventh line of
said section of said Act, as the same appears in the printed volume of
the acts of 1898, and substituting therefor the word "five," and by
adding after the word "countv" and before the word "tax" in the
eighteenth line of said section, the words, "or corporation," so that
the tax on individual agents of said companies and dealers shall be
reduced from twenty-five dollars per annum in each county in which
such agent does business, to five dollars in each county, and so that
the exemption of such agents from county tax shall be extended and
become an exemption also from corporation license tax.
§ 6045. Traveling salesman not subject to municipal tax. — From A- *896, p-
and after the passage of this Act it shall not be lawful for the
municipal authorities of any incorporated town to levy or collect
any tax or license from any traveling salesman engaged in taking
orders for the sale of goods where no delivery of goods is made at
the time of taking such orders.
§ 6046. Pharmacies not taxed. — Paragraph two, section two of 4* ww, p.
the general tax Act for the years 1899 and 1900, approved December
22d, 1898, is, amended by striking the word "pharmacy" from the
said second paragraph of said Act.
PROFESSIONAL TAX. '
§ 6047. Professional tax, to he paid before practicing. — It shall A37896' p'
be unlawful for any person or persons in this State to practice the
profession of law, medicine, or dentistry, or any other profession upon
which a special tax is levied by the State, and charge for the same
without paying said special tax.
§ 6048. Penalty for failure to pay. — If at any time after the A- i896' p-
passage of this Act, it shall be found that a nulla bona entry has, by
the proper authority, been entered upon an execution issued by the
tax collector of any county of the State against any person or per-
sons for said special tax, and that such person or persons have, there-
§§6049-6053 PART L, TITLE II. 14
Professional tax.
after, engaged in the practice of any or all of said professions and
charged for the same, such person or persons shall be deemed guilty
of a misdemeanor, and upon conviction, shall be punished as pre-
scribed in section 1039 of the third volume of the Code of 1895.
a. 1896, p. § 6049. Payment prerequisite to practicing. — If at any time after
the passage of this Act, it shall be found that a nulla bona entry has,
by proper authority, been entered upon an execution issued by the
tax collector of any county of this State against any person or per-
sons for any special tax, such person or persons shall not then be
allowed or entitled to have or collect any fees or charges whatever
for their services rendered after the entry of such nulla bona; pro-
vided however, that if at any time after the said entry of nulla
bona has been made, the said person or persons whom said execution
issues against shall pay said tax in full, with all interest and costs
accrued thereon, they shall then (after such payment) be allowed
and entitled to collect any fees and charges due them, as though they
had never defaulted in the payment of said taxes.
a. 1899, p. §6050. Confederate soldiers practice medicine without tax. —
All Confederate soldiers who are now or may hereafter be on the
indigent pension roll of this State, and who are otherwise, under
the laws of Georgia, entitled to practice medicine, be and they are
hereby authorized to practice their profession without being subjecx
to any tax therefor.
A'ioo"'p' § 6051. Proprietors of parks or race tracks not taxed. — Every
park or place where baseball, football or any similar game is played,
or race tracks where bicycles, horses or other races of similar char-
acter are had, where admission fees are charged, shall be exempt
from any special tax imposed upon same, whenever the proprietor or
owner of same is a maimed or disabled confederate soldier.
Aioo"'p' § 6052. Affidavit to obtain exemption. — Any one obtaining the
benefits of this Act must first make proof by his affidavit, before
the ordinary of the county where said park or place or track is, that
his claim to the benefits of this Act are true and valid, and such
affidavit must be approved by the ordinary, before said property shall
be held exempt from the special tax by the tax collector of said
county.
§ 6053. Confederate soldiers as photographers, not taxed. — Sub-
section third of section 2 of the General Tax Act for the years 1899
and 1900, approved December 22, 1898, is amended so as to read as
follows : Upon every daguerrean, ambrotype, photographic, and sim-
ilar artist, ten dollars, and tax shall be required of them only in one
county; provided, this Act shall not authorize any traveling photog-
rapher to do business in any incorporated town or city, or within ten
miles of the limits thereof, where there is located a permanent pho-
a. 1899, P. tographer ; [provided further, that this tax shall not be required of,
nor any of its restrictions apply to, Confederate soldiers who may
engage in said business for themselves, and not for some other per-
14.
§ 6053 (a). Redemption of land sold for taxes. — Where real estate a. 1898, p.
has been sold under any State, city, county, or school taxfi.fa.
the same may be redeemed at any time within twelve months after
the sale by the defendant tax fi. fa. , his heirs or personal repre-
sentatives, or by any tenant in common, remainderman or other
persons having an interest in such property.
(b). Creditors may redeem. — Such property may be also redeemed
by the holder of any mortgage, judgment, lien or other interest in
said property, or by any creditor of the defendant in fi. fa.
fc). .Effect of redemption. — When property has been redeemed, the
effect thereof shall be to put the title conveyed by the tax sale back
into the defendant in ft. fa., subject to all liens existing at the time
of the tax sale, and if the redemption has been made by any creditor
of the defendant or person having any interest in the property, the
amount expended by such creditor or person interested shall con-
stitute a first lien thereon and be repaid prior to claims upon the
property if the quitclaim deed hereinafter provided for is recorded
as required by existing laws.
id). Creditor's claim, where he redeems. — If the property is re-
deemed by a creditor of the defendant in fi. fta. who has no lien,
such creditor shall have a claim against the property for the amount
advanced by him in order to redeem the same in case there is there-
after any sale of the property under a judgment in favor of such
creditor, and if the quitclaim deed is recorded as required by law.
(e). Quitclaim deeds to property redeemed. — In all cases where
property is redeemed, the purchaser at the tax sale shall make a
quitclaim deed to the defendant in fi. fa., reciting therein by whom
the redemption money, has been paid, and in what capacity, or under
what claim of right or interest the same was paid, which shall be
prima facie evidence of the facts stated.
85.
15 PART L, TITLE II. §§6054-6059
Tax collectors.
son or persons, either as partner or otherwise] ; and upon each agent
or firm negotiating loans, and charging therefor, ten dollars in each
county in which they may carry on business. r k~\
^u^sr.yv i/sM TAX COLLECTORs.
§ 6054. Reports and payments to be made monthly. — From and a. 1896, p.
after the first day of October, 1897, it shall be the duty of the
State and county tax-collectors of this state to make monthly state-
ments in duplicate under oath of all taxes, both State and county,
collected by them, one copy to be filed with the Comptroller General
and one to be filed with the ordinaries of their respective counties,
or such other officer as may have the supervision of the revenues of
their counties.
§ 6055. First report, when to be made. — The first monthly state- a. 1896, p.
ment to be made under and by virtue of the provisions of this
Act shall be made on the first Monday in October (1897) eighteen
hundred and ninety-seven, and on the first Monday in October in
all succeeding years, and to include therein all taxes collected for and
during that fiscal year, and then to be made monthly thereafter on
the first Monday in each month, until the tax-collectors have made
a final settlement with the State and county for that fiscal year.
§6056. Payments, when and how made. — The tax-collectors ofA.i896, p.
this State, when they make their monthly statements as provided
for in the foregoing sections of this Act, after deducting their com-
missions on the amount included in their monthly statements, pay
into the State Treasury, or such banks as are designated by the Gov-
ernor as State depositories, the hundreds of dollars of the State's part
of the amount in said statement, leaving the fractions of hundreds
dollars on hand, and which will constitute the first item in the next
month's statement ; they shall also, at the same time, after deducting
their commissions for collecting the county's part of the taxes, pay
into the county treasury the hundreds of dollars of the county's part
of the amount in said statement, leaving the fraction of hundreds
dollars on hand, and which will constitute the second item in the
next month's statement.
§ 6057. Failure to report or pay, penalty. — Any tax-collector a. 1896, p.
who shall fail or refuse to make the monthly statements, and to 36,
make monthly payments to the State and county, as is required by
the foregoing sections of this Act, shall forfeit his commissions to the
State and county for the month in which said failure was made.
§6058. Blanks for reports. — It shall be the duty of the a. 1896, p.
Comptroller-General of this State to have prepared and to furnish the 36'
several tax-collectors of this State with suitable blanks on which to
make the monthly statements as provided for in section (1) one of
this Act. (§ 6054 above.)
§ 6059. Wild land, sale of, for tax.
[Note. — The act of 1896. p. 75, was repealed by the act of 1898, a.i898,p.
p. 101.] 10L
6060-6064 PART I., TITLE III. 16
Counties and county matters.
PART I.
87.
87.
TITLE III.
COUNTIES A7MD COUNTY MATTERS.
a. 1897, p. § 6060. Election contested. — The election for the removal of the
87- county site of any county can and may be contested.
a. 1897, p. § 6061. Proceedings in case of contest. — The following shall be the
proceedings in such contest :
Number- of freeholders. — Not less than seven free-holders voting
at such election shall commence a contest, and any person voting at
such election may defend such contest.
a. 1897, p. § 6062. Notice to Secretary of State. — The contestants shall give
written notice to the Secretary of State of an intention to contest, and
upon receipt of such notice said Secretary shall withhold certifying
the result of said election until the contest is decided, or until the
time hereinafter prescribed shall have elapsed without the filing of
such contest. In all cases the Secretary shall withhold his certificate
of the results of the election ten days after said election shall have
been held.
a. 1897, p. §6063. Notice posted at courthouse. — ~No contest shall be had
unless the same be instituted by posting a written notice at the court-
house door and serving the ordinary personally, or by leaving such
notice at his most notorious place of abode, within five days after the
day upon which said election is held, which notice must be signed
by such contestants in person or by their attorney at law; but no
proceedings to take testimony, as hereinafter provided, shall begin
until at least five days after the posting of such notice, and said
notice shall state the grounds of contest, the time and place where the
contestants intend to take testimony, and the judicial officer before
whom the testimony will be taken ; provided, that for providential
cause or other sufficient reason any other judicial officer than that
named in the notice, qualified to act, may preside at the taking of
such testimony, the cause of such change being made to appear by
affidavit of one of the contestants, and to be made a part of the record
of said case. Said notice may be served upon the ordinary by the
sheriff, his deputy or a constable of the county where the contest is
pending, who shall be paid by the contestants $2 for the service of
notice of contest.
A.fli897, p. § 6064. Testimony, taking of. — Any judicial officer of the county
where the testimony is taken may preside and preserve order, to
swear witnesses and to see the testimony is fairly and impartially
taken and reduced to writing. Said officer shall have the power to
subpoena witnesses and compel their attendance if in this State, issue
subpoenas duces tecum, and compel the production of books and pa-
pers; to issue commission to take testimony; to punish persons for
87.
17 PART L, TITLE III. §§6065-6069
Counties and county matters.
contempt by fine or imprisonment, and to adjourn from day to day;
provided, all testimony submitted on the part of the contestants shall
be taken within forty clays from the day of the election contested.
Any citizen of the county in which the election was held, who voted
in said election, shall have the right to appear and resist the pro-
ceedings to contest; provided, that where more than one person ap-
pears and resists such contest, they shall act jointly and not severally
in making defense to said contest.
The contestees, or those resisting the proceedings to contest, shall
be allowed fifteen days after the closing of contestants' testimony
to submit and take testimony in rebuttal, or on cross grounds.
§6065. Fees of officer. — The judicial officer presiding shall be a. i 897, p.
allowed $2 per day for his services, and the clerk who takes down the
testimony $2 per day for his services, which, with the cost of service
of notice and subpcenas herein provided for, may be enforced and
collected by execution issued by the judicial officer presiding in said
contest against the party at whose instance the testimony is taken or
subpcenas issued.
§ 6066. Exceptions. — Either party may appear in person or by a. 1897, p.
attorney, or both, and examine and cross-examine witnesses and have
certified all legal exceptions to the admissibility of testimony sub-
mitted by the opposite party, which exceptions shall be passed upon
by the court finally determining said contest.
§ 6067. Cross grounds, notice, etc. — The contestee, or person re- a.1897, P.
sisting contest proceedings, may file cross-grounds of contest, in
which case he shall give like notice as is required to be given by the
contestant, and the testimony on such cross-grounds of contest shall
be taken after the close of contestant's testimony, and within fifteen
days thereafter, upon the same notice and in the same manner as is
herein prescribed for the taking of testimony for the contestants, and
certified by the presiding officer as such.
§ 6068. Rebuttal evidence. — The contestants shall have five days a. 1897, p.
after the close of the contestee' s evidence to introduce evidence in
rebuttal.
§ 6069. Papers and proceedings, transmission of. — All papers and A 1897 p#
proceedings, or copies of them, duly certified by the presiding officer, 87-
must be transmitted within ten days after the closing of the testimony
so taken, to the Secretary of State, who shall hear and determine the
same, after giving reasonable notice to contestants and contestees,
or parties resisting such contest, or their counsel, of the time and
place of hearing, and said Secretary of State shall enter upon his
finding in writing, and consider said contest proceedings and his
judgment thereon in connection with the returns of said election, and
certify by written certificate the number of legal votes properly and
legally cast at said election for removal, and to what place, and the
number of legal votes properly and legally cast against removal.
The Secretary of State shall keep on file and preserve all the papers
2
§§6070-6075 PART L, TITLE III. 18
Counties and county matters.
in such contested cases, and transmit the same to the General Assem-
bly when required.
A.gi897, p. § 6070. Code § 108 applies.— Section 108 of the revised code of
1895, of this State, specifying the method of obtaining and examin-
ing suspected ballots, is hereby made applicable to contests arising
under and by virtue of this Act.
a. 1898, p. §6071. Bonds of county officers. — All county officers of this
State, including those elected at the last election, shall have until the
first day of January next after the election, to file their several bonds
as now required by law.
A-J898, p. g 6072. Funds of county, how expended. — ~No ordinary, county
commissioner, or board of county commissioners of any county of
this State, or any other officer empowered by law with the expendi-
ture of public funds, shall purchase from any store, corporation, or
individual in which he is interested directly or indirectly, nor from
any store, corporation or individual where such officer or any mem-
ber of the board to which he belongs is related by blood or marriage
to such individual or any one owning an interest in said store or
property or employed in or by said store, corporation, or individuals,
any article or property of any kind, whether real or personal, for
A688"'P' county purposes [ ].
a. 1898, p. § 6073. Illegal contracts. — Any county official violating the pro-
visions of this Act shall be removed from office upon proper pro-
ceeding instituted by any taxpayer of said county, and any contract
made in violation of the provisions of this Act is hereby declared
105.
to be illegal.
A.gi897, p. g 6074. Validation of bonds. — When any county, municipality,
or division desiring to incur any bonded debt, as prescribed in
paragraphs 1 and 2, section 7, article 7, of the Constitution of 1877,
shall hold an election in accordance with the provisions of said Con-
stitution, and in accordance wTith the laws of the State of Georgia
now of force, or which may hereafter be of force, controlling and
regulating such elections, and the returns of said election shall show
prima facie that such election is in favor of the issuance of said
bonds, the officer or officers of such county, municipality or division,
charged by law' with the duty of declaring the result of said election,
shall, within twenty days after so declaring the result of said election,
notify the solicitor-general of the judicial circuit in which such
county, municipality or division shall lie, in writing, of the fact that
an election for the issuance of bonds was held in such county, munic-
ipality or division, and that said election was in favor of the issuance
of such bonds, and the service of said notice shall be personal upon
said solicitor-general, and in the event he is absent from the said
circuit, then said notice shall be served in person upon the Attorney-
General of the State of Georgia.
A.J897.P. § 6075. Petition to be filed, contents of. — Within twenty days
from the date of such services as is provided in the preceding sec-
82.
19 PART L, TITLE III. §§6076-6078
Counties and county matters.
fion, the said solicitor-general, or the Attorney-General of the State
of Georgia, as the case may be, shall prepare and file in the office of
the clerk of the superior court of the county in which said election
was held a petition, directed to the superior conrt of said county,
in the name of the State of Georgia, and against such county, munic-
ipality or division, desiring to issue bonds under such election, set-
ting forth the service of said notice, as provided in the preceding
section, the name of the county, municipality or division seeking to
issue said bonds, the amount of bonds to be issued, for what purpose
to be issued, what interest they are to bear, how much principal and
interest to be paid annually, when to be paid in full, and the further
fact that an election was held for the issuance of said bonds, and that
said election is prima facie in favor of the issuance of said bonds,
and shall obtain from the judge of said court an order requiring
said county, municipality or division, by its proper officers, to show
cause at such time and place, within twenty days from the filing
of said petition, as the judge of said court may direct, why said
bonds should not be confirmed and validated, which said petition and
order shall be served in the manner now provided by law for the
service of petitions upon counties, municipalities or divisions, and
to such petition the officers of such county, municipality or division
shall make sworn answer within the time prescribed herein.
§6076. Appeal to Supreme Court. — Within the time prescribed a. 1897, p.
in said order the judge of said superior court shall proceed to hear
and determine all of the questions of laAV and of fact in said
cause, and shall render judgment thereon, and in the event his judg-
ment shall be in favor of the issuance of said bonds, a judgment and
order shall be entered to that effect, and any citizen of the State of
Georgia, resident in such county, municipality or division, so desir-
ing to issue said bonds, may become a party to said proceedings, and
if dissatisfied with the judgment of said court confirming and vali-
dating the issuance of said bonds, may except thereto within twenty
days from said judgment, as in the case of injunctions, and upon the
hearing in the Supreme Court such bill of exception shall be heard
in accordance with the practice regulating the hearing of bills of
exceptions in criminal cases.
§ 6077. Validation conclusive. — In the event no bill of excep- a. i897, p.
tions is filed within the time prescribed herein, or, if filed, is
affirmed by the Supreme Court, the judgment of said superior court,
so confirming and validating the issuance of said bonds, shall be for-
ever conclusive upon the validity of said bonds against the said
county, municipality, or division, and the validity of said bonds shall
never be called in question in any court in this State.
§ 6078. Proof of validation. — Said bonds, when issued under the a. 1897, p.
provisions of this Act, shall each and every of them have
stamped or written thereon by the proper officers of such county,
municipality or division issuing the same, or their agents or servants,
§§ 6079-6082a PART L, TITLE IV. 20
Roads and bridges.
* i
the words : "Validated and confirmed by judgment of the superior
court/' specifying also the date when such judgment was rendered,
and the court in which it was rendered, which shall be signed by the
clerk of the superior court in which the judgment Avas rendered, which
said entry shall be original evidence of the fact of such judgment
and shall be received as original evidence in any court in this State.
a. 1897, p. § 0079. Notice of proceedings to validate. — Prior to the hear-
ing of said cause, as herein provided for, the clerk of the superior
court of the county in which said cause is to be heard, shall publish
in a newspaper at least twice 'before the hearing of said cause a notice
to the public that on the day specified in the order providing for the
hearing of said cause the same will be heard.
a.^1897, p. ^6080. Costs of proceeding. — All the costs of said cause shall
be borne and paid in any event by the county, municipality or
division desiring to issue said bonds, and in addition to said costs
shall also pay the solicitor-general the sum of twenty-five dollars for
his entire services in such cause.
a. 1897, p. §6081. Previous elections, bonds issued under. — Where anv
county, municipality, or division has already submitted to the
qualified voters of such county, municipality or division the question
of incurring any bonded indebtedness at an election called for that
purpose, and such election has already been declared to have re-
sulted in favor of the issuance of such bonds, and said bonds have not
been issued or disposed of, then such county, municipality or division
may proceed to issue such bonds, and no court in this State shall have
power to inquire into the validity of said bonds by any proceeding at
law or in equity which may be brought, unless the same is inter-
posed within thirty days from the date of the passage of this act.
a. 1898, p. §6082. Venue in cases between counties. — In all suits bv one
county against another county, now pending or hereafter brought
in the county sued, the Judge presiding shall change the venue to a
county adjoining the one in which suit is brought, on the motion of
the plaintiff, supported by the oath of the Ordinary, Chairman, or
other presiding officials of the Board of County Commissioners, Com-
missioners of Roads and Revenues, or other body having jurisdiction
and management of county affairs (as the case may be) of the county
bringing such suit, that in his opinion a fair and impartial trial cam
not be had in the county in which such suit is brought.
PART I.
TITLE IV.
ROADS AND BRIDGES.
a. 1898, p. § 6082a. Commissioners of roads and revenues; vacancies, how
93.
. filled. — All vacancies now existing, or that may hereafter exist.
21 PART I, TITLE IV. §§6083-6087
Roads and bridges.
in the office of commissioners of roads and revenues in any county
in this State, in which the special act creating a board of commis-
sioners of roads and revenues for said county makes no provision for
succession to fill such vacancy, the judge of the superior court
of the county shall have power to appoint a successor to fill said unex-
pired term.
§6083. Authority to condemn land for. — In all cases when it a. 1900, p.
shall become necessary to condemn land in any county of this State a. is?7, p.
. . .... 107.
for the purpose of grading, improving, turnpiking, paving, widen-
ing or macadamizing public roads, for the use and convenience of
the public, the county authorities, consisting of the ordinary, or
county commissioners, as the case may be, shall have power and
authority to condemn the Jands of private persons or corporations
so as to increase the width of said roads to a width, as in the judg-
ment of such county authorities shall be proper, not to exceed a width
of fifty feet at the base of said road.
§6084. Procedure; notice to owner; expenses county to hear. — a. 1900, p.
Whenever it shall become necessary to condemn lands, under
the first section of this Act, the manner of procedure shall be as under
the existing laws of this State, as set forth in section 4657 of the
Civil Code of 1895, and the sections following said section, relating
to condemnation of private property, appointment of assessors, hear-
ing before assessors and appeal, final judgment, etc., with the excep-
tion that five days' notice to the owner or owners of land sought to
be condemned under this Act shall be deemed sufficient ; and provided
further, that the county shall bear the expense of condemnation.
§ 6085. Costs where county refuses to buy under award made. — A^iww.p.
The county authorities., at any time after the award of the
assessors or the final judgment fixing the damages to be paid by rea-
son of said condemnation, may decline to accept the land so sought
to be condemned, but in the event of such declination the county
whose authorities are seeking to condemn said land shall pay all costs
of said proceedings up to the time of said declination.
§ 6086. Notice of proceedings. — Whenever the authorities of any A-J900' p-
county shall seek to avail themselves of the provisions of this
Act, the notice prescribed by existing laws of this State to be served
upon the owner of the property, or upon the owner of any remainder,
reversion, mortgage, lease, security-deed or other interest therein,
shall be signed by the county commissioners of said county, or a
majority of them, and if there be no county commissioners in said
county, then by the ordinary thereof, and such notice shall be held
and deemed to be the official decision and action of said county in
regard to the commencement of said condemnation proceedings.
§6087. Public roads, how worked; election, petition for. — OnA-7J896,p-
the filing of any petition with any ordinary in this State, signed
by one hundred and fifty or more voters of the county of such ordi-
nary, asking for an election to be held to determine whether the
110.
§6088, 6089 PART L, TITLE IV. 22
Roads aud bridges.
following plan shall be adopted for working the public roads of said
county, the said ordinary shall make an order providing for an elec-
tion, and shall appoint a day for the same, and public notice of the
date of the same, for four successive weeks in the newspaper in which
the legal advertisements of such county are published. On the day
appointed an election shall be held at the election precincts in such
county, under the laws of this State controlling elections, and the con-
solidated returns shall be made to the ordinary of such county. No
additional or other registration shall be required of voters at such
election, but the registration had at the next preceding election shall
be sufficient for any election under this Act, and the name of any
legal voter may be added to the list of voters by the registrars on his
taking the required oath, unless the board of registrars decide that
such voter is disqualified. Voters shall have written or printed on
their ballots the words, "For the four days law/' or "Against the four
days' law." In the event that "For the four days law" shall have a
majority of the votes cast at such election, the ordinary shall so
declare by appropriate order, and thereafter the following shall be
the road law of countv.
a. 1898, p. § 6088. Road hands, commutation tax. — It shall be the duty
of the Ordinary, or Commissioner of Roads and Revenues, to pro-
vide for the working of all public roads in said counties hereinafter
specified. The same persons who are subject to road duty under the
laws as they now exist, shall be, and they are hereby declared to be,
subject to road duty under this Act between the ages of 21 and 50
years, and each and every person shall be subject to work on the
public roads in the district in which he resides not more than four
days in each year; but any person subject to road duty may relieve
himself from said duty, by paying to the person authorized to receive
the same, the sum of not exceeding one dollar for each day he may
be required to work, and a receipt from said party in any district
shall be good and sufficient to relieve him from road duty for that
year in any other district in said county : 'provided, said receipt shall
be for so manv dollars as he is summoned davs to work.
a.^898, p. §6089. Road overseers, compensation of. — The road overseers,
when appointed as hereinbefore provided, shall be paid the
sum of not exceeding one and one-half dollars per day for each day
that he actually works the roads, including the time required to sum-
mon the hands, as hereinafter provided for, said time to be judged
of by the Commissioners ; that they shall have charge of all the roads,
and report the condition of the same to the road Commissioners of
the district, who shall direct them when and where to begin work.
They shall then summons under the direction of the road commis-
sioners, such a number of hands as can be worked to the best advan-
tage at one time, and proceed to work them on the roads. If the
handi5 so summoned prefer to pay, and do pay, a commutation tax
in lieu of work, they shall pay the entire amount of the commutation
no.
23 PART I., TITLE IV. §§ 6090-6092
Koads and bridges.
tax required of them for the number of days for which they have
been summoned to work, and the overseers are authorized and re-
quired to receive and receipt therefor, and shall proceed to summon
other road hands necessary to fill up the number required. They
shall continue to summon hands as those first summoned work out
their time or pay the commutation tax, and shall continue to work
on the roads from time to time as directed by the Commissioner, until
all the roads in the district are put in good order, or until all the
hands have been exhausted. They shall then continue to work the
roads with such other hands as the road Commissioners may authorize
them to employ. They shall take charge and care for all tools, imple-
ments, teams and supplies furnished them by the district Commission-
ers. In summoning hands regard shall be had, as far as practicable,
to the road nearest to the place where the hands summoned live in the
same district.
§6090. Time required of each hand; road tax. — Whenever theA-j898P-
road commissioners of each district have assessed the number of
days each road hand in their respective districts shall be required
to work, not to exceed four days in each year, and have furnished
the Ordinary of said county with a list of road hands, and the num-
ber of miles of public roads in their respective districts, the Ordinary,
at the time when he assesses the taxes for other county purposes shall
also assess an ad valorem tax on all property in said county, not less
than ten cents nor more than twenty cents on each one hundred dol-
lars worth of property, to be collected as other county taxes are col-
lected, and paid over by the tax-collector to the county treasurer as a
pubHc road fund, and be paid out for road purposes upon the order of
the Ordinary, who shall be, by virtue of his office, Chairman of a
Board of Roads and Revenues, to be composed of the Ordinary and
one Road Commissioner from each district, who shall be elected by
the Road Commissioners of each district from their number on the
first Monday in January of each year ; provided, that they may elect
on the first M'onday in any month to fill vacancies.
§ 6091. Tax prorated between districts. — It shall be the duty of AjJ§98' p-
said board to prorate the road tax to the several districts, according
to the number of miles and character of roads in each district. Said
board shall receive the same compensation per diem as is allowed
grand jurors in said county. The cost of all tools and implements
purchased by the commissioners of any district for working the public
roads shall be deducted from the amount prorated or apportioned to
such district or districts.
§6092. Road money, how expended. — All commutation tax col- A-111^98'p-
lected by the district overseers shall be paid by them to the district
commissioners, who shall receipt them for the same. All money re-
ceived by said commissioners for commutation tax and all moneys
received by them from the county authorities on an ad valorem tax
shall be used by the said commissioners in having the roads worked
§§6093-6099 PART L, TITLE IV. 24
Roads and bridges.
to the best advantage in their respective districts, and that on or
before the 31st dav of December of each and everv year the said
road commissioners shall make out and furnish to the county authori-
ties a full and complete tabulated statement of the amount of money
received and expended on the roads in their several districts and
shall exhibit receipts showing for what and to whom paid.
a. 1896, p. § 6093. Ad valorem tax,, hov) paid. — Any person subject to pay an
a.' 1898, p. &d valorem tax under this Act shall be allowed the right and privi-
lege to pay the same in material furnished, or labor with team per-
formed on the public roads, that they may be consigned to by the
District Commissioners, the price of which shall be regulated by said
Commissioners. A receipt therefor from the overseers and approved
by one of the Commissioners of said district shall be received by the
tax collector of said county in payment of said ad valorem road tax.
a. 1898, p. §6094. Bonds of overseers and commissioners. — The road over-
no. '
seers who collect the commutation tax, and the commissioners who
receive the same, or other road money, shall give good and sufficient
bond, payable to the Ordinary of said county.
a. 1896, p. § 6095. Penalties against overseers arid commissioners. — For any
a. 1898, p. failure to perform, any duty by this Act imposed upon them, or for
making any fraudulent disposition of funds hereby provided, or for
any of the commissioners to be interested directly or indirectly in any
contract authorized to be made under this Act, the commissioners so
offending shall be guilty of and punished as for a misdemeanor.
A.^i896, p. § 6096. Counties to which foregoing sections apply. — The pro-
a. 1898, p. visions of this Act shall not become of force in any counties where the
provisions of said Act of 1896 has been adopted by a vote of the peo-
ple until the grand jury of said county or counties shall have recom-
mended and adopted the provisions contained in this Act; provided,
that the provisions of this Act shall not go into effect in any county
until said county has adopted the said Act of 1896.
a^899, p. g 6097. Inspectors of roads and bridges; appointment of. — The
commissioners of roads and revenues for all counties in this State
having a population of more than seventy-five thousand people, ac-
cording to the census of the United States, shall have the power to
employ one or more persons to be known as inspector of roads and
bridges.
a. 1899, p. § 6098. Duties of Inspectors. — It shall be the duty of such In-
spectors to examine routes for new roads and report thereon, to make
constant and careful examination of the existing roads and bridges
of the county for which they may be appointed, and report the condi-
tion of the same to the commissioners as often as may be necessary
and as often as directed by said commissioners ; to guard and look
after the county chain gang and capture escapes therefrom, and do
all such other things in reference thereto when and as directed bv said
commissioners.
A898",p' § 6099. Deputy sheriffs may be. — The sheriff of any county which
employs such inspectors shall, on the request of the commissioners.
25 PART L, TITLE IV. §§6100-6108
Roads and bridges.
appoint them deputy sheriffs, and as such they shall have power to
make arrests for any violations of the criminal laws of this State,
as other deputy sheriffs, but as to all arrests such inspector shall
report to the sheriff of their county as other deputy sheriffs.
§ 6100. Chief Inspector, how designated. — Where more than one a. 1899, p.
inspector shall be appointed in any county, the commissioners shall
have power to designate one of them as "Chief Inspector/'
§ 6101. Salary of Inspectors. — The commissioners are authorized A-g^899' p-
to pay such inspectors such salaries out of the county treasury as they
may think right and proper.
§ 6102. Tenure of office. — Such inspectors shall be employed sub- a. 1899, p.
ject to be discharged at any time by the Commissioners for any cause
whatever satisfactory to them.
§ 6103. Control of Inspectors. — Said Inspector or Inspectors shall a. 1899, p.
be under the control of the county commissioners, and such rules as
they may make in pursuance of this act.
§ 6104. Public work,, competition for. — Whenever public work for a. 1896, p.
the State, or any county thereof, is to be let out by bidding, no person
shall, by himself or otherwise, prevent, or attempt to prevent, by
any means whatever, competition in such bidding.
§ 6105. Bids for, not presented or withdrawn. — No person who a. i898,p.
desires to procure such work for himself or another shall, by any
means whatever, prevent, or endeavor to prevent, any one from mak-
ing a bid therefor, nor shall such person so desiring the work procure
or induce another to withdraw a bid for the work.
§ 6106. Oath of contractor. — Before any person who procures a. 1896, p.
such public work by bidding shall, before commencing to do the work, 73,
he shall make an oath, in writing, that he has not directly or indi-
rectly violated either of the foregoing sections. The oath shall be
filed with the officer Avhose duty it is to make the payment ; if the con-
tractor be a co-partnership composed of more than one person, all of
the co-partners, and any officer or agent or other person who may have
represented or acted for them in bidding or procuring the contract,
shall also unite in making the oath. If the contractor be a corpora-
tion, all officers, agents, or other person who may have acted for or
represented the corporation in bidding or procuring the contract
shall make the oath.
§ 6107, Violation a misdemeanor. — A violation of any of the pre- a. 1896, p.
ceding sections shall be a misdemeanor.
§ 6108. Penalty for false swearing. — If the oath prescribed in the a. 1896, p.
foregoing sections shall be made and should be false, the person mak-
ing it shall be punished for false swearing, and the contract shall be
void, and all sums paid by the State or county may be recovered on
the contract by appropriate suit.
6109-6113 PART L, TITLE V. 26
Elections.
PART I.
TITLE V.
ELECTIONS.
a. 1898, p. §0109. Hours for opening and closing precincts. — In all incor-
porated towns and cities having more than one election precinct
situated in the corporate limits of such incorporated town or city,
such precincts at all elections held, shall be kept open from 7
o'clock a.m.j to 6 o'clock p.m., and that when there are in such incor-
porated towns or cities other precincts than the courthouse precinct
for the holding of elections, the elections in such precincts shall be
kept open for the same time and during the same hours as now pro-
vided by law for keeping open elections at the courthouse.
a. 1900, p. §6110. Blanks and tally-sheets to he furnished. — The Governor
shall furnish to the proper county authorities of the several counties
of this State sufficient blanks, tally-sheets, and blank lists for voters
in addition to those that are now furnished. Said tally-sheets shall
have printed therein proper heading and certificate, and, as far as
practical, the names of the several candidates, and the blank list for
voters shall have printed therein proper headings and certificates.
A*69°0°'P' § CHI- Blanks to be furnished for what elections. — These blanks
shall be furnished for all State, presidential, congressional and
county elections.
a. 1900. p. § 6112. Reqistration of voters. — It shall be lawful for anv citizen
70. ,"*''. *•
of the State, who is a qualified voter, when he pays his taxes to the
tax-collector, to have his name registered in the voters' book by the
tax-collector, and that said registration shall entitle such person to
vote in all elections that mav occur in the year next succeeding after
the date of such registration: provided, that such voter shall, at the
time he so registers, be entitled to vote under the constitution and
laws of this State.
a. 1900, P. §6113. Good for succeeding year. — All persons who shall thus
register, and who are qualified voters, shall be entitled to vote in all
elections that mav occur in the vear next succeeding the vcar in which
such registration is had, as fully and completely as those who may
register after the first of January of any year in which any election is
held, as now provided by law.
70.
27 PART L, TITLE VI. §§6114, 6115
Political and civil code amendments.
PART I.
TITLE VI.
Political and Civil Code Amendments.
[Note. — The figures immediately following- section mark ($) are the Code Sup-
plement numbers. Those in parenthesis are the numbers of the original
sections as they appear in the Code of 1895.]
§6114 (38). Election held at other time. — When an election A 1897> p
is to be held for any purpose as named in first section of this act, 95-
at any time other than the first Wednesday in October, and the Tues-
day next after the first Monday in November, as specified in section
four of this act, the provisions of this act shall apply in all respects,
except that section four of this act shall apply only to the general
elections named therein.
Except further, that any person who has registered for any gen-
eral election specified in section four of this act shall, if otherwise
qualified to vote at any election occurring before the next said gen-
eral elections, be listed as hereinafter provided by the registrars
named in said act, and entitled to vote at such intermediate or gen-
eral election ; and except that fifteen days before any intermediate
or special election, the said tax collector shall file with the county
registrars named in said act an accurate and complete list of all
names signed in said voters' books since January first of that year,
ami not before filed with said registrars, said lists to be made out
and arranged as provided in section Hyq of this act; and except
that in preparing the list of voters for said intermediate or special
elections the said registrars shall have reference to the lists prepared
by them for the last preceding election and the list furnished -to
them by the said tax collector as prescribed above, which said lists
shall, by said registrars, be purged, as prescribed in section eight of
said act, of the names of all persons who at the time of said inter-
mediate or special election may not be qualified to vote under the
laws of this state.
§ 6115 (48). Disqualified voters, how listed. — The tax collector, A.i899,p.
the ordinary and the clerk of the superior court of each county shall,
oil or before July 1st of each year, prepare and file with the county
registrar and tax collector a complete list, alphabetically arranged,
of all persons living in the county on January first of that year,
who are disqualified from voting in that year by reason of nonpay-
ment of taxes since 1877, or bv reason of idiocv, insanitv, or convic-
tion of crime whose penalty is disfranchisement, unless such con-
vict has been pardoned and the right of suffrage restored to him;
and said list shall also show the race of such person — that is to say,
whether white or colored; [provided, that after the passage of this
§§6116, 6117 PART L, TITLE VI. 28
Political and civil code amendments.
act, said list of disqualified persons shall consist only of such per-
sons whose names do not appear on the list last prepared and filed by
them. And said tax collector, ordinary and clerk of the superior
court shall only receive pay for the new names each year prepared,
listed and filed by them; provided, nevertheless, that in all cases,
they shall receive each, at least two dollars per day, that the last
list prepared, listed and filed by them before the passage of this
act, taken together with the list or lists of new names prepared and
filed each year afterwards, shall constitute the list of disqualified
persons as prepared by them for any one year, as the case may be.]
List of registered voters furnished by the registrars absolutely controls them.
Cole v. McClendon, 109 Ga., 188.
List of tax defaulters and others disqualified from voting to be filed with the
registrars. Drake v. Drewry, 112 Ga., 311.
A. 1896, p. § 6116 (72) [8]. Sec. 1. Compensation of managers and clerks. —
The county authorities of the various counties of this State who have
control of the county affairs, shall fix and prescribe in each voting-
precinct such compensation as they deem reasonable for managers
and clerks of election in this State, and in case said county authorities
fail to fix and prescribe such compensation, each manager shall re-
ceive two dollars, and each clerk, not exceeding three at a precinct,
one dollar, to be paid by county treasurer on order by county author-
ities ; provided, the provisions of this Act shall not apply to municipal
elections.
Managers can decide only one question — to wit, not to count vote of voter
who has not paid his taxes, and been registered. Drake v. Drewry. 109
Ga., 403.
Mandamus writ to be directed to all the superintendents who participated in
holding the election. Deen v. Tanner. 106 Ga., 394.
Signatures of all the superintendents, requirements as to, to be treated as di-
rectory only, not mandatory. Tanner v. Deen, 108 Ga., 99.
Sfc. 2. The compensation herein provided for shall be fixed be-
fore the day upon which said elections are held.
Sec. 3. All laws now of force in this State providing for the pay-
ment of election managers and clerks, excepting those laws in refer-
ence to payment of managers and clerks of municipal elections, are
hereby repealed.
a. 1898, p. §0117 (98). Official term of county officers. — The terms of
**' sheriffs, clerks of the superior courts, tax-collectors, tax-receivers,
countv treasurers, countv survevors, and coroners, beaan on the first
clay of January, 1873, and expired on the first day of January, 1875.
And all succeeding terms of said officers shall begin on the first dav
of January and expire on the first day of January two years next
a. 1898, p. thereafter ; [provided, that where the tax collector of any county
is succeeded by another, that the outgoing collector shall make final
settlement with the State and county for the taxes levied and charge-
able for the year for which he was elected and for the collection of
which he has ^iven bond : the incoming collector being charged and
43.
29 PART L, TITLE VI. §§6118-6121
Political and civil code amendments.
responsible only with the collection of the taxes dne for the years
for which he is chosen and bonded.]
§6118 (101). Elections, time and place of. — Justices of the a. i 898, p.
Peace shall be elected on the "first Saturday in [December, 1900]
and every fourth year thereafter, by the voters of their respective
districts ; provided, they have resided in the district as much as thirty
days immediately preceding the election, and are otherwise qualified.
The election must be held at the place of holding justices' court for
the district; if none, then at the election precinct; if no election pre-
cinct, then at some place in the district named by the ordinary, of
which ten days' written notice must be given in the district.
Constables' election properly denominated a State election. Rose v. State,
107 Ga., 703.
§ 6119 (102). Superintend, elections, who shall. — Such elections
shall be superintended by three freeholders of the district, [who shall a. 1900, p.
be appointed by the ordinary of the county, and upon the failure of
one or more of the freeholders appointed by the ordinary to act, the
place or places shall be filled by any other freeholder or freeholders
of the district] who shall take the oath required in section 67.
§6120 (105). Time of constables' elections, etc. — [Constables a. 1898, P.
in this State shall be elected at the same place and by the same class
of voters that Justices of the Peace are elected, which elections for
constables shall be held on the first Saturday in December, 1900, and
on the first Saturday of December every two years thereafter ; pro-
vided, that this Act shall not affect or change the time of the election
of constables in January, 1899.]
Constables' election properly denominated a State election. Rose v. State,
107 Ga. 703.
§ 6121 (107) [7]. Record, when to he transmitted by Judge of Su-
perior Court. — All papers and proceedings or copies of them duly cer-
tified by the presiding officer, or agreed to by the parties in writing,
must be transmitted within five davs after the closing of the testi-
mony to the Judge of the Superior Court of the circuit wherein the
contest may arise, who shall hear and determine the same, either in
term time or in chambers, after giving reasonable notice to the parties
concerned or their counsel of the time and place of hearing [and in a. 1898, p.
the event the Judge of the Superior Court of said circuit is disquali-
fied from hearing said contest, or for any legal cause refuses to hear
the same, he shall certify this fact and transmit said papers and pro-
ceedings to a Judge of the Superior Court of an adjoining circuit,
qualified to hear said contest, who shall hear and determine the
same.]
Constitutional act of 1893 does not violate the section of the Constitution em-
bodied in Code, $5015. Johnson v. Johnson, 99 Ga., 389.
Mode of procedure set out in \\ 107-109 of the Political Code, discussed. Tup-
per v. Dart, 104 Ga., 182.
§§6122-6124 PART L, TITLE VI. . 30
Political and civil code amendments.
1 C7
a.^1898, p. § 6122 (107) [8]. Notice of contest; failure to prosecute claim.
— [The contestant shall send to the Governor a copy of the notice, in
writing, required by subsection 2 of this Section to be served on the
contestee, stating the grounds of contest and the time and place of
taking testimony, and the name of the officer before whom testimony
is to be taken ; if no such copy is sent to the Governor within twenty
days after the holding of the election, he shall proceed to issue
commission as though no notice of contest had been received.
Should the copy of notice above specified be received within the
twenty days, but nothing more, and the time for taking testimony
have passed, the party whose election was proposed to be contested
may procure from the officer named in the notice as the one before
whom the testimony was to be taken, a certificate showing that the
contestant has taken no steps to prosecute his claim, and that the
delajT is not due to any fault on the part of said officer nor to the
selection of any other officer to preside, nor to continuances granted
by said officer to either party, to be signed by said officer before the
clerk of Superior Court or Ordinary of the county, who shall certify
that the signature is genuine and the officer signing the same is known
to him to be the identical officer who was selected to take testimony
in the case ; and upon the receipt of such certificate the Governor shall
proceed to issue the commission just as though no notice of contest
had ever been sent to him.]
§ 6123 (115). Tally-sheets, returns, etc. — Every such primary
election shall be held at the time and place, and under the regulations
prescribed by the rules of the party, organization or association
holding the same, and the return shall be made and the result de-
a. 1900, p. clarecl as prescribed in the foregoing section [and the returns of the
managers with the tally sheets or poll lists and ballots, together with
all papers connected with said election, shall be filed in the office of
the clerk of the Superior Court of the county in which said election
is held, within four days after the final declaration of the result
thereof, and the said clerk shall keep said election papers unopened,
and shall not examine the same or permit others to do so, for the space
of sixty days, after which time, if no contest is begun about said elec-
tion, said election papers shall be destroyed without examination of
same as aforesaid. And if the clerk shall violate or permit others
to violate the provisions of this act, he and the persons violating shall
be subject to be indicted and punished as for a misdemeanor.]
a. 1900, p. § 6124 [115]. Contests; proceedings. — When a contest is filed on
the ground of illegal votes, any of which it is claimed on affidavit can
probably be proven by resort to the ballots, specifying what ballots,
it is the duty of the clerk of the Superior Court to deliver the same,
together with all papers connected with said primary election, to the
person or persons who presides at the taking of the testimony in
such contested election, upon demand, who shall examine such sus-
pected ballots and none other, and any clerk of the Superior Court
31 PART L, TITLE VI. §§6125-6128
Political and civil code amendments.
who by law is intrusted with the ballots of any primary election, shall
fail or refuse to deliver up such ballots when the same are demanded
of him in accordance with this act, shall be punished as for a misde-
meanor, and if the person or persons to whom said ballots are in-
trusted shall violate the provisions of this section, shall likewise be
guilty of a misdemeanor.
§ 6125 (223) [71. Must be a citizen of county. — No person shall be
eligible to hold any county office in any county of this State unless he
has been a bona fide citizen of the county in which he shall be elected
[or appointed] at least two years prior to his election or appoint- a. 1900, p.
ment, and is a qualified voter entitled to vote. This act shall not 42'
have the effect to remove any person now holding office before the
expiration of his term of office.
§6126 (333). How laid out or changed. — Whenever it may be
necessary and expedient to lay out a new militia district, or to change
the lines of the old ones [or to consolidate or abolish old districts], a. 1899, p.
the ordinary may, at any time, appoint three commissioners, citizens
of the district or districts from which it is proposed to make the new
district, or change the lines thereof, whose dutv it shall be to lav out
and define such lines, and report the same to the said ordinary.
Determination of ordinary of Board of County Commissioners, how far review-
able. Howell v. Kinny, 99 Ga., 544-550.
§ 6127 (338). Making or changing districts; consequences. — If,
in laying out a new district or in changing the lines of an old district
[or iiL consolidating or abolishing old districts], the residences of A. 1899, p.
justices of the peace or constables elected or appointed are included 24-
in the new district, or cut off from the district, for which they were
elected or appointed, they have authority to discharge their duties
for the district for which they were elected or appointed until their
term of office expires and their successors in such district are quali-
fied, unless elected or appointed to the same office in the new district
to which they are eligible.
§0128 (386 and 387). Sec. 1. County lines disputed, how sur- A> 1899i p#
veyed. — Sections 386 and 387 of volume 1 of the Code of 1895, in 24-
reference to the manner of settling disputed county lines, are so
amended as to require the surveyor appointed by the Governor to sur-
vey, mark out and define the boundary line in dispute, to furnish the
ordinaries or chairmen of the board of county commissioners of the
respective counties with a copy of the survey arid plat made and re-
turned by him to the Secretary of State, and at the same time that
such survey and plat is made and returned to the Secretary of State.
Sec. 2. Return of survey and plat, protest. — The survey with
plat, made and returned to the Secretary of State, shall be filed but
not recorded for the space of thirty days from the date of its reception
in his office and the entry of filing made thereon, for the purpose of
allowing the authorities of either county dissatisfied therewith, to
file a protest or exceptions thereto within said time.
6130, 6131 PART L, TITLE VI. 32
Political and civil code amendments.
Sec. 3. Contests, how determined. — Tn ease such protest or ex-
ceptions is filed in said Secretary of State's office within the thirty
days aforesaid, it shall be the duty of said Secretary of State to
give ten days' written notice through the mail to the ordinaries or
chairmen of the board of county commissioners of the respective coun-
ties, of the time when he will hear the same at his office, and upon
hearing said contest said Secretarv of State shall determine from the
law and evidence the true boundary line in dispute between the re-
spective counties.
Sec. 4. Decision, where recorded. — Upon such decision being-
made by the Secretary of State, or in case no protest or exceptions
are filed, within the thirty days aforesaid, he shall cause the same to
be then recorded in a book to be kept for that purpose, whereupon
the same shall be final and conclusive as to the boundary line in dis-
pute.
§ 6 J 29 (580). Defaulters. — Any person who has failed or re-
fused to pay the commutation tax when demanded by the officer ap-
pointed by the authorities to make such demand, and who shall, with-
out a good excuse, fail or refuse to appear at the time and place ap-
pointed to work, when summoned or notified by the officer whose duty
it is to give said summons or notice by the rules of the authorities
having charge of the public roads, or who shall fail or refuse to
do faithful work as ordered by the officers in charge of the work
when he has appeared, shall be fined not less than one dollar nor more
than five dollars for each day he fails to work, or be imprisoned in
the common jail at the discretion of the authorities trying the case,
or be sentenced to work in the chain-gang for not longer than ninety
a. 1897, p. days. [If the authorities trying the case impose a fine upon the per-
son convicted, it may be with the alternative of other punishment
allowed by this section, in case said fine is not paid.]
§ 6130 (583). Provision of force on recommendation of grand,
jury. — This article shall not go into effect in any county in this State
until it is recommended bv the grand iurv of said count v, said recom-
mendation to be made at any term of court, and the operation of this
article shall be suspended in any county of this State upon a like
a. 1897, p. recommendation of the grand jury, made at any term of court [after
21 ' the lapse of three years from the time this article goes into effect].
Sections 573-583 "constitute a system of road law, general in its nature and
of uniform operation throughout the State." Mattox v. Knox, 96 Ga.,
404; Sasser v. Martin, 101 Ga., 458.
§ 0131 (657). Lessee of mine deemed the owner. — Any person or
company of persons engaged in working a mine under a lease for that
purpose shall be held and regarded as owner or owners, and as such
shall be entitled to avail himself or themselves of the benefits and
v 1897 privileges of this article ; [provided, that in no instance shall water
21. greater in amount, measured in cubic feet, than the surplus be with-
drawn and carried away entirelv from a stream above anv mill or
33 PART L, TITLE VI. §§6132-6135
Political and civil code amendments.
factory now in operation, and surplus water to be that full amount
of water that would run to waste with a tight mill dam at such mill
or factory ; and this provision shall apply as fully to owners of mines
as to lessees of mines].
§ 6132 (739). Councilman incompetent to hold other municipal
office. — Councilmen and aldermen of the towns and cities of this
State shall he incompetent to hold, except in towns of less than two
thousand inhabitants, any other municipal office in said towns and
cities during the term of office for which they were chosen ; \ provided, a. 1899, p.
nothing herein shall render them ineligible to be elected during said
term, to serve in a term immediately succeeding said term], but
nothing in this section shall apply to any municipal office which is
filled by appointment of the mayor. Any councilman or alderman
appointed during his term to any other municipal office shall resign
before being eligible to enter upon the office to which he has been
appointed; provided, nothing herein contained shall be construed as
repealing any provisions to the contrary hereof in any charter of any
city or town in this State.
Cities and towns of less than 2,000 inhabitants: Councilmen and Aldermen of,
may hold any other municipal office. Act constitutional. Crovatt v.
Mason. 101 Ga., 249; Union Savings Bank v. Dottenheim, 107 Ga., 622.
General law as distinguished from laws of a local character. Sasser v. Mar-
tin, 101 Ga., 477; Union Savings Bank v. Dottenheim, 107 Ga., 622.
Members of City Council cannot constitutionally be members of the Board of
Water and Electric Light Commissioners. Jones v. McCaskill, 112 Ga.,
453.
§ 6133 (684:). Existing towns, by what law governed; new towns a. 1897, p.
and villages, hoio incorporated. — The towns and villages heretofore 94,
established in this State shall remain subject to the laws now in force,
applicable thereto respectively; and the provisions hereinafter set
forth shall be deemed applicable only to the towns and villages estab-
lished after August 26th, 1872. [The third section of the act of
1874, p. 44, amending the act of 1872, p. 16, was repealed by the
act of 1897, p. 94.]
Constitutional law. Sections 684-710 embody a law not of a general nature,
and an Act may be passed incorporating a town or village, without vio-
lating Code, \ 5027. Fullington v. Williams, 98 Ga., 808.
General law. Sec. 683, et seq., not a general law, and therefore the General
Assembly in 1898 could create a municipal corporation by special enact-
ment. Benning v. Smith, 108 Ga., 259.
§ 6134 (862). On what tax allowed,. — The proper tribunal in
making out such list shall be required to state how much is allowed
the collector on account of the State tax, and how much is allowed
on the county tax ; [and furnish the Comptroller-General an alphabet- A 1900 p
ical list of the names of insolvent taxpayers, the militia district in 42-
which each resides, and the amount of each fi. /a.l
§ 6135 (906). Constable may levy in any part of county. — The
tax-collector may place his fi. fas. in the hands of any one constable
of the county, who shall be authorized to collect or levy the same in
3
§§6136, 6137 PART L, TITLE VI. 34
Political and civil code amendments.
a. 1899, p. any part of the county [and it shall be the duty of the constable or
constables, or other levying officer to whom the tax-collector may
deliver said tax fi. fas. for collection, to proceed promptly to enforce
by levy and sale the collection of the same, and said levying or col-
lecting officer or officers shall make prompt settlements with the tax-
collectors, and in no event shall they be allowed longer than ninety
days from the time the fi. fas. are placed in his hands, within which
to make final settlement with the collector and return to him the
tax collected and the uncollected fi. fas. with proper entries thereon.
Anv constable or other ievving officer who shall fail or refuse to make
such final return or settlement within the time above stated, shall for-
feit all costs that might be due him on said fi. fas., and be subject to
be ruled before any court of competent jurisdiction and made to ac-
count as required by this law].
§ 6136 (932). Beceivers oath and hand. — Such receiver, whether
elected or appointed, before entering on the duties of his office, besides
the oath required of all civil officers, must take and subscribe the
following oath: "I swear that 1 will truly and faithfully perform
the duties of receiver of returns of taxable property, or of persons
or things specially taxed in the county to which I am appointed, as
required of me by the laws, and will not receive any return but on
oath or affirmation, and will before receiving returns carefullv exam-
ine each, and will to the best of my ability carry out all the require-
ments made upon me by the tax law. So help me God." He shall
a. 1896, p. also at the same time give bond and security in a sum equal to [one-
fourth] of the amount of the State tax supposed to be due from the
county for the year in which he shall give bond, the amount of said
bond to be filled up by the Comptroller-General before being sent out
to the several counties from the executive office.
§ 6137 (982). Slate depositories provided for in various cities. —
The Governor of the State of Georgia shall name and appoint a sol-
vent chartered bank of good standing and credit in each of the follow-
ing cities of the state, to wit: Atlanta, Athens, Augusta, Columbus,
Macon, Savannah, Home, Americus, Albany, Hawkinsville, Gaines-
ville, Griffin, Lagrange, Thomasville, Newnan, Cartersville, Dalton,
Valdosta, Milledgeville, Darien, Dawson, Cordele, Marietta, Rich-
land, Covington, Greenville, Quitman, Carrollton, Fort Gaines, For-
syth, Jackson, Jefferson, Washington, Millen, Warrenton, Elberton,
Afontieello, Cedartown, Harmony Grove, Thomaston, Waycross,
a. 1896, p. Brunswick, Blackshear [Eastman, Moultrie, Toccoa and StatesboroL
39.
a. 1897, p. [city of Tifton, in Berrietn county, Georgia, and the city of Law-
a. 1898, p. renceville, in Gwinnett county, Georgia], [the city of Dublin, in
a. 1899, p. Laurens county], [the city of Douglas, in Coffee county, Georgia],
a. 1900, p. [the city of Madison, in Morgan county], [the city of Tennille, in
a. i'9oo, p. the county of Washington], which shall be known and designated as
43.
State depositories.
35 PART L, TITLE VI. §§6138-6141
Political and civil code amendments.
§6138 (1143). Duration of commission. — Section 1143 of the a. i899,p.
Code of 1895 is repealed, and the following enacted in lien thereof:
All commissions now held by officers of the volunteer forces of this
state shall expire on the first day of February, 1900, on which day
officers shall be elected to succeed the present incumbents in the
manner now prescribed by law, and commissioned for a term of three
years. The term of office of all officers of said volunteer forces elected
or appointed after the passage of this bill, whether line, field, or staff
officers, shall be three years from date of their respective commis-
sions.
§ 6139 (1218). Pay and rations while in service. — Section 1218 a. .1899, p.
of the Code of 1895, prescribing the compensation of the volunteer
forces, amended to read as follows : Whenever any part of the vol-
unteer forces of this State is called into the service of the State for
the purpose of quelling insurrection, suppressing mobs, or otherwise
aiding the civil authorities in enforcing the law, their compensation,
in addition to railroad transportation, quarters and rations, shall be
as follows: All colonels, lieutenant-colonels and majors, of what-
ever arm of service, $4.00 per day. All captains of whatever arm of
the service, $3.00 per day. All lieutenants of whatever arm of the
service, $2.00 per day. All first sergeants of whatever arm of the
service, and all noncommissioned staff officers, $1.50 per day. All
other noncommissioned officers of whatever arm of the service, $1.25
per day, and all private soldieus, of whatever arm of service, $1.00
per day. In computing the length of the term of service, twenty-four
hours shall be considered a day, and all fractional parts of twenty-
four hours shall be counted as an entire day. The compensation
herein provided for, as well as the cost of railroad transportation and
subsistence, shall be paid out of the military fund, unless otherwise
specifically provided for.
§ 6140 (1241). Companies of naval militia. — In addition to the
companies of the Georgia Volunteers, which are now, or which may
be hereafter allowed, there may be allowed, in time of peace, the
following [divisions] of naval militia, organized by voluntary en- a. 1896, p.
listment for the defense of the coast and harbors, which shall con-
stitute a battalion to be known as the "Naval Battalion of Georgia
Volunteers," to wit : Three [divisions] of Naval [ ] Artillery A. i896i p.
and one Naval Torpedo division; provided, that the Commander-in- 86,
Chief shall have poAver, in case of war, insurrection, invasion, or
imminent danger thereof, to increase said force beyond such limit of
four companies, and to organize the same as the exigencies of the
service may require ; provided further, that the Commander-in-Chief
may alter, annex, divide, consolidate, or disband the said Naval Bat-
talion, or any part thereof, whenever, in his judgment, the efficiency
of the State service will be increased thereby.
§ 6141 (1243). Battalion officers.— To the aforesaid Naval Bat-
talion there shall be one [ ] commander, who shall com- A86896, p<
§§6142-6144 PART L, TITLE VI. 36
Political and civil code amendraeuts.
maud the same, one lieutenant [commander] to act as executive
officer, and one lieutenant to act as navigator, which officers shall be
chosen and commissioned as soon as the said Naval Battalion is fully
organized. The commanding officer of the said Battalion shall have
power to appoint a staff, to be commissioned by the Commander-in-
Chief, to consist of one aide, one ordnance officer, one paymaster, who
shall be mustering officer, one surgeon, each with the rank of lieuten-
a. 1896, p. ant, junior grade. There [may] also be attached to the staff of the
8a commanding officer the following warrant and petty officers : One
a 1896 p master-at-arms [one electrician, one chief gunner's mate, one chief
86- quartermaster, four quartermasters, and eight signalmen], two yeo-
a, 1896 p me:n> one hospital steward, and one chief boatswain's mate. [Also,
,86- when there is a ship on station, there shall be attached to the ship an
engineer's division, which shall be appointed by the commanding
officer of the battalion and commissioned by the Commander-in-Chief,
to consist of one chief engineer of the rank of lieutenant, junior
grade, two assistant engineers of the rank of ensign, and five machin-
ists, four oilers and four water-tenders, without rank.]
a. 1896, p. § 6142 (1244). Company officers. — Each [divison] of naval [ ]
A.8i896, p. artillery and the Naval [ ] Torpedo [division] shall be com-
86- manded by a lieutenant, and shall contain one lieutenant, junior
grade, two ensigns, and not less than thirty-two nor more than sixty
a. 1896 p. warrant and petty officers and seamen as enlistmen. The Naval [
a 8<?"Qn* Torpedo division shall consist of [not more than] three crews, each
A. 1896, p. - , . , , . —
86. of which shall contain at least sixteen petty officers and seamen. The
first crew shall be commanded by the lieutenant, junior grade, the
second and third crews by the two ensigns. Each torpedo crew shall
contain at least two men with practical knowledge of electricity, and
two others with a practical knowledge of steam engineering.
§ 6143 (1246). Duties of officers and men. — The officers and
enlisted men of the aforesaid Naval Battalion, or any part thereof,
shall perform such duty or service as may be ordered by the Com-
mander-in-Chief, and shall be paid the same compensation as is al-
lowed officers and enlisted men having the relative rank or position
a. 1896, p. in the [United States Navy] for performing similar duty or service,
but they shall not receive any compensation from the State for duty
performed by way of instruction or drill, or otherwise, for which they
shall receive compensation from the United States. The* uniform
of the Naval Battalion and the insignia and designation of grade and
rank shall be prescribed by the Commander-in-Chief, who may change
and modify the same from time to time.
§ 6144 (1249). Companies and battalions to correspond to same
in Georgia Volunteers. — The Naval Battalion shall be considered to
correspond to a battalion in the Georgia Volunteers, and shall be
entitled to all the privileges and allowances of such battalion. Each
A,86896' p" [division] of said Navy Battalion shall be considered as the equiva-
lent of a company of the Georgia Volunteers, and shall be entitled to
37 PART L, TITLE VI. §§6145-6146^
Political and civil code amendments.
the same privileges and allowanees. The members of the Naval Bat-
talion, and each [division] thereof, may form themselves into an or-
ganization, and adopt by-laws in the same manner, with the same
powers, and subject to the same limitations as are now prescribed for
members of companies in the Georgia Volunteers.
§ 6145 (1354). Membership in county boards. — The grand jury
of each county (except those counties which are under a local sys-
tem"! in this State, shall, from time to time, select from the citizens
of their respective counties five freeholders who shall constitute the
Countj' Board of Education. Said members shall be elected for the
term of four years, and shall hold their offices until their successors
shall be elected and qualified; provided, liowever, that no publisher
of school books, nor any agent for such publisher, nor any person who
shall be pecuniarily interested in the sale of school books, shall be
eligible for election as member of any Board of Education, or as
County School Commissioner of any county in this State ; {^provided a. law, p.
further, that whenever there is in a portion of any county a local
school system having a Board of Education of its own, and receiving
its pro rata of the public school fund directly from the State School
Commissioner, and having no dealings whatever with the County
Board of Education, then the members of the County Board of Edu-
cation of such county shall be selected from that portion of the county
not embraced within the territory covered by such local system.]
Elections are for fixed terms, and members are paid for their services out of
the school fund. Coleman v. Glenn, 103 Ga., 459.
§ ,6146 (1419). Treasurer s bond. — The treasurer must give bond
and securitv in the sum of Ffortv] thousand dollars. a. 1900, p.
§ 6146& (1642). Disabled soldiers to peddle without license. —
Any disabled or indigent Confederate soldier or soldiers of the Sem-
inole, Creek, or Cherokee Indian War or Mexican War, who are resi-
dents of this State, may peddle [or conduct business in any town, A 1897j
city], county, or counties thereof without paying license for the 24-
privilege of so doing, and a certificate from the ordinary of any
county stating the fact of his being such disabled or indigent Con-
federate soldier or soldiers of the Seminole, Creek, or Cherokee In-
dian War or Mexican War, who are residents of this State, shall be
sufficient proof; provided, that this [section shall not authorize
peddling [or dealing in] ardent and intoxicating drinks ; [or run- Ai 1897) p^
ning a billiard, pool, or other table of like character, or dealing in 24,
futures, or peddling stoves or clocks, or carrying on the business
of a pawnbroker or auctioneer, or dealing in lightning rods] ; and
provided further, that the privilege hereby granted shall not be trans-
ferred to or used by any other person.
Certificate from ordinary is prima facie evidence of being- a disabled soldier-
Holliman v. Mayor, 109 Ga., 107 (3).
Holder of such certificate may conduct what lines of business thereunder.
Hartfield v. City of Columbus, 109 Ga., 112.
§§6147-6149 PART L, TITLE VI. 38
Political and civil code amendments.
38.
85.
§ 6147 (1643). What other Confederate soldiers may peddle with-
out license. — All Confederate soldiers who are over the age of fifty
yeare, and who have resided in this State for three years next preced-
ing the filing of their applications, as hereinafter provided, are au-
thorized to conduct the business of traveling life insurance agents or
a. 1897, p. solicitors [and fire insurance agents or solicitors], and peddle in the
State without first obtaining a license therefor from the State or any
county or municipality thereof, and without being subject to any tax
therefor.
A- 1886, p. § 6148 (1653). Licensing of pilots. — The commissioners of pilot-
age at each of the ports of this State are empowered to license such
persons (being citizens of the United States) of good character as
they shall think most fit to act as pilots, for the purpose of conducting
vessels inward to and outward from the several ports and rivers for
which they shall be licensed during their good behavior. Pilots
already licensed for any said ports or rivers shall continue to act
until removed for cause.
a. 1886, p. § 6149 (1653). Number allowed. — No additions shall be made to
the present number of licensed pilots until the number shall not ex-
ceed twenty (20) for the port of Savannah, ten (10) for the ports of
Doboy and Darien, fifteen (15) for the port of Brunswick, four (4)
A.JL896, p. for the Great Satilla river [and four (4) for the port of St. Mary's],
and thereafter, when vacancies occur in the number of pilots on any
one of the before named ports or rivers, the commissioners of that port
may, in their discretion, grant licenses as pilots as hereinbefore pro-
vided, until the number of pilots reaches the number allowed by this
Act for that port or river. This Act shall not prevent the commission-
ers of any one of the before named ports from, in their discretion,
granting licenses to such apprentices as were apprentices at the date
of the passage of this Act, when any one of such apprentices has ful-
filled the requirements of the laws of the State of Georgia and the
rules and regulations established by the commissioners of the said
port. ~No person, other than a duly licensed pilot, shall be entitled to
receive any fee, gratuity, or reward for conducting or piloting any
vessel inward to or outward from any of the ports, rivers, or harbors
for which a pilot shall be licensed. If any person, having no author-
ity or license to act as pilot, or who having had any authority, has had
it suspended or revoked by the commissioners, shall, while his license
is suspended, pilot or conduct any vessel inwards to or outwards from
any of the ports, rivers, or harbors of this State, or if any person
interferes with or disturbs a licensed pilot in the way of his duty,
such person may, on conviction, be fined and imprisoned at the
discretion of any court having jurisdiction ; but any person may
assist a vessel in distress without any pilot on board if such person
shall deliver up the vessel to the first pilot who comes on board and
offers to conduct it, but the vessel must fly the signal for a pilot until
one has been received or his services tendered.
39 PART L, TITLE VI. §§6150-6152
Political and civil code amendments.
§ 6150 (1700). Natural teds. — The natural oyster-beds of this
State shall forever remain the property of this State, open to all her
citizens for the procuring of oysters for consumption, sale, seed, or
propagating ; and for the better securing of this purpose, the charts
made and published in consequence of a resolution passed by the
Legislature of this State, by the United States geodetic Survey,
known as "Bulletin 'No. 19," shall be f ] evidence of the location a. i898,P.
• 47
of such natural oyster-beds and of vacant ground; provided, that
wherever beds shown by said "Bulletin No. 19" to be natural oyster-
beds shall, as a matter of fact, not extend below low-water mark, then
the territory below low-water mark shall, nevertheless, be open to
lease. Except as herein stated, it shall not be lawful for the county
commissioners or ordinary to grant leases to any grounds shown on
said "'Bulletin No. 19" to contain a natural bed, and it shall be lawful
for them to grant leases on any or all territory indicated on said
"Bulletin No. 19," as vacant.
Lessee may legally sublet. Jones v. Oemler, 110 Ga., 202 (3).
§ 6151 (1721). Clerical work. — The State Geologist shall keep his a. 1897, p.
office in a room to be set aside for that purpose by the Governor.
[The balance of this section repealed by act 1897, p. 115.]
§ 6152 (1775). Impounded animals, how disposed of; damages,
how assessed. — In case any of the said animals shall be impounded
under the provisions of section 1774, it shall be the duty of the
party so impounding them to give them all necessary care, feed,
and attention, for which he shall have such compensation as is allowed
sheriffs for like care, feed, and attention to stock. And it shall also
be his duty to give the owner, if known, notice of the fact of such
impounding in twenty-four hours, and if not known or ascertained
within three days from the taking up and impounding, such animals
shall be disposed of as provided by law in cases of estrays ; except that
in case any such animal or animals shall be sold under the provisions
of law, the proceeds of such sales, after the payment of legal costs,
including advertising, shall be applied first to the payment of the
damages sustained by the aggrieved party, including compensation
for the care, feed, and attention. In case of disagreement between
taker-up or party claimed to be damaged, and the owner of such
animal or animals, as to the amount of damages sustained on account
of the alleged trespass of such animal or animals, or for the expenses
for care, feed, and attention, the aggrieved party may make com-
plaint to the justice of the peace of the district, and if no justice in
such district, then to the most convenient justice in any other dis-
trict, setting forth the amount claimed. Whereupon such justice shall
issue a summons as in other suits, returnable five days from the date
thereof, requiring the owner or claimant of such stock to appear at
a time and a place therein named, and which shall be served as other
summons, at least three days before the time of hearing, when said
§6153 PART I., TITLE VI. 40
Political and civil code amendments.
justice shall proceed to hear evidence and give judgment against
such owner or claimant for such damages as shall appear reasonable
and just, including the expenses of care and feeding of such stock,
and all legal costs, which shall be enforced by execution, levy and
sale, as other judgments of such justice ; provided, nevertheless, that
a special lien upon the trespassing animal or animals for the pay-
ment of such judgment shall attach from the time of committing of
such trespass, superior to all liens or previous claims, except public
dues, and superior also to all exemptions under the homestead and
exemption laws ; but the defendant in such case against whom a judg-
ment for damages has been rendered may appeal to a jury, as other
a. i90o, p. appeals are allowed in justices' courts ; [and provided further, that
4d- in case of any litigation, as contemplated by this section, it shall be
lawful for the owner of such animals to redeem or replevy the same
by giving to the complaining party a bond, with good and sufficient
security, conditioned to pay all damages and costs which may be
finally recovered against him in such suit, said bond to be approved
by the justice of the peace issuing the summons.]
§ 6153 (1778). Election in militia districts. — The provisions of
sections 1772, 1773, 1774, 1775, and 1776 shall become operative
in any militia district of this State, upon the following terms and
conditions: Whenever so many as fifteen freeholders, or a majority
of freeholders in any militia district of this State, shall petition the
ordinary of any county in which said district is located, for the benefit
of the provisions of said sections, said ordinary shall give notice of
said petition by advertising the same in the public gazette, if there
be one published in said county, and by public notices at all election
precincts and public places in said district, which said notices shall
be published for twenty days ; and said ordinary shall at once proceed
to have an election held in said militia district at as earlv a day as
practicable, to be designated by him, after said notices have been
given, in which the question shall be submitted to the lawful voters
of said district in the following form, to wit, "For fence" or "Stock
law ;" said election to be held at the places and under the same rules
and regulations as are provided for members of the General Assembly,
and after fifteen days notice at the most public places in said dis-
trict ; at which election all persons who are qualified to vote, for mem-
bers of the General Assembly, and who have been bona fide residents
of said district for ninety days immediately preceding said
election, shall be qualified to vote. The returns of said elections shall
be made to the ordinary of said county, who, after examining the
same and deciding upon all questions which may arise out of said
election, shall proclaim the result by notice, as aforesaid. If the
lawful majority in said elections is for stock law, then the provisions
of said sections shall take effect in such militia district within six
months thereafter ; provided, that said last election shall not be held
A298"'P" oftcner than one time in every year; [and provided further, that
41 PART L, TITLE VI. §§6154, 6156
Political and civil code amendments.
within six months after such election, a lawful fence, with proper
gates be erected around parts of such district as touch non-stock law
or fence law districts or counties, as is provided for in section 1781
of the Code of 1895, and if within such time such fences and gates
shall not be so erected, then the provisions of said section shall not go
into effect.]
Contest before ordinary as the result of election, not authorized (§g 1777-1778).
Harris v. Perryman, 103 Ga., 816. Mandamus not lie. Id.
Constitutional. Sees. 1778-1781 not violative of Constitution (§ 5779). Puckett
v. Young-, 112 Ga., 578.
§ 6154 (1781). Militia districts, fences around. — Whenever any
militia district shall adopt the provisions of the stock law; it shall be
the duty of the ordinary (or such other tribunal as may have juris-
diction over county matters), as soon as practicable after said adop-
tion, to have good and substantial fences erected around the lines of
said district in order to prevent the incursion of stock from other
counties or districts, and for this purpose he is empowered to enter
upon the land of any person of said district or county, and have
fences constructed across any public or private road; provided, that
proper gates are established in such public or private roads ; [and a. 1899, p.
provided further, that in no event shall the provisions of the stock
law go into effect as the result of a militia district election hereafter
held, until and unless within six months after such election (if in
favor of "stock law"), such fence, with gates, as above provided, has
been erected around portions of such district as touch non-stock or
fence law districts or counties.]
§ 6155 (1810). Females. — Females are not entitled to the priv-
ilege of the elective franchise, nor can they hold any civil office, or
perform any civil functions, unless specially authorized by law, nor
are they required to discharge any military, jury, police, patrol, or
road duty; [provided, nothing contained herein shall prevent a A. 1806) p>
woman, a resident of the State four years, and who has attained the 40,
age of twenty-one years, from being eligible to the position or office of
State Librarian by appointment by the Governor, under the provis-
ions of force regulating appointment by the Governor.]
§ 6156 (1844). Change of name or place of business. — Any bank-
ing, railroad, insurance, express, telegraph, canal, or navigation com-
pany in this state, whether incorporated by special act of the General
Assembly, or by the Secretary of State under the general law, may
have its corporate name, or its principal office [or the face value of A 1897 p#
each share of its capital stock, or the number of its Board of Direc- 26-
tors] changed in the following manner, to wit : the company desiring
to have its name, or its principal office [or the face value of each share A 1897) p>
of its capital stock, or the number of its Board of Directors] changed, 27-
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
§§6157, 6158 PART L, TITLE VI. 42
27.
27.
Political and civil code amendments.
desires an amendment to its charter, changing its corporate name, or
its principal office, or the face value of each share of its capital stock,
a. 1897, p. or the number of its Board of Directors [any or all], as the case may
be, and paying to the Secretary of State a fee of $25, to be covered
by him into the Treasury of the State, and also file with such petition
a certified abstract from the minutes of the Board of Directors, show-
ing that the application for the proposed amendment has been au-
A.J897, p. thorized by [the vote of a majority in amount of the entire capital
stock at a meeting of the stockholders called for the purpose, by reso-
lution of the Board of Directors, notice of which meeting shall be
mailed to each stockholder, or, in case of death, to his legal represent-
atives or heirs at law, addressed to his last known residence, at least
ten days previous to the day of said meeting; provided, however, if
the petition is to change the principal office of any of such companies,
then the certified abstract from the minutes shall show that the
amendment was authorized by the unanimous vote of the stockholders
present at the meeting held for such purpose]. Affidavit made and
signed in due form of law by the president or secretary shall be
attached to said petition, showing that it has been published once a
week for four weeks in that newspaper in which is published the
sheriffs sales of the county in which the principal office of said cor-
poration is located.
Advertisement is to be in some newspaper selected by the sheriff of the county.
Coffee v. Rag-sdale, 112 Ga., 708.
§ 6157 (1866). Bonds of corporations to be certified and recorded.
— All public and private corporations in this State, who shall issue
or indorse any bonds for circulation, shall furnish to the Secretary
of State a certified statement showing the letter, date of issue, num-
ber of bonds, amount of issue, rate of interest, when and where pay-
able, and the date of the law, if any, authorizing snch issue. The
Secretary of State shall record the same in a book to be kept by him
a. 1900, p. for that purpose. [When snch bonds have been paid and canceled
the corporation issuing same may have an entry to that effect made
upon the record by the Secretary of State, upon exhibiting to that
official the bond properly canceled upon the face thereof, and paying
a fee of one dollar.]
§ 6158 (1916). Loans of more than ten per cent, to one person. —
No bank or corporation doing a banking business shall be allowed
to lgtan to any one person, unless such loan is amply secured by good
A. 1898i p> ] security, more than ten per cent, of its capital stock and
A.4i899, p. surplus. [The word surplus in this section shall be construed to
mean the net profits of such bank or corporation.]
§ 6159 (2035). Deposits by companies of other States. — All fire,
marine, and inland insurance companies chartered by other States
or foreign governments, shall be required to deposit with the Treas-
urer of this State, bonds of the United States or bonds of this State,
30.
43 PART L, TITLE VI. §§6159-6161
Political and civil code amendments.
which, according to the Acts and Resolutions of the General Assem-
bly, are vaild, and Avhich amount, according to their face value to
[ten] thousand dollars, which bonds shall be receipted for by the a. 1899, p.
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 provided,
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 hereinafter 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 the^ shall be re-
turned to the parties entitled to receive them, or disposed of as here-
inafter provided [and it shall be the duty of the Treasurer of this a. 1899, p.
State, upon demand therefor, to deliver to the depositors thereof, or to
the person lawfully authorized to receive the same, all bonds deposited
by it or him under laws heretofore existing, in excess of the sum of
ten thousand dollars.]
§ 6160 (2045). Calculation of reinsurance reserve. — For every
fire insurance company doing business in this State the insurance
commissioner shall calculate, or cause to be calculated, the reinsur-
ance reserve for unexpired fire risks, by taking fifty per cent, of the
premium received on all policies that are written for a period of one
year or less, and according to the ~New York percentage table for
calculating 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 reinsurance
reserve. Having charged against the company the reinsurance re-
serve, as above determined, for fire, marine, and inland insurance,
and adding thereto all other debts and claims against the company,
he shall, in case he finds the capital stock of the company impaired
more than twenty per cent, [suspend the license issued to said com- a. 1899, p.
pany, and require the company to cease to do new business within 45'
this State, and give notice to said company to make good its whole
capital stock within ninety (90) days, and if this is not done he
shall revoke the license of such company and debar the same from
doing business in this State].
Constitutional. Act embodied in Sees. 2045, 2049 and 5169 of the Civil Code is
constitutional, although said act did not embody the various sections of
the Code therein; and although such sections were not read three times
and on three separate days. Central Railway Co. v. State, 104 Ga., 843.
§ 6161 (2048). Proceedings when home companies are insolvent.
— Whenever the Insurance Commissioner shall have reason to believe,
from an examination into the affairs of a company, that any insur-
ance company of this State is insolvent or fradulently conducted,
or that its assets are not sufficient for carrying on business [as con- a. 1899, p.
templated by the laws of this State, he shall revoke the license of such
company and require said company to cease to do business in this
§6162 PART L, TITLE VI. U
Political and civil code amendments.
State, giving public notice of such revocation of authority. Any
insurance company which has been suspended, or which has had its
license revoked, may be reinstated upon showing that its condition
is such as to authorize it to do business in this State, and the Insur-
ance Commissioner may reinstate such company whenever it make
such showing.]
§ (>162 (2061). Sworn statement to he filed by assessment com-
panies, etc. — It shall not be lawful for any corporation or association,
organized under the laws of this or other States of the United States
for the purpose of furnishing life indemnity or insurance upon the
assessment plan by its agents, to do any business in this State until
such corporation or association shall deposit with the Insurance Com-
missioner 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 officer thereof, setting
forth the number and amount of certificates of membership or poli-
cies 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 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 mem-
ber or insured; 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 dutv 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 appli-
cation 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-
a.^ low, p. sioner shall revoke their authority to do business in this state; [pro-
vided, that all such corporations or associations, organized under the
laws of this or any other State or county shall deposit with the Treas-
urer of this State stock or bonds approved by that officer in an amount
of insurance which, under the rules and regulations of the company
making the deposit, it is authorized to write upon one life; provided,
nevertheless, such deposits shall not be less than five thousand dollars ;
and hereafter such corporation shall at the time of filing its annual
statement, deposit in like securities with said Treasurer of the sum
of one thousand dollars on each million dollars of insurance in force
47.
45 PART L, TITLE VI. §6162
, ^^.^^.^ , ^. g
Political and civil code amendments.
on the last clay of the last calendar year, as shown by its annual
statement, until the sum so deposited shall be equal to one hundred
thousand dollars; provided, however, that industrial associations or
assessment life insurance companies doing business upon the indus-
trial or weekly payment plan, and issuing no policy for an amount
greater than five hundred dollars, shall be required to deposit a sum
equal to one thousand dollars for each million dollars in force: and
thereafter such industrial associations or assessment life insurance
companies doing business upon the industrial or weekly payment-
plan, and issuing no policy for a greater amount than five hundred
dollars, shall be required to deposit a sum not less than one thousand
dollars on each million dollars of insurance in force on the last day
of the last calendar year, as shown by its annual statement, until the
sum so deposited shall be equal to one hundred thousand dollars.
The security so deposited shall be held in trust for the benefit and
protection of, and as security for, the policy holders of such corpora-
tion or association, their legal representatives and beneficiaries. That
corporations or associations organized under the laws of other states
or counties shall not be required to make such deposit; provided,
the corporation or association desiring to do business in this State
shall make it appear to the satisfaction of said Insurance Commis-
sioner that it has on deposit with the proper state official in the State
or county of its incorporation a like amount of securities as is re-
quired under the terms of this act, and which are held by said au-
thority in trust for the benefit and. protection of, and as security for,
the policy holders of such corporations or associations, their legal rep-
resentatives and beneficiaries. Said securities shall so remain on de-
posit until it has been .made to appear to the satisfaction of said Insur-
ance Commissioner of this State that all the debts and obligations of
said company or association due the citizens of this State have been
discharged, or, in case of nonresident companies, that, after making
deposit, a similar deposit has been made with the proper state officials
in the state or county of its corporation. Said securities shall be sub-
ject to the debts due policy holders and beneficiaries under the same
rules and regulations as govern the deposits required to be made by
fire insurance companies under the laws of this State, in so far as the
same may be applicable] to companies or associations now organized
under the assessment life insurance laws of this state, shall not be
required to make such deposits for and during the year 1901 ; but
said companies may make such deposit during said year, if they so
elect.
[]Note. — The words following the word "applicable" in the fifth
line last above seem to be an error in the statute.]
§6163 (2072-2084.) Insurance brokers.-— [Repealed.] a. i8W,p.
DO.
Tax, authority of municipal corporation to exact. Wilcox & Mclntyre v. City
of Atlanta, 103 Ga., 321.
§§6164-6166 PART L, TITLE VI. 46
Political and civil code amendments.
§6164 (2219). Railroads may cross each other, on terms. —
Sec. 1. Any railroad company heretofore or hereafter chartered by
a.^1899, p. the legislature of this State [and also, any person or persons or com-
pany owning or operating a public or private railroad in this State,
when necessary to reach minerals, timber, or other materials], shall
have the right to cross any other railroads heretofore 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 absolutely
secure.
Sec. 2. Any public or private railroads availing themselves of the
privileges of this Act, shall be subject to the same restrictions, liabil-
ities, and penalties, and governed by the same rules, as to crossings,
as now provided by law for chartered railroads ; provided, that where
any train or unchartered road crosses a chartered road in this state
may require said train or unchartered road to put in the necessary
and proper safety switches and signal service on both sides of said
chartered road.
Charter authorizing* construction " to " a given town, a company may construct
" into " that town, and if necessary to cross the line of another railroad
it may do so under \ 2167 (6). Waycross Air Line Railroad Co. v. Offer-
man and Western Railroad Co., 109 Ga., 830.
Private Railroad. Act of 1899 ineffectual to authorize condemnation for,
Garbutt Lumber Co. v. G. & A. Ry., Ill Ga., 714.
Street railroad, whose charter was granted by the Secretary of the State, is
"chartered by the Legislature," and has the right to cross any other
railroad. Southern Railroad Co. v. Atlanta Railway & Power Co., Ill
Ga., 679.
§6165 (2250). Overseer, when liable. — Upon failure of any
overseer or track mender to comply with the provisions of Section
2248, he shall be liable to pay the owners of said stock double the/
value of all stock killed on his particular section, and not reported
a. 1898, p. [ ] ; the same to be recovered in the same manner as now provided
a.4?898, p. by law for the collection of [other] claims in this State.
49.
Failure of overseer or track mender to file list of marks and brands. Church-
hill v. Georgia Railroad Co., 108 Ga., 266. The word " marks " includes
only such marks as are placed upon stock by artificial means. Id.
a. 1898, P. § 6166 (2253 to 2260). Notice to railroads of claims for killing
5a or damaging live stock.— Sections 2253, 2254, 2255, 2256, 2257,
2258, 2259, and 2260 of the Code of Georgia of 1895, as to notice to
railroad companies of claims for killing or damaging live-stock, or
other property, and the form of said notice, and the trial, judgment
and execution under said notice, the appeal from said judgment, the
levy, advertisement and sale under said execution, the disposition of
the proceeds of said sale, the tender of a reasonable amount for said
stock as damages, and the effect of a rejection thereof, and the right
47 PART I., TITLE VI. §§6167-6169
Political and civil code amendments.
of joint owners or agents to bring said suits, and thereby barring
future actions, are repealed.
Certiorari, whether lies or not, not determined. SavanDah Railway v. Fen-
nell, 100 Ga., 478.
§ 6167 (2324). Receivers, liability to employees. — The liability
of receivers, trustees, assignees, and other like officers operating rail-
roads in this State, or partially in this State, for injuries and dam-
ages to persons in their employ, caused by the negligence of co-em-
ployees [or for injuries or damages to personal property], shall be the a. 1896, p.
same as the liability now fixed by law governing the operation of rail-
road 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, or assignee, or other per-
sons in favor of such injured employees or plaintiff, superior to all
other liens against defendant under the laws of this state.
Employee could not recover on negligence of co-employee, prior to Act of 1895.
Barry v. McGhee, 100 Ga., 759.
§6168 (2334). lioads must be sued where action originates. — a. 1892, p.
All railroad companies shall be sued in the county in which the cause
of action originated, by any one whose person or property has been
injured by such railroad company, its officers, agents, or employees,
for the purpose of recovering damages for such injuries; and also on
all 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. [Whenever a railroad company incorpo- a. 1898, p.
rated under the laws of this State shall have, in violation of the pro- 50*
visions of paragraph four (4) of Section two (2) of article four (4)
of the Constitution of this State, acquired by purchase, lease or other-
wise the ownership or control of the line of railroad of a competing
railroad company in this state, the venue of a suit brought against said
first described railroad company for the purpose of setting aside and
having annulled such unlawful act of acquisition, shall be in any
county through which may run the line of railroad so unlawfully
acquired.]
Agent resident in county where cause of action originates fixes jurisdiction
there. Devereaux v. Atlanta Railway & Power Co., Ill Ga., 855. Where
he does not reside in that county, plaintiff may elect. Id.
Causes originating outside of limits of Georgia. Act does not apply to. South
Carolina & Georgia Railway v. Dietzen, 101 Ga., 731.
Constitutional. Act of 1892 is. Gilbert v. Georgia Railway, 104 Ga., 412.
Venue of torts to personal property. Southern Railway Co. v. Johnson, 96 Ga. ,
655. May be brought in Justice's Court, when. Id.
§ 0169 (2350) [6]. Superior courts may create what corporations.
— The powers conferred in this section shall extend to the amend-
ment; [ and renewal] of all charters contemplated in said section A# 1897 p>
[within the jurisdiction of said courts], whether the original charter 28-
6170-6172 PART L, TITLE VI. 48
Political and civil code amendments.
sought to be amended i or renewed] was originally granted by the
General Assembly of the State or by a superior court of this State.
A,28.897'p' §6170 (2350) [7]. [The renewal of charters by the superior
courts of this State under the powers conferred by this section, shall
be granted by the said superior, courts in advance of the expiration of
such charters, but to take effect from the date of such expiration,
upon the filing in the office of said superior court of a petition
signed with the corporate name of the company whose charter is
sought to be renewed, stating the name of the corporation, when in-
corporated, the date and manner of its original incorporation, and
all amendments thereto., that it desires a renewal of its charter as set
out in the original act of incorporation, and the amendments thereto,
together with any further amendments which may be desired in the
renewal of said charter; and shall file along with said petition a
certified abstract from the minutes of the corporation showing that
the application for renewal and amendment had been authorized
by proper corporate action, and shall in all other respects comply with
the requirements of this section, so far as the same applies to the
grant of incorporation for the company or association whose charter
is sought to be renewed] .
§ 6171 (2352). To revive the charters of such corporations. — In
all cases where the charter of a corporation created for library,
church, charitable, school or educational purposes may have hereto-
fore expired or may hereafter expire, such corporation may be re-
A29897' p' vive^ ^or the same purposes at any time within [ten] years after the
expiration of its charter by the superior court of the county in which
the former charter was granted. The application for revivor may be
made by the former corporations 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.
§ 6172 (2393). Deposits by such associations of this State doing
business out of this State. — Every building and loan association here-
tofore or hereafter incorporated under the laws of this State, which
a. 1896, p. does business [in or] 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 cred-
itors, 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 deposited with the said trust
company or State Depository, such company or State depository shall
certify to the Treasurer of this State that the said securities have been
and are deposited with it under this Act, and the same shall not be
49 PART L, TITLE VI. §6173
Political and civil code amendments.
surrendered to or returned to the said building and loan association
without the authority or sanction of the said Treasurer of this State ;
provided, that every such corporation heretofore or hereafter organ-
ized, whose mortgages or other securities so deposited do not amount
to twenty-five thousand dollars ($25,000), shall have fifteen months
after organization, as to those not yet organized, and as to those al-
ready organized, fifteen months within three months after the passage
of this Act, deposit with the said State Treasurer or trust company
such additional securities as with the securities so deposited shall
equal in value the sum of twenty-five thousand dollars ($25,000),
and every such corporation hereafter organized, 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 thousand dollars ($25,000). The securities men-
tioned 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 authority to issue the same, or first
mortgage on real estate, or other legal securities, aggregating in value
twenty -five thousand dollars ($25,000), and such securities may be
withdrawn from time to time, when mortgage securities of corre-
sponding value shall be deposited in lieu and place thereof, as pro-
vided in this Act, or when other securities of equal character and
value are substituted therefor; and^it shall be the duty of the Treas-
urer of this State 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 Act; provided, that any association which has
deposited all of its securities on hand at the time this Act takes effect
shall be required to make quarterly deposits only of securities taken
by it in the future — that is, at the e*nd of periods of three months
thereafter. Whenever any association incorporated under the laws
of this State is required by 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 securities with the properly authorized officer
of such other State, Territory 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 se-
curities so deposited in this State shall not thereby be reduced below
the sum of twenty-five thousand dollars ($25,000).
§ 6173 (2398). What "building and loan association' includes. —
The name building and loan association, as used in this Act, shall
include all corporations, societies, 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 cer-
4— Ga Code
§§6174-6175 PART L, TITLE VI. 50
Political and civil code amendments.
32.
tificates of stock which mature at a given time fixed in advance or
a. 1896, p. not [except those which restrict their business to the county of their
52' domicile], and not more than two other adjacent counties.
Definition of building- and loan association. Cook v. Equitable Building- and
Loan Association, 104 Ga., 822.
Taxation of building and loan association. Atlanta National Association v.
Stewart, 109 Ga., 101.
a. 1896, p. § 6174 (2405). Not to apply to associations ceasing to do inter-
state business. — [Repealed].
[Note. — The title of the act approved October 19, 1891, is
amended so that the said title, thus amended, shall read as follows :
"An Act to regulate the business of building and loan associations
heretofore or hereafter incorporated under the laws of this State
a. 1896, p. which do business [in or] outside of this state," etc.].
52, § 6174(a) (2723). What is a mortgage, etc. — A mortgage in this
State is only security for a debt, and passes no title. It may embrace
all property in possession, or to which the mortgagor has the right of
possession at the time, or may cover a stock of goods, or other things in
bulk, but changing in specifics, in which case the lien is lost on all
articles disposed of by the mortgagor up to the time of foreclosure,
a. 1899, p. and attaches to the purchases made to supply their place. [A mort-
gage given by a person or a corporation to a trustee or trustees, to
secure an issue of bonds, shall, when it is expressly so stipulated
therein, embrace and cover after-acquired property of such person
or corporation."]
§ 6175 (2753). Mortgages on personalty , how foreclosed. — Mort-
gages on personal property shall be foreclosed in the following man-
ner, to wit : Any person holding mortgage on personal property, and
wishing to foreclose the same, shall, either in person or by his agent
or attorney in fact or at law, go before some officer of this State who
is authorized by law to administer oaths, or a Commissioner for this
State residing in some other State, and make affidavit of the amount
of principal and interest due on such mortgage, which affidavit shall
be annexed to such mortgage, or to a copy thereof verified as correct
by the affidavit thereon of the owner or his agent or attorney, and
when such mortgage, or sworn copy with such affidavit annexed
thereto, shall be filed in the office of the clerk of the superior court
of the county wherein the mortgagor resides at the date of the fore-
closure, if a resident of this State, or where he resided at the date of
the mortgage, if not a resident of this State, it shall be the duty of
such clerk to issue an execution directed to all and singular the
sheriffs or their lawful deputies, and coroners of this State, command-
ing the sale of the mortgaged property to satisfy the principal and
interest, together with the costs of the proceedings to foreclose the
said mortgage.
"A mortgage in this State is only security for a debt, and passes
no title. It may embrace all property in possession; or to which the
mortgagor has the right of possession at the time, or may cover a
51 PART L, TITLE VI. §§6176, 6177
Political and civil code amendments.
stock of goods, or other things in bulk, but changing in specifics, in
which case the lien is lost on all articles disposed of by the mortgagor
up to the time of foreclosure, and attaches to the purchases made to
supply their place. [A mortgage given by a person or a corporation A. 1899i p.
to a trustee or trustees, to secure an issue of bonds, shall, when it is
expressly so stipulated therein, embrace and cover after-acquired
property of such person or corporation. ]"
Foreclosure of mortgage on personal property. De Vaughn v. Byrom, 110
Ga., 907.
§6176 (2801). Par. 2. — When work done or niaterial furnished
for the improvement of real estate is done or may be furnished upon
the employment of a contractor, or some other person than the owner,
then, and in that case, the lien given by this section shall attach upon
the real estate improved as against such true owner [for the amount A. isro, p.
of the work done, or material furnished, unless such true owner Se3e3,A 1897
shows that such lien has been waived in writing, or produces the p,3a
sworn statement of the contractor, or other person, at whose instance
the work was done or material was furnished, that the agreed price
or reasonable value thereof has been paid ; provided, that in no event
shall the aggregate amount of liens set up hereby exceed the contract
price of the improvements made.]
P.vr. 3. [Repealed. Acts 1897, p. 30.]
Par. 4. [Repealed. Acts 1897, p. 30.]
Burden of proof, plaintiff must show existence of lien and defendant's liabil-
ity. Wynn v. South River Brick Co., 99 Ga., 126.
Lien, sawmill proprietor has lien od contract for work done on material fur-
nished by others. Murphy v. McGough, 105 Ga., 817.
Materialman agreeing with contractor prior to 1897 for improvement of real
estate, but concluding contract after that Act, has lien. Allen v.
Schweigert, 110 Ga., 323.
Materialmen as well as mechanics have a special lien on real estate for repair-
ing and improving same. Cooper v. Jackson, 107 Ga., 256.
Materialmen suing, not essential that contractor and owner should be joined,
nor that declaration should allege notice. Wilder's Sons Company v.
Walker, 98 Ga., 508.
Mechanics and materialmen under construction company not acquire lien
against railroad company. Sparks v. Dunbar, 102 Ga., 129.
Notice of lien, when to be given. Sheehan v. South River Brick Co., Ill Ga., 447.
Owner of real estate, extent of liability for repairs or building thereon. Royal
v. McPhail, 97 Ga., 457.
Personal securitv, taking of, does not waive lien. Chicago Building Co. v.
Talbotton Co., 106 Ga., 84 (3).
Recorded, claim of lien must be, within three months; filing claim for record
not enough. Jones v. Kern, 101 Ga., 309.
Repeal or modification of Act does not effect lien which has become vested.
Waters v. Dixie Lumber Co., 106 Ga., 593.
Service of notice upon the owner's agent is not sufficient. Bullard v. Dudley
& Sons, 101 Ga., 299.
Sidewalk in public street, lien in favor of contractors for laying, not allowed.
Seeman v. Shultze, 100 Ga., 604. •
§ 6177 (2802). [Repealed. Acts 1897, p. 30.]
Contracts made before 1897, but performance completed after, lien preserved,
Allen v. Schweigert, 110 Ga., 323.
Action against owner and contractor sustained. Id.
Contractor need not be sued jointly with owner. Wilder's Sons Co. v. Walker,
98 Ga., 508.
§6178-6180 PART L, TITLE VI. 52
Political and civil code amendments.
Notice to owner need not be given before he settled with contractor Id.
Entire contract not to be held a divisible one, when. Hunnicut & Belling-
rath Co. v. Van Hoose, 111 Ga., 521.
Special payments to contractor not prevented by contract, Id.
Materialman's lien depends upon whether the work done amounts to a rebuild-
ing- or only to a repairing-. Willis, Cole & Cordy v. Boyd, 103 Ga., 130.
Repeal or modification of Act, not affect lien which has become a vested rig-ht,
under prior law. Waters v. Dixie Manufacturing- Co., 106 Ga., 593.
§ 6178 (2803). [Repealed. Acts 1897, p. 30.]
Act of 1891 not repealed by Act of 1893. Wilder's Sons' Co. v. Walker. 98 Ga., 508.
Agreement made before Act of 1897, but completion after, not defeat lien,
Allen v. fechweigert, 110 Ga., 323.
Contractor need not be sued jointly with owner. Wilder's Sons Co. v. Walker,
98 Ga., 508.
Entire contract not to be held divisible because of stipulations for suspending
work at certain stage. Hunnicutt & Belling-rath Co. v. Van Hoose, 111
Ga., 518, 521.
Joinder of contract and owner proper. Royal v. McPhail, 97 Ga., 457.
Notice of claim given before settlement, need not be alleged. Wilder's Sons
Co. v. Walker, 98 Ga., 508.
Owner not liable for more than twenty-five per cent, of contract price. Royal
v. McPhail 97 Ga., 457.
Petition when sufficient. Allen v. Schweigert, 110 Ga., 323.
Repeal or modification of Act not effect lien which has become a vested right.
Waters v. Dixie Manufacturing Co., 106 Ga., 593.
"Taken no pergonal security " an essential allegation. Royal v. McPhail, 97
Ga., 457.
§ 6179 (2835). Application for homestead, how approved, etc. —
If, at the time and place appointed for passing upon said application,
no objection shall be urged by any creditor of the applicant, the ordi-
nary shall indorse upon said schedule and upon said plat: "Approved
this the day of , 18 — ?" filling the blanks, and shall sign the
same officially, and hand the same to the Clerk of the Superior Court
of his county, and when land out of his county is exempted, the ordi-
nary shall transmit a certified copy of the homestead to the Clerk of
the Superior Court of each county in which exempted land is situated,
A.J898, p. [each of whom] shall record the same in a book to be kept for that
purpose in his office, which record, or a certified transcript of same,
shall be competent evidence in all the courts of this state.
§ 6180 (2867). Mode of obtaining exemption. — Every debtor seek-
ing the benefit of the preceding section, or if he refuses, his wife, or
any person acting as her next friend, shall make out a schedule of
the property claimed to be exempt, and return the same to the or-
dinary of the county, without making any application for homestead,
and it shall not be necessary to publish the same in a gazette. The
ordinary shall record the schedule in a book to be kept by him for
a. 1898. p. that purpose, [and when land out of his county is exempted, he shall
transmit the schedule to the ordinary of the county in which the land
is situated, for record in like manner, and he shall receive for each
schedule filed, approved and recorded] the sum of two dollars, and
for each and every plat returned by the county surveyor under the
following section, to be recorded by him in a book kept for that pur-
pose, the further sum of one dollar.
Description of land amplified by subsequent amendment. Redding v. Lennon
112 Ga., 492.
51.
52.
53 PART L, TITLE VI. §§6181-6183
Political and civil code amendments.
§ 6181 (3317). When more than one executor. — If several ex-
ecutors are named in the will, one or more qualifying shall be entitled
to execute all the trusts confided tc all, unless specially prohibited
by the will; if more than one qualifies, each is authorized to dis-
charge the usual functions of an executor, but all must join in ex-
ecuting special trusts [or in making contracts binding upon the estate A 1900
or in paying out funds belonging to the estate]. Each executor is 51-
responsible for his own acts only, unless by his own act or gross negli-
gence he has enabled or permitted his co-executor to waste the estate.
§ 6182 (3441). Notice and trial. — Fifteen days7 notice in writing
to the administrator or executor [and notice shall be given to the A. 1899, p.
heirs at law of said deceased by publication in the gazette publishing 32,
the legal advertisements of the county once a week for four weeks].
If no objection is filed, and the ordinary is satisfied of the truth of
the allegations in the petition, the order shall be granted. When
objections in writing are filed in the office of said ordinary^ it shall
be the duty of the ordinary to hear evidence as to the fact, whether
the conditions of said bond have been complied with by the pay-
ment of the purchase money or not, and to grant an order requiring
said titles to be made or not, as he may think the principles of justice
may require; and either party being dissatisfied with the decision,
may appeal to the superior court upon the same terms as appeals
are granted in other cases.
[Note. — The first sentence in the above section is incomplete, but
the section is printed just as the Act of 1899, p. 34, sets it out.
§ 6183 (3465). Years support to family. — Among the necessary
expenses of administration, and to be preferred before all other
debts, is the provision for the support of the family, to be ascer-
tained as follows : Upon the death of any person, testate or intestate,
leaving an estate solvent or insolvent, and leaving a widow, or a
widow and minor child or children, or minor child or children only,
it shall be the duty of the ordinary, on the application of the widow,
or the guardian of the child or children, or any other person in their
behalf, on notice to the representative of the estate (if there is ona,
and if none, without notice), to appoint five discreet appraisers;
and it shall be. the duty of such appraisers, or a majority of them,
to set apart and assign to such widow and children, or children only,
either in property or money, a sufficiency from the estate for their
support and maintenance for the space of twelve months from the
date of administration, in case there be administration on the estate,
to be estimated according to the circumstances and standing of the
family previous to the death of the testator or intestate, and keeping
in view also the solvency of the estate. If there be a widow, the
appraisers shall also set apart, for the use of herself and children,
a sufficient amount of the household furniture. The provision set
apart for the family shall in no event be less than the sum of one
hundred dollars, and if it shall appear upon a just appraisement of
§§ 618-i, 6185 PART L, TITLE VI. 54
Political and civil code amendments.
the estate that it does not exceed in value the sum of five hundred
dollars, it shall be the duty of the appraisers to set apart the whole
of said estate for the support and maintenance of such widow and
child or children, or if no surviving widow, to the lawful guardian
of the child or children^ for their benefit.
a. 1899, p. (a) [Whenever the head of the family shall die. owing his land-
lord for rent or for supplies for which the landlord has a special
lien on the crops made on the lands rented from them the year such
things are done or furnished, neither the widow, or widow and minor
children, or minor child or children only, of said deceased head of
family, shall be entitled to a year's support in the crops so planted
or grown said year, as against his said landlord, until the rent and
supplies so furnished by and owing to him are fully paid; provided,
however, that this Act shall not be construed to affect rights already
accrued at the time of its passage; provided, however, that the widow
shall be entitled to a year's support in such part of the crop as may
remain, after the landlord's lien for rent and supplies have been
paid.]
§ 6184 (3621). If attested out of this State.— To authorize the
reteord of a deed to realty or personalty, when executed out of this
State, the deed must be attested by or acknowledged before a com-
missioner of deeds for the State of Georgia, or a consul or vice-
consul of the United States (the certificate of these officers under
their seal being evidence of the fact), or by a judge of a court of
record in the state where executed, with a certificate of the clerk
under the seal of such court of the genuineness of the signature of
such judge, or by a clerk of a court of record under the seal of the
court, or by a notary public of the State and county where executed
a. 1900 p. Twith his seal of office attached, and if such notarv has no seal, then
his official character shall be certified by a clerk of any court of record
in the county of the residence of such notary. A deed to realty must
be attested by two witnesses, one of whom may be one of the officials
aforesaid].
§ 6185 (3667). Attorney s fees in notes, etc., void. — Obligations
to pay attorney's fees upon any note or other evidence of indebted-
ness, in addition to the rate of interest specified therein, are void,
and no court shall enforce such agreement to pay attorney's fees
a. i9oo, p. [unless the debtor shall fail to pay such debt on or before the return
day of the court to which suit is brought for the collection of the
same ; provided, the holder of the obligation sued upon, his agent or
attornev, notifies the defendant, in writing, ten davs before suit is
brought, of his intention to bring suit, and also the term of the court
to which suit will be brought] .
Amendment allowable claiming attorney's fees in addition to principal and
interest. Baxley Banking- Co. v. Carter. 112 Ga. , 531.
Contracts to pay fees are good, but not enforceable unless plea filed which is
not sustained. Fletcher v. Americus Trust & Banking Co.. Ill Ga.. 307.
Indorser filing defense not sustained liable for fees, though no defense made
by principal. Hall v. Pratt, 103 Ga.. 258.
52.
53.
55 PART L, TITLE VI. §6186-6190
Political and civil code amendments.
Note containing agreement to pay attorney's fees considered as embracing
provisions of this section. Id.
Jurisdiction not affected in suit on note stipulating for fees. Rimes v. Wil-
liams, 99 Ga., 281.
Jurisdiction. When attorney's fees aggregate more than one hundred dollars,
justice's court has no jurisdiction. Morgan v. Kiser & Company, 105 Ga.,
104 (2).
Negotiability of note made since Act of 1891, not destroyed because of agree-
ment in note to pay costs and fees. Jones v. Crawford, 107 Ga., 319 (2).
Notes executed before Act of 1891 and suit thereon, plaintiff entitled to reason-
able attorney's fees. Ray v. Pease, y7 Ga.. 618 (2).
One of the defendant's pleas being sustained, the plaintiff is not entitled to
recover attorney's fees, although the jury found in his favor on the issue
made by the other pleas. Jones v. Harrell, 110 Ga., 381 (6).
Some of the items charged being found by the jury for the defendant, the
plaintiff is not entitled to judgment for fees. Goodrich v. The Atlanta
National Building and Loan Association, 9G Ga. , 803 (4).
§6186 (3950). Answer, how far evidence. — The answer of a de-
fendant, as to facts within his own knowledge, responsive to the dis-
covery sought, is evidence in his favor, and can be rebutted only by
two witnesses, or one witness and corroborating circumstances ; [pro- A- *898' p-
vided, discovery is expressly prayed for in the plaintiffs' petition].
§ 6187 (4082) [11]. To make a list of names of all persons liable
to tax on property or poll in their respective districts, and return the
same to the receiver of tax returns at his second round to receive tax
returns in their respective districts in each year, [and they shall re- A-3J899' p-
ceive as compensation for such service three cents for each name re-
turned, to be paid out of the county funds] .
§6188 (4118). Summons, how dated and served. — All summons
[ ] shall be served upon the defendant, either by giving him a a. taw, p.
copy of the same in person, or by leaving such copy at his usual and
most notorious place of abode, at least ten days before the trial.
§ 6189 (4193). Jurisdiction of County Courts. — Every County
Court in this State shall be a Court of Record, having jurisdiction
throughout the county as follows: The jurisdiction of the County
Courts shall extend into the county, town, district or districts, to all
civil cases of contract or tort (save where exclusive jurisdiction is
vested in the Superior Court) where the principal sum claimed in
cases of contract or damages in cases of tort does not exceed five hun-
dred dollars ; and over the remainder of the county, when the prin-
cipal sum aforesaid does not exceed five hundred dollars, nor is less
than fifty dollars; [provided, however, that as to suits for the re- a. 1900, p
covery of personalty, the said courts shall have jurisdiction over the 54'
whole of their respective counties without regard to the value of
the article or articles sued for, except that its value shall not exceed
five hundred dollars].
Jurisdiction as to torts by railroad company. Southern Railroad Co. v.
Wells, 103 Ga.. 211.
Trust estates, jurisdiction as to suits against, Sanders v. Houston Guano Co.,
107 Ga., 60.
§ 6190 (4205). Executions, when and how issued. — So soon as
judgment is entered, said county judge is compelled to issue an exe-
§6191-6193 PAKT L, TITLE VI. 56
Political and civil code amendments.
cution upon such judgment, unless an appeal is taken, or a certiorari
sued out, as herein provided; which execution shall be in the usual
a. 1899, p. form issued by [clerks of the superior courts, and shall be directed
to all and singular the sheriffs of this State and their lawful deputies
and county court bailiffs].
Lien of judgment relatively to purchaser from defendant pending bill; not ef-
fected by failure to have/i. fa. issued and eutered ten days from date of
judgment. Crosby v. King Hardware Co., 109 Ga., 4f>2.
§ 6191 (4346). Terms adjourned five days before next term. —
The judges of the superior and city courts in this State shall adjourn
the regular and adjourned terms of said courts at least five days be-
fore the commencement of the next regular terms of said courts;
a. 1896, p. [provided, that this Act shall not apply to any city court now or here-
after organized under a special Act of the Legislature, and having as
many as six terms per year].
§ 6192 (4465). Appeals in forma pauperis. — When any party,
a. 1900, p. plaintiff or defendant, in any suit at law [or proceeding in the court
™" of ordinary], shall be unable to pay cost and give security as here-
inbefore required, if such party will make and file an affidavit in
writing that he is advised and believes that he has good cause of ap-
a. 1897, p. peal, and that owing to his poverty he is unable to pay the cost [or]
give the security required by law in cases of appeal, such party shall
be permitted to enter an appeal without the payment of costs or giv
A32897, p" inS security [as the case may be] as hereinbefore required ; [pro-
a. 1900, p. vided_, that this Act shall not apply to proceedings now pending in the
Court of Ordinary, or in the Superior Court on the appeal from the
Court of Ordinary.]
Affidavit by appellant stating that he was unable to give security, or to pay
the cost, is bad, but amendable. Cheshire v. Williams, 101 Ga.. 816.
Amendment not allowed to insufficient affidavit, when. Truitt v. Shumate, 107
Ga., 235.
Cost affidavit insufficient before Act of 1897, if it did not state inability to pay.
Josey v. Shehan, 106 Ga. , 204.
§ 6193 (4517). Sufficiency of bond, how contested. — When any
attachment shall be issued and levied upon the property of the de-
fendant, the defendant, his agent or attorney, may file his affidavit
that he has a good defense to the action, and that the bond given in
such attachment is not a good bond, and the ground of its insuffi-
ciency ; and when such affidavit is made and delivered to such levying
officer, such officer shall return such attachment, together with the
affidavit, forthwith to the officer issuing same, and the officer issuing
the attachment shall without delav hear testimonv as to the sufficiencv
of said bond, and may in his discretion require additional security
or a new bond to be given within the time prescribed by the officer,
and in default hereof the levying officer shall dismiss the lew made
under such attachment; provided, however, that in all cases where
an attachment shall be issued for an amount greater than one-half
the amount of the penal sum named in the bond, and shall be levied
on the property of the defendant, the defendant by himself, his agent
57 PART L, TITLE VI. §6194-6196
Political and civil code amendments.
or attorney, may file his affidavit that he has good defense to the
action, and the bond given in such attachment is not sufficient in
amount, or is not a good bond, and the ground of its insufficiency;
and when such affidavit is made and delivered to the levying officer,
he shall return such attachment, together with the affidavit, to the
judge of the superior court of the county in which attachment issued,
who shall, as soon as practicable, and on such notice to the plaintiff,
his agent or attorney, as he may prescribe, hear testimony as to the
amount of the sufficiency of the bond, and in his discretion may re-
quire additional security or a new bond to be given within the time
prescribed by him, and in default thereof the levying officer shall
dismiss the levy made under such attachment; [provided, however, a. i899, p.
that in all cases where the levying officer has returned the affidavit 7"
into the court, where the same is returnable, the affidavit hereinbefore
referred to shall be, by the levying officer, returned into said court,
and the judge of said court, or the justice of the peace, if in a justice
court, shall, without delay, hear testimony as to the sufficiency of
said bond, and may, in his discretion, require additional security or
a new bond, to be given within such time as he may prescribe, and
in default of such additional security or new bond, the levying officer,
or the sheriff, or other officer of the court where said attachment
has been returned, and who may have taken charge of said levy under
said attachment, shall dismiss said levy, and return the property of
the party entitled thereto.]
§ 6194 (4641). Affidavit in lieu of bond. — If the party applying
for the writ of certiorari shall make and file with his petition an
affidavit, in writing, that he is advised and believes that he has good
cause for certioraring the proceeding to the Superior Court, and that
owing to his poverty he is unable to pay the cost or give security, as
the case may be, as required in § 4640, such affidavits shall in every
respect, answer instead of the certificate [or] bond above mentioned
[as the case may be]. A33897' p'
Bond approved by Superior Court judge but not judge of court from which the
case came, writ void. Hamilton &, Co. v. Phoenix Insurance Co., 107 Ga.,
728.
§ 6195 (4653). Certiorari when Justice dies. — In all cases now
pending, or which may be hereafter pending in the superior
courts of this State upon certiorari from any justice's court [or or- a. 1899, p.
dinary's court] and the justice or justices or ordinary before whom 38'
the case was tried may have died before answering the writ of cer-
tiorari served, then it shall be the duty of the judge [who granted a. 1899, p.
the writ of certiorari] forthwith [whether in term time or vacation]
to order a new trial to be had upon the case in the court below.
§ 6196 (4685). To what condemnations applicable. — The method
of condemnation of property and assessment of damages hereinbefore
provided shall apply to condemnation by cities, counties, railroads,
telegraph, canal, mining, and waterworks companies, drainage by
§6197 PART L, TITLE VI. 58
Political and civil code amendments.
counties, tramroads, lighthouses and beacon constructions, and to all
persons or corporations having the privilege of exercising the right of
a. 1897, p. eminent domain; [ [provided, however, that when a telegraph
A^898 company undertakes to condemn so much of the right of way of a rail-
w- road company as may be necessary for its use for the purpose of con-
structing, maintaining and operating its telegraph lines along and
upon such right of way, the notice provided for in section 4669 of said
Code shall be directed to said railroad company, and shall set out
the manner in which the telegraph company proposes to construct its
lines on said right of way of said railroad company: fix the time
when the hearing shall be had ; give the name of the assessor selected
by said telegraph company, and request the railroad company to
select an assessor, which said notice shall be served upon said rail-
road company as is provided for the service of. other suits upon rail-
road companies in this State ; there need be but one condemnation
proceeding against the same railroad company, which may be had in
any county where service can be made upon said company, as herein
provided ; but if the said railroad company has a main or principal
office located in this State, then said proceeding shall be had in the
county in which said main or principal office is located, and the
assessors shall make their findings for the damage, to which said
railroad company may be entitled by reason of the construction, main-
tenance and operation of the telegraph lines, in the manner set out
in said notice. The hearing may be had in the office of the ordinary
of the county in which said condemnation proceedings are had, or
at such place as these assessors may fix; and shall not be necessary
for said assessors to go upon or inspect the premises sought to be
condemned, but they shall make their findings upon the testimony
heard by them as to the damages that will be done said railroad com-
pany in the premises ; it shall not be necessary to serve such notice
upon any person or corporation other than the railroad company in
possession of and operating said railroad whose right of way is sought
to be condemned by the telegraph company for its use, and only the
interest of such railroad company so served^shall be affected by said
proceedings.]
Appeal, failure to provide for, not render condemnation unconstitutional.
Savannah Railway Co., v. Postal Telegraph Co., 112 Ga. , 942.
§ 6197 (4786). Proceedings to partition. — In all cases where two
or more persons are common owners of lands and tenements in this
State, whether by descent, purchase or otherwise, and no provision
is made, by will or otherwise, as to how such lands and tenements
are to be divided, any one of such common owners may apply to
the Superior Court of the county in which said lands and tenements
a.. 1900, p. are situated [at term time, or the Judges thereof at Chambers] for a
writ of partition, which application shall be by petition, setting forth
plainly and distinctly the facts and circumstances of the case, de-
59 PART L, TITLE VI. . §§6198, 6199
Polit cal and civil code amendments.
scribing the premises to be partitioned, and defining the share and
interest of each of the parties therein.
§ 0193 (4927). In application to enjoin cutting timber. — In all
applications to enjoin the cutting of timber for sawmill purposes,
and railroad ties, and bridge timbers for railroad purposes, or to en-
join the cutting of timber or boxing, or otherwise working the same
for turpentine purposes, it shall not be necessary to aver or prove
insolvency, or that the damages will be irreparable ; provided, the
petitioner has perfect title to the land upon which the timber is situ-
ated [or who has perfect title to the timber upon any lands] , and a. 1899, p.
shall attach an abstract of his title, stating name of grantor and
grantee, date, consideration and description of property, names of
witnesses, when and where recorded, to his petition, and produce the
original titles before the judge ; and provided, that the judge grant-
ing said temporary restraining order shall require the petitioner to
give such bond as in his discretion he may deem proper, to be ap-
proved by the clerk of the superior court, to answer the damages, if
any, which may be sustained by the defendant, by reason of the
granting of said injunction, and if, in the final hearing of the cause,
damages against the petitioner are proven, judgment shall be entered
against the sureties on said bond as in appeal cases.
Abstract of title, attaching" of, waived under facts of this case. Grant of in-
junction not recognized. Baxter v. Maddox, 106 Ga., 348.
Abstract of title need not be attached, nor bond given, where the plaintiff al-
leges and proves the insolvency of the defendant. Smith v. Smith, 105
Ga.. p. 106.
Discretion in refusing injunction not abused under special facts here. Clyatt
v. Barbour, 111 Ga., 130; Camp v. Dixon, 111 Ga.. 674.
Equitable partition, where claim of " perfect title " depends upon allegations
of a holding under common joinder, not maintainable. Jenkins Bros,
v. Carmen, 112 Ga., 476.
Injunction to prevent cutting and removal of timber, granted when. Camp v.
Dixon, Mitchell & Co., 112 Ga.. 875.
" Perfect title," how shown. Aliunde evidence not allowed to explain appar-
ent defect in title, as shown by the papers. Camp v. Dixon, 111 Ga., p. 130.
" Perfect title" must be a duly executed paper title, the exhibition of which
shows both the "right of possession" and the "right of property."
Wilcox Lumber Co. v. Bulloch, 109 Ga., 532.
"Perfect title" must be a duly executed paper title, consisting entirely of
papers capable of being recorded. Dixon, Mitchell & Co. v. Monroe, 112
Ga., 158.
§ 6199 (5057). Verification of amended answer required. — The
defendant, after the time allowed for answer has expired, shall not
in any case by amendment set up any new facts or defense of which
notice was not given by the original plea or answer, unless at the time
of filing such amended plea or answer containing the new matter he
shall attach an affidavit that at the time of filing the original plea or
answer he did not [omit the new facts or defense set out in the A.J897, p.
amended plea or answer for the purpose of delay, and that the amend-
ment is not now offered for delay, or unless, in the discretion of the
court, the circumstances of the case or substantial justice between
35.
A. 1900, p.
57.
§§6200-6202 PART L, TITLE VI. 60
Political and civil code amendments.
the parties require that such amendment be allowed without attach-
ing such affidavit.]
Discretion of Court as to allowing amendment to answer without requiring"
affidavit. Marsh v. Hix, 110 Ga.. 888.
Jurisdiction of court as to allowing plea to be amended. Wynn t. Wynn. 109
Ga., 256.
§ 6200 (5269). ~\Yho are competent to testify. — Where any suit is
instituted or defended by a person insane at the time of trial, or
by an indorsee, assignee or transferee, or by the personal representa-
tive of a decreased person, the opposite party shall not be admitted
to testify in his own favor against the insane or deceased person as to
transactions or communications with such insane or deceased person
[whether such transactions or communications were had by such in-
sane oi deceased person with the party testifying, or with any other
person; provided, this act shall not affect pending litigation].
Capacity of dead grantor attacked, grantee competent to testify as to her
opinion of grantor's capacity. Cato v. Hunt 112 Ga. . 139.
Claimant is a competent witness to transactions between himself and the de-
fendant in execution, even though the latter be dead. Thompson v.
Cody. 100 Ga.. 776.
Contents of lost writing, how authenticated. Ray v. Camp, 110 Ga , 819.
Definition of suit defended by persons jointly interested within the meaning
of paragraph (d) of first section of Evidence Act of 1889. Neely v. Car-
ter, 96 Ga., 203.
Defendant incompetent to testify as to communications had with the deceased,
showing that he never took any of the guaranteed stock. Rogers v.
Chambers, 112 Ga.. 263.
Grantee in a deed competent to show what transpired between himself and de-
ceased grantor, and also condition of mind of grantor. Boynton v.
Reese, 112 Ga., 354; Harris v. Whitney. 112 Ga., 633.
Heir at law suing for cancellation, grantee competent to testify to communi-
cations, etc., with deceased grantor. Boynton v. Reese, 112 Ga. . 354 (3).
Legatees under a "will not incompetent to testify touching transactions had
with the deceased, when. Austin v. Collier. 112 Ga.. 249.
"Suit" defended by persons jointly interested. Neely v. Carter, 96 Ga., 197.
§ 6201 (5315). Commissioner in certain counties. — In all coun-
A._i898, p. ties of this State [ 1 either party litigant in any court of record
in any such county may, without any order or commission, take the
deposition of any witness or witnesses in said case, whether resident
in the county or not, upon giving the opposite party five days' notice
a.^1898, p. Q£ ^e time and place, with the names of the witnesses; [provided
further, that commissioner before whom the evidence under this sec-
tion is to be taken, shall have power, on notice being given to the
opposite party or his attorney, or on subpoena duces tecum being
served five days jDrevious to the hearing, to require any witness or
party to produce at the hearing, books, writings, and other documents
in his possession, power, custody, or control. That any witness or
party refusing to produce, appear, or answer without legal excuse,
shall be guilty of contempt, and upon certification of said act by the
commissioner to the judge in whose court the case is pending, the
judge shall punish the same as though committed before him].
§ 6202 (5316). Depositions, by whom taken. — Such depositions
to be taken before any commissioner appointed by the Judge of the
61 FART L, TITLE VI. §§6203-6207
Political and civil code amendments.
Superior Court of said county for the purpose of taking such depo-
sitions, and the appointment entered on the minutes [or in case of a. i898, p.
failure to appoint, or there is a vacancy in the office of commissioner,
the Clerk of the Superior Court is hereby authorized as an ex officio
commissioner to take such depositions. All witnesses to be examined
in the county of their residence, and before the commissioner or
ex officio commissioner of such county].
§ 6203 (5401). Fees of sheriff. — For making out and executing
titles to land, $3.50 [and the amount paid for United States internal a. 1898, p.
revenue stamps required by law to be affixed to such deed. If pre-
sented by purchaser, $1.00, and the amount paid for United States
internal revenue stamps required by law to be affixed to such deed].
Sheriff entitled to five dollars (85.00) a day attendance fees for twenty days, if
court sits that long-. Floyd County v. Foster, 112 Ga., 132.
Deputies also attending, have no such rig-lit. Floyd County v. Foster, 112 Ga. ,
133.
§ 6204 (5462). Officer to make contracts. — If the ordinary,
sheriff, or other officer is unable to procure the advertisements at the
rate herein prescribed, in [a] newspaper published in the county A> 1899) p>
[at the county site of said county], then he is authorized to have said 40
advertisements published in any newspaper in this state having the
largest general circulation in the county; provided, said rates are
agreed upon; provided further, if contracts cannot be made with
newspapers at the rates aforesaid, then the sheriff and ordinary, or
other advertising officers, shall post their advertisements in the court-
house and in a public place in each militia district in the county for
the length of time required by law for advertising in newspapers;
provided, there is no newspaper published at the county site, then any
paper published in the county shall be next entitled to the public
advertisements.
§ 6205 (5510) [9]. His duties. — To administer oaths and affi- a. iwo, p. •
davits in all cases, to take acknowledgments, and to attest deeds,
mortgages, and other written instruments of like character.
§ 6206 (5541). Exceptions pendente lite. — Exceptions tendered
before the final judgment, for the mere purpose of being made a part
of the record, shall be certified to be true by the judge, and ordered
to be placed on the record. Such exceptions must be tendered dur-
ing the term. [But, if the court shall adjourn within less than thirty A. 1898, p.
days from the date of the ruling complained of, such bills of excep- 59'
tions pendente lite, must be tendered within sixty days from the date
of the order, decision or ruling complained of].
§ 6207 (5614). Rule 15. — Whenever a cost execution is paid by
an attorney for a plaintiff in error, the same may, upon his request,
be transferred and assigned to him by an appropriate indorsement
thereon signed by the clerk. (As amended, February, 1900.) [ See
108 Ga., vi.? and 102 Ga., 400.]
Cost, payment of prerequisite to having- case heard: exception. Segman v.
Austin, 112 Ga., 575.
"Pauper oath," reckless making- of, condemned. Walker v. Bryant, 112 Ga., 414.
6208-6210 PART L, TITLE VI. 62
Political and civil code amendments.
^ ■
§6208 (561.9). Rule 22. Criminal cases. — Criminal cases filed
during vacation, or after the docket of a term, has been closed. will,
without notice to counsel, be in order for a hearing on the third
Monday of the next ensuing term. It shall be the duty of the clerk
to mail to counsel for the plaintiff in error, in each criminal case not
provided for as above, and to the solicitor-general or city court solici-
tor concerned (and, in capital cases, also to the attorney-general),
a written or printed notice stating when said case will be heard. If
eight or more days, including Sundays, will elapse between the mail-
ins; of the notice and the third Mondav of the month in which it is
C5 'J
mailed, that Monday shall be named as the day for the hearing. If
less than eight days will so elapse, the third Monday in the next
month shall be named ; provided, that if any day to be designated in
compliance with the foregoing directions would arrive after the
adjournment of a term, the clerk shall name in its stead the third
Monday of the next term. Argument will not, at the instance of
counsel, be postponed in any criminal case except for providential
cause ; but the court may, on its own motion, order such postpone-
ment during a term as the exigencies of its business may require.
Unless otherwise specially ordered, the criminal docket for each
October term will stand closed on the last Saturday but one before
the third Monday in the month of February following the beginning
of such term. The criminal docket of each March term will be closed
by special order. (As amended, February, 1900.)
§ 6209 (5626a). Rule 32. Changes, how and when made. — At
the beginning of every October term, the personnel of the two di-
visions of this court shall, under the direction of the Chief Justice, be
changed by transferring one or more of the Associate Justices, from
each divsion to the other. The Chief Justice may, at any other time,
order a change in the personnel of the two divisions, either temporary
or to continue till the beginning of the next ensuing October term,
as may be deemed expedient. Whenever at any time an Associate
Justice is succeeded in office by another person, the latter shall be
assigned to the division in which the former was then serving. (As
amended, February, 1900.)
§6210 (5628). Rule 35. Remittitur — rehearing. — The remit-
titur from this court shall contain the judgment of the court. It
shall be duly certified by the clerk, and, -unless otherwise ordered,
shall be transmitted to the clerk of the trial court as soon as practi-
cable after the expiration of ten days from this court's approval of
the minutes containing the judgment. No motion for a rehearing
will be considered by this court unless the same is filed in the office
of the clerjc thereof during the term at which the judgment sought
to be reviewed was rendered, and before the remittitur in the case
to which said motion relates has been forwarded to the clerk of the
trial court. The certificate to every remittitur shall state the amount
of costs taxed in the case and by whom paid. (As amended, February
and March, 1900.)
63 PART L, TITLE VII. §§6210^-6212
Constitution amendments.
TITLE VII.
CONSTITUTION AMENDMENTS.
§ 0210a (5882). Pension for Confederate soldiers. — To supply
the soldiers who lost a limb or limbs in the military service of the
Confederate States, with substantial artificial limbs, during life ; and
make suitable provisions for such Confederate soldiers as may have
been otherwise disabled or permanently injured in such service [or a. isw, p.
who may, by reason of age and poverty, or infirmity and poverty, or
blindness and poverty, are unable to provide a living for themselves] ,
and for the widows of such Confederate soldiers as may have died in
the service of the Confederate States, or since, from wounds received
therein, or disease contracted in the service, or who, by reason of age
and poverty, or infirmity and poverty, or blindness and poverty, are
unable to provide a living for themselves; provided, that the Act
shall only apply to such widows as were married at the time of such
service, and have remained unmarried since the death of such soldier
husband.
If this amendment shall be agreed to by two-thirds of the members
of the General Assembly of each House, the same shall be entered on
their journals with the yeas and nays taken thereon, and the Governor
shall cause the amendment to be published in one or more of the
newspapers in each congressional district for two months immediately
preceding the next general election, and the same shall be submitted
to the people at the next general election, and the voters thereat shall
have written or printed on their tickets, "For Ratification of section
1, article 7, paragraph 1 of the Constitution of this State/' or
"Against Ratification of section 1, article 7, paragraph 1 of the Con-
stitution of this State," as they may choose ; and if a majority of the
electors qualified to vote for members of the next General Assembly,
voting, shall vote in favor of ratification, then said amendment shall
become a part of said article 7, section 1, paragraph 1 of the Consti-
tion of this State, and the Governor shall make proclamation thereof.
§ 6211 (5588) (217). Decision of Supreme Court, how reversed.
— [A decision rendered by the Supreme Court prior to the first day of a. i896, p.
January, 1897, and concurred in by three judges or justices], cannot 42,
be reversed or materially changed, except by the concurrence of at
least five justices, and then after argument had, in which the de-
cision, by permission of the Court, is expressly questioned and re-
viewed ; and after such argument, the Court in its decision shall state
distinctly whether it affirms, reverses, or changes such decision.
[Unanimous decisions hereafter rendered by a full bench of six a. isoe, p.
justices shall not be overruled or materially modified, except in the
manner pointed out in this section, and then only with the concur-
rence of six justices.]
§ 6212 (5840). Sec. 1. Election of judges and solicitors by the a. 1897, p.
people; term of office. — The successors to the present and subse- 16'
6212 PART L, TITLE VII. 64
Constitution amendments.
quent incumbents shall be elected by the electors entitled to vote
for members of the General Assembly of the whole State, at the gen-
eral election held for such members, next preceding the expiration of
their respective terms ; provided, that the successors for all incum-
bents whose terms expire on or before the first day of January, 1899,
shall be elected by the General Assembly at its session for 1898, for
the full term of four vears.
Sec. 2. Terms and vacancies. — The terms of the judges to be
elected under the Constitution (except to fill vacancies") shall begin on
the first day of January after their election. Every vacancy occa-
sioned by death, resignation or other causes shall be filled by appoint-
ments of the Governor until the first day of January after the
general election held next after the expiration of thirty days from
the time such vacancy occurs, at which election a successor for the
unexpired term shall be elected.
Sec. 3. Solicitors-General , election, term and vacancies. — There
shall be a Solicitor-General for each judicial circuit, whose official
term (except to fill a vacancy) shall be four years. The successors of
present and subsequent incumbents shall be elected by the electors of
the whole State qualified to vote for members of the General Assem-
bly, at the general election held next preceding the expiration of their
respective terms. Every vacancy occasioned by death, resignation or
othe^* cause, shall be filled by appointment of the Governor until the
first day of January after the general election held next after the
expiration of thirty days from the time such vacancy occurs, at which
election a successor for the unexpired term shall be elected; 'pro-
vided, that the successors for all incumbents whose terms expire on
or before the first day of January, 1899, shall be elected by the Gen-
eral Assembly at its session for 1898, for the full term of four years.
Sec. 4. Publication of amendments proposed in Sections 1, 2 and,
3 above. — Whenever the above proposed amendments to the Consti-
tution shall be agreed to by two-thirds of the members elected to
each of the two houses of the General Assembly, the Governor shall,
and he is hereby authorized and instructed to cause said amendments
to be published in at least two newspapers in each Congressional dis-
trict in this State for the period of two months next preceding the time
for holding the next general election.
Sec. 5. Submission to the people. — The above proposed amend-
ments shall be submitted for ratification or rejection of the electors of
this State at the next general election to be held after publication, as
provided for in the fourth section of this Act, in the several districts
of this State, at which election every person shall be qualified to vote
who is entitled to vote for members of the General Assembly. All
persors voting at said election in favor of adopting the proposed
amendments, or either of them, to the Constitution of this State, shall
have written or printed on their ballots the words: "For ratification
of the amendment of paragraph 2 of section 3, article 6 of the Con-
65 PART I., TITLE VIII. —CHAPTER I. §6213
Courts, generally.
stitution" (for election of Judges of Superior Courts by the people),
"For ratification of amendment of paragraph 3 of section 3 of arti-
cle 6 of the Constitution" (for election of Judges of the Superior
Courts by the people), "For ratification of amendment of paragraph
1 of section 11 of article 6 of the Constitution" (for erection of Solic-
itors-General by the peopled. And all persons opposed to adoption
of said amendments, or either of them, shall have written or printed
on their ballots the words : "Against the ratification of amendment
of paragraph 2 of section 3 of article 6 of the Constitution" (against
election of Judges of Superior Courts by the people), "Against ratifi-
cation of the amendment of paragraph 3 of section 3 of article 6 of
the Constitution" (against election of Judges of Superior Courts by
the people), "Against ratification of amendment of paragraph 1 of
section 11 of article 6 of the Constitution" (against the election of
Solicitors-General by the people).
Sec. 6. Proclamation of Governor on ratification of amendment. —
The Governor is hereby authorized and directed to provide for the
submission of the foregoing proposed amendments to the Consti-
tution of this State to a vote of the people as required by
the Constitution of this State in paragraph 1 of section 1 of article 13,
and by this Act ; and if either be ratified^ the Governor shall, when he
ascertains such ratification from the Secretarv of State, to whom the
returns shall be referred in the same manner as in case of elections for
members of the General Assembly, to count and ascertain the result,
issue his proclamation, for one insertion, in one of the daily papers
of this State, announcing such result and declaring the amendment or
amendments ratified.
[ Note. — Sections 1, 2 and 3 above were agreed to by two-thirds of
the members elected to each of the two houses of the General Assem-
bly, the same were published by the Governor as the Act provides, and
were duly ratified by the people at the next general election held after
the publication ; and said Sections are now parts of the Constitution
of the State.]
TITLE VIIL
COURTS.
Chap. I. Generally.
Chap. II. Superior and City Courts and Courts of Ordinary.
Chap. III. County and Justice Courts.
Chap. IV. Supreme Court.
CLIAPTER I.
GENERALLY.
§ 6213. Affidavits made out of state, how attested. — Any affidavit a.^899, p.
made out of the State of Georgia before any notary public, justice of
the peace, judge of a court of law, or chancellor, commissioner or
master of any court of equity of the State or county where the oath
5 — Ga Code
79.
§§6214-6219 PART L. TITLE VIII.— CHAPTER II. 66
Superior and city courts and courts of ordinary.
is made, or before any other officer of said State or county, who is
authorized bv the laws thereof to administer oaths, shall have the
same force and effect, and be recognized in like manner as if it had
been made before an officer of this State authorized to administer the
same, provided, that this Act shall not apply to such affidavits as are
by law required to be made within the State of Georgia, nor have the
effect to impair or render invalid any of the existing provisions of
Law for making affidavits out of this State.
A69899'P' § 62-3 4i Railway postal clerks exempt. — All railway postal clerks
residing in this State shall be exempt from jury duty in any of the
courts of this State.
a. 1899, p. £ G215. County commissioners ineligihle as jury commissioners. —
Xo person, while serving as a member of the board of roads and
revenues, or as county commissioner, shall be eligible to serve as
jury commissioner, and the acts of either as jury commissioner shall
be illegal, null and void.
a.ji899, p. § 6216. Transfer, when sufficient. — All transfers and assignments
of rent notes, mortgage notes, and other such evidences of indebt-
edness, secured either by contract lien or out of which a lien springs
by operation of law, shall be sufficiently technical and valid where
such transfer or assignment plainly seeks to pass the title to any of
such paper or papers in writing from one person to another.
a. 1899. p. § 6217. Transferred, how. — Upon all such transfers or assignments
of any such rent note, mortgage note, or other such evidence of in-
debtedness, as mentioned in section 1 of this Act, such transfer or as-
signment shall carrv together with the title thereof to such transferee
CD .. <_
or assignee also the lien or liens connected with the same, without
naming or specifically transferring said lien or liens, so that the
effect of such transfer or assignment will be to completely and fully
carry such lien as a necessary incident thereof.
A.ji899, p. § 6218. Transferee may foreclose. — Upon the simple transfer or
assignment of any such rent note, mortgage note, or other such evi-
dence of debt, as mentioned in sections 1 and 2 of this Act, the person
or persons to whom the same may be transferred or assigned may,
without more, have full power and authority to foreclose or enforce
the same in his own name.
90.
90.
90.
PART I.
TITLE VIII.
CHAPTER II.
SUPERIOR AXD CITY COURTS AXT> COURTS OF ORUTXARY.
§ 6219. May hold at place other than court-house, when. — If, for
A._i896, P. any cailse now existing, or hereafter to come to pass, it shall or may
67 PART L, TITLE VIII. —CHAPTER II. §§6220-6224
Superior and city courts and courts of ordinary.
be impracticable to hold any session or sitting of any superior court
in this State at the court-house, or other place provided by law there-
for, it shall and may be lawful to hold any such court, and any ses-
sion or sitting thereof, at such place or places as the proper authori-
ties of the county, in and for which such court is to be held, may from
time to time provide for such purpose ; provided, that no session or
sitting of any superior or city court of this State can, under this Act,
be held at any place other than the county site of the county of such
court.
§ 6220. Orders, judgments, etc., valid. — All orders, rulings, judg- a. i896, p.
ments, decisions, processes, warrants and acts of any superior court or
city court, passed, made, rendered, issued or done at a place provided
therefor by said county authorities, other than the county court-house
or other place of holding such court as now fixed by law, shall have
the same force, virtue, and effect as if the same had been passed,
made, rendered, issued or done at the regular court-house or other
place fixed by law for the holding of such court.
§ 6221. Judges of City Courts may exchange. — The judges of the a.isw, p.
various city courts in this State shall be, and are, hereby authorized
and empowered to preside in any of the city courts now established or
hereafter established by the General Assembly of Georgia, in the same
manner as the superior court judges of this State preside in the courts
of one another, and any city court judge may exercise all the powers,
duties and functions devolved upon the judge of such city court
over which he may be called to preside by the judge of any such city
court Tin such cases where the judge of said city court is disqualified,
or is providentially prevented from trying).
§ 6222. Suit against representative of insane or deceased person, a.isqt, p.
other joint defendant incompetent witness, when. — When suit is in-
stituted against joint defendants, one of whom is the representative of
an insane or deceased person, the sane or living party defendant shall
not be admitted to testify as to any transaction or communication
with the insane or deceased party, when his evidence would tend to
relieve or modify the liability of the party offered as a witness and
tend to make the estate of said insane or deceased party primarily
liable for the debt or default.
§ 6223. Notice to garnishee when answer is traversed. — When any A-5J897, p-
answer of garnishment is traversed, if the proceedings be in a justice
court, notice of such traverse shall be given in writing to the garni-
shee, if such garnishee be accessible, if not, then to his agent or attor-
ney of record, at least five days before the trial of such garnishment,
and in any other courts at least ten days before the trial of such* gar-
nishment.
§ 6224. Service on nonresident corporation. — If the garnishee be a. 1897, p.
' ■ 54.
a nonresident corporation, service of notice of traverse upon any
duly authorized agent or the attorney of record of such corporation
shall be sufficient.
§§6225-6229 PART L, TITLE VIII. —CHAPTER II. 68
Superior and city courts and courts of ordinary.
a. 1897, p. § 6225. Notice not necessary, when, — If the garnishee, his agent
or attorney of record, as hereinbefore provided, be inaccessible, notice
of such traverse shall not be necessary, and any judgment taken
against the garnishee shall be valid ; but in all other cases any judg-
ment taken against the garnishee without service of such notice of
traverse shall be void.
a. 1897, p. § 6226. Notice, how served. — The service of notice of traverse, as
54, hereinbefore provided for, shall be perfected by the plaintiff, his
agent or attorney of record, or by the proper officer of said court,
either by serving the garnishee, his agent or attorney, of record in
person or by leaving a copy of such notice of traverse at the most
notorious place of abode of such garnishee, his agent or attorney,
or of service by acknowledgment.
a. 1898, p. § 6227. Motions for new trials, etc., when decided. — In all the
89 .
counties with less than fifty thousand (50,000) inhabitants it shall
be the duty of the Judges of the several Superior and City Courts of
this State, unless providentially hindered, or unless counsel for the
Plain! iff and Defendant shall agree in writing to extend the time,
to promptly decide within thirty days after the same shall have been
argued before him, or submitted to him without argument, all mo-
tions for new trials, injunctions, demurrers and all other motions
of other nature; and in all counties with more than fifty thousand
(50,000) inhabitants, unless providentially hindered, or unless coun-
sel for the Plaintiff and Defendant shall agree in writing to extend
the time, to promptly decide within ninety days after the same shall
have been argued before, him, or submitted to him without argument,
all motions for new trials, injunctions, demurrers and all other mo-
tions of other nature, and when so decided, it shall be the duty of
such Judge to file his decision with the clerk of the court in which
such case is pending and notify the attorney or attorneys of the losing
party of his decision.
a. 1898, p. §6228. Non-compliance ground for impeachment. — If any such
Judge shall fail or refuse, unless providentially hindered, or unless
counsel for the Plaintiff and Defendant agree in writing to extend
the time, to obey the provisions of the preceding Section of this Act,
or if imy Judge shall repeatedly or persistently fail or refuse to decide
the various motions, injunctions and demurrers coming before him
in the manner provided by the provisions of this Act, then such con-
duct on his part shall be ground for impeachment, and the penalty
therefor shall be his removal from office.
a. 1898, p. §#6229. Pending 'motions, above sections apply to. — The provisions
of the foregoing sections shall apply to all motions, injunctions and
demurrers now pending before the several judges of this State which
have heretofore been argued or submitted to such judge without ar-
gument, and unless the same are decided within sixty days after the
approval of this Act., unless providentially hindered, or unless counsel
for plaintiff and defendant shall agree in writing to extend the time,
69 PART L, TITLE VIII.— CHAPTER II. §§6230-6233^
Superior and city courts and courts of ordinary.
then the remedy and penalty hereinbefore provided shall apply to
same.
§ 0230. Fees of deputy sheriff. — The deputy sheriffs of this State A-woo.p.
shall be entitled to charge and collect the following fees for official
duties performed by them, to wit:
For attendance upon the Superior Courts, per day, $2.00.
For attendance upon the City and County Courts, per day, $2.00.
For attendance upon Courts of Ordinary, per day, $2.00.
For attendance upon elections, per day, $2.00.
§ 6231. Paid, how. — The per diem provided for in the foregoing a. i9oo,p.
section shall be paid by the county ; provided, that the judge of the
court? in which said service shall be rendered, shall determine the
number of deputy sheriffs necessary to serve during the term ; and
provided further, that the provisions of this bill shall only apply to
those counties in the State having a population of twenty-four thou-
sand inhabitants or more.
§ 6232. Fees of counsel and receivers. — In all cases where a re- A-5*897' p-
ceiver is appointed under the laws of this State to take charge of the
assets of any person, firm or corporation, and a fund is brought into
court for distribution, the court having jurisdiction thereof shall
award to counsel filing the petition and representing the moving cred-
itor or creditors, out of the fund no greater sum as fees for services
rendered in liling such petition and bringing the fund into court than
such services are actually worth, taking as a basis therefor the amount
represented by such counsel in the original petition and the assets
brought into the hands of the receiver by the service of such counsel,
not including the turned over to the receiver by defendants
under order of the chancellor.
§ 6233. How allowed. — In all cases when a receiver is appointed A,55897, p-
to take charge of the assets of any person, firm or corporation, the
court having jurisdiction thereof shall award to such receiver as full
compensation for his services out of the fund coining into his hands
not more than eight per cent, of the "first one thousand dollars, four
per cent, of the excees up to five thousand dollars, three per cent, on
the amount above five thousand dollars and not exceeding ten thou-
sand dollars, and two per cent, on all such sums over ten thousand
dollars ; provided, that in case the business of an insolvent person,
firm or corporation is continued and conducted by a receiver, the
judge may allow compensation for such services in lieu of commis-
sions as may be reasonable, not exceeding the compensation paid by
persons in the usual and regular conduct of such business ; {provided A- 1898» p-
further, that in all cases the presiding judge, or other competent tri-
bunal, shall allow such compensation to the attorney or attorneys
filing the original petition, and the receiver or receivers appointed
thereunder, as their said services are reasonably worth].
§ 6233a. Jury fee to he paid by party cast. — The jury fee in forci- A8g898' p-
ble entry and detainer trials shall be six dollars for each verdict ren-
dered, to be paid by the party cast in the suit as other costs are paid,
to be equally divided amons; the iurors.
§§62335-6239 PART L, TITLE VIII.— CHAPTER III. 70
County and justices' courts.
CHAPTER III.
COUNTY AND JUSTICES' COURTS.
a. 1896, p. § 6233??. Deposit of costs in county court by non-resident plaintiff.
— Clerks of the county courts of this State shall not be required to
hie or docket any case or proceeding in which the plaintiff is a non-
resident of this State, until, in cases brought to the monthly terms
of said court, the sum of three dollars, and in cases brought to the
quarterly term of said court, the sum of six dollars, shall have been
deposited on account of costs.
a. 1896, p. § 6234. Deposit of costs in justice court by non-resident plaintiff.
— Justices of the peace and notary public who are ex officio justices
of the peace shall not be required to hie any suit, in Avhich the plain-
tiff is a non-resident of this State, until two dollars shall have been
. deposited with said court on account of costs.
a. 1897, p. §6235. County commissioners may provide rooms for justice
courts. — Boards of county commissioners are authorized, in their dis-
cretion, under such rules and regulations, not inconsistent with law,
as may be prescribed by them, to provide court rooms, at the expense
of the county, for those justices of the peace and notaries public and
ex officio justices of the peace who hold their courts within the cor-
porate limits of cities containing, by the last preceding United States
census, a population of not less than sixty thousand.
a. 1897, p. §6236. May provide docket and indexes. — Said boards, under
5L similar rules and regulations, are hereby authorized, in their discre-
tion, to provide, at the expense of the county, for the justices and
notaries public and ex officio justices aforesaid, good and sufficient
dockets and good and sufficient indexes to such dockets, at the actual
cost of the same.
a. 1897, p. § 6237. Jurors' per diem in certain cases. — All jurors subpoenaed
by the ordinary of any county in this State, and who do actual service
as jurors in any cause of action in which the county is interested,
shall each receive from the county treasury of said county, upon
warrant of the ordinary, one dollar per diem.
a. 1897, p. §6238. Ordinary vro hac vice where ordinary disqualified. —
Whenever an ordinary is disqualified to act in any cause, the county
judge or city court judge, and if there be no such courts, then the
clerk of the superior court of such ordinary's county may exercise
all the jurisdiction of ordinary in such cause, and in such event it
shall not be necessarv for the ordinarv to call in the ordinarv of the
adjoining county.
Avi9oo, p. § 6239. Judgments of Justice Courts in other States, proof of. —
The official certificate of a justice of the peace of any State of the
United States to any judgment, and the preliminary proceedings
before him, with the official certificate of the clerk of any court of
record, under the seal of said court, within the county in which such
justice resides, stating that he is an acting justice of the peace of that
78.
71 PART I.;, TITLE VIIL— CH. III. §§6240-6243
County and justices' courts.
county, and that the signature to his certificate is genuine, shall be
prima facie evidence of such proceedings and judgment in the courts
of this State.
§ 6240. Former justice's term expiring, successor recognized. — a. _i9oo, p.
In the event the term of office of any such justice shall have expired,
or said office shall for any reason be vacated, the official. certificate of
his successor in said office to any judgment and the preliminary
proceedings before such retired justice stating that he is the successor
in office of such retired justice and the proper custodian of such
iudgment and preliminary proceedings, the same being in his custody,
with the official certificate of the clerk of any Court of Record, under
the seal of said court within the county in which such justice making
such certificate resides, stating that he is an acting justice of the
rpeace of that county and the successor in office of the said justice
before whom said proceedings were had and by whom said judgment
was rendered, and that the signature to his certificate is genuine, shall
be prima facie evidence of such proceedings and judgment in the
courts of this State.
§ 6241. Bill of exceptions, without motion for new trial. — In anv a. 1898, p.
. . ' 92
case now or hereafter brought where the judgment, decree or verdict
has necessarilv been controlled bv one or more rulings, orders, de-
cisions or charges of the court, and the losing party desires to except
to such judgment, decree or verdict, and to assign error on the ruling,
order, decision or charge of the court, it shall not be necessary to make
a motion for new trial, nor file a brief of the evidence, but the party
complaining shall be permitted to present a bill of exceptions con-
taining only so much of the evidence or statement of facts as may be
necessary to enable the Supreme Court to clearly understand the
ruling, order, decision or charge complained of.
§6242. Republication of Georgia Decisions and Reports. — The A-gJ899' p*
state librarian is authorized and directed to republish, under the same
restrictions and conditions, so far as practicable, as now relate to the
republication of Georgia Reports, and electrotyped copies of same,
five hundred copies each of the earlier Georgia Reports, together with
Charlton's and Dudley Reports and Georgia Decisions, where the
copyright has expired, beginning with Volume 1 and continuing con-
secutively, to be paid for out of the money received by him from the
sale of Georgia Reports, together with said Charlton's and Dudley
Reports and Georgia Decisions ; provided, that only such volumes be
republished during any one year as may be paid for out of the said
money received during that year. That said Librarian shall con-
tinue said publication of such reports whenever the coprights may
hereafter expire; provided, that all of said Reports shall be sold at
actual cost, to the State, of publication.
^ 6243. Slate Library Commission created. — The Governor shall a. 1897, p.
93.
appoint five persons who shall constitute a State Library Commission,
and no person shall be eligible to appointment on said commission
who is interested in any publication house or the sale of any book or
§§6244-6248 PART L, TITLE VIII. — CH. IV. 72
Supreme Court.
books, or agent for the same. The members of said commission
shall be appointed for a term of three, years, and shall annually elect
a chairman and a secretary.
a. 1897, p. 8 6244. Duties of commission. — The commission shall sive advice
93. ... ...
and counsel to all libraries in the State and to all communities which
may propose to establish them, as to the best means of establishing
and administering such libraries, the selection of books, cataloguing
and ether details of library management. The commission may also
?end its members to aid in organizing new libraries or improving
those already established. The commission shall make biennial re-
ports to the Governor.
A93897, p' §6245. Compensation denied. — Xo member of this commission
nor the secretary shall receive any compensation for services or trav-
eling expenses as a member of this commission, nor shall the State
pay any expenses whatever that may be incurred in any way by this
commission.
PART I.
TITLE VIII.
CHAPTER IV.
SUPREME COURT.
A.^i896, p. g 6246. Failure of judge to certify in time not cause dismissal,
when. — No bill of exceptions now pending in the Supreme Court, or
that may hereafter be brought to said court, shall be dismissed upon
the ground that the same was not certified by the judge in the time
now required by law for tendering and signing bills of exceptions ; but
if it shall appear from said bill of exceptions that the same was ten-
dered to the judge within the time required by law, a mere failure on
his part to sign the same within the time prescribed shall be no cause
for the dismissal of the bill of exceptions, unless it should appear that
the failure to sign and certify the same by the presiding judge within
the time prescribed by law was caused by some act of the plaintiff in
error in said case or his counsel.
a. 1896, p. §6247. Additional shorthand writers; compensation. — The Su-
preme Court of this State shall have authority to appoint three addi-
tional shorthand writers, whose duties and compensation shall be the
same as is now prescribed by law for the shorthand writers of said
court.
a. 1896, p. § 6248. Sheriff, additional salary to. — In addition to the salary
46, now allowed by law to said sheriff, he shall receive the sum of six
73 PART L, TITLE VIII. — CH. IV. §§ 6249-6252
Supreme Court.
hundred dollars per annum, or so much thereof as may be raised in
the manner hereinafter stated.
§ 6249. From what fund 'payable; no extra pay to assistants. — The A-4*896' p-
additional compensation provided for in this Act shall be payable only
out of the fund now arising and being collected in said court under
existing laws as "sheriff's costs/'' viz. : one dollar and twenty-five
cents in each case coming before said court. If said fund, by reason
of the fact that so many cases are carried to said court in forma pau-
peris, shall, in any given year, be insufficient to raise the sum of six
hundred dollars, said sheriff shall receive, under this Act, only the
amount actually collected. If, however, said fund, for any year,
is more than sufficient to raise the sum of six hundred dollars, the
surplus shall be paid into the State treasury ; provided, that the com-
pensation herein provided for shall be in full of the salary of any
assistants said sheriff' may be required to employ in the performance
of his duties, and that no extra compensation shall be allowed to any
such assistants.
§6250. How payments to he made. — All payments under this A- *896> p«
act shall be made to the sheriff bv the clerk of said court, under orders
passed by the court.
§ 0251. Bills of exceptions in habeas corpus cases; practice. — All A5i897>p«
bills of exceptions in habeas corpus cases now pending before the Su-
preme Court, and all cases tried in the courts of this State from and
after the passage of this Act shall, as regards the practice of the lower
court and in the Supreme Court relating to the time and manner of
signing, filing, serving, transmitting and hearing the same, be gov-
erned in all respects where applicable by the laws now of rule and
forcQ in reference to bills of exceptions in cases of injunction, and it
shall be the duty of r,he Supreme Court to give a speedy hearing and
determination in such habeas corpus cases, either under existing rules
or under special rules to be formulated by said court for that purpose,
and if the judgment of the court below is affirmed in the Supreme
Court, the clerk of the Supreme Court shall promptly transmit the re-
mitter to the clerk of the court from which the writ of error was
taken. Upon the receipt of the same the clerk shall notify the judge
of said court, who shall have full power in term or vacation to pass
an order, sentence or judgment necessary to carry into execution the
judgment of the court.
§ 6252. Reorganization of Supreme Court. — On December 16,
1895, the General Assembly passed an Act to amend the Constitution
of this State, which Act contained the following provisions :
"The Supreme Court shall hereafter consist of a Chief Justice and
five Associate Justices. The court shall have power to hear and de-
termine cases when sitting, either in a body or in two divisions of
three judges each, under such regulations as may be prescribed by the
General Assembly. A majority of either division shall constitute a
quorum for that division." (Acts of 1895, p. 15.)
6252 PART L, TITLE VIII. — CH. IV. 74
Supreme Court.
This amendment was ratified by the people at a general election
held October 7., 1896; and on December 17, 1896, the following act
was passed by the General Assembly :
An Act to prescribe regulations for conducting the business of the
Supreme Court on and after the first day of January. 1897, under
the provisions of the constitutional amendment ratified by the
'people of this State on the seventh day of October, 1896; to em-
power the Justices of said court to make rules for carrying said
amendment into effect and regulating its proceedings thereunder ;
to amend the law novj embodied in section 217 of the Code of 1882,
which declares the manner in which a decision rendered by three
judges shall be reversed or materially changed; to prescribe the
mariner in which unanimous decisions rendered by a full bench of
six justices shall be overruled, or materially modified; and. for
oilier purposes.
Section 1. Be it enacted by the General Assembly of Georgia,
That on and after the first day of January, 1897, the Supreme Court
may, in its discretion, sit either for the hearing or for the decision of
cases "in a body," of which not less than four Justices shall constitute
a quorum, or, for like purposes, in separate divisions of three Justices
each; but whenever three Justices are assigned to a division, two of
them shall constitute a quorum for that division. The phrase "court
as a whole," as used in this act, shall be understood as meaning the
court when not sitting or acting in divisions, and such court shall
consist of four or more Justices. It shall be the duty of the Chief
Justice, on the day above mentioned, or as soon thereafter as prac-
ticable, to separate the court into two divisions, designating which
Justices shall compose each, but the personnel of each division shall,
under his direction and in accordance with such rules as the court
may prescribe, be changed from time to time, so tha't the two divisions
will not become permanent in their constituency. The division of
which the Chief Justice is a member shall always be known and dis-
tinguished as the "first division," and he shall be its presiding Justice.
The other division shall always be known and distinguished as the
"second division," and its presiding Justice shall be designated by
the Chief Justice. Whenever the Chief Justice is absent or disquali-
fied, any duty devolving specially upon him shall be performed by the
Associate Justice who has been longest in commission.
Sec. 2. Be it further enacted, That auy cases which shall have
been argued, by brief or otherwise, before the present bench of three
Justices, and which shall not have been decided before the first day
of January, 1897, may be taken up, considered, and decided by the
court as a whole without further argument; or the court may, upon
its own motion, but not otherwise, order any of such cases reargued
if deemed expedient.
75 PART L, TITLE VIII. — CH. IV. § 6252
Supreme Court.
Sec. 3. Be it further enacted, That either division of the court
shall have the power to issue the writ of mandamus, or to take any
other action necessary to the perfection of records, according to the
practice which has heretofore prevailed in this court, and either
division may render a final judgment in any case argued before it,
and such judgment shall have the same force and effect as if ren-
dered by the court as a whole ; provided, nevertheless, that the court
shall, as far as practicable, endeavor to so conduct its proceedings
as to have the concurrence of all the Justices in all judgments ren-
dered, except in cases where there is an express dissent upon the part
of one or more of them. Every case argued before either division
may be considered and decided by the court as a whole, or any one or
more Justices of the other division may participate in the decision
thereof without further argument ; and where for any reason a case
is heard in a division by only two Justices, the Chief Justice shall
direct one or more Justices of the other division to participate in
deciding it, or that it may be decided by the court as a whole. When-
ever any Justice in either division differs from the other two as to any
particular case pending before it, such case shall go to the court as
a whole for decision ; and whenever it decides a case which has been
argued before one division only, it may upon its own motion, but not
otherwise, order a reargument therein. In all cases decided by a full
bench of six Justices the concurrence of a majority shall be essential
to a judgment of reversal, and if the Justices are evenly divided, the
judgment of the court below shall stand affirmed. In all cases de-
cided hj the court as a whole, with less than six Justices, the concur-
rence of at least three shall be essential to the rendition of a judg-
ment: and if only four Justices act upon a case, and they are evenly
divided, the case shall be reargued before a full bench, if possible,
before the term closes; and if not, the judgment of the court below
shall stand affirmed. Both the minutes and the printed official re-
ports shall show how many and which justices concurred in each
judgment rendered, and which, if any, dissented therefrom.
Sec. 4. Be it further enacted, That said court shall have full
power and authority to make all such rules, not in conflict with the
constitution or with this act or with any other law of this State, as
may be necessary for carrying said amendment into effect and regu-
lating its proceedings thereunder. To these ends it may, by such
rules, provide and declare when the court shall sit "in a body," and
when in separate divisions; how its minutes shall be kept; how the
cases upon its dockets shall be apportioned and divided between the
two divisions ; at what times and to what extent changes shall be made
in the personnel thereof; and generally to make all such regulations
as to practice and procedure which experience may show to be con-
venient and expedient for the proper transaction of its business with
due regard to the rights of parties and counsel concerned.
§§ 6253-6256 PART L, TITLE VIII. — CH. IV. 76
Supreme Court.
Sec. 5. Be it further enacted, That the law now embodied in
section 217 of the Code of 1882 (§ 5588 of the Code of 1895), which
declares that "a decision concurred in by three Judges cannot be
reversed or materially changed, except by a full bench," be, and the
same ^ hereby, amended by striking therefrom the words just quoted,
and inserting in their stead the following words, to wit: "A decision
rendered by the Supreme Court prior to the first day of January,
1 897, and concurred in by three Judges, or Justices, cannot be re-
versed or material] v chansred, except bv the concurrence of at least five
Justices." Unanimous decisions hereafter rendered bv a full bench
of six eTustices shall not be overruled or materially modified except in
the manner pointed out in said section, and then only with the con-
currence of six Justices.
Sec. 6. Be it further enacted, That all laws now of force relat-
ing to the Supreme Court shall, so far as may be practicable, and with
such modifications as necessarily result from the ratification of said
amendment or from the passage of this act, apply to said court after
its reorganization thereunder ; and that all laws and parts of laws in
conflict with this act be, and the same are hereby, repealed.
Approved December 17, 1896.
[The court was reorganized January 4, 1897.]
42.
42.
a. 1896, p. § 6253. May sit in a body or in separate divisions; quorum. —
The Supreme Court may, in its discretion, sit either for the hearing
or for the decision of cases "in a body," of which not less than four
justices shall constitute a quorum, or, for like purposes, in separate
divisions of three justices each; but whenever three justices are as-
signed to a division, two of them shall constitute a quorum for that
division.
a. 1896, p. § 6254. "Court as a whole" means what. — The phrase "court as a
whole," as used in this act, shall be understood as meaning the court
when not sitting or acting in divisions, and such court shall consist
of four or more justices.
a. 1896, p. § 6255. Composition, of divisions; change of personnel. — It shall
be the duty of the Chief Justice, on the day above mentioned, or as
soon thereafter as practicable, to separate the court into two divisions,
designating which justices shall compose each; but the personnel of
each division shall, under his direction, and in accordance with such
rules as the court may prescribe, be changed from time to time, so
that the two divisions will not become permanent in their constitu-
ency.
a. 1896. p. §6256. Designation of divisions; presiding justices. — The di-
vision of which the Chief Justice is a member shall always be known
and distinguished as the "First Division," and he shall be its presid-
ing justice. The other division shall always be known and distin-
42.
42.
77 PART L, TITLE VIII.— CH. IV. §§6257-6261
Supreme Court.
squished as the "Second Division/' and its presiding justice shall be
designated bv the Chief Justice. Whenever the Chief Justice is ab-
sent, or disqualified, any duty devolving specially upon him shall be
performed by the Associate Justice who has been longest in commis-
sion.
§6257. Disposition of cases argued prior to 1897. — Any cases A. 1896f p.
which shall have been argued, by brief or otherwise, before the pres- 42-
ent bench of three justices, and which shall not have been decided
before the first day of January, 1897, may be taken up, considered,
and decided by the court as a whole, without further argument, or
the court may, upon its own motion, but not otherwise, order any of
such cases reargued, if deemed expedient.
§ 6258. Powers of either division; concurrence of all the justices, a. 1896, p.
— Either division of the court shall have the power to issue the writ 42"
of mandamus, or to take any other action necessary to the perfection
of records, according to the practice which has heretofore prevailed
in this court, and either division may render a final judgment in any
case argued before it, and such judgment shall have the same force
and effect as if rendered by the court as a whole ; provided, neverthe-
less, that the court shall, as far as practicable, endeavor to so conduct
its proceedings as to have the concurrence of all the justices in all
judgments rendered, except in cases where there is an express dis-
sent upon the part of one or more of them.
§ 6259. Court as a whole may decide all cases; two justices only a. 1896, p.
presiding. — Every case argued before either division may be con- 42'
sidered and decided by the court as a whole, or any one or more
justices of the other division may participate in the decision thereof,
without further argument; and where, for any reason, a case is heard
in a division by only two justices, the Chief Justice shall direct one
or more justices of the other division to participate in deciding it, or
that it may be decided by the court as a whole.
§6260. Division justice dissenting; reargument, when. — When- A, 1896) p.
ever any justice in either division differs from the other two as to 42-
any particular case pending before it, such case shall go to the court
as a whole for decision; and whenever it decides a case which has
been argued before one division only, it may, upon its own motion,
but not otherwise, order a reargument therein.
§6261. Concurrence of how many necessary to reversal; f our A> 1896> p#
sitting, equally divided, effect of. — In all cases decided by a full 42-
bench of six justices, the concurrence of a majority shall be essential
to a judgment of reversal, and if the justices are evenly divided, the
judgment of the court below shall stand ainrmed. In all cases de-
cided by the court as a whole, with less than six justices, the concur-
rence of at least three shall be essential to the rendition of a judg-
ment; and if only four justices act upon a case, and they are evenly
divided, the case shall be reargued before a full bench, if possible,
§6262-6266 PART L, TITLE IX. 78
Rules of the Supreme Court.
42.
42.
before the term closes, and if not the judgment of the court below
shall stand affirmed.
a. 1896, p. § 6262. Minutes and reports to show which justices concurred and
which dissented. — Both the minutes and the printed official reports
shall show how many and which justices concurred in each judgment
rendered, and which, if any, dissented therefrom.
a. 1896, p. § 6263. Bules of Court, power to make. — Said court shall have full
power and authority to make all such, rules, not in conflict with the
constitution or with this Act, or with anv other law of" this State, as
may be necessary for carrying said amendment into effect and regu-
lating its proceedings thereunder. To these ends it may, by such
rules, provide and declare when the court shall sit "in a body," and
when in separate divisions; how its minutes shall be kept, how the
cases upon its dockets shall be apportioned and divided between the
two divisions; at what times, and to what extent, changes shall be
made in the personnel thereof, and generally to make all such regula-
tions as to practice and procedure which experience may show to be
convenient and expedient for the proper transaction of its business,
with due regard to the rights of parties and counsel concerned.
A.J896, p. § 6264 (5588). Decision of, how reversed. — [A decision rendered
by the Supreme Court prior to the first day of January, 1897, and
concurred in by three judges or justices], cannot be reversed or ma-
terially changed, except by the concurrence of at least five justices,
and then after argument had, in which the decision, by permission
of the Court, is expressly questioned and reviewed ; and after such
argument, the Court in its decision shall state distinctly whether it
a. 1896, p. affirms, reverses, or changes snch decision. [Unanimous decisions
hereafter rendered by a full bench of six justices shall not be over-
ruled or materially modified, except in the manner pointed out in
this section, and then only with the concurrence of six justices.]
a. 1896, p. § 6265. Prior laws, how far of force. — All laws now of force re-
lating to the Supreme Court shall, so far as may be practicable, and
with such modifications as necessarily result from the ratification
of said amendment, or from the passage of this Act, apply to said
court after its reorganization thereunder, and all laws and parts of
laws in conflict with this Act are hereby repealed. ^
42.
42.
42.
PAET I.
TITLE IX.
RULES OF THE SUPREME COURT.
I. ATTORNEYS.
§ 6266. Kuee 1. Attorneys, how admitted. — Any member of the
bar of the superior courts may be admitted to practice in this court,
79 PART L, TITLE IX. §§ 6267-6269^
Rules of the Supreme Court.
by either division thereof, upon his written application and the cer-
tificate of at least two attorneys of this court, that he is of good private
and professional character. The oath required to be taken in open
court is as follows :
"I do solemnly swear (or affirm, as the case may be) that I will
demean myself as an attorney or counselor of this court uprightly
and according to law; and that I will support the Constitution of the
State of Georgia, and the Constitution of the United States. So help
me God."
On his admission, the applicant must pay to the clerk a fee of
five dollars, and the clerk will issue to him a license, in proper form,
under the seal of the court, as evidence of his authority to practice.
Upon any satisfactory evidence in support of their application,
attorneys of any of the courts of the United States, or of the highest
court of any State or Territory, in good standing where they reside,
may be admitted here, on taking the like oath and paying a like fee
to the clerk. As matter of comity or professional courtesy, a visiting
brother from another State, or from a Territory, may, by leave of the
court, be heard as associate or even as leading counsel in a single
case without being admitted as a regular practitioner. ~No such in-
dulgence, however, will be extended to any attorney who is a resident
of this State.
§ 6267. [Rule 2. Agreements or consents to be in writing. — In
the conduct of a case, no agreement or consent will be recognized or
enforced which is not reduced to writing, signed by the parties or
their counsel, and filed with the clerk.
§ 6268. Rule 3. Argument. — Argument is limited to four hours
upon each case, two hours on each side, unless by special leave an
extension of time is granted, and none will be granted except on ap-
plication made before the argument of the case is begun. Save when
§ 5581 of the Civil Code applies, only two counsel on each side will
be heard. The plaintiff in error opens and concludes, and on motions
the movant has the like privilege.
§ 6269. Rule 4. Personal remarks. — Personal remarks discourt-
eous to opposing counsel, or in disparagement of the judge whose de-
cision is under review, are strictly prohibited. In the argument of
cases counsel are entitled to all the latitude necessary to a full and
fair discussion of the legal and constitutional questions involved in
the assignments of error or other matter before the court, but they
must not indulge in denunciation of any branch of the Government,
State or Federal, nor call in question the integrity or impugn the mo-
tives of any official, unless he is on trial or otherwise a party to the
record and his official conduct is properly the subject of scrutiny
and adjudication.
§ 6269a. Rule 5. Waste of time or work. — -As time is precious,
and the necessary labor of the court is excessively onerous and exact-
ing, every attorney is under obligation not to impose needless or un-
.§6270-6275 PART L, TITLE IX. 80
Rules of the Supreme Court.
necessary labor upon the court, or waste its time by means of verbos-
ity, redundancy, surplusage, or irrelevancy, whether in argument,
bills of exceptions, motions for new trial, briefs of evidence, or other
documents.
II. BILLS OF EXCEPTIONS AND RECORDS.
§ 6270. Rule 6. Bills of exceptions. — Bills of exceptions must be
plainly written or printed, and must distinctly specify the points on
which error is assigned. Where the error alleged is in the granting
or denying of a new trial, one assignment of error is sufficient to
• reach all the grounds of the motion on which the grant or refusal was
based. Counsel, when signing bills of exceptions, or acknowledging
service thereof, will add to their signatures their post-office addresses.
§ 6271. Rule 7. Objections to bill of exceptions or transcript of
record, how and when made. — Objections to the bill of exceptions or
to the transcript of the record must be made in writing and presented
to the court when, or before, the case is called for argument. They
will be disposed of at once, if practicable, and if not, will be reserved
for further consideration. Any suggestion of a diminution of the
record will be controlled by this rule.
§ 6272. Rule 8. Duty of clerks below. — The clerk with whom a
bill of exceptions is duly filed, shall, after certifying it under the
seal of the court to be the true original bill of exceptions, transmit
the same, within the time prescribed by statute, to the clerk of this
court, together with a certified transcript of such parts of the record
as the judge's certificate to the bill of exceptions may require him to
transmit. ^Neither a party nor his counsel shall be intrusted by any
clerk with these documents for transmission, but the exclusive
medium of carriage shall be by mail or express, charges prepaid,
unless delivery is made by the clerk, or his deputy, in person. If
for any cause a clerk delays transmission beyond the statutory limit,
he shall certify to this court on the transcript the true cause of the
delay, or be considered as in contempt.
§ 6273. Rule 9. Illegible or confused transcript of record, how
treated. — As against the clerks of the superior and city courts, and
all plaintiffs in error, an illegible or confused transcript of the record
will be treated as no transcript.
§ 6274. Rule 10. Transcript^ how written. — Every transcript
shall be plainly and legibly written or printed on white paper, so as
to be read without more than ordinary strain or effort. If written
with pen or typewriter, the same must be done on only one side of
each sheet.
§ 6275. Rule 11. Various parts of transcript, how arranged. —
The various parts of the transcript shall be arranged in the order of
time — that is, the first document filed shall be foremost in the trans-
cript, and so on ; matters copied from the minutes, such as verdicts,
orders, judgments, etc., being also placed in due order according to
dates.
81 PART L, TITLE IX. §§6276-6279
Rules of the Supreme Court.
§ 6276. Rule 12. Where record confused or illegible, and no
mandamus applied for, what direction given. — If a mandamus to the
clerk in default be not applied for, and the record should be found
confused or illegible, the court will cause such order, direction, or
judgment to be entered as, in its legal discretion, should be awarded.
Clerks who have not in the first instance complied with the re-
quirements of Rules 10 and 11, may do so voluntarily by sending up
a second transcript in conformity thereto, in which event resort to
mandamus shall not be necessary.
III. BRIEFS.
§ 6277. Rule 13. Briefs. — Briefs must be plainly written or
printed, with ample spacing between the lines, and be confined to a
statement of the points insisted upon, and a citation of authorities.
If counsel desire to furnish a written summary or narrative of the
facts, or to make a written argument, this must be done in a separate
document, and not by expanding or overloading the brief. Besides
furnishing to the court three copies of his brief on or before beginning
his argument, the counsel for each party must exchange briefs with
his opponent at least twenty-four hours before the argument opens.
This may be done by delivering a copy to the opponent directly, or
by placing it for him, through the mail or otherwise, with the clerk
of this court. Any failure to comply with this rule will subject the
delinquent counsel to be dealt with as for contempt.
IV. costs.
§ 6278. Rule 14. Attorneys, etc., bound. — All attorneys repre-
senting the plaintiff in error, as well those heard orally or by briefs
in this court as those signing the bill of exceptions, are jointly and
severally bound for costs, save where the pauper affidavit is filed in
the clerk's office of the court below, and a certified copy thereof is
transmitted to this court with and as a part of the transcript of the
record, or, if no transcript is required, with the bill of exceptions.
This oath, to be effectual, must assert that the plaintiff in error is,
because of his poverty, unable to pay the costs, and must not add con-
junctively that he is unable to do anything else.
§ 6279. Rule 15. Costs, when payable. — ~No case in which cost
is due will be heard (except by special order of the court) until the
cost is paid ; and if not paid when the case is called, the clerk shall so
inform the court, whereupon the case, will be dismissed. The clerk
shall, within ten days after the disposition of any case, issue execu-
tion against the plaintiff in error and his counsel for any unpaid
costs with which they are chargeable, in form as follows :
6— Ga Code
§6280, 6281 PART L, TITLE IX. 82
Rules of the Supreme Court.
STATE OF GEOEGIA
vs.
To all and singular the Sheriffs of said State and their lawful Depu-
ties:
We command you that, of the goods and chattels, lands and tene-
ments of
you cause to be made the sum of . ■
dollars and cents.
Supreme Court costs in the case of
. vs
, at its
term, 18 . . . . , due the State, and also all costs on this fi. fa,., and that
you make return hereof to the next term of said Court.
Witness the honorables C. J., and
Associate Justices of said court, this
day of 18
Clerk Supreme Court of Georgia.
Whenever a cost execution is paid by an attorney for a plaintiff in
error, the same may, upon his request, be transferred and assigned
to him by an appropriate indorsement thereon signed by the clerk.
(As amended, February, 1900.)
§ 6280. Rule 16. Costs, how recovered. — Upon the reversal of
any judgment, order, or decree of a lower court, the party in whose
favor the reversal is had shall be entitled to collect in the court below
all costs paid by him in this court.
V. DISQUALIFICATION.
§ 6281. Rule 17. Disqualification of Justices. — Whenever all the
Justices in either division are under disability, whether by reason of
interest or from providential cause, from hearing any case coming
before that division, it shall be transferred to the other division.
Where two Justices in a division are under such disability, a quorum
shall be made therein, by temporarily assigning to that division one
of the Justices of the other.
If in any case four or more Justices are under such disability, so
that there will not be three qualified Justices to decide the same, a
full division of three shall be made up by requesting the Governor
to designate one or more judges of the superior court to preside. in
that case. Whenever it shall become necessary to pursue this course,
the matter should be brought to the attention of the court not later
than the time when the circuit is reached to which belongs the case
in which the services of the judge or judges to be designated are
83 PART L, TITLE IX. §§6282-6286
Rules of the Supreme Court.
desired. Counsel are expected to exercise due diligence in comply-
ing with this* requirement.
Where cases are to be passed upon by the court as a whole, whether
because of a difference of opinion between two Justices in a division,
or because so ordered, and three or more Justices are under disability
from presiding, a bench of at least four must be made up by the Gov-
ernor's designation of .one or more judges of the superior court to
preside therein.
VI. DOCKETS A^TU CALL OF CASES.
§ 6282. Rule 18. Cases, how entered. — All civil cases returned
to this court shall be numbered and entered by circuits on the bench
docket for civil cases, on or before the first day of the term to which
they are respectively returned, and the cases first received by the
clerk shall be first entered., A separate bench docket for criminal
cases shall be kept, in which the cases of each term shall be num-
bered as they are entered, serially and not by circuits. The bench
dockets shall not be open to the inspection of the bar during the
sessions of the court.
§ 6283. Rule 19. Bar docket. — The clerk shall furnish a tran-
script of the bench civil docket for the use of the bar.
§ 6284. Rule 20. Dockets, how called. — For the purpose of hear-
ing arguments the dockets shall be called by the court when sitting in
separate divisions, the Chief Justice apportioning the cases between
the two divisions, and directing when each division shall occupy the
bench. Either division, upon the call of any case, civil or criminal,
may order it to be argued before the court as a whole, set a day for
hearing the same, and cause due notice to be given to counsel con-
cerned.
§ 6285. Rule 21. Civil docket. — Civil cases in which speedy
trials are provided for by statute may, on good cause shown, be set
for hearing on motion of counsel for either party. Opposing counsel
shall have ten days' notice of the time fixed. Every such case not
advanced and heard as above provided will be heard in its order on
the docket, or if entered after the circuit to which it belongs has been
passed, it will be heard at the heel of the docket.
§ 62S6. Rule 22. Criminal Cases. — Criminal cases filed during
vacation, or after the docket of a term has been closed, will, without
notice to counsel, be in order for a hearing on the third Monday of
the next ensuing term. It shall be the duty of the clerk to mail to
counsel for the plaintiff in error, in each criminal case not provided
for as above, and to the solicitor-general or city court solicitor con-
cerned (and, in capital cases, also to the attorney-general), a written
or. printed notice stating when said case will be heard. Jf eight or
more days, including Sundays, will elapse between the mailing of the
notice and the third Monday of the month in which it is mailed, that
Monday shall be named as the day for the hearing. If less than eight
days will so elapse, the third Monday in the next month shall be
6287-6291 PART L, TITLE IX. 84
Rules of the Supreme Court.
named ; 'provided, that if any day to be designated in compliance with
the foregoing directions would arrive after the adjournment of a
term, the clerk shall name in its stead the third Monday of the next
term. Argument will not, at the instance of counsel, be postponed in
any criminal case except for providential cause: but the court may,
on its own motion, order such postponement during a term as the
exigencies of its business may require. Unless otherwise specially
ordered, the criminal docket for each October term will stand closed
on the last Saturday but one before the third Monday in the month
of February following the beginning of such term. The criminal
docket of each March term will be closed by special order. (As
amended, February, 1900.)
§ 6287. Rule 23. Other cases. — All cases not ordered to be argued
before the court as a whole, or provided for by Rules 21 and 22, shall
be heard in their order on the docket, unless transferred, postponed,
or continued by order of court.
§ 6288. Rule 24. Want of prosecution. — On the call of a case, if
the plaintiff in error be unrepresented, counsel for defendant in error
may move to open the record and insist on an affirmance of the judg-
ment and an aAvard of ten per cent, damages, for delay, or the case
will be dismissed for want of prosecution, and will not be reinstated
except for providential cause.
§ 6289. Rule 25. Notice of motion to dismiss. — ~No motion to
dismiss a writ of error will be considered unless notice of such motion
and of the grounds thereof, in writing, be given to counsel for plain-
tiff in error twenty-four hours before the case is called for argument.
If because of the absence of counsel for plaintiff in error such notice
cannot be given, the motion will be entertained and such direction in
reference thereto given as, in the discretion of the court, may seem
proper. If the court has no jurisdiction, it will dismiss the writ
whenever and however this may appear.
VII. JUDGMENTS.
§ 6290. Rule 26. Judgments, ivhen and how rendered. — Judg-
ments in any and all cases may be rendered whenever the court as \
whole or either division is in open session, and it shall not be essential
to the validity of any judgment that any one or more of the Justices
who participated in making up the same shall be personally present
at the rendition thereof; but each case shall be passed upon by at
least three Justices, and each judgment shall show upon its face how
many and which Justices concurred therein, and which, if any, dis-
sented therefrom, and the facts with respect to these particulars shall
in each case appear upon the minutes and in the official reports of
this court.
VIII. MANDAMUS.
§ 6291. Rule 27. Application for, when made. — If any judge of
the superior or city courts of this State shall neglect or refuse to cer-
85 PART L, TITLE IX. §§6292-6294
Rules of the Supreme Court.
tify any bill of exceptions as required by law, or shall fail or refuse
to specify in his certificate the cause of delay (in case he has with-
held his signature till after the expiration of the time within which
he is required to sign the same, for any of the causes justifying such
delay), the party tendering the bill of exceptions, if he desires a
mandamus nisi to be directed to such judge, must make his applica-
tion by petition to this court as prescribed by § 5546 of the Civil
Code, on or before the third dav of the term of this court next after
the bill of exceptions is tendered, or he will not be heard, and the case,
if upon the docket of this court, will be dismissed and the judgment
of the court below stand affirmed.
IX. MINUTES.
§ 6292. Rule 28. Minutes, how kept. — Subject to the provisions
embraced in these rules, the minutes shall be kept in substantially
the same manner as has been heretofore observed. Orders passed in
chambers, as provided in Rule 34, shall be entered on the minutes
without the necessity of convening the court as a whole or either di-
vision thereof in open session.
X. OFFICE PAPERS.
§ 6293. Rule 29. Office papers not to be taken without leave of
court. — ~No paper belonging to the clerk's office shall be taken there-
from without leave of the court, and when such leave is granted, the
party receiving the paper shall receipt the clerk for the same.
§ 6293a. Rule 30. Original opinion. — All opinions delivered by
the Justices of this court shall be filed in the clerk's office, subject to
nse by the reporter for publication in the Georgia Reports. For no
other purpose shall they be withdrawn from the clerk's office without
leave of the court. % When returned by the reporter, they shall be
refiled in such manner as will secure ready access and reference
thereto and the preservation thereof.
XI. PARTIES.
§ 6294. Rule 31. Parties, how made. — The death of a party to a
case pending in this court may be suggested by counsel for either side
at any time in open court, and the court shall thereupon cause to
be issued and served upon the legal representative of the deceased
party, if there be one, a rule nisi requiring him to show cause, upon
a day named, why he should not be made a party, and upon the
return of such rule the court shall take appropriate action in the
premises. The legal representative of the deceased party may volun-
tarily become a party to the case at any time. If he does so on or
before the call of the case at the first term, it will, with his consent,
be heard at that term, or, in the absence of such consent, will be con-
tinued. Where a representative of the deceased party has not been
appointed and made a party in this court on or before the last day for
§§6295-6298 PART L, TITLE IX. 86
Rules of the Supreme Court.
argument at the second term, the case will be dismissed. A temporary
administrator will be regarded in this court as a competent party.
XII. PERSONNEL OF THE TWO DIVISIONS.
§ 6295 (5626a). Rule 32. Changes, how and when made. — At
the beginning of every October term the personnel of the two di-
visions of this court shall, under the direction of the Chief Justice, be
changed by transferring one or more of the Associate Justices from
each division to the other. The Chief Justice may, at any other time,
order a change in the personnel of the two divisions, either temporary
or to continue till the beginning of the next ensuing October term, as
may be deemed expedient. Whenever at any time an Associate Jus-
tice is succeeded in office by another person, the latter shall be as-
signed to the division in which the former was then serving. (As
amended, Fehruary, 1900.)
XIII. PROCEEDINGS IN OPEN SESSIONS AND IN CHAMBERS.
§ 6296. Rule 33. Sessions, how held, etc. — As a general rule, the
court in its open sessions shall, for the transaction of all business, sit
in divisions. The court shall sit as a whole in open session whenever
the Chief Justice shall so direct, or either division shall so order. It
shall sit in banc for the purpose of consulting upon and deciding
cases argued before the court as a whole, and cases which under
the law must be decided by the court as a whole ; and it may sit in
banc for the purpose of consulting upon and deciding any and all
other cases. The sessions in banc shall be held at such times as may
be agreed upon by the Justices, or as may be directed by the Chief
Justice.
§ 6297. Rule 34. Orders in chambers. — The court may at any
time when in consultation, by appropriate order, direct that any case
or cases be argued or reargued before it as a whole ; in which event
due notice shall be given to the counsel concerned.
Either division niay, when in consultation, pass any order nec-
essary to the proper correction or to the completion of any record,
or any other order which may be appropriately passed in chambers,
and which will facilitate the prompt dispatch of business.
xiv. remittitur; rehearing.
§ 6298 (5628). Rule 35. Remittitur; rehearing. — The remit-
titur from this court shall contain the judgment of the court. It shall
be dulv certified bv the clerk, and, unless otherwise ordered, shall be
transmitted to the clerk of the trial court as soon as practicable after
the expiration of ten days from this court's approval of the minutes
containing the judgment, ^o motion for a rehearing will be con-
sidered by this court unless the same is filed in the office of the clerk
thereof during the term at which the judgment sought to be reviewed
was rendered;, and before the reraittitnr in the case to which said
motion relates has been forwarded to the clerk of the trial court. The
87 PART L, TITLE X. §§6299-6305
Admission to the bar.
certificate to every remittitur shall state the amount of costs taxed in
the case and by whom paid. (As amended, Febru ry and March,
1900.)
XV. REPORT.
§ 6299. Rule 36. Report, when filed. — Twenty-four hours prior
to the call of any case upon the docket for argument, the reporter
shall file a report of such case with the clerk, for use by the members
of the court and the counsel interested. The reporter shall note en
each report the date of filing the same, and make a similar note in his
docket or list of cases.
§ 6300. Rule 37. Mistakes or deficiencies. — On or before the call
of a case, counsel for the parties respectively may submit in writing
any suggestions they think proper, pointing out mistakes or deficien-
cies in the report. The suggestions must be brief and pointed in ex-
pression, and refer to the pages of the record which are relied upon
for vindicating their truth.
XVI. RULES; COX TEMPT.
§ 6301. Rule 38. Breach of rules. — Any breach of one or more of
the foregoing rules by counsel, whether intentionally or by inexcus-
able negligence, will subject the offender to be dealt with for con-
tempt.
TITLE X.
ADMISSION TO THE BAR.
§6302. Board of examiners, appointment of. — It shall be the a. 1897, p.
duty of the Justices of the Supreme Court to appoint a board of three a. i898, p.
examiners, designating one of their number as its chairman, whose 83'
powers and duties shall be as hereinafter declared and the members
of which shall be learned and experienced attorneys at law of gen-
erally recognized ability and integrity.
§ 6303. Term of office, vacancies, etc. — The first appointment a. 1897, p.
shall be for the terms respectively, of two, four and six years, from a.8i898, p.
the first day of January, 1899. All subsequent appointments, ex- 83-
cept to fill vacancies, which said Justices are hereby authorized to do,
shall be for full term of six years, and each member of the board shall
hold his office until his successor shall have been elected and qualified.
§ 6304. Oath of members. — Each member of. said board shall, a. 1897, p.
before any officer authorized by law to administer an oath, take and a. 1898, p.
subscribe an oath to faithfully, carefully and impartially perform
all the duties imposed upon him by this Act, and by the rules here-
inafter provided for, which oath shall be entered upon the minutes
of the Supreme Court.
§ 6305. Applicants for admission. — Any male person desiring to a. 1897, p.
become a member of the bar of this State shall make a written appli- 5'
§§6306-6309 PART L, TITLE X. 88
Admission to the bar.
a. 1898, p. cation, to a judge of any superior court, accompanying the applica-
tion with the certificate described in the second section of this Act.
a. 1897, P. §6306. Examination of applicants. — Each applicant, except as
a. 1898, p. provided in section 3 of this Act, shall submit to an examination in
writing, which shall be prepared by the Board of Examiners, cov-
ering all the topics and subjects a knowledge of which is, under
existing laws, requisite to admission to the bar. Said board
shall pass upon the merits of each examination, and as to each appli-
cant determine whether or not he is qu alined to plead and practice
:n the several courts of this State other than, the Supreme Court, ad-
mission to the bar of which shall be governed by existing laws. The
meetings of said board shall be regulated by the rules for the making
of which provision is herein made. All examinations of applicants
shall, in accordance with said rules, be conducted under the super-
vision of the judges of the respective superior courts. Each appli-
cant shall sign his examination paper by number, and, in a sealed
envelope accompanying said paper, shall state the number he has
adopted, so that his name shall not be known until after the Board
of Examiners have passed upon the question of his admission or re-
jection. Each applicant, before presenting his application to the
judg!j, shall remit to the Chairman of the Board of Examiners the sum
of fifteen dollars, and shall exhibit his receipt for same to said judge,
and, out of the fund thus arising, said Board of Examiners shall pay
all the expenses incurred in carrying this Act into effect, and shall
divide the balance equally among themselves as compensation for
their services.
a. 1897, p. §6307. Certificate of character. — Each candidate for member-
a. 1898, p. ship shall accompany his [application] with a certificate from two
practicing members of the bar of the State of Georgia as to his moral
character, and those certifying to such character shall further state
in said certificate that they have examined the applicant upon the
various branches of the law and deem him qualified for admission
to the practice of the law. Said certificate of character and qualifi-
cation shall be sealed with the number assumed by the applicant, so
that said name shall not be disclosed until after the grading of such
examination. t
a. 1897, p. § 630S. Law school graduates, etc. — ISTo person shall be admitted
a. 1898, p. to the practice of the law in this State excepting under the examina-
tion herein provided for, but this Act shall not apply to those who
have received diplomas from any law school of this State authorized
to issue diplomas to students of law, nor shall this Act apply to those
who have been admitted to the practice of law in other States which
by comity admit to practice the duly licensed lawyers of this State.
a. 1897, p. § 6309. License, how granted. — All male persons who have suc-
cessfully passed the examination, with a proper certificate from the
a.q1898. p. [Board of Examiners] to that effect, may be duly licensed to practice
law in this State upon taking the oath now provided by law, and may
83.
89 PART I., TITLE X. §§6310, 6311
Admission to the bar.
receive a license to practice upon presentation of said certificate to
the clerk of the superior court of his residence upon the payment of
the fee now provided.
§ 6310. Bules to he prescribed by Supreme Court. — The [Justices A.gi897)P.
of the] Supreme Court shall have the power to pass such rules as may a. 1898, p.
Le necessary to carry into effect the provisions of this Act.
§ 6311. Rules for admission to the bar.
Order appointing Board of Examiners.
Supreme Court of the State of Georgia,
Atlanta, Ga.; December 20, 1S98.
The following order was passed:
In the exercise of the appointing power conferred by the act of the
General Assembly, approved December 19, 1898, as to a Board of Ex-
aminers to pass upon applications for admission to the bar, it is
ordered that said board shall consist of Washington Dessau of Bibb,
Joseph R. Lamar of Richmond, and Joseph A. Cronk of Chatham.
The first named is hereby designated as the Chairman of said Board,
and is appointed for a term of six years, the second named is ap-
pointed for a term of four years, and the third named for a term of
two years from the first dav of Januarv, 1899.
It is further ordered that this order be entered upon the minutes
of the Supreme Court of Georgia, and that a copy of the same be
furnished to each member of said board.
Signed by each of the Justices, except Little, J., who was absent.
Atlanta, Ga._, December 21, 1900.
In the exercise of the appointing power conferred upon the Jus-
tices of the Supreme Court of Georgia by the Act of December 19,
1898, as to a Board of Examiners to pass upon applications for ad-
mission to the bar.
It is ordered that Joseph A. Cronk, of Chatham, whose term will
expire on the 1st day of January, 1901, be, and he is hereby, re-
appointed as a member of said board for the full ter mof six years
from the date last mentioned.
It is further order that Washington Dessau remain Chairman of
said board until otherwise ordered.
Let this order be entered upon the minutes of said court and a
copy of the same be furnished to each member of said board.
T. J. Simmons^ Chief Justice,
Sam'l Lumpkin, P. J.,
Wm. A. Little, Associate Justice,
Andrew J. Cobb, Associate Justice,
Henry T. Lewis, Associate Justice.
[Note. — Mr. Justice Fish was absent when this order was passed.]
6311 PART L, TITLE X. 90
Admission to the bar.
THE RULES
For carrying into effect the provisions of the foregoing law, as
prescribed by order passed on January 9, 1899, and as amended by
order of July 24, 1899.
1. List of questions; precautions to insure secrecy. — The Board
of Examiners shall, at least ten days before each day for ex-
amination, hereinafter designated, prepare a list of questions
consecutively numbered and differently arranged from the list used
in any previous examination, and covering "all the topics and sub-
jects a knowledge of which is, under the existing laws, requisite to
admission to the bar/' and the Chairman shall cause a sufficient num-
ber of copies thereof to be printed in time for use as hereinafter pre-
scribed. He shall exercise the greatest possible care to prevent a
single copy of these questions being left in the hands of the printer,
whom he is hereby authorized to select, or from f allins; into the hands
of any person whomsoever, execept as hereinafter provided.
2. Application for admission; time and place of examination. —
Every applicant for admission to the bar who is required to
submit to an examination must present his application, and the cer-
tificate by which the law requires the same to be accompanied, to
the Judge of the Superior Court in a circuit of which the applicant
is a resident, or in which he has read law. Such application must be
presented at least ten days before that one of the examination days
herein prescribed upon which such applicant desires to be exam-
ined , and he must also exhibit to the Judge the receipt of the Chair-
man of the Board of Examiners for fifteen dollars, as the law directs.
The Wednesdays next after the second Mondays of March and De-
cember in the year 1899, and the Wednesdays next after the second
Mondays of June and December of each succeeding year are hereby
designated as the times when the examinations shall take place. The
place in each circuit at which the same are to be had shall be fixed
by the Judge, and he shall give to each applicant notice thereof when
his application is presented. Each examination shall commence not
later than nine o'clock a.m., and shall be concluded by the end of
the day fixed therefor, !N"o examination paper commenced on a day
other than the day for examination, or that may be commenced on
but concluded after the day for examination, shall be considered by
the Board of Examiners.
"Whenever in advance of the arrival of an examination day a
judge of the superior- court is aware that he will be prevented by
providential or other unavoidable cause from attending at the place
fixed by him as above provided, he may, if able, procure some other
judge of the superior court, before whom no applicants are to be
examined on that day in his own circuit, to attend and serve in the
place of the absent judge ; and in that event, the nonresident judge
shall have all the powers and discharge all the duties devolving upon
the resident judge." (As amended November 29, 1900.)
91 PART L, TITLE X. §6311
Admission to the bar.
3. Printed list of questions to be securely kept; copies furnished
to Judges. — After each list of questions provided for in Rule 1 shall
have been printed, all the copies thereof shall be forthwith delivered
to said Chairman, who shall keep the same in a safe place, not allowing
any person whomsoever, except as in these rules provided, to obtain
any information as to their contents.
Immediately after the expiration of the time within which, rela-
tively to a particular examination day, applications may under the
preceding rule be presented, each Judge of the Superior Court shall
?nake upon said Chairman a requisition for the number of copies of
said questions which will be needed to conduct the examinations of
the persons whose applications shall have been presented to said
Judge, and said Chairman shall forward to Kim, by express or regis-
tered mail, securely sealed, the number of copies demanded ; and it
is hereby enjoined upon the Judges to keep the same carefully and in
such manner as to absolutely prevent any inspection thereof, After
the times prescribed in the preceding rule for examinations to take
place shall have passed, all unused copies of said questions in the
hands of any Judge shall be promptly destroyed, without allowing the
same to be inspected by any person whatever.
4. Mode of conducting examinations. — The examination of each
applicant shall be begun by delivering to him a copy of the
questions and calling his attention to the oath he must take,
as hereinafter prescribed. Each applicant shall then write
legibly and neatly with ink on white paper his answer to each
and every question, numbering the answers so as to correspond with
the questions, and writing upon one side only of each sheet; and
when he shall have finished, shall date the paper and sign the same
with a number selected bv himself from a list of twentv or more num.-
bers which shall be handed to him for this purpose by the Judge,
who shall take care to see that no applicant is furnished with a* list
having thereon any number which appears upon the list delivered to
any other applicant.
Every examination must be in the presence of the Judge, provided
that he may, while temporarily absent from the room in which the
same is taking place, designate a member, or members, of the bar to
preside until his return. It is hereby made incumbent upon the
several Judges, and upon those for the time being acting in their
stead, to have all examinations conducted in strict accord with both
the letter and the spirit of these rules,
5. Oath of applicant. — After signing his examination paper with a
number as above provided, each applicant must take and subscribe
before the Judge the following oath:
"I do solemnly swear that I never saw, until handed to me by
the Judge, the list of questions upon which I have been examined in
connection with my application for admission to the bar, nor a
copy thereof; that I had not, before my examination, received any
6311 PART L, TITLE X. 92
Admission to the bar.
information as to the contents of said questions; and that I did not,
while said examination was in progress, use or refer to any memoran-
dum of anv kind, or receive, direct.lv or indirectlv, from anv source
whatever, any suggestion, aid, or assistance in answering said ques-
tions, but that I wrote each and everv answer exclusively from knowl-
edge derived from a previous study of the law. I do further swear
that I have not made or retained any copy, or memorandum, of any
portion of said questions. I do further swear that T have made and
written the foregoing answers within the time prescribed by the
rules/'
And no examination paper shall be considered by the Board of Ex-
aminers unless such examination paper is accompanied by the fore-
going affidavit.
6. Each application for admission to the bar, the attorney's cer-
tificate therewith presented, the applicant's above mentioned oath,
and a paper with his number written thereon, shall be by him sealed
in an envelope and left with the Judge, along with the list. of questions
handed to the applicant, and his examination paper, which shall be
carefully folded so as to conceal from view the number thereto signed.
The Judge shall immediately destroy the list of questions, and with-
out inspecting the number affixed to the examination paper, shall at
once forward the same, together with the affidavit of the applicant,
as prescribed in Rule 5, to the Chairman of the Board of Examiners
in a securely sealed envelope, upon which shall be written the Judge's
official signature. Said envelope must be sent by express or registered
mail at the applicant's expense.
7. Passing upon the examination; certificate of Board. — It shall
be the duty of the Board of Examiners to pass upon the merits
of each examination and the question of admitting each appli-
cant to the bar. Eor this purpose they may meet at such times and
places as they may themselves select, bearing in mind that it is hereby
made incumbent upon them to act upon each examination with rea-
sonable promptness. TsTo applicant shall be entitled to admission to
the bar unless he shall satisfactorily answer what is equivalent in
value to seventy (TO) per cent, of the questions propounded, giving
to each question, or series of questions, such value as their relative
importance or difficulty may make proper. After acting on each ex-
amination paper, the Board shall transmit a certificate, together with
the affidavit of the applicant relating thereto, to the Judge from whom
such paper was received. Each certificate shall be signer! officially
by the members of the Board or any two of them. When in the opin-
ion of said Board an applicant has successfully passed the examina-
tion and is qualified for admission to the bar, the certificate shall, be
in the following form :
93 PART L, TITLE X. §6311
Admission to the bar.
Form of certificate.
" Ga 18. .
"It is hereby certified to the Hon , Judge of the Su-
perior Courts of the Circuit, that the applicant for ad-
mission to the bar whose examination paper bears date , and
is signed with the number , is entitled to be licensed to
practice law in this State, upon his taking the oath and paying the
fee prescribed by law. In witness whereof we have hereunto affixed
our official signatures, the date first above written.
" , Chairman Board of Examiners.
" , Member Board of Examiners.
" , Member Board of Examiners."
The form of the certificate when an examination is not satisfactory
to the Board shall be the same as the above, except that the word "not"
shall be inserted between the words "is" and "entitled," and the
words following the word "State" shall be omitted.
8, Judge's duty on receiving certificate. — The Judge below, upon
receiving a certificate, or certificates, from said Board, shall
proceed to open the sealed envelopes left in his custody until
he finds therein the number, or numbers, corresponding with
that, or with those, appearing in such certificate, or certificates,
and shall at once place again under seal all applications, etc.,
which he has removed from their covers and to which such cer-
tificate, or certificates, do not relate, pursuing this course until all
the applications presented to him shall have been disposed of in the
following manner: The Judge shall deliver to each applicant the
certificate from the Board of Examiners referring to him bv his num.-
ber, and, together with the same, all the papers therewith connected;
and whenever a certificate is affirmative in character, shall also de-
liver to the applicant an order in the following form:
Form, of order entitling applicant to be licensed.
"At chambers, day of ... . 18 . .
"Tt appearing from a certificate issued by the Board of Examiners
that , who had presented to me a proper ap-
plication for admission to the bar, is entitled to be duly licensed to
practice law in this State, upon his taking the oath and paying the
usual fee of five dollars, it is ordered that upon his so doing, and
upon his filing with the Clerk of the Superior Court of .... County,
it being the county of the applicant's residence, his original applica-
tion, the certificate of attorneys accompanying the same, the oath
made in connection with his examination, and the said certificate
from the Board of Examiners in which said applicant is referred to
by the number . . . ., said Clerk do issue to him a license, in proper
form, authorizing him to plead and practice law in all the courts
of this State, except the Supreme Court. It is further ordered that
§6311 PART L, TITLE X. 94
Admission to the bar.
all the papers herein directed to be filed with said Clerk, and also his
order and the oath as attorney which said applicant is hereby re-
quired to take, be entered upon the minutes of the Superior Court of
said county and subscribed by the applicant. Said oath shall be ad-
ministered and attested bv said Clerk.
"Judge Superior Court/''
9. Duty of Cleric on receiving such order. — Whenever an applicant
for admission to the bar shall deliver to the Clerk of the Superior
Court of the county of the former's residence such an order as that
prescribed in the preceding rule, and shall comply with its terms,
said Clerk shall proceed as therein directed. The aforesaid proceed-
ings may be entered upon the minutes either in term time or vacation.
10. Publication of Acts and Rules.-— The Board of Examiners
is hereby charged with the duty of having 2,000 copies of
the aforesaid Act of 1897, as amended by the aforesaid Act
of 1898, and of these rules, printed in pamphlet form, 250
of the same to be durably but inexpensively bound. It shall fur-
nish to each of the Justices of the Supreme Court, and to each Judge
and Clerk of the Superior Courts of this State, a bound copy, and an
unbound copy to every practicing attorney or person desiring admis-
sion to the bar, who may apply for such copy. Said Board shall from
time to time contract for the printing and binding of additional
copies as the same may be needed.
11. Expenses, how paid. — All expenses incurred in carrying said
amended Act and these rules into effect shall be paid by said Board
out of the fees paid by applicants for admission to the bar, and the
balance of the fund realized from said fees, shall, as in said Act di-
rected, be appropriated to paying the members of said Board for their
services.
[The order prescribing the foregoing rules was signed by all the
Justices, except Simmons, C. J., who was absent. The order amend-
ing the same was signed by all the Justices.]
95 PART L, TITLE XL— CHAPTER I. §§6312-6317
Education and charitable institutions.
TITLE XL
EDUCATION AND CHARITABLE INSTITUTIONS.
Cliap. I. Public Schools.
Chap. II. University of Georgia.
Chap. III. Technological School.
Chap. IV. School for the Deaf.
Chap. V. Charitable Institutions.
CHAPTER L
PUBLIC SCHOOLS.
§ 6312. County School Commissioners. — County boards of educa- A.i896, p.
lion in counties having a population of more than sixty thousand in-
habitants, shall be authorized and empowered to pay the county
school commissioners of such counties such salary in lieu of a per
diem as the said county boards of education shall fix, not to exceed
the sum of eighteen hundred dollars per annum.
§ 6313. Seals to be furnished to County Boards. — The State School a. i897, p.
. .92
Commissioner shall furnish to each county school commissioner in
this State a seal that shall be known as the seal of the board of edu-
cation of the county for which it is furnished.
§ 0311. License of teachers under seal. — It shall be the dutv of A- 1897- p-
° 92.
every county school commissioner in this State to place upon all
teachers' license issued by them the seal of the board of education of
the county for which they are commissioner.
§ 6315. Seals, how paid for. — To defray the expenses of furnish- a. 1897, p.
ing said seals to the county school commissioners the State School
Commissioner is authorized to charge the amount to the expense ac-
count in which other supplies furnished county school commissioners
are charged.
§ 6316. Scholastic month defined. — Twenty school days shall con- A 1896j p
stitute and be deemed and treated as a scholastic month in all the pub- 82-
lie schools of this State.
§ 6317. School boohs; Board may purchase. — In order to prevent a. 1897, p.
excessive rates of charges for school books that may be used in any
of the common or public schools of the State, the county boards of
education of the several counties of the State of Georgia shall be,
and they are hereby, authorized to purchase directly of the publishers
such books as may be needed or adopted for said schools of their
respective counties, and said board shall have authority to supply the
same to the patrons and pupils of said schools at cost, or at such
advance thereon as shall be sufficient to defray the expense of hand-
ling. Said board shall have power to contract with local merchants
90.
90.
6318-6323 PART L, TITLE XL— CHAPTER I. 96
Education and charitable institutions.
or others for the supply of said books to be retailed at stipulated
prices, and, if deemed necessary, they shall require such merchant
or other person so contracted with to give bond in such sum as the
board may determine to be necessary, in each instance, for the faith-
ful performance of said contract.
a. 1897, p. § 6318. Repurchase by Board. — The several county boards that
may purchase books as above provided, or such merchant or other
person with whom they may contract for the purchase and retail
sale thereof, may have authority to repurchase such books from any
child, its parent or guardian, who may desire to change his or her
residence to a different county of this State, if thereby the said child
should be required to procure other and different books, a proper
percentage of deduction being made in each instance for wear and
tear of books so repurchased.
A.^i897, p. § 6319. Renting books to pupils. — In cases where said Boards of
Education shall purchase the books needed in said schools under their
control, as herein provided for, they may rent the same to the pupils
at such fees or for such charges as they may deem just and proper,
and the boards may make all proper rules to insure the payment of
said fees and charges and proper care in the preservation of said
books.
a. 1897, p § 6320. Contracts to be filed with State School Commissioner. — The
several countv boards of education shall file with the State Board of
Education copies of all contracts for school books now existing within
thircy days from this Act ; and copies of all future contracts for school
books entered into by said county boards shall likewise be filed with
said State Board within ten davs after the same have been entered
into.
a. 1897, p. § 6321. Contracts for supply of boohs; term of. — ~No county board
of education shall be allowed to change or renew any contract for the
supply of school books before the expiration of five years from the
time that such a contract may be made as above provided for, with-
out first giving sixty days' notice of the intention so to change or re-
new said contract in one or more of the newspapers published in the
county in which such change or renewal is to be made, and if no neAvs-
paper is published in said county, then by publishing said notice in
the newspaper in which the advertisements of sheriff's sales for said
county are published ; sixty days' notice of such intended change
or renewal shall also be given by said county board to the publishers
or dealers with whom the contract at the time thereof may be of force ;
and no county board shall make such change or renewal except on a
vote of three-fourths of its members present in session should such
change be desired at any time during the five years covered by origi-
nal contract.
a. 1897, P. §6322. Reports of County Boards. — [Repealed].
a. 1897, p. § 6323. Cities and towns may exercise same powers. — The several
E'90* boards of education of the cities and towns of the State may, if they
90.
90.
97 PART L, TITLE XI.— CHAPTER 1. §§6324-6329
Education and charitable institutions.
severally or any of them so desire, exercise any or all of the powers
bv this Act conferred upon the boards of education of the counties
of the State ; and in such event, the terms of this Act, so far as neces-
sary to carry into effect the action of such city and town boards of
education, are hereby made applicable.
§ 6324. Examination of teachers. — All students or graduates of A.i899.p.
any school, college or other institution of learning be required to
stand an examination as now prescribed by the general common school
laws of this State before the county school commissioner of each
county in this State in which they. desire to teach and get a license
from the county school commissioner before being permitted to teach
in the common or public schools of such county ; provided, that noth-
ing herein contained shall be construed to invalidate any license to
teach in the. schools of this State now held by any person.
§ 6325. Certificate or diploma not entitle to teach. — All laws and A5J899> p-
parts of laws authorizing and entitling any student or graduate of any
school, college or other institution of learning to teach in the com-
mon or public schools of this State on the certificate or diploma from
any school, college or other institution of learning or the officers
thereof are repealed.
§ 6326. Georgia Normal School Graduates licensed to teach. —
[See § 6334 below.]
§ 6327. Payment of teachers monthly. — The transfer of public A7J898> p-
school funds to the credit of each county, on the State Treasurer's
books, shall be made on the first day of each month instead of on the
31st day of March2 the 30th day of June, the 30th day of September,
and the 31st day of December, as now provided; and the payment of
said funds over to the several County School Commissioners (and the
disbursements thereof by said County School Commissioners) shall be
made monthly instead of quarterly, as is now provided by law; and
the County Boards of Education shall be authorized to make their
contracts in such a manner that the amounts payable to teachers for
services rendered shall be due and payable monthly instead of quar-
terly.
§ 6328. Terms of Schools, how fixed. — The several County Boards A7J898> p-
of Education of this State shall have full power and authority to de-
fine and regulate the length of the public school terms of their respec-
tive counties.
§ 6329. Teachers, how paid. — In order to make the apportionment ^Jg97, p'
of the school fund as provided by law, and in order to make quarterly
payments to the teachers in the common schools of the State, the
Treasurer of the State is hereby authorized and directed to draw on
the first day of April of each and every year the sum of $400,000
to pay the teachers quarterly, the same to be repaid from the school
fund when the same shall be paid into the treasury.
7— Ga Code
§§6330-6334 PART L, TITLE XL— CHAPTER II. 98
University of Georgia.
TITLE XL
CHAPTER II.
UNIVERSITY OF GEORGIA.
a. 1900, p. §6330, Special Board of Visitors. — In the appointment of the
Jive members of the Special Board of Visitors to the University
of Georgia, the Governor shall provide that two of the members of
said board shall be "Experts" in the theory and in the practice of ag-
riculture and horticulture.
a. 1900, p. § 0331. Act, how long to remain in force. — This Act shall remain
in force and effect as long as "the State College of Agriculture
and Mechanical Arts" may be associated with Franklin College and
the U. S. land scrip fund shall be utilized for the support and pro-
motion of the University of Georgia.
A68898, P" § 6332. Redemption of bonds. — Whenever the trustees of the Uni-
versity of Georgia shall, through their duly authorized agent or
officer, present at the State Treasury for redemption any valid ma-
tured bond of this State as the property of such University, it shall be
the dutv of the Governor to issue such trustees, in lieu of said matured
bond so presented for payment, an obligation in writing in the nature
of a bond, in amount equal to the principal of matured bond, and
falling due fiftv vears from the date of such issue, the same to bear
interest at the rate of "three and one-half" per cent, per annum,
and not subject to be called in for redemption by the State before
that time, nor to be negotiated or transferred by said trustees, said
new bonds or obligations to be payable to the said trustees alone,
and to be issued under the great seal of the State, and signed by the
Governor and countersigned by the Secretary of State. The in-
terest thereon to be paid semi-annually on the first days of January
and July of each year, the terms prescribed by this Act for the is-
sue of such obligations to be fully expressed in the body thereof,
the amount of money necessary to pay the interest on such obli-
gations being herein annually appropriated.
a.^1898, p. §6333. Summer sessions. — The Board of Trustees of the Uni-
versity of the State are hereby authorized to operate regular summer
sessions of the University of Georgia, in graduate courses and work
closely related thereto, including Psychology and the History and
Philosophy of Education, for the special benefit of the white teach-
ers of the State without regard to sex or age.
a.^1898, p. §6334. Georgia Normal College; graduates licensed to teach.—
All graduates of the formal department of the Georgia Normal and
Industrial College at Milledgeville, Georgia, and all those who may
hereafter graduate therefrom, and upon whom degrees may be con-
ferred by the Board of Directors of said institution, shall be, and are
70.
99 PART L, TITLE XL— CHAPTER II. §§6335-6341
Georgia Military College.
hereby authorized to teach in the public schools of this State without
further examination. The diploma, or such other evidence of grad-
uation as may be granted by said Board of Directors, shall entitle
the holder thereof to a first grade license to teach in the public schools
of this State, and said diploma shall be taken and held to be a first
grade license to teach in the public schools of this State.
GEORGIA MITJTAJIY COLLEGE.
[Xote. — The Act of 1879 is omitted from the Code of 1895, and
will be found set out in §§ 6335-6339, below.]
§6335. Public Buildings in Miliedgeville loaned to Trustees of a. 1879, p.
State University. — The State House and Square, the Executive Man-
sion and premises, and the Penitentiary Square and appurtenances,
at Miliedgeville, are hereby committed and loaned to the Trustees of
the University of Georgia for the purposes hereinafter stated.
§ 6336. Change of name; organization under. — Said trustees shall, a. isto. p.
without needless delay, organize a collegiate college on the above
named property or part thereof, which shall be styled the ["Georgia a. 1900, p.
.Military College"] and shall be a department of the University of
Georgia, and said trustees shall have power to receive donations and
make purchases, prescribe rules and regulations, and to do whatever
else is necessary and proper for the successful establishment and
administration of said college.
§6337. Tuition free; exception. — Tuition in said College shall a. i879, p.
be free to all white males and#females, provided, a matriculation and
library fee, not exceeding ten dollars per annum, may be exacted,
and grades of scholarship may be prescribed by the faculty under
the direction of the Trustees as conditions of admission.
§ 6338. Course of instruction; certificate a license to teach. — The a. 1879, p.
. . .... 91.
course of instruction, in addition to military training, shall be es-
pecially directed (1) to preparation for the higher classes at Athens^
C2) for the business of practical farm life and mining, and (3) for
the profession of teaching. A certificate of proficiency, granted by
the faculty, shall be sufficient license to teach in the State schools.
§ 6339. Donation to College. — The city of Miliedgeville is hereby A. 1879, p.
authorized to make to said College a donation of land, or in lieu 91*
thereof,- an annual cash endowment.
§ 6340. Teachers, examination of. — The trustees of said college a. 1900, p.
shall examine and pass upon the qualifications of the teachers em-
ployed in the grades wherein are taught the pupils entitled to receive
the benefits of the common school fund, and no examination by the
county school commissioners or other common school authority shall
be requisite or necessary to qualify and entitle such teachers so to
•teach.
§ 6341. School Fund. — It shall be the duty of the county school A.gi9oo,P.
commissioner of Baldwin county, and he is hereby required to pay
over to the treasurer of the board of trustees of said college that
§6342-6346 PART L, TITLE XL— CHAPTER III. , 100
Technological School.
portion of the public school fund to which it may be entitled under
the law and that may be apportioned to said college by the county
board of education of Baldwin countv.
TITLE XL
CHAPTER III.
TECHNOLOGICAL SCHOOL.
a. 1899, p. § 6342. Meeting of Local Board of Trustees. — It shall be the duty
of the local Board of Trustees in charge of the Technological School
to meet at least once in every three months in the city of Atlanta,
in order to examine into, regulate and direct the affairs of the school,
and supervise the finances of the same.
a. 1899, p. § 6343. Report of local Board. — The report to be made by the
chairman of said Local Board to the Governor, shall be filed with the
Governor at least ten days before the opening of the session of the
General Assembly in each year. Said report shall exhibit the number
of teachers and other employees, with their names and salaries, con-
nected with the school, during the current year ; a catalogue of the
students with the address of each and the tuition a;id other fees col-
lected from each student ; an itemized statement of the receipts and
expenditures of the school ; a statement showing the disposition of
the products of the shop, and such other matters as may be deemed
of interest to the State.
a v 1899, p. § 6344. Salary of Trustees. — The said Local Board of Trustees
shall be entitled to be paid their actual railroad fare for traveling to
and from the meetings aforesaid, and also the sum of four dollars per
day for each day's service at said meetings. These amounts shall be
paid by the Treasurer of the Board out of any funds available for the
expenses of the school ; said amount not to exceed fifty dollars per
annum, to be paid to any member of -said Board, in any year.
a.^1897, p. § 6345. Textile Department; Appropriation in 1897. — The sum
often thousand dollars ($10,000.00) be, and the same is, hereby ap-
propriated to the Board of Trustees of the University of Georgia, to
be used for the establishment of a Textile Department in connection
with the State Technological School, at Atlanta, Georgia, for the
education of students in matters usually taught in other textile
schools ; provided, that this appropriation shall not become available
until ten thousand dollars, in money or equipment, is donated by
private individuals or others.
a. 1897, p. § 6346. How expended. — Said money shall be expended under
the direction and supervision of the Local Board of Trustees of said
State Technological School, and an itemized statement shall be fur-
nished to the Governor, showing the disposition of the same.
50.
11.
11.
101 PART L, TITLE XL— CHAPTER IV. §§6347-6351
School for the Deaf.
§ 6347. Government of Textile Department. — Said Local Board a. i89r, p.
shall have authority to prescribe rules and regulations for the said tex-
tile school; to provide necessary professors and instructors therein,
and generally to do whatever may be necessary to make effectual the
purposes of this appropriation. The students in said school shall be
entitled to all the privileges and benefits of the classes in the said
Technological School, but the shop course in the Mechanical De-
partment shall not be compulsory on them.
§6348. Textile Department ; Appropriation in 1898. — The sumA-i898,p.
of ten thousand dollars is appropriated to the trustees of the Uni-
versity of Georgia for the support and maintenance of the Textile De-
partment of the Technological School at Atlanta, for each of the years
1899 and 1900 respectively. Said sum shall be paid over to the
treasurer of the University of Georgia on his application for the
same, and by him shall be turned over to the treasurer of the local
Board of Trustees of said Technological School for the use aforesaid.
TITLE XL
CHAPTER IV.
SCHOOL FOR THE DEAF.
§ 6349. School for the Deaf, pupils of. — All persons in the State A.gi896, p.
between the a^es of seven and twenty-five years, who are too deaf
to be educated in the common schools, and who are otherwise in a
condition mentally and physically to receive instruction profitably,
and free from any immoral conduct or contagious disease, shall be
entitled to admission as pupils to all the privileges of the respective
departments of the Georgia School for the Deaf free of cost, to re-
main such a number of school terms or portions thereof as the board
of trustees, upon recommendation by the principal, shall see proper
to grant ; provided, no pupil shall be allowed to remain more than
twelve terms.
§ 6350. Clothing for indigent pupils. — In case parents or guard • A-gJ896' p-
ians are unable to furnish the pupil with such clothing as may be pre-
scribed by the board of trustees, such clothing may be supplied by
the authorities of the school free of cost, upon certificate of the or-
dinary of the county from which the pupil comes, with his official
seal attached, that said parent or guardian is not in a pecuniary
condition to furnish said clothing. All pupils may be furnished
shoes from the shop free of cost.
§ 6351. Railroad fare of indigent pupils. — In cases of great des- a. 1896, p.
titution, which fact shall be made to appear by certificate of the
ordinary of the county under seal from which the pupil comes, the
railroad fare of such pupils coming to and from the school may be
6352, 6353 PART L, TITLES XL, XII. —CHS. V., I. 102
Charitable Institutions; Trust Deeds to Secure Debts.
paid from the support fund of the school: and further, that in case
such pupils have no home to which they can be sent for the vacations,
the board of commissioners of their county or other proper authority
shall make the necessary provision for their care during vacation.
TITLE XL
104.
CHAPTEE V.
CHARITABLE INSTITUTIONS.
A;i898,p. § 6352. Sec. I. Charitable institutions; §§ 2372-2387 applies to
all. - - The laws of the State of Georgia now applicable to charitable
or benevolent institutions for the custody of children, incorporated
under Sections 2372-2387 of the Code of 1895, shall be, and the same
are extended in their operation and made applicable to orphans'
homes and charitable or benevolent institutions incorporated under
the laws of said State prior to the adoption of the Act approved
December 18, 1894, in the same manner and with, the like force and
effect in all particulars and regards that the laws of said State now
apply to, or regulate or control benevolent or charitable institutions
in said State which are incorporated under the provisions of said Act
approved December 18, 1894.
Sec. II. Powers and rights of. — Any special rights, powers or
privileges granted to or vested in any orphans' home or charitable
or benevolent institution incorporated and established under the laws
of said State prior to the adoption of said Act of December 18, 1894
[which is codified in §§ 2372-2387 of the Code of 1895], shall not
be, and the same are not hereby repealed or revoked, but the ad-
ditional rights, powers and privileges pertaining to benevolent insti-
tutions incorporated under the said Act of December 18, 1894, are in
addition conferred upon and given to-the said charitable or benevolent
institutions which were incorporated or established prior to the adop-
tion of said Act of December 18, 1894.
TITLE XII.
DEEDS.
CHAPTEE I.
TRUST DEEDS TO SECURE DEBTS.
a. 1896. p. §6353. Petition for enforcement of. — Whenever any person or
persons have conveyed any real property in this State by deed to a
trustee or trustees to secure the payment of any note or notes or other
103 PART L, TITLE XII. —CHAPTER I. §§6354-6356
Trust Deeds to Secure Debts.
debt owing to one or more persons, the rights of the trustee or trustees
named in said deed, or their successor or successors in estate, as well
as the rights of the holders or owners of the said notes or other debits
in such real property, may be enforced in the following manner:
The trustee or trustees named in said deed, or their successor or
successors in estate entitled to enforce the said deed, may, upon the
request of two-thirds in amount of the indebtedness thereby secured
but not otherwise, petition to the superior court of the county of the
residence of the maker of the deed, or if there be more than one
maker, then in the superior court of the county of the residence of
either, or if the maker or makers be non-residents of the State, then
in the superior court of the county wherein the land or any part
thereof conveyed by said deed is located, or to the city court, if any,
in such county having jurisdiction of the amount claimed in said
petition, which petition shall contain a statement of the case, the
amounts demanded, and a description of the property covered by
said deed to secure such demands ; whereupon, the court shall grant
an order directing the sums demanded in said petition, with interest
and costs, to be* paid into court on or before the first day of the next
term immediately succeeding the one at which such order is granted;
which order shall be published once a week for four weeks in some
newspaper generally circulated in such county, or served on the
maker of said deed, or his special agent or attorney, at least twenty
days previous to the time at which the money is directed to be paid,
in court aforesaid.
§ 6354. Defenses, how pleaded. — When an order for the payment A.^i896, p.
of the sums demanded in said petition has been granted as herein-
before provided for, and the same has been published or served as
hereinbefore required, the maker of the deed sought to be enforced,
or his special agent or attorney, may appear at the term of the court
at which the money is directed to be paid, on or before the first day
of such term, and file his objection to the enforcement of said deed,
and may set up and avail himself of any defense which he might
lawfully set up in an ordinary suit on the debts or demands secured
by such deed, and which goes to show that the petitioner is not en-
titled to enforce the same, or that the amounts claimed are not due;
provided, that the facts of such defense are verified by the affidavit
of the maker of such deed, or his special agent or attorney, at the time
of filing the same.
§6355. Death of maker; proceedings. — When the maker of the a. 1896, p.
deed is dead, the proceedings to enforce the same may be instituted
against his executor or administrator.
§6356. Trial term. — When proceedings to enforce such a deed A< 1896) p.
are instituted and a defense is set up thereto, as hereinbefore pro- 76,
vided, the issues thus raised shall stand for trial at the term at which
the defense is made and be tried as other issues are tried in the court
in which the said proceedings were instituted.
§§6357-6360 PART I., TITLE XII.— CHAPTER II. 104
Deeds to Beneficial Interests.
a. 1896, p. §6357. Judgments, enforcement of; lien. — When the maker of
the deed, after being directed so to do, fails to pay the sums demanded
in the petition, with interest and costs, as hereinbefore required, and
also fails to set up and sustain his defense against the enforcement
of the rights of the trustee and holders or owners of the notes or
debts secured by the deed, the court shall give judgment for the
amounts which may be due under such deed to be levied of said real
property covered thereby, and shall order said real property covered
by said deed to be sold in the manner and under the same regulations
which govern sheriff's sales under execution, upon such trustee's
making and having recorded in the clerk's office of the superior court
of the county where the land lies a deed reconveying said real prop-
erty to the defendant; provided, however, said judgment shall take
lien upon said real property prior to any claim or lien, except taxes,
whatsoever, arising or created subsequent to the date of such deed
to the trustee, if such deed be filed and recorded, as now provided
by law.
a. 1896, p. § 6358. Proceeds of sale; disposition of. — The money arising from
the sale of the property brought to sale under the regulations herein-
before prescribed, shall be paid to the trustee, unless claimed by some
other lien in the hands of the officer which in law may have priority
over the deed ; and when there shall be any surplus after paying the
sums dne under the said deed or other liens, the same shall be paid
to the maker of the deed or his agent.
a. 1896, p. § 6359. Installments, where debt is 'payable in. — If the deed is
given to secure debts due by installments, and is enforced before any
one of the installments falls due, and there is a surplus of funds as
above stated, the court may retain the funds or order the same in-
vested to meet the installments still unpaid.
76.
76.
TITLE XII.
CHAPTER II.
DEEDS TO BENEFICIAL INTERESTS.
a. 1899, p. §6360. Interest deeded for improvement or development. — The
owners of property located in this State may create by deed an estate
therein and in the improvements made thereon, for the benefit of
themselves and such other persons (whether sui generis or not) who
may contribute to the improvement or development of said property,
and their assigns or transferees, provided the deed creating such
estate shall provide for the improvement or development of the
property covered thereby and the trustee or trustees therein named
and their successors shall have some active duty to perform in and
105 PART I,, TITLE XII. —CHAPTER II. §§6361, 6362
Deeds to Beneficial Interests.
about the trust property or the management or control of the same ;
and provided further, that the deed creating such estate shall be
recorded within thirty days from the date of its execution in the
record of deeds in the office of the clerk of the superior court of the
county wherein said property is located. When such an estate is so
created, the legal title to the said property and all the property added
thereto, or substituted therefor, shall vest and remain in the trustee
or trustees named, his or their successors, in accordance with the terms
of said deed, with all the powers conferred thereby upon the trustee,
and shall not during the continuance of the said estate pass to or vest
in the beneficiaries or cestuis que trust, but at the end of twenty-five
years from the date of the deed creating such estate the title of such
of said property as may then belong to said estate shall vest in the
beneficiaries, and if said deed creating such estate so provides, a re-
newal of said estate may be made at the end of said twenty-five years
upon the terms and conditions and in the manner therein set forth
for a like period.
§6361. Certificates of interests by trustees. — When an estate is A. 1399,5.
so created, and from time to time thereafter, the trustee or trustees 57'
shall issue such certificates of beneficial interest as may be provided
by said deed to the persons beneficially interested in such estate, or
becoming so interested therein in accordance with the provisions of
said deed, which certificates shall pass and be transferred as person-
alty and in the same manner as shares of stock in corporations, and
the same shall be subject to levy and sale under attachment or execu-
tion or any other process in like manner as shares of stock. And the
trustee or person in charge of the estate representing the trustee of
said estate shall be subject to the same demand as that provided by
section 5430 of the Code for the levying officer to make upon the
officers of a corporation. And persons having claims against said
estate created as aforesaid may enforce same by suit against the
trustee or trustees thereof in. like manner as suits against corpora-
tions, and service thereof may be perfected by serving the trustee
or trustees, if residents of this State, and if not, then by publication,
and the venue of such suits shall be the same as that of similar suits
against private corporations, but neither the trustees nor the bene-
ficiaries of such estate shall be personally or individually liable there-
for except in cases where officers and stockholders of private corpo-
rations are now liable under the law.
§ 6362. Duties and Powers of Trustees. — The trustee or trustees a. 1899, p.
57
shall have sole and exclusive management and control of the said
property in accordance with the terms and provisions of the deed
creating such estate, and the exercise by the trustee or trustees of any
power granted or conferred by the said deed, including the power to
lease, encumber and sell, when exercised in accordance with the
terms and provisions thereof, shall be as valid and effective to all
intents and purposes as if said trustee or trustees were the sole and
6363-6366 PART L, TITLE XIII. 106
Banks and Banking.
exclnsi ve owners of the said property in his or their own right. The
said trustee or trustees may resign or be removed, and their suc-
cessors appointed in the manner and in accordance with the terms
fixed by the deed creating such estate, and the same rights, powers
and title over and to the said property shall belong to and be vested
in the new trustee or trustees as are conferred upon the original
trustee or trustees by the said deed creating the said estate, and the
death of a trustee shall not operate to cast title upon his heirs, dev-
isees, executors or administrators, but the same shall vest in his
successor when appointed.
A.^i898, p. § 6363. Termination of Trust Estate. — Upon the termination of
the estate created as herein provided the legal title to all the property
belonging to said estate then undisposed of shall pass to and vest in
the persons as shall then be the beneficiaries of said estate, in shares
corresponding with their respective interest as beneficiaries.
73.
73.
TITLE XIII.
BANKS AND BANKING.
a. 1898, p, § 6364. State Banks, Circulating Notes of. — Without unnecessary
delay after the passage of this Act, there shall be issued to the banks
and banking associations of this State, circulating notes upon the
terms and conditions set forth in the following sections of this Act :
A.J898, p. § 6365. How and by whom prepared. — The Governor, the Treas-
urer and the Comptroller-General of this State are constituted a
Commission authorized and required to cause to be engraved
and printed, in a manner best caluclated to guard against
counterfeiting, such quantity of circulating notes, in the similitude
of bank notes, in blank, of denominations not greater than One
Thousand Dollars or less than One Dollar, as they may, from time to
time, deem necessary to carry into effect the provisions of this Act,
and of such form as they may prescribe. Before such circulating
notes, or any portion of the same, are delivered to a bank, they shall
be numbered and registered in proper books to be provided and kept
for the purpose in the office of the Comptroller-General, and shall
be countersigned by him in the presence of one or more of the 'Com-
missioners, so that each denomination of such circulating notes shall
be of the same similitude and bear the uniform signature of such
register.
A.J898, p. § 6366. How issued. — Wherever any bank or banking association
now chartered, or which subsequent to the passage of this Act shall
be chartered by this State, shall make application for such circulating
notes, said commissioners shall issue to said bank an amount of such
notes not to exceed seventy-five per cent, of said bank's paid-up, un-
impaired capital stock, and the notes issued shall be, and they are
73.
107 PART L, TITLE XIII. §§6267-6369
Banks and Banking.
hereby made a first lien, after taxes or money due the State, on the
entire assets of said bank, and said bank shall keep in its vaults at all
times (in addition to the reserve fund now required by law) in legal
tender notes or specie twenty- five per cent, of its outstanding notes,
to insure the prompt redemption of said notes on demand.
§ 6367. Circulated as money. — Such banks or banking associations A,4898> p-
as may comply with the provisions of this Act are hereby authorized,
after securing and signing such circulating notes, in the manner re-
quired by the provisions of this Act, to make them obligatory promis-
sory notes, payable on demand at the place of business within this
State, of such bank or banking association, to loan and circulate the
same as money, according to the ordinary course of banking business
as regulated by the laws of this State.
§ 6368. How payable. — If any bank or banking association, after a.^1898, p.
receiving and putting in circulation such circulating notes, refuses or
delays payment in lawful money of the United States of any such
note put in circulation by it and presented for payment in the usual
hours of business, it shall pay damages to the holder of such note at
the rate of ten per cent, a year for the time during which such pay-
ment is delayed or refused, and the holder making such demand may
make affidavit of the time and file such affidavit in the office of the
Comptroller of the State ; therefore the commissioners shall give
notice in writing to the bank which circulated said protested note,
and if it neglects to redeem the same in lawful money of the United
States for ten days after such notice, said commissioners shall im-
mediately, unless they are satisfied that there is a good and legal
defense against the payment thereof, give notice by publication in
one or more of the public gazettes of this State, one of which shall
be published at the State capitol, that they will proceed to foreclose
the lien given under the provisions of this act upon the entire assets
of said bank, and having realized on said assets by sale or other pro-
cess conformably to the laws of this State, shall apply the net proceeds
of said assets to the payment of all the notes circulated by said bank
in pursuance of and by authority of the provisions of this Act ; and
said commissioners shall adopt and resort to such other measures as
will, in their judgment, most effectually prevent loss to the holder of
said notes. Any sale of said assets shall be conducted publicly, but
only after thirty days' notice of such sale in at least three of the
principal newspapers in the State.
§6369. Plates, dies, etc., custody of. — The plates and dies and a.
materials, to be procured as aforesaid, for the printing, making and
marking the circulating notes provided for by this Act, shall remain
in the custody of the Comptroller-General, under the control and
direction of the commissioners. The expenses necessarily incurred
in executing the provisions of this Act shall be advanced and paid by
the bank or banking association, each for its own, applying for such
notes, and the commissioners are required to charge against and re-
§§6370-6375 PART L, TITLE XIII. 108
Banks and Banking.
ceive from such bank or banking association applying for such cir-
culating notes such rate per cent, thereon as may be sufficient for that
purpose and as may be just and reasonable.
a. 1898, p. § 6370. Amount of notes to be delivered to banks. — It shall not be
lawful for the Comptroller-General to countersign the circulating
notes authorized by this Act for any bank or banking association to
an amount in excess of seventy-five per cent, of said bank's unim-
paired paid up capital stock. If the Comptroller-General violates
the provisions of this section, he shall be deemed guilty of a felony,
and on conviction shall be punished by confinement in the penitenti-
ary for a period of not less than one year or more than five years.
a. 1898, p. § 6371. Notes, how signed. — Before the notes received under the
73, provisions of this Act are put in circulation, they shall be signed by
the President or Vice-President and the Cashier of the bank or bank-
ing association to which they are issued.
a. 1898, p. § 6372. Notes returned by banks to be destroyed. — Any bank may,
73- at any time, return any portion of its circulating notes to the com-
missioners designated in this Act, and they, in the presence of the
cashier or one of the directors of said bank, shall forthwith cause
them to be destroyed, and a certificate thereof showing the number
and amounts of such notes so destroyed shall be entered upon the
proper books of the Comptroller-General, and signed by him and said
cashier or director.
a. 1898, p. §6373. Worn or mutilated notes. — It shall be the duty of the
73- commissioners aforesaid to receive worn out or mutilated circulating
notes of any bank or banking association, which may accept the terms
of this Act, and, after memorandum of the same shall have been
entered by the Comptroller-General in the proper book or books, to
cause the same to be destroyed in their presence, and a record of the
destruction of such worn out or mutilated notes shall be made in the
proper book or books of the Comptroller-General. Thereupon said
commissioners shall deliver in place thereof to such bank or banking
association other circulating notes to an amount equal to those men-
tioned in this section.
a. 1898, p. § 6374. Denomination of notes. — 'No bank shall have in circula-
73- tion at any one time notes in denomination under five dollars to an
amount exceeding one-fourth of its capital actually paid in.
a. 1898, p. §6375. Liability of shareholders. — The shareholders of such
banks as may avail themselves of the privileges of this Act shall be,
and they are hereby, made additionally liable to the amount of the
face Talue of their shares for the circulating notes obtained and cir-
• culated under the provisions of this Act. ~No shareholder shall escape
the liability imposed by this section by any transfer or sale of his
stock, if such transfer or sale is made within sixty days before the
surrender or forfeiture of its charter. No- bank shall be permitted
to avail themselves of the provisions of this Act except those whose
charters conform to all the requirements of this Act.
73.
109 PART L, TITLE XIII. §§6376-6380
B<inks and Banking.
§6376. Diligence of Commissioners. — The chief officers, consti- a. isqs, p.
tuted as a commission under this Act, namely, the Governor, the
Treasurer, and the Comptroller-General of this State, are required
to giv«e diligence to the performance of the duties assigned
them by this Act; failure;, neglect or refusal on the part of the
above named officers to perform these duties shall subject them to all
the pains and penalties now provided by the statutes of this State
for failure, neglect or refusal to perform any other duties provided
for by law.
§ 6377. Redemption of notes. — Every bank or banking association, a. 1898, p.
which shall avail itself of the provisions of this Act, shall make
such arrangements as may be necessary to insure the circulation of its
notes at par in every portion of this State, and to this end shall name,
subject to the approval of the commissioners, one bank in the State
at which the circulating notes of said bank shall be redeemed at par;
provided, that nothing in this section shall relieve any bank from its
liability to redeem its circulating notes, at its own counter, in lawful
money of the United States on demand.
§ 6378. United States tax. — Should the Government of the United a. 1898, p.
73.
States seek to collect the tax of ten per cent, on the circulating notes
of any bank or banking association conducting business under the
provisions of this Act, and said bank or banking association refuse
to pay the same, the president thereof shall immediately notify the
governor of all the facts in the case, whereupon the latter shall at
once instruct and require the Attorney-General instantly to take
whatever legal steps may be necessary to carry the question of the
constitutionality of the said Federal tax of ten per cent, to the Sur
preme Court of the United States for final adjudication.
§ 6379. Obligations payoMe in silver bullion: form and amount a. i897, p.
of. — Any State bank now existing under the laws of the State of
Georgia, or that may hereafter be chartered under the laws of this-
State, may make, sell and deliver to any person or persons, who may
purchase the same, the obligations of said bank in such sums as said
bank may desire; said obligations to be signed by such officer of said
bank as may be designated by it for that purpose and be directed to
such other officer of said bank as may be selected by it. Said obliga-
tions shall be payable to the person or persons purchasing the same,
or bearer, to the amount named in said obligations in merchandise
silver bullion at retail ; said obligations shall not be less than 7 1-12
inches long and 3 1-12 inches wide, and shall not be in similitude, in
color or design of national bank notes or Federal currency ; and shall
be so printed or engraved as to be easily distinguishable therefrom.
Said obligations shall not be issued by any bank to an amount greater
than 50 per cent, of the fully paid-up, unimpaired capital stock of
said bank.
§ 6380. Lien on all the bank's property. — All of the property, a. 1897, P.
both real and personal, of any bank selling obligations of the kind and
§§6381-6385 PART L, TITLE XIII. 110
Uniform Amendment of Bank Charters.
description hereinbefore set forth in paragraph 1 of this Act, shall
be, and the same are, hereby pledged, and a lien is hereby created
thereon, for the payment of the obligations aforesaid in favor of the
holders thereof, and said lien so created on the property of said bank,
both real and personal as aforesaid, is hereby declared to be a prior
lien to any judgment or decree, or lien whatsoever, except taxes due
the State or any county or municipality thereof.
a. 1897, p. §6381. Batik not liable for tax on such issue. — Whenever the
president of any State bank shall notify the Governor that any tax
whatever is sought to be enforced against said bank, by reason of
said bank having taken advantage of the provisions of this Act, it
shall be the duty of the Governor to at once instruct and require the
Attorney-General of the State of Georgia to take whatever legal steps
may be necessary to prevent said bank from the payment of said tax.
a. 1898, p. §6382. Private banks, examination of. — [Act of 1897 p. 59,
repealed.]
UNIFORM AMENDMENT OF BANK CHARTERS.
a.1896, p. § 6383. Provisions of general law incorporated in special charters
by amendment. — Any banking corporation of this State heretofore
incorporated by any special Act of the General Assembly of this
State, shall be entitled to have its said special charter amended, so
as to incorporate therein any provision of the general law for the
incorporation of banks, entitled "an Act to carry into effect para-
graph 18 of section 7 of article 3 of the Constitution of 1877, as
amended in relation to chartering of banks, to provide for the in-
corporation of banking companies by the Secretary of State, and
for other purposes," approved December 20, 1893, and of any amend-
ments of the same now made or which may hereafter be made.
a. 1896, p. §6384. Method of obtaining amendment. — Whenever any bank
may desire to have its said special charter amended, it shall, by reso-
lution of its board of directors, authorize its president to make and
file in the office of the Secretary of State a declaration in writing
signed by said president and given under its corporation seal, des-
ignating the provision in the general law for the incorporation of
banks above referred to, or of any amendment thereof, which it
desires to have incorporated into and made a part of its said special
charter. Such declaration must be accompanied by a copy of the
resolution of the boards of directors and by a statement of the date
of the said charter which it desires to have amended, and of any
amendments thereto, certified by the secretary of the said board of
directors, under the seal of incorporation, and a fee of twenty-five
($25.00) dollars shall be paid at the same time into the treasury of
the State.
a. 1896, p. § 6385. Certified copy of declaration and amendment to be fur-
nished applicant; publication of. — When the declaration is filed in
the office of the Secretary of State as provided in the preceding sec-
tion, it shall be the duty of the Secretary of State, upon the applica-
00.
55.
Ill PART L, TITLE XIV.— CHAPTER L §§6386, 6387
Insurance companies; generally.
tion of said president, to certify and deliver to him a copy of such
declaration and certificate, and it shall be. the duty of the said presi-
dent to cause to be published in the official organ of the county in
which said bank does business, once a week for four weeks, such cer-
tified copy declaration and certificate.
§ 6386. Certificate as to publication; record of. — When said dec- a. 1896, p.
laration and certificate shall have been published as provided in the
third section of this Act, said president may apply to the ordinary of
the county in which said bank does business, to certify the fact of the
publication of said declaration and certificate, and it shall be the
duty of such ordinary to certify the fact of such publication to the
Secretary of State and upon said certificate being filed by the said
president in the office of the Secretary of State, the Secretary of
State shall issue to the said president a certificate of amendment of
its special charter under the seal of the State, certifying that the
designated provision of the general law for the incorporation of
banks has by amendment of said special charter been incorporated
into and made a part of the same ; and that said corporation, in ad-
dition to the powers conferred by its said special charter, has the
capacity and powers conferred by said amendment, and shall then
and there record the declaration, certificate, and certificate of the
ordinary, and certificate of incorporation in the order named.
TITLE XIV.
INSURANCE COMPANIES.
Chap I. Generally.
Chap. II. Foreign Eire Insurance Companies.
Chap. III. Assessment Life Insurance Companies.
Chap. IV. Mutual Insurance Companies, Insuring against loss by
Burglary.
Chap. V. Eraternal Beneficiary Orders.
CHAPTER I.
GENERAEEY.
§ 6387. Capital stock, increase or diminution of. — The- capital A
stock of any fire insurance company organized under the laws of this 76,
State, whether incorporated by special Act of the General .Assembly
or by the Secretary of State under the general law, mayfb# increased
to such an amount as may be desired by the stockholders of -such
company, or said capital stock may be decreased to any^s&m, not less
than one hundred thousand dollars, as may be desired bvCthe-stock-
holders of such company, at a meeting of such stockholders, callej
for the special purpose by order of the board of directors^f^fich
§6388-6390 PART L, TITLE XIV.— CHAPTER II. 112
Foreign Fire Insurance Companies.
company, of which meeting notice shall be given to each stockholder
(or in case of death to his legal representative or heirs at law), per-
sonally or by mail, addressed to his last known residence, at least
thirty days previous to such special meeting, and such increase
or decrease shall be made in such manner as shall have been deter-
mined by the stockholders at. such meeting, it requiring the vote of a
majority in amount of the entire capital stock of such company to
authorize such increase or decrease, and the manner of effecting the
same. If at such meeting of the stockholders, holding the majority
in amount of such 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 company, and a copy thereof,
verified by the president or secretary thereof, shall be filed and re-
corded in the office of the Secretary of the State, and when so filed
and recorded shall become an amendment to the charter of said com-
pany, and a certified copy thereof shall be evidence of all facts therein
contained, in all courts of this State, without further proof; provided,
such increase or decrease shall be approved by the Comptroller-Gen-
eral as ex officio Insurance Commissioner of this State, to be evi-
denced by indorsing his approval on the said verified copy of such
proceedings of said stockholders, which indorsement shall be re-
corded in the office of the Secretary of State, together with said veri-
fied copy, and become a part thereof.
a, 1900, p. § 6388. Registered bonds required to be substituted by all com-
panies.— All insurance and fidelity and deposit companies and fidel-
ity or surety companies which may now have coupon bonds deposited
in the treasury be required to substitute registered bonds for the
same on or before January 1st, 1901.
77.
CHAPTER II.
FOREIGN FIRE INSURANCE COMPANIES.
a. 1896, p. § 6389. Companies not incorporated in this State; contract how.
6L — Eire insurance companies not incorporated by the laws of the State
of Georgia, but legally authorized to do business in this State through
regularly commissioned and licensed agents located in this State,
shall not make contracts of fire insurance on property herein save
through agents of such companies regularly commissioned and li-
censed to write policies of insurance in Georgia ; provided, however,
that this Act shall not apply to property of railroad companies and
other common carriers.
a. 1896, p. §6390. License, prerequisites of. — Before issuing certificate of
license to any fire insurance company to transact the business of fire
insurance in this State, the Insurance Commissioner shall require,
in any case in addition to requirements already provided for by law,
61.
113 PART L, TITLE XIV.— CHAPTER II. §§6391-6393
Foreign Fire Insurance Companies.
that each and every such fire insurance company shall file with him
the affidavit of its president or other chief officer, that it has not
violated any of the provisions of this Act, for the space of twelve
months last past, and that they accept the terms and obligations of
this Act as a part of the consideration of their license.
§ 6391. Investigation as to violations. — Complaint being filed by a. 1896, p.
any citizen of this State that any company authorized to do business
in this State has violated any of the provisions of this Act, the
Comptroller-General shall diligently investigate the matter, and if
necessary examine by himself, or his accredited representative at
the head offices located in the United States of America, and also
such other offices or agents of such companies as may be deemed
proper, all books, records, and papers of the same, and also the officers
thereof under oath as to such alleged violation or violations ; provided,
that before making such examinations the Comptroller-General shall
require the party or parties making complaint to file with him a good
and sufficient bond to cover any expense or cost that may be necessary
in making such examination, and in the event that the insurance
company be found not guilty of a violation of this Act, then said
bond shall be responsible for all the expense incurred by reason of
said investigation. Bat should said company be found guilty of a
violation of this Act, then said company shall be responsible for the
expense thereof.
§6392. Forfeiture of rigid to do business. — Any fire insurance a. i896, p.
company violating any provision of this Act, or refusing to submit to
the aforesaid examination when required, shall forfeit the right to
do business in this State for the next twelve (12) months threafter,
and the Insurance Commissioner shall immediately revoke the license
already issued to said fire insurance company to do business in this
State.
§6393. Failure to pay expenses of examination. — If any such- a. i896, p.
company shall fail or refuse to pay such expense of examination upon
the presentation of a bill therefor by the Comptroller-General,
the said Comptroller-General may issue his fi. fa. against such com-
pany therefor, to be collected out of the property of said company or
its deposit with the State Treasurer, in the same manner as judgments
against insurance companies not chartered by this State, but doing
business herein, and collected. If any company disputes the amount
of such bill and fi. fa., it may contest such amount and its liability
therefor by affidavit of illegality returnable to the superior court of
Eulton county, in the same manner as Comptroller-General's execu-
tions for railroad county taxes can be contested.
8— Ga Code
§§6394-6399 PART L, TITLE XIV.— CHAPTER III. 114
Assessment Life Insurance Companies.
CHAPTER III.
ASSESSMENT LIFE INSURANCE COMPANIES.
§ 6394. "Assessment plan" to be boldly printed. — [See § 6402
below."]
A67897,P' § 6395. Refusal forfeits right to do business. — If any such cor-
poration or association shall at any time fail or refuse to comply with
the foregoing provision, 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.
A._i899, p, g 6396. Insurance and fidelity and other companies; deposits of.
— The State Treasurer, upon demand made upon him by said com-
panies, shall return to insurance and fidelity and deposit companies
and fidelity and surety companies the excess of the deposits now
held by him over and above the deposit now required by law of said
companies.
A548"'p' § A&97. Excess to be returned. — In case the deposit now required
of said companies is lessened by law, the excess of the sum re-
quired by law after such decrease shall, upon demand of said com-
panies, be returned to them by said State Treasurer.
a.^1900, p. g 6398. License to do business; how acquired. — Any corporation
chartered to do a life insurance business on the assessment plan, and
doing business in this State, may, if it so desire, by a compliance with
this Act, be relicensed and authorized to transact a general life in-
surance business in this State, upon filing with the insurance depart-
ment of the State all papers and documents and making the pay-
ments required under existing laws, so far as the same are or may be
applicable to such life insurance companies, and all business there-
after transacted by such corporations, in this State, shall be done in
accordance with and governed by the provisions of the laws of this
State relating to life insurance companies, other than those doing
business on the assessment plan, except as provided in this Act.
a.^1900, p. §6399. Policies and Certificates of. — Every such corporation,
upon complying with the requirements of this Act, is hereby author-
ized to carry out, in good faith, its contracts heretofore made with
its members, but all policies or certificates of insurance heretofore is-
sued by such corporations and now remaining in force, which con-
tain a provision for a payment other than the premium stipulated
therein, and under which the donation of premium payments is co-
equal with the duration of the contract (endowment policies and
endoAvment certificates excepted) shall be valued and reserve main-
tained thereon on the basis of renewable term insurance as fixed by
age, in accordance with the provisions of (§§ 9049-2053 of the Civil
Code K To the reserve liability determined as above, the Insurance
Commissioner shall add the determinate contract reserve under any
other policies or certificates heretofore issued and remaining in force,
115 PART L, TITLE XIV.— CHAPTER III. §§6400-6402
Assessment Life Insurance Companies.
and in the absence of such contract reserve shall value them as con-
tracts providing similar benefits are to be valued under the provisions
of said (§§2049-2053 of the Civil Code); provided, that under.no
policy or certificate shall a greater aggregate reserve liability be
charged than is required by said section.
§ 6400. Reserve required. — No policy or certificate of life insur- A. 190o, p.
ance shall be issued by a company licensed under this Act, in this T4,
State, unless in compliance with the provisions thereof. All policies
of life insurance issued by such corporation, under this Act, whether
or net they contain a provision for a payment other than the pre-
mium specified therein, shall be valued and the reserve maintained
thereon according to the provisions of said section (§§ 2040-2053 of
the Civil Code), and the nature of the insurance as defined in each
policy or contract.
§ 6401. Societies to which foregoing sections apply- — .No laws or A 1900) p>
parts of laws, which relate to the formation of corporations to trans- 74-
act the business of life insurance upon the assessment plan, or which
provide for the regulation of the business of life insurance by such
corporations, shall be applicable to companies doing business under
this Act, except to the extent of permitting the carrying out of con-
tracts heretofore made with members; provided, nothing in this Act
shall be construed to apply to any fraternal beneficiary order or so-
ciety operating on the system of lodges, councils or chapters as denned
bv the laws of this State reffulatiiiff such orders or societies.
§ 6402. Life insurance,, "assessment plan" policies. — Every pol- a. iaw\ p.
icy or certificate issued to a resident of the State of Georgia by any
corporation transacting therein the business of life insurance upon
the assessment plan, or admitted into this State under the assessment
laws of Georgia, shall print in bold type (in red ink) in every policy
or certificate issued upon the life or lives of the citizens of Georgia,
making one of the principal lines near the top thereof the words
["Issued upon the assessment plan," | and the words ["assessment a. 1898, p.
plan''] shall be printed conspicuously (in red ink) in or upon every
application, circular, card, advertisement or other printed documents
issued, circulated or caused to be circulated by such corporation
within the State; [provided, always, that this Act shall apply only a. i898, p.
to any such corporations or associations as shall write or issue policies 9''
or certificates on the post mortem assessment plan, and shall not apply
to any such corporations or associations as shall only issue policies
of life insurance under which the premiums are stipulated and made
payable at fixed periods in advance, and which have a stated reserve
to protect their policies.
6403-6405 PART L, TITLE XIV.— CHAPTER IV. 116
Mutual Insurance Companies, insuring against loss by burglary.
64.
64.
CHAPTER IV.
MUTUAL INSURANCE COMPANIES, INSURING AGAINST LOSS BY
BURGLARY.
a. 1897, p. § 6403. License to do business. — Any insurance company organ-
ized and incorporated on the mutual plan under the laws of this
State and any other State of the United States for the purpose of
insuring against loss or damage resulting from burglary and rob-
bery or attempt thereat, and insuring against the loss of money and
securities in course of transportation when shipped by registered mail,
shall be admitted and licensed to do business in this State as here-
inafter provided.
a. met, p. § 6404. Conditions prerequisite. — Before any such company shall
be permitted and licensed to transact business in this State it shall
have in force five hundred (500) or more policies on which the pre-
mium shall have been paid in cash, or shall be evidenced by the writ-
ten contracts of the policy-holders, on which not less than one-fifth
(J) of the amount shall have been paid in cash, and the cash and
net face value of contracts for premiums on hand shall amount to a
sum of not less than fifty thousand ($50,000). The premium con-
tracts so held shall constitute a part of the assets of the company.
Aui897, p. § 6405. Copy charter and Statement to be filed; impaired reserve.
— Every such company, association or partnership shall file in the
office of Commissioner of Insurance a certified copy of their charter
or deed of settlement, together with a statement under oath of the
president and vice-president and secretary of the company for which
he or they may act, stating the name of the company and place where
located, a detailed statement of its assets, showing the number of
policy-holders, aggregate amount of premium contracts, the amount
of cash on hand in bank or in the hand of agents, the amount of real
estate and how the same is incumbered by mortgage, the number of
shares of stock of every kind owned by the company, the par and
market value of the same, amount loaned on bond and mortgage,
the amount loaned on other securities, stating the kind and the amount
loaned on each, and the estimated value of the whole amount of such
securities, and any other assets or property of the company; also stat-
ing the indebtedness of the company, the amount of losses adjusted
and unpaid, the amount incurred and in process of adjustment, the
amount, resisted by the company as illegal and fraudulent and all
other claims existing against the company; also a copy of the last an-
nual report, if any, made under any law of the State by which such
company was incorporated ; and no agent shall be allowed to trans-
act business for any such company whose reinsurance reserve, as
required in this Act, is impaired to the extent of twenty per cent,
thereof while such deficiency shall continue. JSTor shall it be lawful
117 PARTI., TITLE XIV.— CHAPTER IV. §§6406-6408
Mutual Insurance Companies, insuring against loss by burglary.
for any agent or agents to act for any company or companies referred
to in this Act, directly or indirectly, in taking risks or transacting the
business of burglary and robbery insurance or the insurance of the
safe shipping of money and securities by registered mail in this
State, without procuring from the Commissioner of Insurance a
certificate of authority, stating that such company has complied with
all the requisitions of this Act which apply to such companies, and the
name of the attorney appointed to act for the company.
§ 61-06. Restrictions on business; reserve, etc. — Any company per- A. 1897i p.
mitted and licensed to transact business in this State under this Act 64,
shall confine its line of business to that stated in (§ 6408 above),
and shall confine its business in this State to banks, bankers,
loan companies and county treasurers, and shall not issue any
policy or policies to any persons, firms or corporations in this State
other than banks, bankers, loan companies and county treasurers.
Every such company shall set aside a reinsurance reserve of fifty
per cent, of its premiums, whether collected in cash or represented by
obligations of the policy-holders, as written in its policies ; this re-
insurance reserve to be maintained so long as the risk is in force.
§6407. Liability of policy-holders. — Policy-holders of any com- a. i897, p.
pany permitted to transact business in this State under this Act shall 64,
be held liable to pay the membership fee and premium on their in-
surance as paid or contracted to be paid at the time the policy is
taken out or the risk begins, and shall not be held liable for any other
or further assessments or claims on the part of the company or its
policy-holders. The membership fee and premium agreed upon
may be collected in cash at the time the policy is issued or evidenced
by a written obligation of the policy-holder as may be agreed upon
by the company and the policy-holder. Such payment or obligation
shall be the limit of the liability of the policy-holder to the company
for premium on their insurance.
§ 6408. Attorney to be appointed on whom process may be served, a. 1897, p.
— It shall not be lawful for any insurance company, association or
partnership incorporated by or organized under the laws of any other
State of the United States, for any of the purposes specified in this
Act, directly or indirectly, to take risks or to transact any business
of insurance in this State, by any agent or agents in this State, until
it shall first appoint an attorney in this State on whom process of law
can be served, and file in the office of the Insurance Commissioner
a written instrument, duly signed and sealed, certifying such ap-
pointment, which shall continue until another attorney be substi-
tuted, and any process issued by any court of record in this State,
and served upon such attorney by the proper officer of the county
in which such attorney may reside or may be found, shall be deemed a
sufficient service of process upon such company, but service of process
upon such company may also be made in any other manner pro-
vided by law.
6409-6412 PART L, TITLE XIV.- CHAPTER V. 118
Fraternal Beneficiary Orders.
a. 1897, p. § 6409. Annual statements. — The statement and evidences of
membership, assets and investments required by (§ 6405 above),
shall be renewed from year to year in such manner and form
as may be required by said Insurance Commissioner, with an ad-
ditional statement of the amount of premiums received in this State
during the preceding year, so long as such agent continues, and the
said Insurance Commissioner, on being satisfied that the membership,
assets, securities and investments remain secure, as heretofore men-
tioned, shall furnish a renewal of the certificate as aforesaid, upon
the payment to the State at the time of filing the statement here pro-
vided for and a fee of five dollars for each corporation, and twenty-
five dollars for each foreign corporation.
a. 1897, p. § 6410. Penalty for violations. — Any violation of any of the pro-
64, visions of this Act shall subject the party violating the same to a
penalty of not less than one hundred dollars ($100.00) or more than
five hundred dollars ($500.00).
CHAPTER V.
FRATERNAL BENEFICIARY ORDERS.
a. 1900, p. § 6411. Definition of; powers, etc. — A fraternal beneficiary order,
71.
association or society is hereby defined to be a corporation, society or
voluntary association which has no capital stock, but is formed or
organized and carried on for the benefit of its members and their
beneficiaries, and having a representative form of government and a
lodge system, with ritualistic form of work for the meeting of its
lodges, chapters, councils, or other designated subordinate bodies,
and the benefits, insurance, charity or relief shall be payable by a
grand or supreme body of the same, excepting sick benefits, which
may also be paid by local or subordinate bodies. Such grand or
supreme bodies may be composed of its officers, incorporators, rep-
resentatives elected by local, district or grand bodies, past officers
and standing committees. Such orders or associations may make
a constitution, by-laws, rules and regulations consistent with the
existing laws of the State, for the government of all under its au-
thority, for the management of its properties and the due and orderly
conduct of its affairs.
a. 1900, p. § 6412. Death or sick benefits. — Such orders or associations may
make provision for the payment of benefits in case of death, sickness,
temporary or permanent physical disability, either as the result of
disease, accident or old age ; provided, the period of life at which pay-
ment for old ages commences shall not be under seventy years. Any
such order or association may also accumulate, maintain, apply or
disburse among its membership a reserve, emergency or other funds,
as may be provided in its constitution and laws: provided, however.
71.
119 PART L, TITLE XIV.— CHAPTER V. §§6413-6418
Fraternal Beneficiary Orders.
that no profit or gain shall be added to the payments made by a mem-
ber.
§ 6413. Assessments. — The funds from which the payment of a. 1900, p.
benefits shall be made, and the funds from which the expenses shall
be defrayed, shall be derived from assessments, dues or other pay-
ments collected from its members, as may be provided by the constitu-
tion or by-laws of such order or association.
§ 6414. Payments of death benefits. — Payment of death benefits a. 1900, p.
shall be to families, heirs, blood relatives, affianced husband or af- 71'
fiancee! wife of, or to persons dependent upon the member, as may
be designated by the member.
§6415. Law of such associations. — Such orders or associations A,7J900' p-
shall be governed by this Act, and shall be exempt from the provis-
ions of the insurance laws of this State, and no law hereafter passed
shall apply to fraternal beneficiary orders or associations unless it is
expressly designated therein.
§6416. Existing associations, reports of. — Any fraternal bene- A- J900-?-
ficiary order, association or society of this or any other State, district,
province or territory, now having members, or any lodge, chapter,
councils or subordinate branch duly established and organized in this
State, may continue its operations and business in this State ; pro-
vided, that it hereafter complies with the provisions of this Act reg-
ulating annual reports, and the designation of the Insurance Com-
missioner as the person upon whom process may be served, as herein-
after provided.
§ 6417. Associations of other States. — Any fraternal beneficiary a. i9oo, p.
order, association or society coming within the description as set
forth in (§6411 above), organized under the laws of any other
State, province, district or territory, not now having lodges,
councils, or other bodies, or members in this State, shall be permitted
to do business within this State when it shall have filed with the In-
surance Commissioner a certificate from the official in charge of
insurance matters in its home State of incorporation that it is au-
thorized to transact business therein as a fraternal beneficiary order
or association; also a duly certified copy of its charter and articles
of association, and a copy of its constitution and laws, certified to by
its secretary or corresponding officer, together with the appointment
of the Insurance Commissioner as the person upon whom legal pro-
cess may be served as hereinafter provided.
§ 6413. Exports of associations. — Every such corporation, society
order or association doing business in this State shall, on or before Vi.
the first day of March each year, make and file with the Insurance
Commissioner a report of its affairs and operations during the year
ending the thirty-first day of December immediately preceding, which
annual report shall be in lieu of all other reports required by any
other law. Such reports shall be made on blanks provided by the In-
surance Commissioner, and shall be verified under oath by the duly
§§ 6419-6422 PART I., TITLE XIV.— CHAPTER V. 120
Fraternal Beneficiary Orders.
authorized officers of any such order, and shall be published, or the
substance thereof 2 in the annual report of the Insurance Commis-
sioner under a separate head, entitled " Fraternal Beneficiary So-
cieties.''
a.^1900, p. g 6419. Service on such associations. — Each such corporation, so-
ciety or association now doing, or hereafter admitted to do, business
in this State, and not having its principal office within this State, and
not being organized under the laws of this State, may be served with
each and all processes of law, whether mesne or final, in any action
or special proceedings against said corporation, society or associa-
tion as follows: The party in whose favor suit is being brought,
through his attorney at law shall notify in writing the Insurance
Commissioner of Georgia of his intention to bring such suit or action,
and request the said Insurance Commissioner to appoint some resi-
dent of the county of the residence of said plaintiff in said case, and
it shall be the duty of the Insurance Commissioner immediately to
appoint some resident of said county to accept service of process in
all cases in the name of the said corporation, society or association ;
and the said service, when so made, shall be deemed and held and
accepted by said corporation, society or association to be legal per-
sonal service and binding, the same as if made upon any agent or
officer of said society or corporation ; provided, that the said party or
his attorney shall, twenty days before the appearance term for said
suit or action, cause to be sent to the Insurance Commissioner a copy
of the petition. When such service has been made upon such attor-
ney for service on any such corporation, society or association, and
copy of same has been forwarded to said Commissioner as herein-
before provided, it shall be the duty of said Insurance Commissioner
immediately to notify the said corporation, society or association of
such service by letter, enclosing copy of said petition, together with
process filed in said case, prepaid and directed to the secretary or
its corresponding officer.
a. 1900, p. | 6420. Record of suits against. — The Insurance Commissioner
shall keep a record of all such attorneys appointed for such service,
together with the record of when any such petitions with process
were received by him in any case, and forwarded to any such corpo-
ration, societv or association.
a. 1900, p. § 6421. License fee. — The Insurance Commissioner shall, without
71.
undue delay, upon the application of any order, society or associa-
tion having the right to do business in this State, as provided by this
Act, issue a permit in writing authorizing it to do business within the
State, for which certificate, and all proceedings in connection there-
with, such association shall pay to said Insurance Commissioner a
fee of ten dollars. This fee shall be paid annually thereafter in
advance.
A.^1900, p. g 6422. Reports, penalty for failure to make. — Any such order,
association or society refusing or neglecting to make the report to the
121 PART L, TITLE XV. §§6423-6427
Municipal Corporations.
Insurance Commissioner, as provided in this Act, shall be excluded
from doing business within this State, and the Insurance Commis-
sioner shall at once recall and cancel their license. Any officer, agent
or person acting for any order, or subordinate body thereof, within
this State, while it shall be prohibited from doing business pursuant
to this Act, shall be deemed guilty of a misdemeanor, and on con-
viction thereof shall be punished by a fine of not less than twenty-
five dollars nor more than one hundred dollars.
§ 6423. Agents of associations in default. — Any person who shall a. 1900, p.
act within this State as an officer, agent or otherwise for any such
fraternal beneficiary order in soliciting or procuring new business
or members, which shall have neglected or refused to comply with this
Act. shall be subject to the penalty provided in the last preceding
section for the misdemeanor therein specified.
§ 6424. Exemptions of certain orders. — All laws and parts of laws a. 1900, p.
in conflict with or inconsistent with this Act be, and the same are, '
hereby repealed, and nothing in this Act shall be held to affect or
to apply to grand or subordinate lodges of Masons, Knights of Pyth-
ias, Odd Fellows, Red Men, Junior Order American Mechanics, or
similar orders that do not have as their principal object the issuance
of benefit certificates to members.
TITLE XV.
MUNICIPAL, CORPORATIONS.
§ 6425. Marshal of city, how ruled. — The marshals of the towns a. 1900, p.
and cities of this State, and such other officers of said towns and
cities in said State whose duty it is to collect the taxes and other rev-
enues of such towns and cities, by levy and sale, shall be subject to
be ruled, either in the Superior, City, or County Court, in the county
where said town or city is located, for money in the hands of such
officer arising from the public sale of any property, under and by
virtue of any process issued by said city or town, in the same manner
as sheriffs and constables are ruled for the distribution of money
coming into their hands from the sale of any property.
§6426. Proceeds of sales by. — When any execution from any a. 1900, p.
court, is placed in the hands of the marshal or other selling officer
of any town or city in this State, with written notice to hold up the
proceeds arising from the sale of any property jof the defendant in
fi. fa., the marshal or other selling officer shall, after first paying to
the city the amount due on the process under which the sale was made,
hold up the balance of the funds in his hands until he is ordered to
pay out the same by the court first acquiring jurisdiction, under
proper proceeding.
§ 6427. Damages against; demand before suit required. — Xo per- A7J8"» p-
son, firm or corporation, having a claim for money damages against
6428-6431 PART L, TITLE XVI. 122
Railroads and Sleeping Car Companies.
any municipal corporation of this State on account of injuries to
person or property, shall bring any suit at law or equity against said
municipal corporation for the same, without first presenting in writ-
ing such claims to the governing authority of said municipality for
adjustment, stating the time, place and extent of such injury, as near
as practicable, and the jiegligence which caused the same, and no
such suit shall be entertained by the courts against such municipality
until the cause of action therein has been first presented to said gov-
erning authority for adjustment; 'provided, that upon the presenta-
tion of such claim said governing authority shall consider and act
upon the same within thirty days from said presentation, and that
the action of said governing authority, unless it results in the settle-
ment thereof, shall in no sense be a bar to a suit therefor in the court,
provided that the running of the statute of limitations shall be sus-
pended during the time that the demand for payment before such
authorities is pending, without action on their part.
TITLE XVI.
RAILROADS AND SLEEPING CAR COMPANIES.
§ 6428. Running freight trains on Sunday. — [See Code Sup.,
§ 6749.]
a. 1899, p. § 6429. Liability of Railroad leased. — All railroad companies in
this Slate, who have already leased, or who may hereafter lease their
property or line of road to another railroad company or to a private
person or persons, shall have the contract of lease or other contract
of like nature, evidencing the change of control and possession of
such property or line of road, recorded in the clerk's office of the
superior court in each county through which said line of road may
run.
a. 1899, p. § 6430. Railroad leases to be recorded. — Any such railroad refus-
ing or failing; so to do, will authorize any person having a right of
action against said railroad or the lessee or lessees thereof, including
any employee of the same, to file and prosecute said action against
said railroad company in all respects, as if the same were the proper
party defendant, and any plea or other defense attempting to shift
liability to such lessee or lessees or denying control or possession of
such property or line of road filed either to the suit of a person be-
longing to the general public or to a suit filed by an employee as
aforesaid, shall not avail to protect any such railroad against lia-
bility that fails or refuses to record as provided in (§ 6429 above).
a 1896, p. §6431. Testimony compelled by Railroad Commission; exemp-
tion from prosecution. — In the investigation of complaints by the
Railroad Commission of this State of violations of the laws against
giving or granting rebates, or of underbilling, by common carriers
in this State, said Commission is hereby given the power and au-
5 6427 (a). Statute of limitations as to municipal claims. — Any a. 1899, p.
im or demand held by any municipality not being in the shape of m'
pecial contract, or which has not been reduced to execution, shall
barred by the statutes of limitations as provided by the general
tutes of limitation of force in this State, and all executions issued
any municipality shall be subject to the same laws as to the stat-
s of limitations now governing other executions.
123 PART L, TITLE XVI. §§6432-6435
Passenger station at Atlanta.
thority to compel the shipper or consignee, or any officer, agent or
employee of a common carrier, to give evidence touching such com-
plaints. Before any such person shall be compelled to give evidence
touching such complaints, the Railroad Commission shall make an
order that such witness is required by said Commission to testify,
and that he is exempt thereafter from indictment or prosecution for
any transaction about Avhich he is so compelled to testify. When
such order is made the witness shall be compelled to give evidence
touching such complaints, and he shall be forever free from indict-
ment or prosecution in any court of this State touching the matters
about which he is compelled to testify.
§0432. Testimony compulsory in suits or prosecutions in State a. 1896, p.
Courts. — When a witness is exonerated from indictment or prose-
cution, as herein provided, he shall in like manner be compelled to
give evidence in any suit or prosecution instituted in any of the
courts of this State against any common carrier or against any person
on account of the transactions about which he is compelled to testify
before the Railroad Commission.
PASSEtfGEJR STATION AT ATLANTA.
§6433. State's Commission on Passenoer Station at Atlanta. — A-J898'p-
<J O it.
The Attorney-General and the special attorney for the Western and
Atlantic railroad, together with two members from the House to be
appointed by the Speaker, and one from the Senate to be appointed
by the President, be and they are, hereby constituted a commission
to represent the State and to consent in its behalf to such plans for
the erection of a new union passenger" station in the city of Atlanta,
upon such terms as shall meet with their unanimous approval, within
the following limitations^ to wit:
§ 6434. Location.-— The commission shall not consent to the erec- a. 1898, p.
. 77
tion of a station on property other than that belonging to the State,
excepting that if the main structure be located wholly upon the State's
property, such sheds as would not constitute an integral and necessary
part of the station may be extended upon the property of others. The
commission shall not consent to an abandonment of the site at present
occupied by the union passenger depot.
§ 6435. Lease of W„ & A. R. R. not to be disturbed. — The com- a. 1898, p.
mission shall in no way disturb any of the terms of the present con-
tract of lease between the State of Georgia and the lessee of the
Western and Atlantic railroad ; but the commission shall be author-
ized, with the consent of the lessee company, to bind the State by an
agreement looking to an extension of the lease in so far as concerns
the terminal property to be occupied by the passenger station and its
appurtenances for such a time and upon such terms as may meet with
the unanimous approval of the commission ; provided, that no agree-
ment shall be made which would deprive the State of the right and
privilege of having or obtaining absolute control of this terminal at
the expiration of the present lease.
§§ 6435-6438a. PART L, TITLE XVI. 124
Sale of Northeastern Railroad.
a. 1898, p. § 64-36. Report to General Assembly. — The commission shall make
full report of its actings and doings in this behalf to the General
Assembly at its next session, and recommend such further legisla-
tion as in their opinion may be necessary and appropriate.
a. 1898, p. § 6437. Compensation denied to commissioners. — The commission
77' herein provided for shall serve without compensation or other ex-
pense to the State.
SAEF OF NORTHEASTERN RAILROAD.
a. 1897, p. §6438. Sale of Northeastern Railroad by Plate. — Sfo. 1. The
1X7 - Governor is authorized and empowered, after advertising the same for
thirty days in four daily newspapers, to be selected by himself, to offer
for sale, to the highest bidder, all the property of the Northeastern
Railroad of Georgia, consisting of its road-bed, right of way, side-
tracks, rails, crossties, station houses, rolling stock, real estate, equip-
ment, and all property, rights, privileges and franchises pertaining to
the railroad. Said advertisement shall request that sealed bids for
the purchase of said railroad be sent to the Governor on or before a
day and time to be appointed by him, under such rules and regulations
as to said bids as may be prescribed by him. The offering of said rail-
road for sale and the failure to secure a purchaser shall in no wise
limit the power of the Governor to again offer the same for sale at
such time or times as in his discretion he may deem to the best in-
terest of the State. The minimum price at which said property may
be sold shall be Two Hundred and Eighty-seven Thousand Dollars,
on such terms as to payment as are hereinafter provided, and the
Governor shall have the right to reject any and all bids.
a. 1897, p. § 6438a. Sec. 2. Bidders to deposit check. — -Each bidder for said
117 ' property, as a prerequisite to having his bid entertained, shall de-
posit with his bid a certified check on some solvent bank in the State
of Georgia for the sum of five thousand dollars, payable to the Treas-
urer of the State. Such checks so deposited by unsuccessful bidders
shall be returned to them, and the checks so deposited by the success-
ful bidder shall be retained by the Governor and applied as part pay-
ment of the first payment for said property as hereinafter provided ;
but in the event such successful bidder shall fail to make said first
payment within the time required, said check and the sum of money
represented by it shall stand as a forfeit and shall become at once the
property of the State.
A-}897, p. § 64 39. Sec. 3. Terms of sale.- — The purchaser of said property
shall be required to pay for the same as follows: Fifty thousand
dollars in cash within thirty days from the date of sale, and of the
remaining amount of the purchase price there shall be paid the sum
of twenty thousand dollars per year for five years, the same to be paid
annually on the day in each year corresponding to the date of the
first payment ; and the remainder of said purchase price shall be
paid on the first day of January in the year nineteen hundred and
125 PART L, TITLE XVI. §§ 6440-6443
Sale of Northeastern Railroad.
fifteen. The deferred payments shall bear interest at the rate of
three and one-half per centum per annum, to be paid semi-annually.
The Governor is hereby vested with power to make other and different
terms of payment if in his discretion the same may be done without
injury to the interests of the State : provided, that in no event shall
less than fifty thousand dollars be received as the first payment. The
title to said property shall remain in the State until all the deferred
payments shall have been fully paid. The purchaser shall have the
right to pay any or all of the deferred payments at any sejni-annual
interest paid. In case of default of any deferred payment or any
interest payment when due, the State shall have the right to enter
upon and seize said property, and said purchaser and those under
him shall be dispossessed, and all moneys which may have been paid
by such purchaser shall belong to the State as payment for the lease
of said property for the time previous to said default, and such
purchaser shall no longer have any right or interest in said property,
but the title and possession thereof shall be and remain absolute in
the State.
§ 6440. Sec. 4. Governor to make title. — When the sale has been A. 1897, p.
consummated in accordance with the terms of this Act, and all of its 117,
conditions have been complied with, the Governor is authorized and
directed to make to the purchaser a fee simple title to said property.
§6441. Sec. 5. Property becomes subject to taxation. — When a. 1897, p.
said property shall haA^e been bid-in and the first payment made as
hereinbefore provided, said property shall immediately become sub-
ject to taxation as other railroad property in this State.
[Note. — For the Act- of 1896, on this subject, see Acts 1896, pp.
61,\S2.]
§ (>442. Sec. I. Suits against State as owner. — Any person hav- a. i898, p.
ing a cause of action against the Northeastern Railroad, the property
of the State, may institute a suit thereon against said railroad in any-
of the courts of this State, in such cases as the Western and Atlantic
Railroad might have been sued prior to the lease of December 27th,
1870, as provided by the statutes then of force regulating such suits.
Sec. II. In all cases service may be perfected on the State as the
owner of such railroad, by serving the depot agent in the county in
which such suit is instituted, and by serving a second original upon
the State's agent in charge of said railroad in the county of his resi-
dence.
SLEEPING CAIt COMPANIES.
§ 6443. Sleeping Car Companies; separation of tvhite and colored a. 1899, p.
passengers. — Sleeping-car companies and railroad companies operat-
ing sleeping-cars in this State shall have the right to assign all pas-
sengers to seats and berths under their charge, and shall separate the
white and colored races in making said assignments, and the con-
ductor and other employees on the train of cars to which said sleep-
ing-car or cars may be attached, shall not permit white and colored
§6444-6446 PART L, TITLE XVII. 126
Sleeping car companies — Building and Loan Association.
passengers to occupy the same compartment. And any passenger
remaining in any compartment other than to which he may be as-
signed shall be guilty of and punished as for a misdemeanor; pro-
vided, that nothing in this Act shall be construed to compel sleeping-
car companies or railroads operating sleeping-cars to carry persons
of color in sleeping or parlor-cars ; provided, that this Act shall not
apply to colored nurses or servants traveling with their employers.
a. 1899, p. § 6444. Police powers of conductors. — Any conductor or other em-
ployee of any sleeping-car, as well as any conductor or other employee
of the train to which any sleeping-car may be attached, are hereby
empowered with full police power to enforce the preceding section,
and any conductor or other employee of any sleeping-car, or of any
train carrying sleeping-cars, who fails or refuses to assist in ejecting
any passenger violating the provisions of this Act, shall be guilty of
a misdemeanor and punished as for a misdemeanor.
67.
TITLE XVII.
BUILDING AND LOAN ASSOCIATION.
a. 1897, p. § 6445. Deposit required, amount of. — All building and loan asso-
ciations incorporated under the laws of this State which do business
within and without the State, and all such associations organized
under the laws of other States and doing business in this State, and
which are required by law to make deposit of securities, be, and they
are, hereby required to deposit and keep on- deposit with some one
of the legally authorized State depositories of this State, or with a
legally incorporated and duly authorized trust company, to be selected
by the board of directors of such association, in trust for all its mem-
bers and creditors, seventy-five per cent, of the amount of all mort-
gages or other securities received by it in the usual course of its busi-
ness. Such securities to be held and kept by such depository as now
required by law.
A62897'p' § 6446. State Treasurer shall not accept deposit nor make exami-
nation; certificate of depository. — The Treasurer of the State shall
not be permitted to accept and hold the deposit of securities as herein
provided for, nor shall he be required to make any examination of
the affairs of said association, to ascertain whether said associations
have deposited seventy-five per cent, of all their securities and other-
wise complied with the requirements of law, but the certificate of the
particular depository or trust company that such deposit has been
made by the particular association shall be sufficient evidence of that
fact to the Treasurer. The certificate issued bv such depositorv or
trust, company shall state on its face that the securities so deposited
have not been examined by any State authority in order to ascertain
whether or not seventy-five per cent, of the assets of such association
have been deposited.
127 PART L, TITLE XVII. §§6446-6450
Building and Loan Associations.
§ 6447. Fees to depository. — Every association depositing securi- a. 1807, p.
ties with a State depository or trust company, as provided for by law,
shall annually pay to said depository or trust company a fee of fifty
dollars.
§ 6448. .Reports to State Treasurer and fees therefor. — Nothing a. i897, p.
herein contained shall be construed to relieve any building or loan
association from making reports of its condition to the State Treas-
urer and paying the fees now required by law to be paid upon the
filing of such reports.
§ 6449. Deposits to he removed from treasury. — All .building and A,6^897, p-
loan associations having deposits of securities with the State Treas-
urer shall be required to remove same within thirty days after the
passage of this Act and deposit them as herein directed.
§ 6450. Surrender of securities, when allowed and how effected. — a. 1897, p.
. . .62.
Any mortgage (or other security) which shall have been fully paid
to said association^ or which the borrower desires to pay off and dis-
charge, and any mortgage (or other security) upon which default in
the payment due has been made and of which said association 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, shall be surrendered by said State depository or trust com-
pany to the association depositing the same, upon filing with the
said depository or trust company the affidavit of the president and
secretary thereof, stating reason or reasons for desiring to withdraw
such security or securities, and such security or securities shall not
be used for any purpose other than that stated in the affidavit ; pro-
vided,, that when said association is dissolved, according to the pro-
visions of its charter, and ceases to do business, all securities deposited
by it shall be returned to it upon furnishing said State depository or
trust company with satisfactory evidence of the fact of the dissolu-
tion as aforesaid. Bonds or stocks deposited with said State de-
pository or trust company, as aforesaid, shall, if deemed advisable
by the association, be surrendered to the association depositing the
same for the purpose of being converted into cash and loaned on
real estate.
><§ 6451-6454 PART L, TITLE XVIII. —CHAPTER I. 128
Loan and trust Companies, and other corporations.
TITLE XVIII.
LOAX AND TRUST CCOIPAXIES. AXD OTHEE COPvPORATIOXS.
Chap. I. Generally.
Chap. II. Loan and Trust Companies.
Chap. III. Combines and Trusts.
CHAPTER I.
GENERALLY.
a. 1897, p. § 6451. Franchises of private corporations salable assets. — The
purchaser or purchasers of such franchises, their associates, succes-
sors and assigns, shall, upon complying with the requirements of this
Act, have and acquire, and may thereafter exercise and enjoy the
same rights, privileges, immunities and advantages conferred in the
charter or order of incorporation of such insolvent corporation, as
fully and absolutely, in all respects, as the former company might or
could have had and enjoyed the same had no such sale and purchase
taken place ; provided, that nothing in this Act shall be construed to
reserve to such purchaser or purchasers any exemption from State,
county or municipal taxation, or any special rights, privileges or
immunities inconsistent with the Constitution of this State.
a. 1897, p. § 6452. Purchasers, incorporation of. — ^Vhenever any private cor-
poration heretofore or hereafter created under any general or special
law of this State shall become insolvent, and its assets be the subject
of administration by the court, the franchises possessed and enjoyed
by such corporation in virtue of its charter or order of incorporation
shall be considered assets, and the same may be sold, under order of
the court, through a receiver or otherwise.
a. 1897, p. §0453. Organization of purchasers. — Such purchasers, their as-
sociates and assigns, may organize anew in the manner prescribed
by law.
ELECTRICAL COMPANIES.
a. 1897, p. §6454. Water power — owners generating electricity — right to
condemn property. — Any corporation or individual owning or con-
trolling any water-power in this State, or location for steam plant
herein after mentioned, and operating or constructing or preparing
to construct thereon a plant or works for generating electricity by
water or steam-power, to be used for the purpose of lighting towns or
cities, or supplying motive power to railroads or street-car lines, or
supplying light, heat or power to the public, shall have the right to
purchase, lease or condemn rights-of-way or other easements upon
the lands of others in order to run lines of wires, maintain dams,
129 PART L, TITLE XVI1L— CHAPTER II. §§6455-6460
Trust Companies, how incorporated, rights and liabilities.
flow-back water, or for other uses necessary to said purposes, upon
first paying just compensation to the owners of the land to be affected.
§ 6455. Condemnation under Code §§ 4657-4686. — If said corpo- a. 1897, P.
ration or individual does not, by contract, procure the easements,
right-of-way or other interest on property provided for in the first
section of this Act, they shall have the right to acquire or condemn
the same in accordance with, and subject to, the provisions of the
Code of 1895, from section 4657 to section 4686 inclusive, as em-
bodied in the Act of the General Assembly of this State approved
December 18th, 1894, as therein prescribed for railroad, telegraph,
canal, mining and water-works companies.
§ 6456. No interference with mill or factory. — The power given A 1897) p
under this Act shall not be used to interfere with any mill or factory 68-
actually in operation.
§6457. Protection of electrical companies. — [See Code Sup., a. 1897, p.
§ 6664.] 68'
CHAPTER II.
TRUST COMPANIES, HOW INCORPORATED, RIGHTS AND LIABILITIES.
§ 6458. Application for charter. — Any number of persons, not A# ]898i p_
less than five, may associate themselves together for the purpose of 78,
organizing a Trust Company in accordance with the provisions of
this Act. The persons so desiring to become incorporated shall file
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 of the principal busi-
ness thereof the amount of capital stock, and such other matters as
they may deem it desirable to state. Such declaration must be ac-
companied by the affidavit of at least' three of the subscribers that at
least twenty-five thousand ( $25,000) dollars of the capital stock sub-
scribed has been actually paid in 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 ($50) dollars shall be
paid on filing the application into the treasury, and the Secretary
of State shall not issue any charter before its payment.
§ 6459. Notice of intention to organize to he published. — Previous a. 1898, p.
to filing the declaration, as provided in the preceding section hereof,
a notice of intention to organize such Trust Company shall be pub-
lished at least once a week for four weeks in a newspaper of general
circulation, published in the city in which the principal office of the
proposed corporation will be located, which notice shall specify the
names of the proposed Corporators, name of the proposed Trust Com-
pany and the location of the same.
§6460. Certificate of incorporation to issue, when. — When such A^898' p-
declaration shall have been filed and notice of intention shall have
9— Ga Code
§6461 . PART L, TITLE XVIII. — CHAPTER II. 130
Trust Companies, how incorporated, rights and liabilities.
been published as herein provided, the Secretary of State shall issue
to the subscribers, their associates and successors, a certificate of in-
corporation under the seal of the State, certifying that tbe subscrib-
ers, 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 sub-
ject to all the duties and liabilities imposed by law. The Secretary
of State shall record the declaration, affidavit and certificate of in-
corporation.
a. 1898, p. § 6461. Corporate powers. — All Trust Companies organized under
78' this Act are declared to be corporations possessed of the powers and
functions of corporations generally, and as such have power:
1. To make contracts.
2. To sue and be sued, complain and defend, in any court, as fully
as natural persons.
3. Fiscal agent. — To act as the fiscal or transfer agent of any
state, municipality, body politic or corporation, and in such capacity
to receive and disburse money, and transfer, register and countersign
certificates of stock, bonds and other evidences of indebtedness.
4. Deposits and loans. — To receive deposits of trust moneys, se-
curities and other personal property from any person or corporation,
and to loan money on real estate or personal securities.
5. Buy and sell real estate. — To lease, purchase, hold and convey
any and all real estate necessary in the transaction of its business,
or which the purposes of the corporation may require, or which it
shall acquire in satisfaction or partial satisfaction of debts due the
corporation under sales, judgments or mortgages or in settlement or
partial settlement of debts due the corporation by any of its debtors.
6. Trustee under mortgages and bonds. — To act as trustee under
any mortgage or bond issued by any government, state, municipality,
body politic or corporation, and accept. and execute any other munic-
ipal or corporate trust not inconsistent with the laws of this State.
7. Trusts for married women. — To accept trusts from and execute
trusts for married women in respect to their separate property,
whether real or personal, and to be their agent in the management
of such property, or to transact any business in relation thereto.
8. Guardian, etc., of minors. — To act under the order or appoint-
ment of any court of record as guardian, receiver or trustee of the
estate of any minor, the annual income of which shall not be less than
one hundred dollars and as depository of any moneys paid into court,
whether for the benefit of any such minor, or any other person, cor-
poration or party.
9. Management of estate property. — To take, accept and execute
any and all such legal trusts, duties and powers in regard to the
holding, management and disposition of any estate or property, real
or personal, and the rents and profits thereof, or the sale thereof, as
may be granted or confided to it by the Superior Court, or by any
131 PART L, TITLE XVIIL — CHAPTER II. §§6462, 6463
Trust Companies, how incorporated, rights and liabilities.
other court of record, or by any person, corporation, municipality or
other authority, and the said corporation shall be accountable to all
parties in interest for the faithful discharge of every such trust, duty
or power which it may so accept.
10. Trustees under appointment of persons or of courts. — To take,
accept and execute any and all such trusts and powers of whatever
nature or description, as may be conferred upon or intrusted or com-
mitted to said company by any person or persons, or any body politic,
corporation or other authority, by grant, assignment, transfer, devise,
bequest or otherwise, or which may be intrusted or committed or
transferred to or invested in said company by order of the Superior
Court or any other court of record, or any ordinary, and to receive
and take and hold any property or estate, real or personal, which may
be the subject of any such trust.
11. May deal in stocks, etc. — To purchase, invest in and sell stocks,
bills of exchange, bonds and mortgages, and other securities ; and
when moneys or securities for moneys are borrowed or received on
deposit or for investment, the bonds or obligations of the company
may be given therefor, but nothing herein contained shall be con-
strued as giving the right to issue bills to circulate as money.
12. May act as executor or administrator, and as committee of
lunatics, etc. — To be appointed and accept the appointment of ex-
ecutor of or trustee under the last will and testament, or adminis-
trator with or without the will annexed, of the estate of any deceased
persons, and to be appointed and to act as the committee of the estates
of lunatics, idiots, persons of unsound mind and habitual drunkards.
6462. Amount of capital stock to he paid in; hanking husiness. A. 1898, p.
-No trust company organized under the provisions of this Act shall
78.
exercise any of the rights and powers conferred until at least one
hundred thousand ($100,000) dollars of the capital stock shall have
been subscribed and paid in ; nor shall any such company receive
deposits subject to check on demand or discount commercial paper,
unless and until such company shall have complied with the laws of
this State regulating the incorporation of banks ; but such company
may acquire and exercise all the rights and privileges, and be sub-
ject to the same liabilities and restrictions as apply to banks, upon
compliance with the laws of this State providing for the incorpora-
tion and regulating the business of banks.
§ 6463. Board of Trustees. — The affairs of said company shall be A- *898. p-
managed and its corporate power exercised by a board of trustees of
such number, not less than five nor more than fifteen, as shall from
time to time be prescribed by its by-laws. The persons named in the
declaration of organization shall constitute the first board of trustees
of the said company, and may add to their number not exceeding
the limit of fifteen, and shall severally continue in office until others
are elected to fill their places. The election of trustees shall be held
annually at the office of the company, in such manner and at such time
§§6464-6466 PART L, TITLE XVIII. —CHAPTER II. 132
Trust Companies, how incorporated, rights and liabilities.
as shall be prescribed in the by-laws. Li the case of failure to elect
on the day named, the shareholders may adjourn to another time, or
in the event of their failing so to do, the president may call a special
meeting for the purpose of electing trustees, of which special meeting
ten days' notice shall be given by publication in at least one news-
paper of general circulation in the city in which such company is
located. The vacancies occurring in the intervals of election shall be
filled by the board of trustees.
A.^i898, p. § 6464. By-laws and officers. — The trustees shall have power from
time to time to make and establish such by-laws, rules and regulations,
not inconsistent with the laws of this State or the United States, as
they shall deem expedient for the conduct and management of the
business, affairs and property of such company. The said trustees
shall elect one of their number president of the board, and may elect
or appoint such other officers and agents as they may deem proper,
and fix their compensation.
a. 1898, p. § 6465. Capital stock. — The capital stock of the Trust Company
may be increased from time to time by a vote of two-thirds of the
shareholders at any regular annual meeting, or special meeting
called for that purpose, to a sum not exceeding two million
(12,000,000) dollars. The capital stock shall be divided into shares
of one hundred ($100) dollars each, which shares shall be deemed
personal property and shall be transferable in such manner as shall
be prescribed by the by-laws of the company.
a. 1898, p. § 6466. Corporations hereto chartered may acquire same rights. —
Any savings bank, trust, security or guarantee company having a paid
in capital of not less than one hundred thousand .($100,000) dollars,
heretofore incorporated by the General Assembly of this state, with
authority to exercise any trust powers, may acquire all the rights,
privileges and immunities with the same restrictions as are specified
in section 3 hereof, in the following manner : The shareholders at
any regular or special meeting called for that purpose may, by a vote
of two-thirds of the stockholders present, pass a resolution declaring
their desire to acquire the right, privileges and immunities, subject
to the restrictions specified in section 3 of this act, which resolution
shall be certified by the president and secretary or treasurer of the
corporation, and filed with the secretary of state. Whereupon the
secretary of state shall issue a certificate declaring that such resolu-
tion having been filed, such corporation has become vested by law
with all the rights, powers and privileges, and subject to the restric-
tions conferred, defined and limited by section 3 of this act. The
corporation filing such resolution shall pay into the treasury of the
state a fee of twenty-five ($25) dollars, and the secretary of state
shall cause said resolution and his certificate to be duly recorded.
133 PART I., TITLE XVIII. —CHAPTER III. §§6467-6471
Combines and Trusts.
CHAPTER III.
COMBINES AND TIJUSTS.
§ 6467. Section 1. Combines and trusts made illegal. — All ar- a. 1896, p.
rangements, contracts, agreements, trusts, or combinations between
persons or corporations made with a view to lessen, or which tend to
lessen full and free competition in the importation or sale of articles
imported into this State, or in the manufacture or sale of articles of
domestic growth or of domestic raw material, and all arrangements,
contracts, agreements, trusts, or combinations between persons or
corporations designed, or which tend to advance, reduce or control
the price or the cost to the producer or to the consumer of any such
product or article, are hereby declared to be against public policy,
unlawful and void.
§ 6468. Sec. 2. Attorney-General to prosecute. — Any corpora- A. 1896, p.
tion, chartered under the laws of this State, which shall violate any 68,
of the provisions of this Act, shall thereby forfeit its charter and its
franchise, and its corporate existence shall thereupon cease and de-
termine. Every foreign corporation which shall violate any of the
provisions of this Act is hereby denied the right to do, and is pro-
hibited from doing business in this State. It is hereby made the duty
of the Attorney-General of this State to enforce this provision by due
process of law.
§ 6469. Sec 3. Penalty. — Any violation of the provisions of this a. 1896, p.
Act shall be deemed, and is hereby declared to be destructive of full 68'
and free competition and a conspiracy against trade, and any person
or persons who may engage in any such conspiracy, or who shall, as
principal, manager, director or agent, or in any other capacity, know-
ingly carry out any of the stipulations, purposes, prices, rates or
orders made in furtherance of such conspiracy, shall, on conviction,
be punished by a fine of not less than one hundred dollars or more
than five thousand dollars, and by imprisonment in the penitentiary
not less than one year or nor more than ten years ; or, in the judgment
of the court, by either such fine or such imprisonment.
§ 6470. Sec. 4. Agricultural Products and Live Stock excepted, a. 1896, p.
— The provisions of this Act shall not apply to agricultural products 68'
or live stock while in the possession of the producer or raiser.
§ 6471. Sec 5. Damages, action for. — Any person or persons, or a. 1896, p.
corporations, that may be injured or damaged by any such arrange- 68'
ment, contract, agreement, trust or combination, described in section
one of this Act, may sue for and recover in any court of competent
jurisdiction in this State, of any person, persons or corporation oper-
ating such trust or combination, the full consideration or sum paid
by him or them for any goods, wares, merchandise or articles, the sale
of which is controlled by such combination or trust.
§§6472-6474 PART L, TITLE XIX.— CHAPTER 1. 134
Public Health and Safety — Dentistry.
a. 1898, p. § 6472. Sec. 6. Grand Juries to he charged with law. — It shall
be the duty of the judges of the superior courts of this State specially
to instruct the grand juries as to the provisions of this Act.
TITLE XIX.
PUBLIC HEALTH AND SAFETY.
Chapter I. Dentistry.
Chapter II. Georgia State Board of Embalming.
Chapter III. Private Hospitals and Sanatariums.
Chapter IV. Inspector of Illuminating Oils.
CHAPTEK I.
DENTISTRY.
a. 1897, p. § 6473. License to practice. — It shall be unlawful for any person
119, to engage in the practice of dentistry in the State of Georgia unless
said person shall have obtained a license from a board of dental ex-
aminers, duly authorized and appointed under the provisions of this
Act to issue licenses ; provided, that this Act shall not effect the right
under the laws of Georgia of dentists to practice dentistry who have
lawful right to practice dentistry at the time of the passage of this
Act.
a. 1897, p. § 6474. Board of Dental Examiners; how appointed; vacancies,
119; etc. — A board of examiners is hereby created to be known as the
Board of Dental Examiners of Georgia. The members of the board
shall be appointed by the Governor of Georgia upon the recommenda-
tion of the Georgia State Dental Society as follows, to wit :
The State Dental Society shall nominate, at its first annual meet-
ing after the passage of this Act, ten reputable practicing dentists,
who have been in the practice of dentistry in this State for five years
or over at the time of their appointment, five of whom shall be mem-
bers of the State Dental Society of this State, and five non-members.
Erom such names the Governor shall appoint five persons who shall
compose the Board of Dental Examiners of Georgia^ and hold their
terms for one, two, three, four and five years, according to their ap-
pointment and commission, and every year thereafter said Dental
Society, at its annual meeting, shall select four names, two members
of such society and two non-members, who shall have the same quali-
fications as hereinbefore provided for the members previously elected,
from which number the Governor shall appoint one person, to be a
135 PART I., TITLE XIX.— CHAPTER I. §§6475, 6476
Dentistry.
member of said board who shall hold his office for a term of five years ;
provided, that nothing in this Act shall interfere with the members
of the present board serving in office to the end of the period for
which they were elected, and said members, to wit: J. II. Colye, of
Thomasville, Ga. ; A. G. Bouton, of Savannah, Ga. ; B. II. Catching,
of At] ant a, Ga. ; H. IT. Johnson, of Macon, Ga., and D. D. Atkinson,
of Brunswick, Ga., until the expiration of their said term, to wit : at
the annual meeting of the Georgia State Dental Society for the year
1898, and until their successors are appointed and qualified, be, and
they are, hereby made the members of said board. In case of va-
cancy in said board, such vacancy shall be tilled by appointment of
the Governor upon the recommendation of the president of the
Georgia State Dental Society.
(a) It shall be the power and duty of said board to organize by the
election of one of its members president and another secretary and
treasurer ; to meet immediately after the close of the commencement
of each dental college in this State in the place where such college
may be located, and also to meet annually regularly at the time and
place of the regular meeting of the Georgia State Dental Society,
and to hold such meetings in any county in this State as often as the
business and duties of the board may require, the calls for such meet-
ings to be made by not less than three members of said board, and a
written notice of the time and place and object of said called meeting
to be mailed by the secretary and treasurer of said board to all the
members thereof not parties to the call, at least fifteen days before the
day of meeting; to examine all applicants for licenses to practice
dentistry who are entitled under this Act to be examined, and to issue
licenses to practice dentistry according to the provisions of this Act ;
to collect and apply all fees as directed by this Act ; to keep a book
showing the names of all persons to whom licenses have been granted
by said board to practice dentistry, and such other books as may be
necessary to plainly show all the acts and doings of said board; to
have and use a seal bearing the name, "Board of Dental Examiners
of Georgia."
§ 6475. Address of members. — Each member of the board shall, a. 1897, p.
-i .... . 119.
upon his qualification, file with the secretary and treasurer his post-
office address and thereafter a notice of any change therein. Any
notice sent to the address so on file shall be deemed to comply with the
requirements of this Act as to notice to them.
§ 6476. Boohs of Board. — All books of said board shall be books A-1}^97- p-
of public record, and at all times, except on Sunday and public holi-
days, be kept open to public inspection. A certified copy of any pari:
or all thereof shall be primary evidence in any court of this State.
The original books shall be kept in the office of the secretary and
treasurer of said board, wherever he may reside, and he shall furnish
to any person making application therefor a copy of any part thereof
upon the applicant paying a fee of fifteen cents per hundred words
§§6477-6480 PART I., TITLE XIX.— CHAPTER I. 136
Dentistry.
so copied, the said fee to belong to the secretary and treasurer. All
certified copies shall be certified by the secretary and treasurer.
a. i|97, p. § 6477.- Examination of applicants. — Said board shall examine all
applicants furnishing satisfactory evidence of having graduated from
a school of dentistry whose term and curriculum is equal to that of a
majority of schools of dentistry of the United States, or furnishing
satisfactory evidence of having been licensed after examination by
any other State board, and if such applicant pass a satisfactory ex-
amination, a license to practice dentistry shall be granted to the
applicant.
a- J897, p. g 6478. Misconduct of Dentist. — If any dentist shall be guilty of
cruelty, incapacity, unskilfulness, gross negligence, indecent con-
duct toward patients, or any such professional misbehavior, or show
unfitness upon the part of the dentist to practice, shall be guilty of
a misdemeanor, and on conviction, in any court of this State having
jurisdiction of such offenses, shall be fined as prescribed in section
1039 of vol. 3 of the Code of 1895, and his license to practice dentis-
try shall be revoked by the board.
A'ii9.97, P' False statement to examining board. — Any dentist or other person
who shall at any hearing before the board, either by himself or by his
procurement, make any false statement or misrepresentation with
intent to deceive or mislead said board, shall be guilty of a misde-
meanor, and upon conviction before any court having jurisdiction
of said offense, be fined as prescribed in section 1039 of vol. 3 of the
Code of 1895, and such dentist's license to practice shall be revoked
by the board.
a. 1897, p. § 6479. Practicing without license. — Any person who, in violation
of the provisions of this Act, shall practice or attempt to practice
dentistry in this State, shall be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be punished as prescribed in section
1039 of vol. 3 of the Code of Georgia of 1895 ; provided, that noth-
ing in this Act shall be construed to prevent any person from extract-
ing teeth without fee or reward.
a^ 1897, p. § 6480. License fee. — In order to provide the means for carrying
out and maintaining the provisions of this Act, the said board of ex-
aminers may charge in advance each person applying to or appearing
before it for each entire examination for license to practice dentistry,
a fee of ten dollars ($10.00), which in no case shall be refunded to
the applicant. Out of the funds coming into the possession of the
board when so collected the members of the board may receive as
compensation the sum of four dollars ($4.00) each for each day ac-
tually engaged in the duties of their office, and all necessary expenses
incurred in attending the meetings of the board or in prosecuting
cases. Said expenses shall be paid from the fees received by the
board under the provisions of this Act, and no part of the salary or
other expenses of said board shall ever be paid out of the State treas-
ury. All money received in excess of said expenses above provided
119.
137 PART L, TITLE XIX.— CHAPTER I. §§6481-6485
Dentistry.
for shall be held by the secretary of the board as a special fund for
meeting the expenses of said board, he giving such bonds as the board
shall from time to time direct, and receive such compensation as the
board shall prescribe. The said board shall make an annual report
of its proceedings to the Georgia State Dental Society, together with
all moneys received and disbursed by the said board pursuant to
this Act; provided, that should an amount exceed three hundred dol-
lars be at any time accumulated over and above the legitimate ex-
penses of the board, all moneys in excess of this amount shall be paid
into the common school funds of the State.
§ 6481. Registration of License.— All persons licensed by said board a. i897, p.
to practice dentistry shall cause such license to be registered by the
clerk of the superior court in the county or counties in which such
persons may desire to engage in the practice of dentistry, and said
clerk of the court shall issue a certificate to that effect, and receive a
fee of fifty cents for same. Any failure, neglect or refusal on the
part of any person holding such license to register the same with the
clerk of court as above directed for a period of six months shall work
a forfeiture of the license, and no license when once forfeited shall
be restored except upon the payment to said board of examiners the
sum of ten dollars ($10.00). The temporary license hereinafter
provided for need not be recorded.
§6482. Quorum of Board. — Three (3) members of said board a. 1897, p.
shall constitute a quorum for the transaction of business, and should
a quorum not be present upon the day appointed for the meeting,
those present may adjourn from time to time until a quorum is pres-
ent.
§ 6483. Tempory license. — In cases where a person is entitled to a. 1897 p.
an examination for a license, one member of said board may examine
him and furnish a temporary license to any applicant to practice
dentistry until the next regular annual meeting of the board, when he
shall report the fact, at which time the temporary license shall ex-
pire, but such temporary license shall not be granted by a member of
the board after the board has rejected the applicant. For conducting
said examination, the member of said board conducting the said ex-
amination may, in advance, charge and receive a fee of five dollars,
to be applied to his own use for his services in examining the appli-
cant. .No other fee shall be charged for granting the temporary li-
cense.
§ 6484. Another's license, practicing under. — It shall be unlawful a. 1897, p.
for any person to practice dentistry or do any dental operation under
the protection of another's license.
§ 6485. Practicing dentistry, what is. — All persons shall be held to a. 1897, p.
be practicing dentistry within the meaning of this Act who shall
charge a fee or salary, or other reward be paid either to him or an-
other person, for operations or parts of operations of any kind in the
treatment of diseases, or lesions of human teeth or jaws, or extract
6486-6491 PART L, TITLE XIX.— CHAPTER II. 138
The Georgia State Board of Embalming.
teeth, or in correction of the malpositions thereof ; provided, that noth-
ing in this Act shall apply to regularly licensed physicians in extract-
ing teeth and charging a fee therefor, or performing surgical opera-
tions.
a. 1897, p. § 64S6. Exempt from jury duly. — All dentists in the actual prac-
tice of their profession in this State be, and they are, hereby exempt
from jury duty; provided, that this exemption shall not operate to
disqualify those dentists who may wish to serve.
119.
CHAPTER II.
THE GEORGIA STATE BOARD OF EMBALMING.
a. 1899, p. § 6487. Board, appointment, etc. — There is hereby established
and created a board to be known as the Georgia State Board of Em-
balming. The board shall consist of five members, to be appointed by
the Governor, and all vacancies occurring on the board shall be filled
by the Governor. The members of said board shall be practical em-
balmers, having experience in said business and the care of and the
disposition of dead human bodies. The members of said board shall
be residents of this State.
a. 1899, p. § £488. Term of office. — Each member of said board shall serve
for a term of iive years from the date of his appointment going into
effect, except those first appointed, who shall serve as follows: One
for one year, one for two years, one for three years, one for four years,
and one for five years, respectively : the Governor shall designate the
number of years each member shall serve, and any one having served
as a member of said board shall be eligible for reappointment. The
Governor shall have power to remove from office any member of
said board for neglect of duty, incompetency or improper conduct.
a.^1899, p. g g^gc^ Qne mem]jer appointed each year; term,. — The first board
shall be appointed on or before the first day of February, nineteen
hundred, and one member annually thereafter, who shall serve for
a term of five, years from the first day of January ensuing.
a.^1899, p. § 6490. Certificate of appointment, organization, etc. — The Gov-
ernor shall furnish each person appointed to serve on the State board
of embalming a certificate of appointment, and such appointee shall
qualify by taking the usual oath of office before any officer author-
ized by law to administer oaths in this State, within ten days after
said appointment has been made ; and this fact shall be noted on the
certificate of appointment, and shall be filed with the board of em-
balmers, which board shall organize by electing one of its members
as president, and another member as secretary and treasurer.
a. 1899, p. § 0491. Secretary to give bond. — The secretary shall enter into
bonds to the State of Georgia in the sum of not less than $1,000,
for the proper discharge of his duty, and the care, custody and dis-
70.
70.
139 PART L, TITLE XIX.— CHAPTER II. §§ 6492-6494
The Georgia State Board of Embalming.
bursement of all moneys that may come into his hands, in accordance
with such rules as may be adopted by said board.
§ 6492. Duties and Powers of Board, Meetings, Rides, etc. — For A-7J899, p-
the purpose of carrying out the objects of this Act, which are fully
set out in the title thereof, the said State board of embalming shall
have the power and it shall be its duty, first, to prescribe a standard
of proficiency as to the qualifications and fitness of those engaged
and who may engage in the practice of embalming, and the care
and disposition of dead human bodies in this State; second, to meet
at least once in each year; and oftener as the proper and efficient dis-
charge of its duties may require. At least fifteen days' notice of the
time and place of meeting of said board shall be given by publica-
tion in at least three daily newspapers published in different towns or
cities of the State. Three members of the board shall constitute a
quorum for the transaction of all its business and the performance
of all its duties; third, to elect at the first meeting of said board a
president and secretary from the members of said board, who shall
serve for one year, or until their successors shall be elected and
qualified: fourth, to adopt a common seal; fifth, to adopt rules and
regulations and bv-iaws, from time to time, not inconsistent with
the laws of this State or of the United States, whereby the perform-
ance of the duties of said board and the practice of embalming of
dead human bodies shall be regulated.
§ 6493. License, application for; examination of applicant. — A7J899' p-
Erom and after the first day of June, nineteen hundred, every per-
son now engaged or desiring to engage in the practice of embalming
dead human bodies within the State of Georgia shall make a written
application to the State board of embalming for a license, accom-
panying the same with the license fee of five dollars, whereupon
the applicant as aforesaid shall present himself or herself before
said board, at a time and place to be fixed by said board, and if the
board shall find, upon due examination, that the applicant is of
good moral character, possessed of a knowledge of the venous and
arterial systems, the location of heart, lungs, stomach, bladder, womb
and other organs in the human body; the location of abdominal,
pleural and thoracic cavities ; the location of the carotid, brachial,
radial, ulnar, femoral and tibial arteries ; a knowledge of the science
of embalming and the care and disposition of the dead, and has a
•reasonable knowledge of sanitation and the disinfection of bodies
of deceased persons and the apartment, clothing and bedding, in
case of death from infectious or contagious diseases. The board shall
issue to said applicant a license to practice said science of embalm-
ing and the care and disposition of the dead, and shall register such
applicant as a duly licensed embalm er. Such license shall be signed
by a majority of the board and attested by its seal.
§ 6494. Registration of license.- — All persons receiving a license A- J8"> p-
under the provisions of this Act shall have said license registered in
§§6495-6500 PART L, TITLE XIX.— CHAPTER III. 140
o c
Private Hospitals and Sanitariums.
the ordinarv's office of the countv in the jurisdiction of which it is
proposed to carry on said practice, and shall display said license in
a conspicuous place in the office of such person so licensed.
a. 1899. p. §6495. Fee to be paid mmuaTly. — Every registered enibahuer,
who desires to continue the practice of his profession, shall annually
thereafter, during the time he shall continue in such practice, on
such date as said board may determine, pay the secretary of said
board a fee of two dollars for the renewal of registration.
a. 1899, p. § f-496. Expenses, how paid. — All expenses, salary and per diem
to members of this board shall be paid from fees received under the
provisions of this Act, and shall in no manner be an expense to the
State. All moneys received in excess of said per diem allowance and
other expenses provided for, shall be held by the secretary of said
board, as a special fund for meeting the expenses of said board; pro-
vided, that the secretarv of said board shall make on the first dav of
April, in each and every year, a financial statement of the receipts
and expenses of said board, and shall also pay to the State Treasurer
any balance remaining in his hands, which amount shall be credited
to the common school fund of the State.
a. 1899. p. § 6497. Unlawful practice. — On and after the first day of July,
1900, it shall be unlawful for any person not a registered embalmer
to practice or pretend to practice the science of embalming, unless
said person is a registered embalmer within the meaning of this Act.
a. 1899, p. § 6498. Act restricted to what. — Xothing in this Act shall apply
7a to. nor in any manner interfere with, the duties of any officer of local
or state institutions, nor shall this Act apply to any person engaged,
simply in the furnishing of burial receptacles for the dead, but shall
only apply to such person or persons as engage in the business of
embalming.
A.J899, p. § 6499. Practicing without license a crime. — Any person who shall
■practice or hold himself or herself as practicing the science of em-
balming , without having complied with the provisions of this Act,
shall be deemed guilty of a misdemeanor, and upon conviction thereof
before any courts shall be sentenced to pay a fine of not les- than fifty
dollars or more than one hundred dollars for each and every offense.
All fines collected for the violation of any of the provisions of this
70.
Act shall be paid into the common school f :uid of the State.
CHAPTER TIT.
PRIVATE HOSPITALS AXO SANTTAKIITMS.
81.
a.c|899, p. § 6500. Authority to establish, for inebriates, etc. — Tt shall be law-
ful for any private hospital or sanitarium in this State, for inebriate
or other persons who are the victims of the excessive use of alcohol,
morphine, cocaine., or other intoxicants, narcotics or drugs of a sim-
141 PART L, TITLE XIX. — CHAPTER IV. §§6501-6504
Inspector of Illuminating Oils.
ilar character, to receive such persons therein, for treatment, who
shall voluntarily make application for admission therein.
§6501. Treatment of patients. — When any such person shall, a-8}899>p-
under the provisions of this Act, apply for admission, and be received
in such hospital or sanitarium as aforesaid, the authorities thereof
shall have the right to exercise such restraint upon the person of
such patient, and administer such treatment to him, as may, in their
opinion, be necessary and proper for the care and treatment, accord-
ing to the methods in use by alienists and neurologists in sneh cases.
§6502. Discharge of patients. — The authorities of such private a. 1899, p.
hospital or sanitarium shall have the right to discharge such
patient at any time they may deem proper; or whenever the patient
or other person, with whom the contract for his treatment is made,
for such treatment, fails to comply with the terms of such contract.
§ 6503. Inspections by public officers. — Any private institution a. 1899, p.
of the character aforesaid, which shall receive a patient under the
provisions of this Act, shall be subject to the inspection and investi-
gation of the Superintendent of the Georgia State Sanitarium, and
of the Chairman of the State P>oard of Medical Examiners. Such
inspection and investigation of said officers may be made, at any time,
and any number of times they may deem proper, and they may make
such recommendations in their annual or other reports, as to man-
agement of such institutions, as will, in their opinion, tend to the im-
provement of the same.
CHAPTER IV.
INSPECTOR OF ILLUMINATING OILS.
§ 6504. Appointment and duties. — It shall be the duty of the a. 1899, p.
Commissioner of Agriculture of the State of Georgia to appoint a
general Inspector of Oils for said State, whose duty shall be to go
from point to point about the State at the direction of the Commis-
sioner of Agriculture to inspect such oils as may be desired ; instruct
the local inspectors in the art of taking fair, correct and impartial
samples of oils for illuminating purposes, and to test the same, under
the provisions of this Act; to check up all accounts and books of ac-
count of local, oil inspectors, and to see that said moneys due the State
from fees paid for oil inspections are paid into the State Treasury,
and to see that said local oil inspectors fairly, correctly and impar-
tially discharge the duties imposed upon them by this Act and ex-
isting law not in conflict herewith, and perform such other duties
as mav be prescribed bv the Commissioner of Agriculture. If anv
dispute arises as to the test of any oils, then said General Inspector
shall take a fair sample of said oil and forward it to the State Chem-
ist, who shall make a final test, and his decision shall control in all
matters of dispute.
6505-6507 PART L, TITLE XIX.— CHAPTER IV. 142
Inspector of Illuminating Oils.
75.
a. 1899, p. §6505. Salary of inspector.- — Said General Inspector shall be
paid a salary not to exceed one hundred dollars ($100.00) per
month, and actual and necessary traveling expenses, while in the
discharge of his duties, and said salary and traveling expenses shall
he pair1 out of the fees collected from oil inspection; prodded, how-
ever, that this Act shall not be in conflict with sections 1579 and 1584
and other sections of the Code of Georgia, providing for the appoint-
ment and compensation of local oil inspectors.
a. 1899, p. § 6506. Inspections, rules for conducting. — Xo person shall man-
ufacture or have in his -possession, or sell or give awav for illnminat-
ing or heating purposes in lamps or stoves within the State, any oil
or burning fluid, wholly or partly composed of naphtha, coal oil, pe-
troleum or products thereof., or of other substances or materials,
emitting an inflammable vapor which will flash at a temperature;
below 100 degrees Fahrenheit, when tested in the closed oil tester,
known as the Xew York State or Elliott Oil Tester, according to the
following formula, to wit: Pill the water bath with fresh well or
hydrant water up to the lead mark on the inside. Then immerse
the oil cup in the water and pour in oil so as to fill the cup up to
within one-eighth of an inch of the plunge. Take a piece of blotting-
paper and remove all air-bubbles from the surface of the oil by lightly
touching them with the paper. Xext, carefully with a dry towel or
cloth, wipe the upper inner parts of the oil cup so as to remove any
drops of oil that might have spattered on the upper part of the cup.
Then put on the glass cover of the oil cup, pass thermometer through
the hole in the cork to such a point that the mercury bulb will just be
covered by the surface of the oil. Xext light the lamp and introduce
it under the water bath, so adjust the flame that the temperature will
rise at the rate of two degrees a minute. Wait until the temperature
reaches 99 degrees P., then light a wooden toothpick and pass the
flame through the semi-circular opening in the glass plate at such
angle as to clear the glass cover, and to a distance about half way
between the oil and the cover. The motion should be steady and
uniform, rapid and without pause. The appearance of a slight
bluish flame shows that the flashing point has been reached. If
the oil flashes at this point, it should be branded: "State of Georgia,
Rejected." If it does not flash at this point, it should be branded:
"State of Georgia, Approved."
A.^i899,p. §6507. Naphtha allowable for what purposes. — Xaphtha and
other illuminating products of petroleum, which will not stand the
flash test required by this section, may be used for illuminating or
heating purposes in the following cases :
First. In street lamps and open-air receptacles, apart from any
buildings, factory or inhabited house in which the vapor is burned.
Second. In dwellings, factories, or other places of business when
vaporized in secure tanks of metal generators made for that purpose,
in vvhich the vapor so generated is used for lighting or heating.
75.
143 PART I., TITLE XX. §§6508-6512
Lunatic Asylum.
Third. For use in the manufacture of illuminating gas in gas
manufactories, situated apart from dwellings and other buildings.
§ 6508. Brand of Inspector. — The inspector shall provide at his A-7J899' p-
own expense instruments for testing oils and stencils for branding
packages, to read thus: "State of Georgia, Approved," with name
of inspector and date of inspection. The inspector should brand all
oils and fluids falling below 100 degrees, flash test, in the Elliott
Tester, "State of Georgia, Rejected/' with the name of inspector
and date of inspection. If the inspector shall find any illuminating
oil or fluid under the flash test required by law, or falsely branded,
he shall cause the offender to be prosecuted.
§ 6509. Penalties for violating foregoing sections. — It is the duty A- 1899, p.
of said General Inspector of Oils to personally prosecute each and
every offender under the provisions of this Act, and upon conviction -
such offender shall be punished as prescribed in section 1039 of the
Code of Georgia. And all fines arising from prosecutions under this
Act shall be paid into and become a part of the general educational
fund of this State.
TITLE XX.
LUNATIC ASYLUM.
§ 6510. Georgia Lunatic Asylum; name changed. — The name of a. isot, p.
the Georgia Lunatic Asylum shall be changed to the Georgia State
Sanitarium.
It shall be the duty of the trustees of said institution to make such
changes in the books, papers and legal instruments of said institu-
tion as shall make them conform to the provisions of this Act.
§ 6511. Assistant physicians; women, open to. — In the event of a. 1897, p.
a vacancy in the corps of assistant physicians at the State Lunatic 110'
Asylum by death, removal or resignation, it shall be the duty of the
board of trustees to give thirty days' notice in two of the leading pub-
lic gazettes of this State of such vacancy, and that a written competi-
tive examination will be held on a day and at a place to be named
in said notice, for the purpose of filling such vacancy. Further,
that such competitive examination will be open to all physicians in
good standing, whether women or men, such notice shall moreover
give the term of office and salary attached to said office.
§ 6512. Examinations, how conducted. — The competitive examina- a. 1897, p.
tion Drovided for in section one of this Act shall be conducted by a
board of physicians in pursuance of the requirements clearly outlined
in section one of an Act, approved October 17th, 1891, entitled, "An
Act to regulate the appointment and term of office and removal of phy-
sicians of the Lunatic Asylum," and the applicant who, other neces-
sary qualifications being considered, shall make the highest general
average in such competitive examination, whether woman or man,
shall be employed to fill such vacancy.
§§6513-6517 PART L, TITLE XXL— CHAPTER I. . 144
Military Affairs, Pensions, etc.
a. 1897, p. § 6513. Woman to be appointed to first vacancy. — As it is the pur-
pose of this Act to have at least one woman physician as assistant
physician at said asylum, it shall be the duty of the board of trustees,
in the event that a woman physician be employed in pursuance of
the requirements of section two of this Act, to fill the first vacancy
that may occur in the corps of assistant physicians aforesaid, to sus-
pend the competitive examinations provided for by this Act; but,
should a man be employed, then the next vacancy • shall be open,
through written competitive examination, to men and women phy-
sicians alike.
a. 1897, p. § 6514. Terms of office. — The term of office of such assistant phy-
sician, employed under the terms of this Act, shall be two years, un-
less sooner removed for cause. The salary of such assistant physi-
- cian shall be the same as that wdiich attached to the position at the
time the vacancy occurred. In the event a woman physician is em-
ployed to fill such vacancy, the board of trustees shall assign her to
duty in the line of her profession.
a. 1899, p. § 6515. Pensions of Lunatics who are in Asylum abate. — It shall
not be lawful for any pensioner of this State, after being adjudged
a lunatic and confined in the lunatic asylum, to draw a pension from
the pension fund of this State; provided, that if said pensioner has
a wife or minor children dependent on said pensioner, the same shall
be paid to them.
a. 1899, p. § 6516. Ordinary to notify fact. — The ordinaries of the several
counties of this State shall, as soon as any pensioner has been ad-
judged a lunatic, notify the Commissioner of Pensions of this State,
giving the name, male or female, and the fund that said pensioner
has been drawing form ; provided, that nothing herein contained shall
prevent any pensioner from being replaced on the pension roll when
they have been discharged from the asylum.
TITLE XXI.
MILITARY AFFAIRS, PENSIONS, ETC.
Chapter I. Generally.
Chapter II. Military Forces, Reorganization.
Chapter III. Pensions.
Chapter IV. Confederate Soldiers' Home of Georgia.
CHAPTER I.
GENERALLY.
a. 1897, p. §6517. Adjutant-General and Assistant Adjutant-General, rank
of. — The Adjutant-General of this State shall rank as a Brigadier-
102.
145 PART L, TITLE XXL— CHAPTER I. §§6518-6522
Military Affairs, Pensions, etc.
General and the Assistant Adjutant-General as a Colonel, and they
shall be commissioned.
§ 6518. State Memorial Board. — The Governor shall appoint two a. 1897, p.
of the members of said board for two years and two of the members
of said board for four years, their successors in office to be appointed
for terms of four years each; the Adjutant-General of the State of
G( orgia shall be the other member of said board, and be the ex officio
chairman of the same, and shall meet and designate one of their
number as their secretary. All of said members shall serve without
compensation and without expense.
§ 6519. Confederate cemeteries, investigating condition of. — The a. i897, p.
State Memorial Board shall make a thorough investigation of the
various Confederate cemeteries located in the State of Georgia.
(a) Report to Governor. — Upon the completion of the investiga-
tion provided for (above,) the board shall make to the Governor
a detailed report of its work. It shall report the location of all Con-
federate cemeteries, the number of soldiers buried in each, as nearly
as possible, the present condition of each cemetery, and such other
information as in its judgment may be of value. It shall recommend
such legislation as may be necessary to secure the protection of these
cemeteries from trespass, desecration or destruction, and shall sub-
mit estimates as to what it would cost the State to put them in good
order and keep them so.
(b) Copy submitted to Legislature. — Upon the assembling of the
General Assembly in 1898, the Governor shall submit a copy o/ the
report, together with such recommendations as he may deem wise,
to each branch thereof.
(c) Appropriation. — The sum of five hundred dollars, or so much
thereof as may be necessary, is hereby appropriated to the State
Memorial Board to carry out the provisions of this Act, to be paid
out of any money in the treasury not otherwise appropriated.
§ 6520. Confederate soldiers roster : Roster Committee. — The or- a. 1897, p.
dinary of each county in this State shall appoint a committee of three
from the survivors, whether resident of said county or not, to be
known as the "roster committee" of each company raised in said
county during the late civil war actually engaged in the Confederate
service, or in the service of the said State and of the militia that were
in actual service.
§ C-521. Hov) appointed. — Said committee from each company A\IP7> p-
shall be appointed on the recommendation of the survivors thereof,
and vacancies therein shall be filled in the same manner; provided,
said survivors shall recommend said committee before said first day
of "February, 1898, or a successor within twenty days after the va-
cancy occurs.
§ 6522. Duties of Committees. — It shall be the duty of said com- A*1J|97' p'
rnittee on or before the first day of August, 1898, to prepare and file
with the ordinary a complete roster of said company; that on failure
10— Ga Code
§§6523-6526 PART L, TITLE XXL— CHAPTER I. 146
Military Affairs, Pensions, etc.
to tile said report by said day, the ordinary may by a rule for con-
tempt compel the riling thereof, on a day to be fixed by him.
a. 1897, p. § 6523. Contents of roster. — Said roster shall contain a complete
list of every member of said company who went into actual service
during said war, arranged in alphabetical order, and opposite the
name of each member shall be a brief statement of the time of en-
listment, the rank at the time of enlistment, and the rank obtained
thereafter; if transferred to or from another command, when and
to what command ; if wounded, when and where ; if discharged, for
what cause ; if died in service, the time and cause ; if captured, where
and when; if imprisoned, when and where, and when exchanged.
Said roster shall likewise contain a brief statement of the regiment,.
battalion or legion to which said company was attached, and in what
battles engaged.
A'io597' p' § 6524. Forms for roster. — It shall be the duty of the Governor
to prepare and furnish, to the ordinaries, who shall furnish the same
to said committees, suitable forms upon which said rosters are to
be compiled.
A'io597' P' § 6525. Advertisement of filing of roster. — Immediately after the
filing of said roster by said committee with the ordinary, it shall be
the duty of the ordinary to give public notice of the filing by adver-
tising the same in the newspaper in which sheriff sales are advertised^
once a week for four weeks.
a. 1897, p. § 6526. Errors in roster, correction of. — At any time Avithin four
months thereafter any survivor or descendant of any of the mem-
bers of said company, or representatives of said member, may file,
in writing, objections to said report, pointing out specifically any
error either of omission or commission therein, and upon the expira-
tion of said four months notice shall be given to said committee by
the ordinary requiring them to appear at a place and on a day to be
fixed, not. exceeding sixty days thereafter, which notice shall contain
a copy of all of said objections, and shall be served upon said com-
mittee at least twenty days before the day of hearing, and shall re-
quire said committee on said day of hearing to show cause why their
report should not be amended in accordance with said objections.
Notice shall also be given by said ordinary of the time and place of
said hearing of said obiectors.
(a) On said hearing, if the committee approve of said objections,
the report shall be amended in conformity therewith. If the com-
mittee refuse to so agree, an issue shall be made up and tried by the
court of ordinary as other cases are tried, and if he should sustain said
objection, or any part thereof, he shall amend said report in conform-
ity with his findings.
(b) If no objections are filed, or when the issue made on objec-
tions are disposed of, the ordinary shall then approve said report and
file the same with the clerk of the superior court of said county, who
shall report the same to the presiding judge at the next term of said
105.
147 PART L, TITLE XXL— CHAPTER II. §§6527-6531
Military Forces, Reorganization.
court, who shall examine the same, and if regular, pass an order re-
quiring the same to be recorded on the final records of said court.
§ 6527. Transcript of record as evidence: — A transcript of said a. i897, p.
record shall be competent evidence and shall be prima facie true.
§ 6528. Expenses and fees. — All the expenses of said proceedings a. 1897, p.
shall be paid as court expenses are paid out of the county funds ; that
the ordinary shall receive for all services in his action upon the roster
of each company, where no objections are filed, the sum of three dol-
lars, and for all services where objections are filed the sum of five dol-
lars, in addition thereto; that the clerk of the superior court shall re-
ceive for recording said roster ten cents for each one hundred words ;
that the sheriff shall receive for serving notice upon each member of
said committee thirtv-nve cents.
CHAPTER IT.
MILITARY FORCES^, REORGANIZATION.
§ 6529. Militia force defined*. — The military forces of this State a. i899, p.
shall be the active militia of this State, of which the white forces
shall be known and designated as the "Georgia State Troops/7 and the
colored forces as the "Georgia State Troops, Colored."
§ 6530. Number of military forces. — In time of peace the afore- a. 1899, p.
said military forces shall consist of not exceeding sixty companies
of infantry, white, and seven companies of infantry, colored ; twelve
troops of cavalry, white ; two batteries of artillery, white ; one battery
of artillery, colored; [one battalion of heavy artillery], a band of A. 190o, p.
music to each regiment of infantrv and cavalrv, and the medical 84,
department and hospital ambulance corps, the Governor's staff, and
naval militia, as now authorized; said militarv forces, fullv armed
and equipped, to be allotted and apportioned in such locality of the
State as the interest of the service in the discretion of the Governor
may require. The Governor shall have power, in case of war, in-
vasion, insurrection, riot or imminent danger thereof, to increase
said forces, and shall organize same as the exigencies of the occasion
may demand.
§ 6531. Governor s authority. — The aforesaid military forces shall a. 1899, p.
be organized and arranged, by the Governor, into such regiments, un-
assigned battalions, unassigned companies, separate departments and
corps, with power to make such alterations in the organization and
arrangement thereof from time to time, as he may deem necessary ;
provided, that unassigned battalions and companies of infantry and
cavalry, white, now existing or as may hereafter be organized, shall
be assigned to regiments whenever it is possible, in the judgment of
the Governor, so to do ; provided further, that in time of peace the
number of regiments of infantry, white, shall not exceed five, and the
number of regiments of cavalry, white, shall not exceed one ; pro-
§§6532-6535 PART L, TITLE XXL— CHAPTER II. 148
Military Forces, Reorganization.
vided further, that in such organization and arrangement the com-
panies composing any regiment shall be selected from the same geo-
graphical section of the State, to the end that the territory in which
each regiment is located shall be distinct and separate ; provided fur-
ther, that for the purpose of this Act, as hereinbefore set forth, the
Governor shall be authorized to transfer, if necessary, companies to
and from regiments and battalions as they are new organized; pro-
vided further, that the infantry, colored, shall be organized into one
battalion.
a. 1899, p. § 6532. Regiments, officers of. — Regiments of infantry and cav-
alry shall consist of three battalions and a band, and to each regi-
ment of infantry and cavalry there shall be one colonel, one lieuten-
ant-colonel, not exceeding three majors, in the discretion of the Gov-
ernor, one adjutant, one quartermaster, one commissary, one in-
spector of rifle practice, one chaplain, each with the rank of captain ;
one sergeant-major, one quartermaster-sergeant, one commissary ser-
geant and one color-sergeant.
a. 1899. p. §6533. Battalions, officers of. — Battalions of infantrv and cav-
60 . . '
a]ry, white, shall consist of not less than three, or more than four
companies, and to each battalion there shall be one major, one adju-
tant, with rank of first lieutenant, and one sergeant major: prodded,
that the battalion of infantry, colored, shall consist of not less than
three or more than seven companies, and there shall be one major,
one chaplain, one adjutant, one quartermaster, one commissary, one
surgeon, one inspector of rifle practice, each with the rank of first
lieutenant, one sergeant-major, one quartermaster-sergeant, one com-
missary-sergeant, one hospital steward, and one color-sergeant
A.oi9oo, p. § 6534. Heavy artillery. — The battalion of heavy artillery shall
consist of not more than four nor less than three batteries, which
shall be armed and equipped as infantry, and shall also be instructed
and trained as heavy artillery, and there shall be to said battalion of
heavy artillery one major, one chaplain, one adjutant, one quarter-
master, one commissary, one surgeon, one inspector of rifle practice,
each with the rank of first lieutenant, one sergeant-major, one
quartermaster-sergeant, one commissary-sergeant, one hospital stew-
ard and one color-sergeant.
A.j899,p. §6535. Companies, officers of.— To every company of infantry
and cavalry there shall be one captain, one first lieutenant, one second
lieutenant, one first-sergeant, one quartermaster-sergeant, four ser-
geants, not less than four or more than eight corporals, in the dis-
cretion of the Governor, and not less than thirty or more than one
hundred privates; that to every battery of artillery there shall be
one captain, two first lieutenants, one second lieutenant, one first
sergeant, one quartermaster-sergeant, four sergeants, not less than
four or more than eight corporals, in the discretion of the Governor,
and not less than thirty or more than one hundred privates ; to each
regimental band of music there shall be one chief musician, two ser-
84.
60.
149 PART L, TITLE XXI.— CHAPTER II. §§6536-6542
Military Forces, Reorganization.
geants, two corporals, and not less than twelve or more than fifty
privates ; that to every company there shall be one clerk, who shall be
detailed for that duty from the company.
§6536. "Company" shall include, what. — Eor the purposes of a.^1899, p.
this .Act the "company" or "companies" shall apply to and include
infantry, cavalry, artillery and naval' militia, except where herein
specified, and the term "unassigned battalion" shall apply to bat-
talions not attached to regiments, and the term "unassigned com-
pany,'* to companies not attached to regiments or battalions.
§6537. Mastering out of officers. — Within sixty days from the' a. ^99, p.
passage of this Act all commissioned officers, not herein provided for,
shall be honorably mustered out of the service of the State.
§ 6538. Chartered organizations protected. — Nothing in this Act. A'6J899' p*
shall be construed to defeat or impair the existing charters and
privileges of regiments, battalions or companies, now organized, as
to their property rights.
§ 6539. Names of organizations. — Regiments, battalions and com- a. 1 899, p.
panies already organized, may retain any special name or designa-
tion they have adopted or may have by charter, and any company
hereafter organized may adopt any special name or designation it
may select, but every company must be designated in the regiment
or battalion to which it is assigned, by a letter of the alphabet in the
manner now in use in the United States Army.
§ 6540. Office, only one can be held. — When an officer, either on a. i899. p.
the active or retired list, of the military forces is elected or appointed
to another office, or enlists in the military forces, and accepts same,
such acceptance shall vacate the office and commission previouslv
held.
§ 6541. Enlistment, term of. — Each member of the military forces a. 1899, p.
of this State shall enlist for the term of two years, or in default
thereof the name of such persons shall be dropped from the rolls of
the organization to which they belong.
§ 6542. Retired officers, privileges of. — All commissioned officers A,6J899' p-
of the "Georgia State Troops" who shall have been at date of retire-
ment in commission for the period of ten years, or who shall have
served in the ranks and in commission for the period of fifteen years,
may, upon application and approval of the Governor, be honorably
retired from the service and their names inscribed upon a roll to be
established and maintained in the office of the Adjutant-General and
known as the "Roll of Retired Officers," and such retired officers
shall have the rights, privileges, immunities and exemptions now or
hereafter enjoyed by the military forces of this State, and shall be
entitled to wear, upon any occasion, the uniform of the highest rank
they may have held ; provided, that the time of service of any officer
who served in the Confederate Army, or in the United States Army,
during the Spanish-American war with the volunteers from this
State, shall be counted double if necessary, to make the ten or fifteen
6543-6551 PART L, TITLE XXL — CHAPTER II. 150
Military Forces, Reorganization.
years service required ; and the service required herein need not be
continuous.
a. 1899, p. § 0543. Retiring Board. — Whenever, in the opinion of the Gov-
ernor, such occasion is necessary, he is hereby authorized to appoint
a board of three officers and a recorder, to be known as :i "Retiring
Board/"' to pass upon the fitness of any officer for continuance in
commission for any cause whatsoever. Should this board find that
an officer should not be continued in commission and the Governor
so approves, said officer may be wholly retired from the service of the
State and his commission cancelled, or should he have service suffi-
cient to entitle him to be placed upon the roll of retired officers, and
the retiring board should so recommend, he shall, with the approval
of the Governor, be placed upon said "Roll of Retired Officers" and
his office declared vacant.
A,6J899'p- §6544. Uniform, wearing without commission. — [Repealed. Acts
A.gi9oo,P. i9oo; p. 84.]
a. 1899, p. § 6545. Oaths, officer may administer. — Any officer of the military
forces of this State is authorized to administer oaths and to witness
any military papers over his official signature, for which no charge
shall be made.
a. 1899, p. § 6546. Drills of company. — The commanding officer of any com-
pany, in the discretion of the Governor, shall be authorized to hold
one company drill per month, and to enforce the attendance thereat
of any officer or enlisted man of his command.
a.jl899, p. §6547. "Veteran Roll." — Any regiment, battalion or company
may provide a roll to be known as the "Veteran Roll," and any en-
listed man of the command who shall have served ten years in the
State service, shall be entitled to be honorablv retired from active
service, and to have his name placed upon said roll, and shall be en-
titled to wear the uniform and parade with such organization upon
any occasion of ceremony; provided, that such service need not be
continuous.
a. 1899, p. § 6548. Liquor, sale forbidden in camp. — The commanding officer
of any rank shall have authority to prevent the sale or giving away
of any spirituous, vinous or malt liquors within said camp or a
quarter of a mile thereof; provided, that said camp shall not be
nearer than one mile to any incorporated town or city.
a. 1899, p. § 6549. Courtmartials. — General conrtmartials shall have author-
ity to punish in their discretion, any violation of the military laws
or regulations by a person in the military service of said State, to
the extent of a misdemeanor subject to the approval of the Governor.
a. 1899, p. § 6550. Pensions. — Anv officer or enlisted man iniured while in
active service of the State, shall be entitled to such pension as the
General Assembly may provide.
a. 1899, p. §6551. Road duty and Street tax, exemptions. — Every officer,
non-commissioned officer, musician, or private of said volunteer forces
shall be exempt from road duty and street tax during the time of
60.
60.
60.
60.
60.
151 PART L, TITLE XXL— CHAPTER III. §§6552-6557
Pensions.
his service as such in the said volunteer forces, and each company of
said volunteer forces shall have the privilege of bearing upon its rolls
a class of special pay members, not exceeding thirty in number, to be
called u Special Pay Members/' who, upon paying a sum of money,
as prescribed by said company, not less than twenty-five dollars per
annum each to said company ? shall be exempt from jury and road
duty, and street tax, so long as such membership is continued. Cer-
tificates of membership shall be prepared and shall be signed by the
commanders of said companies, and delivered to all of the pay mem-
bers of said company, and when produced in any court of this State
shall be evidence of the right of the holder thereof to exemption
herein grafted.
§ 6552. Surgeons. — To each regiment of infantry and cavalry, of a. isw, p.
""Georgia State troops," there shall be one surgeon, with the rank of °*
captain, and not less than one, or more than two assistant surgeons,
with the rank of first lieutenant, in the discretion of the Governor,
and to each battery of artillerv there shall be an assistant surgeon,
with the rank of first lieutenant, all to be appointed and commis-
sioned as now provided by law, and to hold office for the same period
as other officers.
§6553. Senior officer commands. — Upon any occasion, what so- a. 1899, p.
ever, when the Georgia State troops, and the Georgia State troQps, 60'
•colored, shall join together for duty, the senior officer of the Georgia
State troops then present shall command the whole.
§ 6554. [Repeal of sections 1147, 1158, 1191, 1229, 1230, 1231, a i899,P.
1232, 1235, 1236, 1237, 1238, 1239.] 6°-
CHAPTER III.
PENSIONS.
§6555. Confederate Soldiers and Widows. — The Confederate a. 1897, p.
soldiers and widows of Confederate soldiers, who were residents of m
this State on Dec. 6, 1897, shall be allowed pensions regardless of
previous residence, provided the service of such soldier was rendered
as a member of a Georgia regiment or company, and the applicant
for pension is otherwise entitled to same under the various pension
laws.
§6556. Commissioner of Pensions. — There shall be a Commis- A,65896' p'
sioner of Pensions, whose term of office shall be three years, with a
salary of two thousand ($2,000) dollars per annum, who shall be
appointed by the Governor.
§6557. Duties of commissioner. — It shall be the duty of said a. 1896, p.
Commissioner of Pensions to examine and pass on all pension claims
under existing laws, to keep a correct record of all approved claims,
with the name, disability, service, county, and amount paid; to
§§6558-6566 PART L, TITLE XXL— CHAPTER III. 152
Pensions.
furnish the various ordinaries with suitable blanks for use of claim-
ants ; to draAV a warrant on the State treasurer to be signed by the
Governor and countersigned by the Commissioner for the amounts
which may be due on approved claims, and for which appropriations
are made ; to furnish to the clerks of the several superior courts by
the first day of January of each year lists of the pensioners for such
county, as provided by the Acts of October 19, 1891.
a. 1896, p. §6558. Annual Report. — The said Commissioner of Pensions
65, shall on the first dav of October of each year make to the Governor
a written report showing under the several pension laws the whole
number of pensions, the number of claims allowed for the past year
and the amounts paid, together with such other information pertain-
ing to his office as the Governor may ask.
a. 1896, p. §6559. Records, etc., open to inspection. — All records, books,
claims, or other matters connected with the office of said Commis-
sioner of Pensions shall be kept open to inspection, and under the
charge and direction of the Governor, and all rulings made by said
Commissioner shall be subject to revision and change by the Gov-
ernor.
a. 1896, p. §6560. Office, duration of. — This office shall continue for six
years only, unless continued by further legislation.
a. 1896, p. §6561. Commissioner not act as Attorney. — The said Commis-
65, sioner of Pensions shall not exercise the power of attorney to draw
any pension.
§ 6562. Grime to tale fees.— [See Penal Code Sup., § 6690-91.]
a. 1896, p. § 6563. Confederate widows. — The Act entitled "an Act to allow
pensions to certain Confederate widows, and for other purposes,"
approved December 23, 1890, (See § 1263) shall be construed to
cover and embrace not only such persons as were widows at the time
said Act was approved, but such other persons as have or may here-
after become widows, provided all other requirements set out in said
Act and the Act amendatory thereof shall be complied with.
a. 1897, p. § 6564. Appropriations for 1898. — In addition to the sum here-
tofore appropriated by the Act of December 24, 1896, for the pay-
ment of pension of indigent soldiers the other and further sum of
forty thousand dollars is hereby appropriated for payment of said
pensions for the year of 1898, aggregating and making a total of one
hundred and ninety thousand dollars for said year.
a.^1898, p. §6565. Pensions of 1898, unpaid. — The sum of seven hundred
and fifty dollars ($750.00); or so much thereof as may be necessary,
was appropriated to pay pensions for 1898 to such invalid pensioners
or their widows who had been regularly enrolled in the Pension
Office and who had previously drawn pensions, but who had failed
to receive such pensions for want of funds to pay the same.
a. 1899, p. § 6566. Appropriation for 1900. — In addition to the sum hereto-
fore appropriated by the Act of December 22, 1898, for the payment
of pensions to invalid soldiers, the other and further sum of two
15.
19.
n.
153 PART L, TITLE XXL— CHAPTER IV. §§6567, 6568
Confederate Soldiers' Home of Georgia.
thousand and five hundred dollars is hereby appropriated for pay-
ment of said invalid pensions for the year 1900, aggregating and
making a total of one hundred and ninety-five thousand dollars for
said year 1900. And in addition to the sum heretofore appropriated
by said Act of December 22, 1898, for the payment of pensions to
indigent soldiers, the other and further sum of thirtv thousand dol-
lars is hereby appropriated for payment of said indigent pensions
for the year 1900, aggregating and making a total of two hundred
and sixtv-eight thousand dollars for said vear 1900.
CHAPTER IV.
CONFEDERATE SOLDIERS* HOME OF GEORGIA.
§ 6567. Conditions of gift of land; appropriation for. — Whereas, a. iqoo, p.
The trustees of said Home have tendered to the State one hundred
and nineteen and one fourth acres of land and its appurtenances,
situated near the city of Atlanta, known as part of the "Schultze
place," fully described in a deed thereto from Emmy Vender Hoy a
Schultze to the committee on location of said Home, recorded in
book "13," page 398, records of deeds in the clerk's office of Eulton
Superior Court, and afterwards conveyed to said Home, upon which
is located a building designated as the Confederate Soldiers' Home
of Georgia, which land and building have cost about the sum of forty-
five thousand dollars, and were paid for by contributions from citi-
zens of Georgia and others, and said land has, since its purchase,
largely increased in value, and continues so to increase, upon con-
ditions that the Home shall be maintained by the State for the benefit
of such ex-Confederate soldiers as may need the benefit thereof, for
a period of twenty years, or for such period as the number of inmates
or applicants may justify or require, in the discretion of the legisla-
ture. After the expiration of such term the entire property to belong
to the State, in fee simple, to be used and disposed of as the General
Assembly may deem best; therefore, said property so tendered is
hereby accepted upon said conditions, and the sum of fifteen thousand
dollars for the year 1901, or so much thereof as may be necessary, is
hereby appropriated for the maintenance of said Home, including
the furnishing of same, and such ex-Confederate soldiers as shall be
entitled to the benefits thereof under the rules hereinafter prescribed ;
provided, however, that no part of the said $15,000.00 shall be ex-
pended as contemplated in said Act until forty bona fide applications
for admission into said Home are filed and accepted by said board
of trustees.
§ 6568. Board of Trustees; Appointment; Duties; Report of. — a. 1900. P.
There shall be a board of trustees appointed by the Governor, con-
sisting of eleven members, one from each congressional district, who
86.
6569-6571 PART I., TITLE XXL — CHAPTER IV. 154
Confederate Soldiers' Home of Georgia.
shall serve without compensation for the term of five years, whose
duty it shall be to have charge of said institution and provide all
necessary rules and regulations for the government thereof and for
the admission therein; to exercise all other powers incident to the
same not conflicting with the law and requirements of this Act; to
appoint a superintendent thereof at a salary not to exceed Hve hun-
dred dollars per annum, treasurer, steward and such other assistants
or employees as be necessary to the efficient administration of the
institution ; prescribe their duties, fix their compensation and remove
said incumbent from office when, from any cause, the good of the
institution may require it; to hold in trust for said institution any
devise or bequest of property of any kind, or money, for its gen-
eral use or any particular use designated; to visit the institution as
often as may be necessary, and on the first day of October of each
year to make to the Governor, to be by him laid before the General
Assembly, a complete report of the condition of the same in all its
departments. Said trustees shall present to the Governor at least ten
days before the annual meeting of the General Assembly an exact
estimate of the amount of money required for the support of said
Home for the succeeding year.
a. i9oo, p. §6569. Treasurer; Duties; Bond of. — The treasurer shall give
bond and security in the sum of five thousand dollars ; shall make
quarterly applications for funds from the treasury for the support
of the institution and accompany the same with an itemized account
of his expenditures for the preceding quarter, with duplicate vouch-
ers for the sum disbursed by him, and the Governor shall draw his
warrant for the sum required.
a. 1900, p § 6570. Beneficiaries of Home. — Ex-Confederate soldiers who are
residents of the State of Georgia, and have resided in the State of
Georgia five years prior to this Act and honorably discharged from
the Confederate service, and who are unable by age, infirmity or
poverty to maintain themselves, may be admitted to said Home and
receive its benefits under the regulations prescribed by the board of
trustees as herein provided, and shall be furnished with food, lodging,
necessary clothing, medicine and medical attendance and shall per-
form such duties as may be prescribed by the superintendent, with
the sanction of the trustees, and in case of death shall have decent
burial.
a. i9oo, p. § 6571. Pensions abate while inmate of Home. — ]STo soldier who
accepts the benefits of the Home provided for in this Act shall at the
same time draw any pension under the laws of this State, but his
becoming an inmate of said Home shall be in lieu of his pension;
provided, those who are now, or hereafter may be, drawing a pension
from this State shall be given the preference in the selection of in-
mates in said institution by the authorities thereof] provided, no
soldier shall be admitted the same year he receives from the State a
pension.
86.
86.
155 PART L, TITLE XXII.— CHAPTER I. §§6572-6576
Agriculture, Horticulture and Pomology — Fertilizers.
§ 6572. Admission of applicants. — Those admitted into the Home a. 1900, p.
provided by this Act shall be from the several counties of the State
of Georgia, according to their population, in the event the number
of applicants are more than can be accommodated.
TITLE XXII.
AGRIC ULTUKEj HORTICULTURE AND POMOLOGY.
Chap. I. Fertilizers.
Chap. II. Bonded Public Warehouses.
Chap. III. Mortgages on Crops.
Chap. IV. Horticulture and Pomology.
Chap. V. Board of Entomology.
CHAPTER I.
FERTILIZERS.
§ 6573 (1568). Accounting for money received from inspectors. — a. ism, p.
It shall be the duty of the Commissioner of Agriculture to keep a
correct account of all money received from the inspection of fertili-.
zers, and to pay the same into the treasury after paying out of said
sum the expenses and salaries of inspectors, and for the tags and
bottles used in making such inspections, [and all materials used for A,9g898' p*
making such inspections, and the materials used in recording same
and postage for sending out the bulletins pertaining to the fertilizers ;
provided, this expense of said materials for making inspections, and
records of said inspections and for postage in sending out bulletins of
said fertilizers (not already included in the law pertaining to fer-
tilizers) shall not exceed the sum of five hundred dollars per annum.]
§6574. Branded how. — It shall be unlawful to sell any [com- a. 1897, p.
mercial] fertilizers in this State unless the ffrade of same is branded a. 1898, p.
. . 100.
upon each sack or package thereof in letters not less than one inch :
[provided, that this Act shall not be construed as applying to cotton A-tJ^98' p-
seed meal and German kainit and muriate of potash] .
§ 6575. Graded, how. — The grades of such fertilizers shall be di- a. 1897, p.
vided into three, to wit: "High grade," which shall contain not less
than fourteen per cent, of plant food; "Standard grade," which shall
contain not less than twelve per cent, of plant food, and "Low grade,"
which shall contain not less than ten per cent, of plant food ; provided,
this Act shall not go into effect until after the first day of August,
1898.
§ 6576. Penalty in case of failure. — A failure to comply with the a. 1897, p.
requirements of this Act shall subject the seller thereof to all the
pains and penalties now of force for failure to have fertilizers prop-
erly inspected.
§§6577-6581 PART L, TITLE XXII.— CHAPTER II. 156
Bonded Public Warehouses.
CHAPTER II.
BONDED PUBLIC WAREHOUSES.
a. 1899, p. § 6577. Any person engaged in the business of a warehouseman,
or any corporation organized under the laws of this State, and whose
charter authorizes them to engage in the business of a warehouseman
within this State, may, if they so desire, become a bonded public
warehouseman, and authorized to keep and maintain bonded public
warehouses for the storage of cotton and other goods, wares and mer-
chandise as hereinafter prescribed, upon their giving the bond here-
inafter required.
a. 1899, p. § 6578. Bond to he given. — Every person or corporation desiring
to become a bonded public warehouseman under the authority granted
by the preceding section shall give bond to an amount based on the
estimated value said warehouseman will provide storage for. Said
bond shall be made payable to the clerk of the superior court of the
county wherein such bonded public warehouse is situated, and be
conditioned for the faithful performance of his duties and liabilities
as a bonded public warehouseman under the provisions of this act.
The surety or sureties upon said bond shall be some one or more of
the guarantee, surety, fidelity insurance, or fidelity and deposit com-
panies, which are described in section first of an Act entitled "An Act
to authorize solvent guarantee companies, surety companies, fidelity
insurance companies, and fidelity and deposit companies to become
surety upon attachment bonds, and upon the bonds of city, county
and State officers, and providing remedies against such bonds, and
for other purposes," approved December 24th, 1896 (§6620, post) ;
all of the provisions of said Act being hereby made applicable to the
purposes and provisions of this Act, so far as the same are pertinent
or applicable hereto; and it shall be the duty of said clerk of the
superior court to fix the amount of said bond, and to approve the
surety or sureties thereon.
a. 1899, p. § 6579. Liability of principal and sureties. — Whenever such
bonded public warehouseman fails to perform his duty as such, or
violates any of the provisions of this Act, any person injured by
such failure or violation may bring his action in a court of competent
jurisdiction against the principal and sureties upon the bond of said
warehouseman.
A.J899, p. § 6580. Insurance of stored property. — Every such bonded public
warehouseman shall cause to be insured for the benefit of whom it
may concern, unless requested not to insure by the owner, all property
placed, in storage with him in his said bonded public warehouse, such
insurance to be so taken out as to cover and protect said property
from the time it is so stored with him.
a. 1899, p. §6581. Receipts of luarehouseman. — E very ■ such warehouseman
shall, except as hereinafter provided, give to each person depositing
84.
84.
157 PART L, TITLE XXII. —CHAPTER II. §§6582-6585
Bonded Public Warehouses.
property with him for storage a receipt therefor, which shall be
negotiable in form, and shall describe the property, distinctly stating
the brand or distinguishing marks upon it, and if such property is
grain the quantity and inspected grade thereof. The receipt shall
also state the rate of charges for storing the property, and amount
and rate of insurance thereon, and also the amount of the bond given
to the clerk of the court, as hereinabove provided ; provided, however,
that every such warehouseman shall, upon request of any person de-
positing property with him for storage, give to such person his non-
negotiable receipt therefor, which receipt shall have the words "non-
negotiable" plainly written, printed or stamped on the face thereof;
and provided, that no assignment of such non-negotiable receipt shall
be effective until recorded on the books of the warehouseman issuing
it; provided further, that the non-negotiable receipt may be sur-
rendered at any time by the owner thereof, and a negotiable receipt
issued in lieu of the same.
§ 6582. Transfer of receipts. — The title to cotton and other goods, a. 1899, p.
wares and merchandise stored in such bonded public warehouses shall
pass to a purchaser or pledgee thereof by the delivery to him of the
said warehouseman's receipt therefor with an endorsement thereon
to such purchaser or pledgee signed by the person to whom such re-
ceipt was originally given by said warehouseman or by the endorsee
of such receipt.
§ 6583. Mixed grain or other property. — When grain or other a. 1899, p.
property is stored in such bonded public warehouses in such a manner
that different lots or parcels are mixed together, so that the identity
thereof cannot be accurately preserved, the warehouseman's receipts
for any portion of such grain or property shall be deemed a valid
title to so much thereof as is designated in said receipt, wuthout re-
gard to any separation or identification.
§ 6584. Boohs of warehouseman. — Every such warehouseman shall A. 1899, p.
keep a book in which shall be entered an account of all his transac- 84,
tions relating to warehousing, storing and delivering cotton, goods,
wares and merchandise, and to the issuing of receipts therefor, which
book shall be open to the inspection of any person actually interested
in the property to which such entries relate.
§6585. Storage sale for non-payment. — Every bonded public a. 1899, p.
warehouseman who shall have in his possession any property by virtue 84,
of any agreement or warehouse receipt for the same on which a
claim for storage of the same is at least one year overdue, may pro-
ceed to sell the same at public auction, and out of the proceeds may
retain all charges for storage on snch goods, wares and merchandise,
and any advances that may have been made thereon by him on them,
Avith legal interest thereon, and the expenses of advertising and sale
thereof. But no sale shall be made until after the giving of printed
or written notice of such sale to the person or persons in whose name
such goods, wares and merchandise wTere stored, requiring him or
§§6586-6589 PART L, TITLE XXII.— CHAPTER II. 158
Bonded Public Warehouses.
84.
them, naming them, fy pay the arrears or amounts due for such
storage, and in case of default in so doing, the goods, wares and mer-
chandise may be sold to pay the same at a time and place to be speci-
fied in such notice.
a.q1899, p. § 6586. Notice by ivarehouseman. — The notice required in the last
preceding section shall be served by delivering to the person or per-
sons in whose name such goods, wares and merchandise were stored,
or by leaving it at his usal place of abode, if within this State, at
least thirty days before the time of such sale, and a return of the
service shall be made by some officer authorized to serve civil process,
or by some other person, with an affidavit of the truth of the return.
If the party storing such property cannot with reasonable diligence
be found within this State ; then such notice shall be given by publi-
cation once in each week for two successive weeks, the last publica-
tion to be at least ten days before the time of such sale, in a news-
paper published in the city or town where, such warehouse is located ;
or if there is no such paper, in one of the principal papers published
in the county in which said city or town is located. In the event
that the party storing such goods shall have parted with the same,
and the purchaser shall have notified the warehouseman, with his
address, such notice shall be given to such person in lieu of the person
storing the goods.
a. 1899, p. § 6587. Proceeds of sale; entry, etc. — Such bonded public ware-
84, houseman shall make an entry in a book kept for the purpose of the
balance or surplus of proceeds of sale, if any, and such balance or
surplus, if any, shall be paid over to such person or persons entitled
thereto, on demand.
a. 1899, p. § 6588. Penalty for unlawful disposition of goods deposited. —
Whoever unlawfully sells, pledges, lends, or in any other way dis-
poses of, or permits, or is a party to the unlawful selling, pledging,
lending, or other disposition of any goods, wares, merchandise or
thing deposited in a bonded public warehouse, without the authority
of the party who deposited the same, or of the lawful transferee or
indorsee of the receipt given therefor, shall be punished by a fine not
to exceed $2,000.00, and by imprisonment in the State Penitentiary
for not more than three years. But no bonded public warehouseman
shall be liable to the penalties provided in this section unless with
intent to injure or defraud any person to whom he so sells, pledges,
lends, or in any other way disposes of same, or is a party to the unlaw-
^ ful selling, pledging, lending, or other unlawful disposition of any
goods, wares, merchandise, article or thing so deposited and receipted
for by him.
a. 1899, p. § 6589. Perishable property, sale of. — Whenever a bonded public
warehouseman has in his possession any property which is of a per-
ishable nature, or will deteriorate in value by keeping, or upon which
the charges for storage will be likely to exceed the value thereof, or
which by its odor, leakage, inflammability or explosive nature is likely
159 PART L, TITLE XXII.— CHAPTER III. §§ 6590-6593
Mortgages on Crops.
to injure other goods, such property having Ween stored upon non-
negotiable receipt, and when said warehouseman has notified the per-
son in whose name the property was received to remove said property,
but such person has refused or omitted to receive and take away such
property, and to pay the storage and proper charges thereon, said
bonded public warehouseman may, in the exercise of a reasonable
discretion, sell the same at public or private sale without advertising,
and the proceeds, if there are any proceeds, after deducting the
amount of said storage and charges and expenses of sale, shall be
paid or credited to the person in whose name the property was stored ;
and if said person cannot be found, on reasonable inquiry, the sale
may be made without any notice, and the proceeds of such sale, after
deducting the amount of storage, expenses of sale, and other proper
charges, shall be paid to the person entitled to the same.
§ 6590. Unsalable property. — When a bonded public warehouse- a. isw, p.
man, under the provisions of the preceding section, has made a rea-
sonable effort to sell perishable and worthless property, and has been
unable to do so because of its being of little or no value, he may then
proceed to dispose of such property in any lawful manner, and he
shall not be liable in any way for property so disposed of.
§ 0591. Storage, liability for. — When a bonded public warehouse- a. 1899, p.
man, under the provisions of the two preceding sections, has sold or
otherwise disposed of property, and the proceeds of such sale have
not equalled the amount necessary to pay the storage charges, ex-
penses of sale and other charges against said property, then the per-
son in whose name said property was stored shall be liable to said
bonded public warehouseman for any amount which, added to the
proceeds of such sale, will be sufficient to pay all the proper charges
upon said property, or in case such property was valueless and there
were no proceeds realized from its disposition, the person in whose
name said property was stored shall be liable to said public ware-
houseman for all proper charges against said property.
CHAPTER III.
MORTGAGES ON CKOPS.
§ 6592. Lien of mortgages on crops. — The lien of mortgages on a. 1899, p.
crops, which mortgages are given to secure the payment of debts fot* 78"
money, supplies and other articles of necessity, including live stock,
to aid in making and gathering such crops, shall be superior to judg-
ments of older date than such mortgages.
§ 6593. Supplies shall be furnished within the year. — In order for a. 1899, p.
such lien to have priority, as (above) provided, the money or
other supplies mentioned in said section shall be furnished in the
§§6594-6598 PART L, TITLE XXII. —CHAPTER IV. 160
Horticulture and Pomology.
year in which such crop is grown, and shall be intended in good faith
to be used in and for the purpose of making such crops.
A.^i899, p. § 6594. Landlord's liens not affected. — -^Nothing herein shall be
construed as affecting the lien of landlords for rent and supplies, as
is now provided under existing laws.
in.
CHAPTER IV.
HORTICULTURE AND POMOLOGY.
a.^1897, p. §6595. Department established; rules, etc. — The Commissioner
of Agriculture of this State shall establish and operate a special de-
partment of Horticulture and Pomology in connection with and to be
a part of the Department of Agriculture, and said special department
to be under the direct control and management of the Commissioner
of Agriculture, who shall formulate such rules and regulations as he
may deem best for the success of said special department and the
carrying out of the purposes and intent of this Act.
a.^1897, p. § 6596. Entomologist, appointment of. — The Commissioner of
Agriculture shall employ and appoint one competent person, who
shall be recommended by the State Horticultural Society, and who
shall be an entomologist especially qualified by practical experience
and a thorough knowledge of horticultural and pomological science,
for the term of two years, to assist him in operating said special de-
partment and perform such duties as may be required of him by
the Commissioner of Agriculture in connection with said special de-
partment.
a. 1897, P. § 6597. Duties of entomologist. — After subscribing to an oath for
the faithful performance of all duties required of him by direction
of Commissioner of Agriculture, to encourage practical Horticulture
and Pomology in this State ; to collect, compile, compose and dis-
tribute information and statistics on these subjects of a practical,
specific and general character among the fruit and vegetable growers
of the State ; to visit horticultural, fruit, melon and vegetable grow-
ing sections of the State, to inspect orchards, fruit trees, vineyards,
melon farms, vegetable farms, nurseries, plants, grafts, scions, pack-
ing houses, fruit cars, fruit packages, boxes and other materials used
for handling marketing and shipping fruits, melons and vegetables.
a. 1897, p §6598. Reports of entomologist. — Upon discovery of any infec-
m" tious or contagious disease or insect pests, injuries to fruit trees,
melons, vineyards, plants or vegetables, report the same in detail to
the Commissioner of Agriculture, together with all the information
he can obtain by correspondence, books, practical experience, personal
observation or otherwise, as to origin, effect, habit, experience with,
treatment of and remedies for such diseases, pests or infections, and
shall make such suggestions as will tend to diminish or destroy such
161 PART L, TITLE XXII. —CHAPTER IV. §§6599-6601
Horticulture and Pomology.
diseases and insect pests, and perform such other act and duties, by
direction of the Commissioner of Agriculture, as will subserve the
public good in extension and protection of the Horticultural and
Pomological interest of the State.
§6599. Complaints of infection to be investigated. — When com- a. 1897, p.
plaint is made or information conies to the Commissioner of Agri-
culture that there exists in any orchard, fruit trees, vineyard, melon
farm, vegetable farm, fuit packing-house, store-room, sales-room, or
any other place in this State, infectious or contagious diseases, or
that are infected with destructive insects, or the eggs or lava? of such
insects, or that any package of trees, fruit or plants are in transit to
this State, or in the State, being or to be distributed, which are
known or suspected to be from localities that are infected with con-
tagions diseases, pests or insects which are injurious to the fruit,
melon or vegetable interest of this State, he shall cause the entomolo-
gist to inspect the premises or property to which such complaint or
information relates, and if the same be found to be diseased or in-
fected, as aforesaid, the Commissioner of Agriculture shall order, in
writing, the person or persons owning or having in charge the prem-
ises or property so infected, to destroy, disinfect or remove from the
State the same, as he deems for the best interest of the State, within
five days after the receipt of said notice. /
§ 6600. Infected property, how disposed of. — Any person or per- a. 1897, p.
sons receiving notice from the Commissioner of Agriculture to de-
stroy, remove or disinfect any such diseased or infected premises or
property, shall within five days from the receipt thereof destroy, re-
move or disinfect any such diseased or infected premises or prop-
erty, shall within five days from the receipt thereof destroy remove
or disinfect said premises or property as directed by said Commis-
sioner, and notify him that the same has been done; or, should said
person or persons so notified object to compliance with the order of
the Commissioner of Agriculture, he shall, within five days from the
receipt of said notice, inform said Commissioner, in writing, setting
forth his objections and reasons for refusal to comply with his order.
It shall then be the duty of said Commissioner to notify said objector
of his intention to arbitrate the case, as hereinafter provided.
§ 6601. Arbitration in case of difference. — In all cases of dis- a. 1897, p.
agreement, arising under this Act, between the Commissioner of m*
Agriculture and any person or persons objecting to the execution of
his order in reference to destroying, removing, or disinfecting prop-
erty, the Commissioner of Agriculture shall select one person, the
objector shall select one person, and the said two, so selected, shall
select a third person, all of whom shall be citizens of the county of
this State where the cause pending originated, and they shall be and
are hereby constituted a board of arbitration with power to try any
case arising nnder this Act.
11 Ga Code
§§6602-6605 PART L, TITLE XXII. —CHAPTER V. 162
Board of Entomology.
a. 1897, p. §6602. Hearing by commissioners. — Said Board of Arbitrators,
when appointed, after taking the usual oath of Arbitrators, shall
immediately notify all parties at interest of the day, time and place
of their meeting, to try said cause ; and they shall take testimony,
try and adjudge said matter and render their decision, in writing,
to both the objector and Commissioner of Agriculture; and if their
decision be against the objector, they shall place the order of the
Commissioner of Agriculture, in reference thereto, in the hands of
the sheriff, or his deputy, who shall immediately proceed to execute
the same, and collect all costs of said trial, including one dollar each
for the Arbitrators, from the objector; but, if their decision shall be
in favor of the objector, then all costs, including the sum of one
dollar each for the Arbitrators, to be paid by the county in which said
cause was tried. Said board shall have power to subpoena and require
the presence of such witnesses as may be needed in any investigation
pending before them, in the same manner as justices of the peace
may do.
a. 1897, p. § 6603. Penalty for violation of act. — Any person or persons re-
m" fusing or failing to obey the order of the Commissioner of Agricul-
ture, in reference to destroying, removal, or disinfection of premises
or property in their possession, infected or diseased as aforesaid,
and who shall fail to notify said Commissioner, as heretofore pro-
vided, or shall refuse to appoint an Arbitrator, or arbitrate said
cause, as provided in this Act, or shall hinder or prevent the sheriff,
or his deputy, from executing said order, or shall prevent the en-
tomologist from entering upon premises, or inspecting property sus-
pected or known to be diseased or infected, shall be guilty of a mis-
demeanor, and upon conviction shall be punished as prescribed in
section 1039, volume 3, of the Code of 1895.
a. 1897, p. § 6604. Salary of entomologist. — The sum of twenty-five hundred
dollars ($2,500), or so much thereof as may be necessary, shall be-
come and is hereby made a charge against the annual appropriation
of ten thousand dollars, which latter was made for the purpose of
carrying out the designs for which the Department of Agriculture
was instituted; and the said twenty-five hundred dollars shall be
used by the Commissioner of Agriculture to pay an annual salary,
not to exceed fifteen hundred dollars ($1,500) per annum to an
entomologist, and to pay the actual and necessary expenses of said
special Horticultural and Porno] ogical Department, not to exceed
the sum of one thousand dollars.
CHAPTER V.
BOARD of entomology.
iii. 'p' § 6605. Board, how constituted. — The Commissioner of Agricul-
A91898'P' ture of the State of Georgia, the President of the Georgia State
163 PART L, TITLE XXII.— CHAPTER V. §§6606-6609
Board of Entomology.
Horticultural Society and the President of the Georgia State Agri-
cultural Society shall, ex-officio, constitute a board to be known as
the State. Board of Entomology, of which the Commissioner of Agri-
culture shall be chairman, which board shall have full power to enact
such rules and regulations governing the inspection, certification,
sale, transportation and introduction of trees, shrubs, cuttings, buds,
vines, bulbs, and roots, that they may deem necessary to prevent the
further introduction, increase and dissemination of insect pests and
plant diseases.
§ 6606. Duty of Entomologist. — The State Entomologist ap-A.i898)P.
pointed by the Commissioner of Agriculture under the provisions of
the Act cited above, approved December 21, 1897, shall act as an
inspector under the provisions of this Act, and it shall be the1 duty
of the said board to promulgate rules and regulations in accordance
with this Act for the government of the said Entomologist in the
duties devolving upon him in the execution of the provisions of this
Act,
§ 6607. Salary; expenses. — The salary of the said entomologist A- J898> p-
shall not exceed one thousand and five hundred dollars per annum,
and that said salary shall be paid out of the funds in the Agricultural
Department arising from the inspection of oils. In addition to the
above appropriation the sum of [thirty-five hundred dollars] >per a. 1900, p.
annum is hereby appropriated out of the funds in the Agricultural
Department arising from the inspection of oils for the purpose of
defraying the expenses of the execution of this Act, the equipment
of a laboratory, the traveling and other incidental expenses of the
entomologist, and the issuing of reports and other publications. [The a. 1900, p.
board may also employ such assistants to the entomologist as may be
deemed necessary.
§6608. Power of Entomologist. — The Entomologist shall have a. 1898, p.
power under the regulations of the Board of Control, to visit any
section of the State where such pests are supposed to exist, and shall
determine whether any infested trees or plants are worthy of re-
mediable treatment or shall be destroyed, and he shall immediately
report his findings in writing, giving reasons therefor to the owner
of the infested plantation, his agents or tenants, and a copy of each
report shall also be submitted to the said board. In case of objec-
tions to the findings of the inspector an appeal shall be made to the
said board, who shall have the power to summon witnesses and hear
testimony on oath, and whose decision shall be final. An appeal
must be taken within three days and shall act as a stay of proceed-
ings until it is heard and decided.
§6609. Treatment or destruction of trees or plants. — Upon the a. 1898, p.
findings of the inspector in any case of infested trees or plants, the
treatment prescribed by him shall be executed at once (unless an ap-
peal is taken) under his supervision; cost of material and labor shall
be borne by the owner; provided, however, that in case the trees or
6610-6615 PART L, TITLE XXII.— CHAPTER V. 164
Board of Entomology.
plants shall be condemned, they shall be destroyed by the inspector,
and the expense of such action shall be borne by the owner. No com-
pensation shall be allowed for any plants that shall be destroyed.
a. 1898, p. | 6610. Orders of Inspector, how enforced. — In case any person
or persons refuse to execute the directions of the Inspector or of the
said board after an appeal, the County Judge, or Ordinary, shall,
upon complaint filed by the inspector or any freeholder, cite the.
person or persons to appear before him within three days' notice after
being served and that the said judge or ordinary may hear and de-
termine all these cases in vacation; and upon satisfactory evidence,
shall cause the prescribed treatment to be executed, and the expense
thereof and costs of court shall be collected from the owner or owners
of the infected plants.
a. 1898, p. § 6611. Penalty for sale of infected plants. — It shall be unlawful
to offer for sale, sell, give away or transport plants, scions, buds,
trees, shrubs, vines or other plants, tubers, roots, cuttings, bulbs,
known to be infested with dangerously injurious insects or plant dis-
eases. Any person or persons violating this section shall, upon con-
viction thereto, be guilty of a misdemeanor.
a. 1898, p. §6612. Penally for obstructing Board. — The Board of Control,
its agents or employees are hereby empowered with authority to enter
upon any premises in discharge of the duties herein prescribed. Any
person or persons who shall obstruct or hinder them or their agents
in the discharge of these duties shall be deemed guilty of a misde-
meanor, and upon conviction thereof be guilty of a misdemeanor.
a. 1898, p. §6613. Rules of Board. — The Board shall have power to also
adopt rules and regulations, not inconsistant with the laws and Con-
stitution of the State and the United States, for preventing the in-
troduction of dangerously injurious crop pests from without the
State, and for the governing of common carriers in transporting
plants liable to harbor such pests to and from the State, and such
regulations shall have the force of laws.
a. 1898, p. §6614. Shipment of infected plants, etc., prohibited. — It shall
be unlawful for any grower, nurseryman, or corporation to ship
within the State of Georgia any trees, shrubs, cuttings, vines, bulbs,
roots, without having been previously inspected by either a State
or experimental station entomologist or government officer within
twelve months of the date of said shipment, and certificate of in-
spection to accompany each box or package. Violation of this clause
will be considered as a misdemeanor and punishable as such.
a. 1898, p. § 6615. Publication by Board. — The members of the said Board,
any two of whom shall constitute a quorum in the absence of the third,
shall within thirty days from the passage of this Act draw up and
promulgate through the press of the State the rules and regulations
necessary to carry into full and complete effect the provisions of this
Act, carefully denning what diseases or maladies, both insect and
165 PART I,, TITLE XXIII. §§6616-6620
Sureties on Attachment and Official Bonds.
fungus, shall constitute infestation in trees or plants within the mean-
ing and purview hereof.
§ 6616. Inspections required. — Any person or persons residing in A-gJ898' p-
the State of Georgia, dealing in or handling trees, etc., shall be com-
pelled to have his or their stock inspected annually on or before the
first of November of each year. If, upon such inspection, such stock
•is found to conform to the requirements of the Board of Control,
the inspector shall furnish a certificate to that effect. And any such
person or persons making a shipment before the filing of such cer-
lificate with the Chairman of the Board of Control shall be guilty
of a misdemeanor.
§ 6617. Non-resident dealers, duties of. — Each and every person a. 1898, p.
residing in States or counties outside of the State of Georgia, dealing
in or handling trees, plants, cuttings, vines, shrubs, bulbs, and roots
in this State shall register his name or firm and file a copy of his or
its certificate of inspection furnished by the Entomologist, fruit in-
spector, or duly authorized government official of his State or country,
with the Chairman of the Board of Control. Upon failure so to do
said stock shall be liable to confiscation under order of the inspector.
§ 6618. Reported Infection. — When two reputable citizens of any A*^898, p#
county in Georgia shall notify the Board, from belief, that noxious
insect or plant diseases exist in their county, the said inspector shall
be directed to ascertain as speedily as possibly by personal investiga-
tion and in such other manner as he may deem expedient, the extent
of the infection, and shall act with all due diligence to suppress and
eradicate the said pests, and give notice to the owner, tenant or agent
of such premises to treat such infested plants according to the methods
he may prescribe, or destroy them within ten days from date of such
notice ; and if after the expiration of such period of ten days the in-
fested plants have not been treated or the treatment has not been
properly applied or is not effectual in ridding plants of the pests,
the inspector shall cause such plants to be properly treated or de-
stroyed as in his judgment warrants. The cost of the work shall be
covered by execution from the owner of the premises.
§ 6619. Beports of entomologist. — It shall be the duty of the m-A.i898,p.
spector to make a monthly report of his work, both as Entomologist
and inspector, to the Board of Control as well as the expenditure
under this Act, and said Board shall report annually to the Governor
of the State.
TITLE XXIII.
SURETIES ON ATTACHMENT ANT) OFFICIAL BONDS.
§ 6620. Guaranty, Fidelity, etc., Companies may insure bonds, a. 1896, p.
when. — Solvent guarantee companies, surety companies, fidelity in-
surance companies, and fidelity and deposit companies incorporated
6621-6624 PART L, TITLE XXIII. 166
Sureties on attachment and Official Bonds.
and organized under the laws of this State, or any other State of the
United States, for the purpose of transacting business of fidelity
insurance, which has a paid up capital of two hundred and fifty thou-
sand dollars, and which shall have complied with all the requirements
of law as to license required by the State, may, upon proper proof
thereof, and upon production of evidence of solvency, be accepted
upon the bonds of all city, county and State officers of this State ;
and the various officers of this State, whose duty it is to approve
the sureties upon such bonds, are hereby authorized to accept. such
company or companies as one of the sureties, or the only surety,
upon such bonds as the solvency of such company may warrant;
provided, no company shall be relieved of it's liability upon any such
bond by reason of the fact that the books and accounts of the prin-
cipal have been examined and approved as correct by the proper au-
thorities, when in fact there has been a breach of said bond and a
loss occurring from such breach.
a. 1896, p. § 6621. Sole surety on attachment bonds. — Such companies may
be taken as the sole surety upon all attachment bonds, whether such
companies have or do not have real estate in this State.
a. 1896, p. § 6622. Default on bond, remedy. — In case of default upon any
bond upon which such companies as sureties, then the city, county
and State authorities shall have all the remedies against the prin-
cipal and sureties upon said bonds as are now provided by law, in-
cluding the right to issue fi. fas. instanter as now provided by law.
a. 1896, p. § 6623. Deposit required; withdrawal of.— -All companies herein
described, chartered by this State or other States or foreign govern-
ments, now doing business in this State or hereafter doing business
in this State, which offers or undertakes to become security upon any
bond required bv law of city, countv and State officers, before beina'
accepted as surety thereon, shall be required to deposit with the
Treasurer of this 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
a. 1897, p. value, to ["twenty-five I thousand dollars, which bonds shall be re-
60. ."••->" ■ .
ceipted 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 provided, and have been released from all the bonds upon
which they have been taken, said bonds shall be delivered, up to the
proper party on presentation of the Treasurer's receipt.
a. 1896, p. § 6624. Collection of coupons. — While said bonds are so deposited,
the owner of the same shall, subject to the notices provided for or
given, be entitled to collect the coupons and use them.
State pledged to safe-keep bonds. — 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 pro-
vided.
167 PART L, TITLE XXIII. §§6625-6628
Sureties on Attachment and Official Bonds.
§6625. Collection of Bonds; Receiver for bonds deposited. — A,58896' p*
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 Slate 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; when suit is ended, and the amount ascertained
for which said party sued may be 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 manv bonds as shall be necessary to satisfy the aforesaid
judgment.
§ £626. Bonds to be delivered, to receiver; sale; application of A,5g896' p'
proceeds. — When said receiver is appointed by the judge, who shall
always require bond and security of him for the faithful perform-
ance of his duty, said State Treasurer, on his application, shall deliver
to him bonds sufficient in their market value, if in his custody, to sat-
isfy said judgment. Said receiver's receipt shall be a complete dis-
charge to said Treasurer and the State of Georgia. Then said re
ceiver shall apply to the judge of said superior court for an order 'of
sale, and in jmrsuance of said order sell said bonds. After deduct-
ing 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 said 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.
§ 0627. Conflicting claims, proceedings in case of. — If there are a. 1896, p.
conflicting claims, then the State Treasurer shall deliver over to the
receivers, 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 affi-
davit of the claim and filing the same with him, and then the re-
ceiver shall report such claim to the judge of the superior court ap-
pointing him, who shall by order provide for a bill of interpleader,
as in cases of equity.
§ 6628. Withdrawal of company from State. — When any company a. 1896, p.
desires to withdraw . from the State and will satisfy the Insurance
Commissioner 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 such companies have been
released from all bonds theretofore given by them, then the said
Treasurer shall return to said party the bonds so deposited upon
order from said Insurance Commissioner.
§§ 6629, 6630 PART I., TITLE XXIV. 168
Miscellaneous Provisions.
A58896,p' § 6629. Reduction or increase of amount of hands. — Whenever, by
means of the provisions of this Act, the amount of bonds so deposited
are reduced, said Treasurer shall at once notify the Insurance Com-
missioner in writing, who will give notice to the company depositing,
and require more bonds to be deposited, so as to always maintain
the original amount, and if the company so notified by the Insurance
Commissioner fails to comply within thirty days, the right of the com-
pany to do business in this State shall be revoked, and said Insurance
Commissioner shall, at the same time, give notice, by publication in a
newspaper published at the capital, of the fact of such failure and
revocation of license, and shall mail written or printed notice to the
several ordinaries of this State, the cost of which publication shall be
paid by the company failing to comply with the provisions of this
Act; and when any company, having made the deposit required by
this Act, has assumed any liability, by suretyship or otherwise, on
which no losses have accrued, and which company wishes to withdraw
its deposit, before being allowed to do so said company shall have
itself released from such obligation, Avhether suretyship or otherwise,
and eive notice of its intention to withdraw from this State, and of
the fact that it has satisfied all losses and the claims against it, and
have been released from all obligations assumed by it, which notice
shall be published in a newspaper to be designated by the Insurance
Commissioner of the State, and at the expense of said company ; and
it is hereby provided, that any claims of the citizens of this State
must, whether for losses accrued or upon obligations thereinbefore
assumed by said company (where no losses have occurred), be fully
settled before said deposit shall be withdrawn.
TITLE XXIV.
MISCELLANEOUS I\ROVISIONS.
a. 1898, p. § 6630. Sec. 1. Bills and notes; protest fees fixed. — It shall be
unlawful for any notary public or other officer of this State whose
duty it is under law to protest, note and give notice to indorsers,
sureties, or makers of negotiable instruments such as notes, checks,
drafts, mortgages or other evidence of debt, to charge for such serv-
ices more than fifty cents on all amounts of two hundred dollars or
less ; on amounts ranging from two hundred dollars to one thousand
dollars, one dollar; on amounts ranging from one thousand to three
thousand dollars, two dollars; on all amounts over three thousand
dollars, three dollars.
Sec. 2. Schedule fees full compensation. — The fees mentioned in
the preceding section shall be a full compensation for the officers
mentioned for the full service regarding the noting, protesting, giv-
169 PART L, TITLE XXIV. §§6631-6637
Miscellaneous Provisions.
ins: notice, making copies, and, etc., in regard to the instrument or
other evidences of debt mentioned in the preceding section.
§ 6631. Bill of sale to personalty to secure debt; foreclosure. — The a. i899, p.
owner of any bill of sale to personal property to secure a debt where
the principal sum does not exceed one hundred dollars, may foreclose
the same in the manner as mortgages on personal property are now
foreclosed, under the laws of the State of Georgia.
§6632. Defense thereto. — In the event any such bill of sale is a. 1899, p.
foreclosed as herein provided, the after proceedings of the said fore- 82,
closure shall be the same as proceedings to foreclose mortgages, with
the same rights to mortgagees to defend in the manner as defenses
to foreclosure of mortgages as are now provided by the laws of said
State.
§ 6633. Record of Bonds for title. — Bonds for title to land or any A. 1900, p.
interest therein shall, when executed with the formality now pre- 68,
scribed for the execution of deeds to land, be admissible to record in
the county wThere the property therein described is located.
§ G634. Notice from date of filing. — Such record shall, from the A 1900) p
date of filing, be notice of the interest and equity of the holder of such 68-
bond in the property therein described.
§6635. Cancellation of: entry by clerk. — When any such borid a. 1900, p.
- ' 68
for title shall have been recorded and subsequently surrendered, or
satisfied, such surrender or satisfaction may be entered of record
by the clerk of the Superior Court, in the same manner that cancel-
lations of mortgages and deeds to secure debts are now entered of re-
cord.
§ 6636. Census of cities, how taken. — It shall be the duty of the a. 1896, p.
Secretary of State of the State of Georgia, upon request presented
from the mayor and general council, or other governing authority of
any city in Georgia having a population of five thousand or upwards,
to have a census of the population 'of such city made by enumerators
to be sworn by the ordinary of the county, the affidavit to be prescribed
by the Secretary of State, one copy of which census shall be returned
to and filed with said Secretary of State, and one or more copies
"filed with the clerk of council of such city. Such census shall be taken
in accordance with regulations prescribed by the mayor and general
council of said city and approved by said Secretary of State. The
expense of taking such census to be paid by the city having such
census taken.
(a) Such enumeration of the population of said city, when taken
and filed with the Secretary of State, shall be recognized as a State
census or enumeration of the population of said city until a new
census shall thereafter be taken by authority of the United States
Government, or of the State Government.
§ 6637. Visiting Committees of General Assembly. — All commit- a. 1898. p.
tees appointed by the President of the Senate and Speaker of the
House to visit the various institutions of the State of Georgia, shall
§§6638-6642 PART L, TITLE XXIV. 170
Cession of Lands to United States.
consist of not more than three from the Senate and nine from the
House.
a. 1898, p. § 6638. Compensation of. — Said committees shall receive as com-
pensation for visiting institutions of said State, in addition to their
per diem, as is now provided by law for members of the General As-
sembly, the actual and necessary money paid out by them as expenses
in visiting said institutions.
a. 1900, p. § 6 6?> 9. Commissioners to Buffalo and Charleston Expositions. —
80 *"
A commission of three is herebv created, to be known as the State
Board of Managers of the Pan-American and Charleston and West
Indies Expositions, one member of which Commission shall be ap-
pointed by the Governor, another of which shall be the Commissioner
of Agriculture and the third of which shall be the State Geologist.
(a) It shall be the duty of the aforesaid commission to arrange
for a display of the State's resources first, at the Buffalo Exposition
and second at the Charleston Exposition ; transferring the exhibit
from one place to the other, at such time as in their judgment they
deem best.
(h) The members of said board shall receive no compensation for
their services ; and nothing in this Act shall be so construed as to
create any liability of the State, directly or indirectly, for any obli-
gation incurred, nor for any claim for aid or for pecuniary assistance
from this State in support or liquidation of any debts or obligations
contracted bv said board.
(c) The Geological department and Agricultural department of
the State are hereby authorized to co-operate with' said board in dis-
playing at the aforesaid expositions such exhibits of the State's re-
sources as are now in the custody of these departments.
(d) In arranging for transportation of such exhibits as may be
needed bv the aforesaid commission, thev shall not be authorized
to incur any liability until by separate Act this General Assembly
shall make the necessary appropriation therefor.
Aii9.97'P' §6640. Jefferson Davis' Birthday a public holiday. — The third
day of June of each vear, commonlv known as the birthday of Jeffer-
son Davis, is declared a public holiday in this State.
a. 1897, P. § 6641. Stafford's Office Calendar, legal evidence. — Stafford's Of-
fice Calendar shall be legal evidence, covering all dates between the
vears 1490 and 2000, both old and new stvle, in all the courts of
this State ; provided, that this Act shall not effect any calendar which
has heretofore been made lesral evidence in this State.
o
CESSION OF LANDS TO UNITED STATES.
A.J899, p. §6642. National Parte, land ceded to. — Whereas, the United
States Government has recently entered into negotiations with a
view to purchasing for use as a national park the following land,
to wit :
All that, tract or parcel of land lying and being in the seventeenth
92.
171 PART L, TITLE XXIV. §6643
Cessiou of Lands to United States.
(17th") district of Fulton county, Georgia, commencing at a point of
land lot Xo. 11 0 of said district, at the northwest corner of Peachtree
road and the Collier road, and running thence westerly along said
Collier road through land lots Xos. 110, 146 and 156 to the Howell's
Mill road, and continuing west in a straight line to the western line
of what is known as the A. P. Woodward property ; thence north along
the west line of said Woodward's property 1258 feet, more or less,
to the north line of land lot 153 : thence west along the land lot lines
to the west line of the property of Mrs. M. V. Lyons ; thence north
through land lot Xo. 185, and along Mrs. Lyons7 west line to the south
line of land lot .No. 184; thence west along the south line of land lot
No. 184 to the property of McCamey and Benson ; thence north along
said McCamey and Henson line to Peachtree creek; thence west along
the line of said creek to the west line of land lot Xo. 184 ; thence north
along said west line of land lot Xo. 184 to the north line of said
land lot ; thence east along the north line of said land lot to the line of
Jane Howell; thence south along said Jane Howell's line to her
southwestern corner; thence east along said Howell's ^outh line to
the Howell's Mill road; thence north along said Howell's Mill road
to a six -acre tract belonging to Betsy Howell ; thence east along said
Betsy Howell's south line to her southeast corner; thence north along
said Betsy Howell's east line to the north line of land lot Xo. 155;
thence east along the north line of land lots Xo. 155 and Xo. 144,
to the west line of land lot Xo. 112; thence south along the west line
of land lots Xos. 112 and 111 to Peachtree creek; thence easterly
along the meandering of said creek five hundred feet, more or less,
to Howell's line; thence southeasterly 738 feet to Thornton's line;
thence southeasterly along Thornton's line 650 feet ; thence easterly
along Thornton's south line 601 feet to Peachtree road; and thence
southerly along the west side of Peachtree road 2,200 feet, more or
less, to the beginning point ; together with such approaches and such
other lands contiguous to that above described, which the United
States Government may hereafter acquire for the purpose.' named.
Therefore, be it enacted by the General Assembly of Georgia, That
jurisdiction over said land and territory be, and the same is, hereby
ceded to said United States Government on condition that it shall
acquire title to the same: provided, however, that the State of Geor-
gia shall retain concurrent jurisdiction thereover with the United
States Government.
§ 6643. Concession as to public road in Ringgold and in Catoosa a. 1897, p.
County. — The right and authority is granted and ceded to the United
States to construct and maintain a public highway or road of chert
or other substantial material, in, upon and through the public streets
of the town of Ringgold, in the county of Catoosa, State of
Georgia, and along and upon the public road or roads in said
county from the corporate limits of said town to and through King-
§§ 664:4:, 6645 PART L, TITLE XXIV. 172
Cession of Lands to United States.
gold Gap on the east of said town ; provided, the municipal and county
authorities of said town and county consent thereto.
a.q1899, p. g 6644. Courthouse, PostofHce in Atlanta, etc. — The State of
Georgia hereby cedes to the United States of America jurisdiction
over such land in the city of Atlanta, county of Fulton, as the said
United States may acquire for the purpose of erecting thereon a gov-
ernment building for courthouse, post-office and other governmental
purposes, or for enlarging the present government building in said
city, the particular land to be covered by this cession to be determined
by a plat and description to be filed in the office of the Secretary of
. .State. The plat and description so filed shall refer to this Act and
state that the land so platted and described is the land as to which
this Act shall be operative.
a.^1899, p. g 6645. United States Prison; Concurrent Jurisdiction of State.
— The jurisdiction of the State of Georgia is hereby ceded to the
United States of America in and over all that tract of land, lately se-
lected for the site of a United States prison, lying in the fourteenth
district of originally Henry county, now Fulton county, Georgia,
being parts of original land lots numbered forty, twenty- live, eight,
and twenty-six, according to the plan of said district, and more partic-
ularly described at follows : Beginning at a point in the center of the
jvTeDonough public road at the northeast corner of the Reed land,
now owned by A. G. Rhodes, the said point of beginning being the
northwest corner of the land formerlv belonging to the Columbia
Finance and Trust Company, and running thence easterly and then
southeasterly along said McDonongh public road six thousand six
hundred and sixtv-hve feet to the intersection of said McDonongh
road with the Forrest road; thence southwesterly along said Forrest
road one hundred and sixty-six feet to the original line dividing land
lot number eight from land lot number seven ; thence west along said
land lot line one thousand two hundred and sixty-three and five-tenths
feet to an iron pin situated at the point where land lots numbered
eight, seven, tvTenty-five and tw7enty-six corner ; thence south along
the original line dividing land lot twenty-six from land lot seven, a
distance of five hundred and ninety-four feet ; thence vTest three hun-
dred and eight feet to a corner in a branch ; thence south two hundred
and eighty-three feet to an iron pin : thence east three hundred and
eight feet to said original line dividing land lot twTenty-six from
land lot seven ; then south along said land lot line three hundred and
eleven feet to a stone corner; thence west one thousand and fifty feet
to an oak tree corner on the northeast edge of the right of wray of the
Southern Railway ; thence north five hundred and ninety-four feet
to a stone corner; thence west six hundred and fifty-four and five-
tenths feet to the northeastern edge of the right of wav of the South-
ern Raihvay ; thence nortlrwesterly along said right of way to the orig-
inal line dividing land lot number twenty-five from land lot number
twenty-six at a point marked by a stone corner ; a distance of seven
173 PART L, TITLE XXIV. §664:6
Cession of Lands to United States.
hundred and sixteen and five-tenths feet ; thence west along the line
dividing land lot twenty-five from land lot twenty-six, a distance of
five hundred and eighty feet to the point where land lots twenty-five,
twenty- six, thirty-nine, and forty corner; thence north along the ]ine
dividing land lot twenty-five from land lot number forty to the north-
ern side of the right of way of the Southern Railway; thence north-
westerly along said right of way sixteen hundred and ninety-eight
feet to the land formerly owned by Reed, now owned by A. G.
Rhodes ; thence north fourteen hundred and four feet to the point of
beginning on the McDonough public road, containing three hundred
acres, more or less ; 'provided that the State shall retain concurrent
jurisdiction with the United States in and over said tract so far that
all civil and criminal process issued under the authority of the State
may be executed thereon in like manner, as if this Act were not in
force ; and provided further,, that said cession of jurisdiction shall not
take effect until the United States shall have acquired title to said
tract.
§ 6646. United States Fishery, Territory Ceded. — The jurisdic- A-1J§98' p-
tion of the State is hereby ceded to the United States of America
for the purpose of establishing thereon a fishery in the following
described land in and near the town of Bulloch ville, Meriwether
county, Georgia, to wit:
About eighteen acres in the southeast corner of lot number one
hundred and fifty-two (152), southwest corner of lot number one
hundred and sixty-eight (168), northeast corner of lot number one
hundred and fifty-one (151) and northwest corner of lot number
one hundred and sixty-nine (169) in the second district of said
county, beginning at a post buried in the ground at a point bear-
ing north 52° 30' east 393 feet from center of spring known as Cold
spring, thence north 5° 38' 48" west 38 feet to a stake bound, thence
south 71° 53' 50" west 62 feet to a stake bound, thence north 84°
21' 10" west 99.5 feet to a stake bound, thence south 58° 8' 50"
west 72.28 feet to a stake bound on the edge of the public highway
leading from Bulloch ville to Chalybeate Springs, thence along the
eastern side of said highway north 5° 38' 50" east 148 feet to a stake
bound, thence leaving said highway south 46° 51' 10" east 72.28 feet
to a stake bound, thence south 84° 21' 10" east 86.88 feet to a stake
bound, thence north 71° 53' 50" east 62.63 feet to a stake bound,
thence north 5° 38' 48" west 60 feet to a stake bound, thence
north 51° 58' 30" east 66 feet to a stone bound, thence north 6°
34' 40" west 515.4 feet to a stone bound, thence north 48° 23' 30"
east 313.17 feet to a stake bound, thence south 16° 42' east 424.27
feet to a stake bound, thence north 83° 14' east 292 feet to a stake
bound, thence south 73° 10' 10" east 200.28 feet to a stake bound,
thence south 16° 30' east 296.02 feet to a stake bound, thence
south 14° 47' west 580.33 feet to a stake bound, thence south 50°
35' 20" west 206.71 feet to a stake bound on the edge of the pub-
§6647 PART L, TITLE XXIV. 174
Protection of Game.
lie road., thence crossing said road south 64° 28' 20" west 416.5
feet to a stake bound, thence south 19° 40' 20" west 184 feet to a
stake bound, thence north 70° 19' 40" west 92.5 feet to a stake
bound, thence north 19° 40' 20" east 139 feet to a stake bound,
thence north 21° 5' 40" west 163 feet to a stake bound, thence
north 72° 54' 25" east 146.9 feet to a stake bound, thence recross-
ing the above road 57° 39' 5" east 146.9 feet to a stake bound,
thence north 1° 5' east 187.61 feet to a stake bound, thence north
53° 33' 48" east 175.36 feet to a stake bound, thence north 30° 16'
west 145.75 feet to a stake bound, thence south 87° 21' 36" west
359.52 feet to a stake bound, thence south 48° 52' 30" west 172.57
feet to a stake bound, thence south 39° 43' 15" west 130.66 feet
to a stake bound on the edge of the public road, thence along
said public road north 68° 32' 15" west 43.73 feet to a stake
bound, thence north 35° 32' 15" west 25.81 feet to a stake bound,
thence north along said road 4° 38' east 92.8 feet to a stake bound,
thence leaving the public road, and running south 85° 49' 30"
east 124.46 feet to a stake bound, thence north 48° 52' 30" east
124.46 feet to a stake bound, thence north 48° 52' 30" east 140
feet to the point of beginning; provided, that this cession is upon
the express condition that the State of Georgia shall so far retain
a concurrent jurisdiction within the United States over said lands,
as that all civil and criminal process issued under the authority
of this State may be executed thereon in like manner, as if this
Act had not been passed; and upon the further condition that the
State shall retain its civil and criminal jurisdiction over persons
and citizens in said ceded territory, as over other persons and citi-
zens in this State; provided further, that nothing herein contained
shall interfere with the jurisdiction of the United States over any
matter or subjects set out in the Acts of Congress donating money
for the erection of public buildings for the transaction of its business
in this State, or any Act of Congress relating to the establishment of
fisheries ; or with any laws, rules or regulations that Congress may
hereafter adopt, for the preservation and protection of its property
and rights in said ceded territory, and the proper maintenance of good
order therein; provided further, that this cession shall not take
effect until the United States shall have acquired title to said land.
PROTECTION OF GAME.
a. 1896, p. § 6647. Game, birds and, animals, protection of. — It shall be un-
lawful for any person to shoot, trap, kill, ensnare, net or destroy in
any manner any wild turkey, pheasant, partridge, quail or any in-
sectivorous or singing bird, except English sparrows, crows, larks,
rice birds, night-hawks, wheat birds and doves, between the fifteenth
day of March and the first day of November. It shall also be un-
lawful tc shoot, trap, kill, ensnare, net or in any manner destroy any
dove between the fifteenth day of March and the fifteenth day of
175 PART I., TITLE XXIV. §§6648-66.51
Patent Rights.
August. It shall also be unlawful for any person to remove from the
nests, or in any manner destroy the eggs of any of the birds protected
by this Act during the periods they are so protected.
(a) Deer protected. — It shall also be unlawful for any person to
hunt, kill, shoot, wound, ensnare or in any manner destroy or capture
any wild deer or fawn between the first clay of January and the first
day of September.
(b) Selling game or having prohibited. — It shall be further un-
lawful for any person to sell or offer for sale any game, bird or ani-
mal, cr any part of either, whether dead or alive, that are protected
by this Act during the periods so protected, and it shall be taken and
deemed as prima facie evidence of a violation of the provision of this
section for any person or persons to be found in possession of any
of the animals or birds (or the eggs of birds) during the periods in
which they are protected by this Act, and any person or persons who
shall violate any of the provisions of this Act as enumerated in this
section shall be guilty of a misdemeanor.
§ 6648. Prior laws superseded. — The above section supersedes all A-7J896' p-
existing laws on the subject of game and game protection, and shall
have a uniform and general application.
§ 6649. Pheasants, protection of. — If any person or persons shall a. 1896, p.
catch, kill or injure any wild English, Mongolian or other pheasant,
or shall at anv time or season disturb, rob or destrov the nests or take
therefrom any egg or eggs of any of the aforesaid wild birds, for the
space of five years from the passage of this Act, or violating any of
.the provisions of this section, shall be punished as for a misdemeanor.
PATENT EIGHTS.
§ 6650. Contracts for sale of patent or proprietary rights must ex- a. 1897, p.
press consider aJ/ion. — All promissory notes, contracts or other evi-
dences of debt, taken by any person, agent, company or corporation,
for the purchase price of any patent, copy or proprietary right, or
territory for the sale of any such right, or for the sale of any patented
article or thing, or copyrighted article or thing, or where there is a
proprietary ownership or right, and sold by such person, agent, com-
pany or corporation, through or by any peddler, agent or traveling
salesman, traveling for the purpose of making such sales, shall have
expressed on the face of such note, contract or other evidence of debt,
the consideration of the same, stating the thing or article for which
the same was given ; provided, this Act shall not apply to merchants
or manufacturers selling and delivering such goods directly from their
stores or warehouses in the regular course of business.
§ 6651. Purchasers take subject to equities. — Any person, firm or a. .i897, p.
company or corporation, who may purchase any note, contract or other
evidence of debt given for any of the articles or things set forth in
(§ 6650 above), when the consideration of said note is expressed in
the face thereof as is provided in (§ 6650 above); whether before due
§§6652, 6653 PART L, TITLE XXIV. - 176
Improvements to Land.
£■ and without notice or otherwise, where the consideration is so ex-
pressed, shall take the same with all the equities existing between the
V| ■■' ;" original parties and the maker of such note, contract or other evi-
7 j dence of debt, shall have the right to make any defense to the pay-
ment of same as against such purchasers that could have been made
- ' against the original payee.
. a. 1897, p. § o652. Penalty for not expressing in face of note, the article for
-- which given. — All persons violating the provisions of this Act by
selling any of the articles mentioned in this Act without expressing
in the face of such notes or contracts or other evidence of debt the
article or thing for which the same was given shall be guilty of a
k- misdemeanor and on conviction shall be punished as prescribed in
section 1039, volume 3, of the Code of Georgia of 1895.
V
*..
rf IMPROVEMENTS TO LAND.
I
79.
va. 1897, p. § (» 053. Set-off of improvements of land. — In all cases where an
action has been brought for the recovery of land, the defendant who
has hona fide possession of such land under adverse claim of title may
set off the value of all permanent improvements bona fide placed
thereon by himself or other bona fide claimants under whom he claims,
and in case the legal title to the land is found to be in the plaintiff,
if the value of such improvements at the time of the trial exceeds
the mesne profits, the jury may render a verdict in favor of the plain-
tiff for the land and in favor of the defendant for the amount of the
excess of the value of said improvements over the mesne profits.
Such verdict shall also find the value of the land itself at the time of
the trial, and shall give the plaintiff the alternate right either to have
and recover the premises, subject to the payment to the defendant of
such excess of value of improvements over mesne profits, such payment
to be made by the plaintiff to the defendant within such time as may
be fixed by the court in the decree ; and in the event the plaintiff fails
to make such payment within the time allowed in said decree, then
the defendant shall have the right to pay to the plaintiff the value of
the land and the mesne profits that shall be found due plaintiff by
the jury on the trial of said case : such payment by the defendant shall
be made within such time as the^court may direct by its decree. In
all cases in which such set-off of improvements are sought in excess
of mesne profits, the jury shall have the right to fix the time from
which mesne profits shall be allowed, and upon the defendant making
such payment to the plaintiff, with all court costs of the proceedings,
the defendant shall then acquire and have all the rights and titles
the plaintiff had and held in and. to the property in dispute, and the
court may by its decree require the plaintiff to make such titles to the
lands in dispute as may be necessary in the premises; or else to have
the premises sold by a commissioner appointed by the court, and the
proceeds of such sale divided between the plaintiff and defendant in
the ratio or proportion that the said value of the land itself bears to
177
PART L, TITLE XXIV.
§6654-6657
Blind Tigers "—Wages of Deceased Employees.
the amount of said excess of value of improvements over the mesne
profits, or else to recover the said value of the land itself, together with
the amount of any excess of the value of the mesne profits over and
above the value of said improvements; and in case the plaintiff elects
to recover the said value of the land itself, together with the amount
of the excess of value of mesne profits over the value of said improve-
ments, then the fi. fa. issued upon the verdict and judgment therein
entered shall be levied upon the said land and improvements, and the
same shall be sold by the sheriff after due advertisement under the
law governing sheriff's sales. The purchaser of said premises,
whether the same shall be sold by a commissioner appointed by the
court or by the sheriff under fi. fa. as herein provided, shall acquire
all the right, title and interest in said land and improvements owned
and possessed by the plaintiff or defendant. In all such cases the
court shall mould a decree to fully carry out and effectuate the pro-
visions of the verdict.
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i
"blind tigers.'"'
If the A. 1899, p.
73.
"nuisance" shall be unknown or
§ 6654. "Blind tiger/' a nuisance. — Any place commonly knoAvn A^899- p
as a "blind tiger," where spirituous, malt or intoxicating liquors are
sold, :'n violation of law, shall be deemed a nuisance, and the same
may be abated or enjoined as such, as now provided by law, on the
application of any citizen or citizens of the county where the same
may be located.
§ 6655. Service of abatement or injunction proceedings
party or parties carrying on said
concealed, it shall be sufficient service in the abatement or injunction
proceedings under this Act to leave the writ or other papers to be
served, at the place where such liquor or liquors may be sold, and the
case or cases may proceed against "parties unknown," as defendants.
§ 6656. Break open, authority to. — The court shall have authority a. 1899, p.
under this Act to order the officers to break open such "blind tiger"
and arrest the inmates thereof, and seize their stock in trade, and
bring them before him to be dealt with as the law directs.
WAGES OF DECEASED EMPLOYEES.
§ 6657. Deceased employees, wages of payable to widows. — It shall a. 1898, p.
be lawful upon the death of any person employed by any railroad
company, express, street railroads, steamboats or navigation com-
panies, compress companies, factories, machine shops or other cor-
porations or persons, who may have wages due him by said company
or companies, factory or machine shops or other corporations or per-
sons, for said company or companies to pay over to the widow or
widows, minors or guardians of said employee or employees, whatever
wages there may be due the deceased, to the amount due, not to exceed
one hundred dollars, without any administration upon his estate for
this purpose.
12— G a Code
PART II.
Public Laws of a Criminal Nature.
TITLE I.
PENAL CODE.
J
Chapter I. Crimes against Habitation or Property.
Chapter II. Forgery and Counterfeiting.
Chapter III. Crimes against Public Justice and Official Duty.
Chapter IV. Crimes against Public Health, Public Safety, and
Public Policy.
Chapter V. Prison Commission.
Chapter VI. Miscellaneous Provisions.
CHAPTEE I.
CRIMES AGAINST HABITATION OR PROPERTY.
a. 1897, p. § 6658. Destruction of house by explosives. — It shall be unlawful
99.
for any person or persons to wilfully and maliciously destroy, injure
or attempt to destroy or injure any dwelling house, storehouse, barn,
depot or other house or place of business or lodging of any person or
being, with or by the use of dynamite, powder, nitroglycerin or any
other explosive substance or compound.
The offender of all act of vandalism named in this section causing
death, shall be punished with death, but the punishment may be
commuted in conformity with section 63 of the Penal Code.
a. 1897, p. § 6659. Destruction of house in citv. — The wilful and malicious
99 .
destroying or injuring any dwelling house, storehouse, barn, depot or
other house or place of business or lodging of any person within the
limits of any city or town within this State with or by the use of
dynamite, powder, nitroglycerin or other explosive substance or com-
pound, shall be punished with death, but the punishment may be
commuted in conformity with section 63 of the Penal Code.
a. 1897, p. §6660. Destruction of house not in city. — The wilful and ma-
licious destroying or injuring any dwelling house, storehouse,
barn, depot or other place of business or lodging place of any. person,
wherein any person shall lodge or reside, or so nearly connected there-
with as to endanger the life of any person being or so dwelling therein
not within the limits of any city or town,, with or by the usei of
dynamite, powder, nitroglycerin or any other explosive substance or
compound, shall be punished with death, but the punishment may be
commuted [in conformity] with section 63 of the Penal Code.
(178)
99.
179 PART II., TITLE L— CHAPTER I. §§6661-6665
Crimes against Habitation or Property.
§ 6661. Destruction of house not a lodging. — The wilful and ma- a. 1897, p.
licious destroying or injuring any dwelling house, storehouse, depot,
barn or other house or place of business of any person, wherein no
person shall lodge or reside, and not so closely connected with any
such dwelling. house, storehouse, barn, depot or other house, wherein
any person shall reside, lodge or be, so as to endanger life, or the wil-
ful and malicious attempting to destroy or injure any dwelling house
storehouse, barn, depot or other house or place of business of any
person, with or by the use of dynamite, powder, nitroglycerin or other
explosive substance, shall be punished by confinement and hard labor
in the penitentiary of this State for not less than one year, nor longer
than twenty years.
[!N*ote. — The confusion which appears in the foregoing four sec-
tions appears in the original Act.]
§ 6662. Tramps; stealing rides on trains. — It shall be unlawful a. 1897, p.
for any person to ride or to attempt to ride on a railroad train of any
character who conceals himself from the conductor or train authori-
ties, by hiding under the train, or upon the top of the train, or in
box cars, on tenders, or elsewhere, for the purpose of avoiding the
payment of fare or of stealing a ride thereon.
§ 6663. Penalty. — Any person found guilty of violating the first a. 1897, p.
section of this Act shall be punished as for a misdemeanor in any
county in which such offense is committed.
§6664. Electrical companies protected against injuries to prop- a. 1897, p.
erty. — Whoever unlawfully and intentionally injures or destroys, or 69'
permits to be injured or destroyed, any meter, pipe, conduit, wire,
line, post, lamp or other apparatus belonging to a company engaged
in the manufacture or sale of electricity for lighting or power pur-
poses, or unlawfully and intentionally prevents an electric meter
from duly registering the quantity of electricity supplied, or in any
way interferes with its proper action or just registration, or, without
the consent of such company, unlawfully and intentionally diverts
any electric current from any wire of such company, or otherwise
unlawfully and intentionally uses or causes to be used, without the
consent of such company, any electricity manufactured or distributed
by such company, shall for every such offense be punished as pro-
vided in section 1039 of the Penal Code.
§ 6665. Purchasers of native gold, bullion, etc., duty of. — Every a. 1899, p
person purchasing within this State, native gold, gold bullion, gold 66-
dust, gold nuggets or gold amalgam shall keep a register in a book of
the date of purchase, amount purchased, name of seller of the lands
from which it was obtained; and every such purchaser shall file on
or by the first day of January, April, July and October of each year,
with the ordinary of the county of his residence, a copy of the reg-
ister kept as aforesaid for the previous quarter ; and that each ordi-
nary with whom such report has been filed, shall make an annual
report of the same, by certified copy, on or by the fifteenth of Janu-
§§6666-6672 PART II., TITLE L— CHAPTER II. 180
Forgery and Counterfeiting.
ary of each year, to the State Geologist, who shall keep a record
thereof, open for public inspection.
a. 1899, p. § 0666. Penalty. — Any person who purchases gold within this
State without complying with this provision of the foregoing section
shall be guilty of a misdemeanor.
a. 1897, p. §6667. Public Roads; injuring prohibited. — It shall be unlaw-
ful to excavate, tear up or otherwise injure or destroy the paved or
macadamized roads of this State, except with the consent of the
county commissioners or ordinary when the county affairs are in the
hands of the ordinary.
a. 1897, p. § 6668. Injuries by excavations or otherwise. — It shall be unlaw-
100
fill to make any manner of excavation or otherwise injure the public
roads of this State, except in the ordinary use thereof, or for the
purpose of working or repairing the same by the proper authorities,
without first obtaining the consent of the county commissioners or
the ordinary if the affairs of the county are in the hands of the
ordinary.
a. 1897, p. §6669. Penalty. — All violations of the two foregoing sections
shall be punished as provided in Penal Code, section 1039.
a. 1899, p. § 6670. Timber, protection of. — It shall be unlawful for any per-
son or persons, or any company, firm or corporation to enter, or cut
or remove from any uninclosed lands in this state, any timber or tan
bark on such lands, unless such person or persons, firm, company or
corporation shall before so doing have on record in the county where
such land lies, a deed of conveyance to the same, prima-facie showing
title to such lands, or shall have a written contract, from some person
or persons, company or corporation, who have on record in the county
where such land lies, deeds of conveyance, prima-facie showing title
in the person or persons, company or corporation entering into said
contract.
Aki899, p. (a) Penalty for violating. — Any person or persons, company,
firm or corporation violating the provisions of this Act shall be pun-
ished as provided in section 1039 of the Criminal Code of this State.
59.
Y
CHAPTER II.
FORGETIY AND COUNTERFEITING.
a.^1899, p. g 6671. Counterfeiting cards, receipts, etc. — Any person who shall
make, alter, forge or counterfeit any card or receipt of dues pur-
porting to be given or issued by any association of railway em-
ployees, or by any of its officers, to its members, with intent to injure,
deceive or defraud, shall be punished as hereinafter provided.
a. 1899, p. § 6672. Letters or certificates given to employees. — Any person
who shall falselv make, alter, forge or counterfeit any letter or cer-
tificate purporting to be given by any corporation or person, or officer
79.
181 PART II., TITLE L— CHAPTER II. §§ 6673-6677
Trademarks, Protection of.
or agent of such corporation or person to an employee of such corpo-
rator or person at, the time of such employee's leaving the service
of such corporation or person, showing the capacity or capacities in
which such employee was employed by such corporation or person,
the date of leaving the service or the reason or cause of such leaving,
with the intent to injure, deceive or defraud, shall be punished as
hereinafter provided.
§6673. Using counterfeits as true. — Any person who shall wil- a. 1899, p.
fully and knowingly utter, publish, pass or tender as true, or who
shall have in his possession with intent to utter, publish, pass or
tender as true, any false, altered, forged or counterfeited letter,
certilicate, card or receipt, the forging, altering or counterfeiting
whereof is prohibited by either of the preceding sections of this Act,
with intent to injure, deceive or defraud, knowing the same to be
forged, shall be punished as hereinafter provided ; provided, that
nothing in this Act shall be construed to repeal, change or modify
any of the existing laws in this State against the crime of forgery.
§ 6674. Penalty. — Any person violating any of the provisions of A.^i899, p.
foregoing three sections shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished as provided in section 1039,
vol. III. of the Penal Code of 1895.
§ 6675. Counterfeiting School-teacher s license. — Whoever, with ^g900' p'
intent to defraud the State or any county, town or city or any per-
son, shall falsely and fraudulently make, forge, alter or counterfeit,
or cause or procure to be falsely and fraudulently made, forged,
altered or counterfeited, or willingly aid or assist in falsely and
fraudulently making, forging, altering or counterfeiting any certifi-
cate or license issued by any county school commissioner of this
State or the executive officer of any local school board to a teacher,
shall be deemed guilty of a felony, and upon conviction therefor shall
be punished as prescribed by section 233 of the Penal Code.
TRADE-MARKS^ PROTECTION OF.
§ 6676. Trade-marks protected. — Whenever any person, firm, cor- a. 1898, p.
poration or association shall adopt and use in their business, for their
protection, any label, trade-mark, trade-name, or form of advertise-
ment, it shall be unlawful for any person, firm, corporation or asso-
ciation to counterfeit or imitate such label, trade-mark, trade-name
or form of advertisement, with intent to use the same for the purpose
of deceiving the public in the sale of goods. Every person violating
this section shall be guilty of a misdemeanor, and punished therefor.
§ 6677. Counterfeiting trade-marks a crime. — Every person, firm, a. 1898, p.
corporation, or association, who shall use any counterfeit or imita-
tion of any label, trade-mark, trade-name, or form of advertisement
of any person, firm, corporation or association, knowing the same to
be counterfeit or imitation, shall be guilty of a misdemeanor, and
punished therefor.
§§6678-6683 PART II. , TITLE L— CHAPTER III. 182
Crimes against Public Justice and Official Duty.
a. 1898, p. § 6678. Unauthorized use of labels, trade-marks, etc. — Every per-
son, firm, corporation, or association, who shall use or display the
genuine label, trade-mark, trade-name or form of advertisement of
any person, firm, corporation or association, in any manner not au-
thorized by law, such person, firm, corporation or association, know-
ing that such use is not authorized, with intent to deceive the public
in the sale of goods, shall be guilty of a misdemeanor, and be pun-
ished therefor.
a. 1898, p. §6679. Unauthorized use of name or seal. — Any firm, person,
corporation or association, who shall use the name or seal of any
other person, firm, corporation or association, in and about the sale
of goods or otherwise, not being authorized to use the same, knowing
that such use is unauthorized, with intent to deceive the public in
the sale of goods, shall be guilty of a misdemeanor, and punished
therefor.
a. 1898, p. §6680. Penalty. — Any person, firm, corporation or association
that shall be found guilty of violating the four preceding sections,
or any of them, as aforesaid, shall be punished as prescribed in
Section 1039 of the Penal Code.
108.
108.
CHAPTER III.
CRIMES AGAINST PUBLIC JUSTICE AND OFFICIAL DUTY.
a. 1897, p. § 6681. Constables; fees for carrying prisoners to jail. — The con-
97 ' stables of this State shall be entitled to a fee of fifteen cents per
mile, by the most direct route from the place of commitment court
to the common jail of any county in this State, for each prisoner
committed to jail and delivered to such constable to be delivered to
the jailer of any county aforesaid, and when such delivery is made
such constajble shall make out his bill, charging only for coming to
said jail, and swear to the same, and when approved by the ordinary,
commissioners of roads and revenues or county judge having charge
of the finances of such county, as the case may be, the same shall
be paid by the county treasurer of said county.
a. 1897, p. § 6682. Arresting officer not to procure dismissal of warrant. —
"No arresting officer in this State shall advise or encourage the dis-
missal or settlement of any criminal warrant placed in his hands for
execution, either before or after an arrest is made on the same, nor
shall such arresting officer procure or encourage the dismissal or
settlement of such warrants by threats, duress, intimidation, promises
or any other artifice or means.
a. 1897, p. § 6683. Costs not collected until warrant returned. — No arresting
officer shall collect or receive any costs or other charges of a prosecu-
tor or defendant in a case made on a State's warrant, or of any one
acting in the interest of either of them, until the warrant is returned
98.
98.
183 PART II., TITLE L— CHAPTER IV. §§6684-6689
Crimes against Public Health, Public Safety and Public Policy.
to the court to which it is made returnable; provided, however, noth-
ing in this Act shall be construed as prohibiting arresting officers*
from receiving from prosecutors sums of money sufficient to defray
their expenses in going beyond the limits of the bailiwick of such
arresting officer to search for or to make the arrest of the offender.
§ 6684. Penalty. — Any person violating the provisions of the two A,9g897'p-
foregoing sections shall be guilty of a misdemeanor and punished
as prescribed in section 1039 of vol. 3 of the Penal Code.
CHAPTER IV.
CRIMES AGAINST PUBLIC HEALTH, PUBLIC SAFETY AND PUBLIC POLICY.
§ 6685. Candy; adulteration of, prohibited. — No person shall, byA-i896»P-
himself, his servant, or agent of any other person or corporation,
manufacture for sale, or knowingly sell, or 'offer to sell, any candy
adulterated by the admixture of terra alba, barytes, talc, or any other
mineral substance, by poisonous colors or flavors, or other ingredients
deleterious or detrimental to health.
§ 6686. Penalty. — Whoever violates any of the provisions of this a. me, p.
Act shall be guilty of a misdemeanor, and upon conviction be pun-
ished as prescribed in volume III., section 1039, Code of Georgia,
1895.
§ 6687. Poisoning water; penalty. — Any person who wilfully and A-8*896> p-
wantonly poisons or procures another to poison any spring, fountain,
well, or reservoir of water, shall be deemed guilty of a felony, and
on conviction therefor shall be imprisoned in the penitentiary for a
term of not less than two nor more than twenty years.
§ 6687(a). Vaccination. — All county and municipal authorities A1JJ97, p-
in this State are authorized and empowered to enact such rules,
ordinances or regulations to authorize the proper officials of said
municipalities or county authorities to require under penalty, all
persons at the time located in said municipalities or counties to sub-
mit to vaccination, in the event the health officers or the proper au-
thorities think it advisable, for the purpose of preventing the spread
of smallpox or any other contagious or infectious disease within the
State.
§ 6688. Combines and Trusts.— [See Code Sup., §§ 6467-6472. ]
§ 6689. Consignment of Farm Products. — Any person or persons A- ^896> p-
who shall solicit or in any way procure consignments of fruits,
melons, vegetables, butter, eggs, poultry, or other farm, orchard, and§6751,
dairy products in this State, whether for themselves or as agents or
employee of others, to irresponsible persons, Arms or corporations,
to be sold on commission, and who shall fail to account for and pay
to the rightful owner the whole net proceeds arising from the sale
of such products so consigned, within thirty days, said person or
§§6690-6698 PART II., TITLE L— CHAPTER IV. 184
Fish. Game, etc.
persons, soliciting or otherwise obtaining such consignments shall be
guilty of a misdemeanor, and upon conviction shall be punished as
prescribed in section 1039 of vol. 3 of the Penal Code.
a. 1896, p. §6690. Pensions; talcing fees for, penal. — It shall be a misde-
meanor for any person to ask or receive compensation for assisting
or representing any pensioner or applicant for pension in prosecuting
or procuring or collecting from the State of Georgia any pension
which, under the laws of this State, he or she may be entitled to
receive; provided, this Act shall not apply to the collecting of fees
by ordinaries as now prescribed by law.
a. 1896, p. §6691. Penalty. — Any person violating the provisions of this
Act shall be deemed guilty of a misdemeanor, and upon conviction
shall be punished as prescribed in section 1039 of the Code of 1891
a. 1897, p. § 6692. Shooting on excursion trains or at picnics. — It shali.be
unlawful for any person to fire any pistol, gun or other firearm on
any excursion train, or at any picnic, except in his or her defense.
A96897' P' § 6693. Penalty. — Any violation of this Act shall be a misde-
meanor, and upon conviction shall be punished as prescribed in sec-
tion 1039 of the Penal Code.
A.JJ98, p. §6694. Shooting on Sunday prohibited. — It shall be unlawful
for any person to wilfully or wantonly fire off or discharge any
loaded gun or pistol on Sunday, except in defense of person or prop-
erty.
A.1897, p. § 6695. Penalty. — Any violation of this Act shall be a misde-
meanor, and upon conviction shall be punished as prescribed in Sec-
tion 1039 of the Criminal Code of Georgia of 1895.
107.
101.
FISH, GAME, ETC.
a. 1899, p. § 6696. Fish, protection of. — It shall be unlawful for any person
or persons to put walnut hulls, walnut leaves, devil shoestring, or any
poisonous substances whatever of any kind in any waters, either
running streams or standing waters, such as lakes, ponds or eddy
places in any river or creek within the limits of this State, which will
be likely to drive away or poison the fish therein by contaminating
said waters.
a.^1899, p. g 6697. Violation a misdemeanor. — Any or all persons who shall
violate the provisions of this Act by directly putting said substances
in said waters or by aiding or abetting others in doing so shall be
guilty of a misdemeanor, and upon conviction thereof shall be pun-
ished as prescribed in section 1039 of the Penal Code.
a. 1899, p. § 6698. Fish commissioner to swear out warrants. — It shall be the
fift
duty of the Fish Commissioner of any county of this State, upon
sufficient information furnished him, to swear out warrants for the
arrest of all such offenders and have them bound over to the criminal
courts of the several counties having jurisdiction thereof, to be dealt
with as provided for in section 1039 of the Penal Code.
185 PART II., TITLE L— CHAPTER IV. §§6699-6707
Protection of Turkeys, Quail, Doves, Oppossums and Deer— Oysters and Fish.
PROTECTION OF TURKEYS, QUAIL, DOVES, OPOSSUMS AND DEER.
(See §§6647-6649.)
§6699. Killing or taking, during close season, illegal — It shall A-9i899, p-
be unlawful for any person to trap, net, kill, or in any way take, for
the purpose of selling the same, except upon his own land during the
hunting season, wild turkeys, quail, doves or deer.
§6700. Pot-hunter to procure license. — Any person desiring toA.i899, p.
kill, trap, net, or in any way take, for the purpose of selling the
same, except upon his own land, any of the game mentioned in the
foregoing section, shall before doing so, pay to the treasurer of the
county in which he desires to kill, net, trap, or take such game, the
sum of twenty-five dollars, and upon the exhibition of such receipt
to the ordinary of such county, the ordinary shall issue to such person
a license to kill, trap, net, or take such game in said county for the
space of twelve months from the date of said license, and no longer ;
and such person at the time of procuring said license shall register
his name as a licensed hunter in a book to be kept for that purpose
by the ordinary. A license shall be procured and registration made
in each county wherein said person proposes to carry on said business ;
provided, that the provisions of this bill shall not be in effect until
recommended by the grand jury of the county desiring it.
§6701. Penalty. — Any person violating the provisions of this a. 1899, p.
Act shall be punished as for a misdemeanor.
§ 6702. Opossums, hunting when illegal. — It shall be unlawf ul A- *897, p-
for any person to hunt or catch any opossum in this State between
the first day of March and the first day of October of each year, and
any person violating the provisions of this Act shall, on conviction
therefor, be punished as prescribed in section 1039 of the Penal Code.
§6703. Partridges and Quail, exportation prohibited. — It shall a.^1899, p.
be unlawful for any person or persons, firm or corporation, to export
or ship, send or carry beyond the limits of said State, any partridge
or quail at any season of the year.
§ 6704. Netting illegal. — It shall and is hereby declared unlawful a. 1899, p.
for any person or persons within the limits of said State to net part-
ridges or quails at any season of the year.
§ 6705. Penalty. — Any person violating the provisions of this a. 1899, p.
Act, upon conviction shall be punished as prescribed in section 1039
of volume 3 of the Code of 1895.
§ 6706. Baiting doves prohibited. — The baiting or killing of doves A\^98, p'
thus baited, any season of the year, shall be a misdemeanor, and any
person convicted thereof shall be fined not less than ten dollars nor
more than fifty dollars.
OYSTERS AND FISH.
§ 6707. Taking and catching; non-resident' 's license. — It shall be a. i899, p.
unlawful for anv non-resident of this State to take or catch anv
oysters or fish from the public waters of this State, for the purpose
§§6708-6714 PART IL, TITLE I.— CHAPTER V. 186
Protection of Cattle against Infectious Diseases — Prison Commission.
of selling the same, unless such person shall "first take out a license
from the ordinary of the county in which said waters are situated,
and pay the sum of twenty-five dollars annually therefor. But if
any river, or other body of water, shall be boundary line between an>
two counties, then in that case, a license from the ordinary of either
county shall be sufficient.
a. 1899, p. § 6708. License, how obtained. — Upon the application of any non-
resident for said license, as herein provided, it shall be the duty of
the ordinary to whom said application has been made, to issue such
license upon the payment to him of the sum of twenty-five dollars for
each license so issued, and the said ordinary shall keep a correct list
of all licenses issued by him, and shall turn over to the county treas-
urer all moneys so collected.
a. 1899, p. § 6709. Penally. — Any person violating the provisions of section
I. of this Act shall be guilty of a misdemeanor, and be punished as
prescribed in section 1039 of the Criminal Code of this State.
PROTECTION OF CATTLE AGAINST INFECTIOUS DISEASES.
a. 1899, p. § 6710. Duty of Commissioner of Agriculture. — The Commis-
sioner of Agriculture of this State shall immediately upon the passage
of this Act, and from time to time thereafter, ascertain in what
sections of this State cattle are free from contagious or infectious
diseases and splenetic fever.
a.q1899, p. § 6711. Quarantine lines. — Whenever the cattle of any section
of this State are found to be free from contagious and infectious dis
eases and splenetic fever, said Commissioner of Agriculture is hereby
authorized, empowered, and required to establish and maintain such
quarantine lines, and to make and enforce such rules and regulations
as may be necessary for the protection of such cattle.
a. 1899, p. § 6712. Co-operation with other Slates. — Said commissioner shall
co-operate with the officials of other States, and with the Secretary of
Agriculture of the United States in establishing such quarantine
lines, rules and regulations as he shall deem proper and best for the
protection of the cattle of this State free from any of the diseases
referred -to in the foregoing sections of this Act.
a. 1899, p. § 6713. Penalty for violation. — Any person or persons, company
or corporation who shall violate any quarantine provision, rule or
regulation established by the Commissioner of Agriculture of this
State, under the authority conferred by this Act, shall be guilty of,
and upon conviction punished as for a misdemeanor.
97.
97.
97.
CHAPTER V.
PRISON COMMISSION
a. 1897, p. §6714. Commission, how constituted; terms of office. — Within
71.
thirty (30) days from the passage of this Act the Governor shall
187 PART II., TITLE L— CHAPTER V. §§6715-6719
Prison Commission.
appoint three (3) intelligent and upright citizens, from different
sections of the State, who shall be known as the Prison Commission
of the State of Georgia, and who shall hold office until their respec-
tive successors are elected and qualified as hereinafter provided. At
the next general election in October, 189 8, one Commissioner shall
be elected, and at each following general election one Commissioner
shall be elected. The Commission so appointed by the Governor shall
cast lots and determine which of the said Commissioners shall hold
office until the general election in October, 1898, which shall hold
until the general election of 1900, and which shall hold until the
general election of 1902, and until their respective successors are
elected and qualified.
§ 6715. Vacancies, how filled; chairman. — The terms of office of A.J897, p.
the Commissioners elected by the people shall be for a period of six
years. In case of any vacancy, the same shall be filled by executive
appointment, and the Commissioners so appointed shall hold their
office until the next regular election and until their successors for
the remainder of their unexpired terms have been elected and quali-
fied. The Commissioners shall elect one of their number chairman.
§ 6716. Oath and bond of Commissioners. — Before entering upon A. 1897, p.
the discharge of the duties of their office, each Commissioner shall 71"
take the oath required by all public officers, and shall execute a bond,
with good security, in the sum of five thousand dollars ($5,000.00),
payable to the Governor of Georgia and his successors in office con-
ditioned for the faithful performance of the duties devolving upon
him, which bond shall be approved by the Governor, and filed and
recorded as other bonds.
§ 6717. Salaries and expenses of commissioners. — The Commis- a. 1897, p.
sioners shall receive as salaries the sum of $2,000.00 each per annum, 7L
and in addition thereto actual traveling expenses while in the dis-
charge of their duties, which salaries shall be paid as other State
House officers are now paid, and their traveling expenses by warrants
upon itemized bills, certified by the Board and approved by the
Comptroller-General.
§6718. Office of Commissioners; clerk's salary. — The Commis- a.^1897, p.
sion shall have an office in the Capitol, and such books, stationery,
stamps and other office supplies as may be needed shall be provided
as such supplies are now furnished to the other State House officers.
They shall select a clerk, whose duty shall be determined by the
Board, whose compensation shall not exceed $1,200.00 per annum,
and in addition thereto actual traveling expenses while in the dis-
charge of his duties, and who shall hold office at the pleasure of the
Board.
§ 6719. Control and supervision of convicts; guards and officers; a. 1897, p.
contract of hire. — The Commission shall have complete management
and control of the State convicts, shall regulate the hours of their
labor, the manner and extent of their punishment, the variety quality,
§6720, 6721 PART II. , TITLE L— CHAPTER V. 188
Prison Commission.
and quantity of their food? the kind and character of their clothing,
and shall make such other rules and regulations as will insure their
safe keeping and proper care ; and to appoint such officers, guards and
physicians as may be necessary: Provided, that the guards so ap-
pointed shall not receive a greater sum than $25.00 each per month,
and the officers and physicians so appointed shall not receive a greater
sum than $100.00 each per month; provided further, that any per-
son or corporation, having hired any convicts under the provisions of
this Act, and failing or refusing to comply with the regulations of
the Commission, shall forfeit all rights under any contract of hiring,
and in their discretion said Commission shall have power and au
thority to take from said hirer the convicts so hired, and rehire the
same under the provisions of this Act.
(a) Misdemeanor convicts, supervision of. — The Commission
shall likewise have general supervision of the misdemeanor convicts
of the State. It shall be the duty of one of the Commissioners, or, in
case of an emergency, an officer designated by them, to visit, from
time to time, at least quarterly, the various camps where misdemeanor
convicts are at work, and shall advise with the county or municipal
authorities working them, in making and altering the rules for the
government, control and management of said convicts ; and in case
the county or municipal authorities and such Commission fail to
agree upon the management, government or control of the same, the
Governor shall prescribe such rules ; and if the county or municipal
authorities fail to comply with such rules, then the Governor, with
the Commission, shall take such convicts from the said county or
municipal authorities, and deliver them to some other county or
municipal authority complying with the rules and regulations pre-
scribed by the Governor ; and in the event no county or municipal au-
thorities shall desire them, then they shall be worked as the Commis-
sion may designate.
a. 1897, p. § 6720. Board of Pardons. — The said Commission is hereby con-
stituted a board of pardons, whose duty shall be to investigate all
applicants for executive clemency, and make recommendation to the
Governor regarding the granting of the same. Their recommenda-
tions shall not be confined to the convicts who make application for
pardons, but they are authorized upon their own motion to investi-
gate and recommend executive clemency in every case deserving it.
A.J897, p. § 6721. Advertisement for land. — As soon as practicable after the
appointment of the Commission;, they shall advertise in three daily
papers of the State, and, if they deem it necessary, in several, not
exceeding ten, weekly papers, once a week for eight consecutive weeks,
for the purchase of not less than two and not more than ^.ve thousand
acres of land, in one body, or in several bodies located in different
parts of the State, the aggregate not to exceed iiye thousand acres,
which shall be accessible by railroad. At the time specified by them
in said advertisement, they shall receive written offers of sale for
71.
71.
189 PART II., TITLE I.— CHAPTER V. §6722
Prison Commission.
such a tract or tracts of land, which offers shall be accompanied by a
perfect abstract of title, together with a topographical map of land
showing the kind and quality of the clay, the stone, the water-power,
the water supply and the railroad facilities. The Commission is
hereby authorized to reject any aud all offers made., or to accept the
one which, after a careful inspection and examination, can be pur-
chased the most cheaply, all other requirements being equal.
(a) Abstract of title. — But no purchase shall be made until the
abstract of title has been examined and approved by the Attorney-
General.
(b) Contract for transportation. — Before any purchase is made,
the Commission is empowered to make such contracts with any rail-
road in the State for the purpose of procuring proper railroad facili-
ties in transporting freight and convicts to such point on said tract
or tracts of land as may be deemed necessary ; but no contract shall be
made incurring a greater cost to the State than reasonable tariff rates
in transporting freight and passengers to and from said point.
§6722. Stockades and Buildings. — The Commission shall have a. i897, p.
erected on said land so purchased suitable buildings, stockades and
appurtenances for the safe keeping and care of the following classes
of convicts : Females, boys under fifteen years of age, and such aged,
infirm or diseased convicts as, in the judgment of the Commission,
should not be hired out: Provided, that the Commission shall have
power and authority, in its discretion, to take from any hirer any
convict whom they have hired out and to place such convict upon the
farm herein provided for, relieving such hirer of that part of the hire
of such convict for the time during which such hirer is thus deprived
of the services of such convict; provided further, that said Com-
mission shall likewise have power and authority, in its discretion, to
take from said farm any boy upon his reaching the age of fifteen, or
thereafter, and hiring him out as other convicts are to be hired under
the provisions of this Act. Said Commission shall provide :
(a) Male and female convicts separated. — For the keeping of the
male and female convicts separate and apart, so that they may not
come in contact with each other.
(b) Convicts under 15 separated. — For the keeping separate and
apart from the other inmates of the prison, minors under the age of
fifteen vears.
(c) White and colored convicts separated. — For the keeping sepa-
rate and apart of white and colored convicts when not at work, and
when actually engaged in work to be kept separate and apart as far
as practicable.
(d) Supplies, purchase of; surplus products. — The Commission is
authorized to contract for and purchase such furniture, machinery,
utensils, implements, live stock and other equipments as may be
found necessary to carry out the intention of this Act, and to contract
for and construct such water supply and heating arrangements as
71.
6723, 6724 PART II. , TITLE I.— CHAPTER V. 190
Prison Commission.
may be necessary. The Commission shall sell, to the best advantage,
all surplus products of the penitentiary, and shall apply the proceeds
thereof to the maintenance of the institution as far as necessary.
Should any surplus funds arise from this source they shall be paid
into the State treasury annually, and the Commission shall, at the
end of each quarter, make to the Governor a detailed report of all
such transactions ; provided, the Commission shall have authority to
furnish such surplus products, or any part thereof, to the State
Asylum, for the Insane, at Milledgeville, the Academy for the Blind,
at Macon, and to the School for the Deaf, at Cave Spring, should this
be found practicable.
A^i897, p. § 6723. Forfeited leases; convicts, how disposed of. — If by reason
of the forfeiture of any lease contract now in existence any portion
of the convicts should be retaken by the State from the present lessees
before the lease contract expires, the Commission may, in their dis-
cretion, place said convicts so retaken upon said land, making suit-
able arrangements for their care and maintenance, and utilize their
labor in erecting the buildings, stockades and appurtenances hereto-
fore provided f or3 or such other labor as the Commission deem
profitable; or if equitable arrangements can be made with any of said
lessees whereby the State may resume control of such portion of the
convicts as may be needed for this purpose, the Commission is au-
thorized to make such arrangements and use said convicts in the
manner and for the purpose specified, but no such arrangement shall
be made unless it will be cheaper to the State than free labor.
a.^1897, p. § 6724. Lease of Felony Convicts; Price. — Should the authorities
of any county or any municipal corporation in this State desire to
utilize any number of State or felony convicts on the public roads or
works in their respective counties or municipal corporations, said
authorities may file with said Commission a requisition stating the
number wanted, the kind of work to be done and the term for which
they will be wanted, which requisition must be filed with said Beard
by the 10th day of August, 1898, and said Commission is hereby
authorized to furnish said county authorities the number so required.
After the year 1898 the said requisitions shall be filed by the Com-
mission in the order in which same are received, and the convicts
furnished thereon as the Commission may be able, respect being had
to the amount offered. The convicts furnished under this section
shall be short-term (not over two years) men, and physically able to
do the work required of them. In no event shall any county be
furnished with felony convicts whose authorities fail to work its own
misdemeanor convicts on the public roads or public works. Should
such requisition be made, and the convicts furnished, the county or
municipal authorities shall provide, without cost to the State, all
transportation, maintenance, guards and other necessaries, and shall
pay to the State not less than thirty-six dollars per annum for each
convict, to be collected and applied as the hire of convicts as herein-
71.
191 PART II., TITLE L— CHAPTER V. §§6725, 6726
Prison Commission.
after provided. The said convicts shall be governed and controlled
by the rules and regulations provided by the Commission.
§ 6725. Lease of other convicts. — At the same time that advertise- a. 1897, p.
. 71.
ments are published for the purchase of land, as provided by § 6721
above, said Commission shall run a similar advertisement offering
for hire, for terms not longer than five years, all the convicts not
embraced in said section, and not furnished the county authorities,
as provided by § 6723 above, to be employed at any labor consistent
with reasonable punishment and the physical ability of the convicts :
Provided,, that the convicts shall, as far as possible consistent with
the best interest of the State, be so worked that the products of their
labor shall come least in competition with that of free labor; pro-
vided further, that in no case shall convicts be worked in factories
where women are employed: the State furnishing all guards, physi-
cians, the hirer furnishing transportation, maintenance, medicine,
clothing and all other necessaries, and such buildings as may be re-
quired (which shall be stated in the advertisement), and paying
quarterly for the annual labor of the convicts at an agreed price per
annum per capita. At the time fixed in said advertisement the Com-
mission shall award said convicts, or any of them, to the bidder or
bidders who offer the highest and best price for the labor, but may
reject any and all of said bids, and may make any other contract
of hiring on the plan specified which, in their judgment, will carry
out the intentions of this Act and subserve the best interest of the
State.
(a) Hirer s right to sublet. — Any hirer shall have the right to
sublet, by and with the consent of the Commission, any number or
all the convicts hired by him, provided that there shall be no addi-
tional expense to the State.
(b) Contracts of hire. — The Commission, in hiring the convicts,
may contract with one or more persons or companies, but no bids for
less than fifty nor more than five hundred convicts shall be received ;
and all convicts sentenced after April 1st, 1899, to the penitentiary
shall be disposed of by the Commission under and by virtue of the
provisions of this Act.
§6726. Bond of hirer. — All contracts made shall provide f or A,7}897' p'
suitable bond, with security, to be approved by the Commission,
to be made by the hiring person or company, payable to the Governor
and his successors in office, in an amount to be fixed by the Commis-
sion, conditional for the faithful payment of the hire and observance
of the contract and of such rules and regulations as may be adopted
by the Commission ; and that, whenever anv bond is executed bv the
nirer of said convicts, as herein contemplated, the property of said
principal and security or securities on said bond shall be bound
from the time of the execution thereof for the payment of any and
all liability arising from the breach of said bond. In lieu of a per-
sonal bond, the company or individual hiring the convicts may de-
§§6727-6729 PART II., TITLE L— CHAPTER V. 192
Prison Commission.
posit collaterals, consisting of United States bonds, State bonds or
municipal bonds, which are acceptable to the Commission; or the
company or individual hiring the convicts may give as surety any
solvent guarantee company, surety company, fidelity insurance com-
pany, or like company, which has complied with the Act of December
24, 1S96, authorizing such companies to become surety upon certain
bonds, and in case of default, the bonds shall be collectable as pro-
vided in said Act of December 24, 1896 (§§ 6620-6629).
(a) Additional' security. — Whenever the surety upon any bond
shall become doubtful, the Commission shall have authority to provide
other srood and solvent securitv, and in default of such securitv
being given, the Commission may forfeit the least and take charge
of the convicts.
(b ) Quarterly payment of hire. — The hire shall be paid into the
treasury of the State at the end of eachthree months from the date
of the hiring, upon a certified statement submitted by the Commis-
sion to the Comptroller-General, ten days being allowed to said hirer
to pay the hire after such statement has been so filed.
a. 1897, p. § 6727. Executions for hire, how issued and collected. — Upon
default in the payment of the hire of the convicts as heretofore pro-
vided, the Comptroller-General shall issue, instanter, an execution
against the principal and his sureties for the amount of hire due,
together with all interest and costs. In the event the said contracts
of hire are, for any cause, forfeited, the Comptroller-General shall,
upon notification by the Commission that forfeiture has occurred,
collect, in addition to the hire due as aforesaid, twenty-five per cent,
on the bond as liquidation damages, with all costs; which said ex-
ecution shall be collected as executions against tax-collectors are now
collected bv law.
a. 1897, p. § 6*28. Convicts leased, how disposed of. — Upon the expiration
71- of the present lease contract, the Commission shall place upon the
property purchased the females, who shall be put at such labor as is
best suited to their sex and strength. They shall also place upon
said farm or farms all boys under fifteen years of age, who shall be
put at such work as is best suited to their strength and age, making
provisions for such moral and manual training as may be conducive
to their reformation and restoration to good citizenship. Such aged
infirm or diseased convicts as in the judgment of the Commission
should not be hired out, and such others as may be needed or re-
served by said Commission, shall be put at such labor as the Commis-
sion may direct. The convicts required by the county or municipal
authorities for public works therein shall be delivered to said county
or municipal authorities, and the residue shall be put at labor on the
contracts of hiring made as herein provided.
a. 1897, p. §6729. Annual reports of Commission. — On the assembling of
the General Assembly of 189S, said Commission shall lay before
that body a detailed report, showing what property has been pur-
71.
193 PART II., TITLE I.— CHAPTER V. §§6730-6734
Prison Commission.
chased by them, what contracts have been made for the hire of con-
victs, and an itemized report of all expenditures made by them,
and shall annually thereafter make reports to the General Assembly
of their acts and doings. They shall also formulate such rules and
regulations as may be deemed best for the government of the peni-
tentiary in conformity with this Act, and recommend such legislation
as may be needed to carry out their plans.
§6730. Principal Keeper's office; Assistant and Physician of a. i897,p.
Penitentiary abolished. — The duties of the principal keeper of the
penitentiary and the assistant keeper of the penitentiary, as now
provided by law, shall devolve upon the Commission hereby created,
and immediately upon the appointment and qualification of the mem-
bers of said Commission, the office of principal keeper of the peniten-
tiary and the office of assistant keeper of the penitentiary and the
office of physician of the penitentiary shall be abolished.
§ 6731. Appropriation of 1897. — To carry out the provisions of a. isw, p.
this Act, the sum of fifty thousand dollars ($50,000.00), or so much
thereof as may be necessary, is hereby appropriated, and the Governor
is hereby authorized to draw his warrant on the Treasury for the same
out of any money in the treasury.
§6732. Appropriation of 1399.— The sum of one hundred and a. 1899, p.
twenty thousand dollars is appropriated out of any funds in 9*
the treasury, not already appropriated, for the use of the Prison
Commission for the year 1900, to pay the salaries of the commission-
ers, and other officers and employees, office expenses and supplies,
transportation, and other necessary expenses incurred by authority
of law; provided, that the appropriation heretofore made of seven
thousand two hundred dollars, for the payment of the salaries of the
Prison Commissioners and their clerk, shall be held and deemed and
be considered a part of the appropriation made by this Act.
This money shall be drawn from the treasury by executive war-
rant, upon requisition of the commission, stating for what purpose
the money is to be used.
§ 6733. Support of Commission. — All money arising during the a. 1898, p.
year 1899, except the sum of thirty-two thousand two hundred
dollars, from contracts for the labor of convicts, made pursuant
to the act of December 21st, 1897, creating the prison commission of
the State of Georgia, be, and is, hereby made subject to expenditure
in carrying out the provisions of said act, in paying the expenses of
the prison commission, the salaries of the officers, physicians and
guards therein provided for, the maintenance of the convicts on the
State farm, the equipment of said farm, and such other purposes
as are therein contemplated in said Act of 1897. (§§ 6714-6731).
§6734. Expenditures of Commission. — Upon requisition by the a. i898,p.
prison commission, stating the contemplated or actual expenditures
for which the money is needed, the governor is authorized and re-
13— Ga Code
19.
6735-6741 PART II. , TITLE L— CHAPTER VI. 194
Miscellaneous Provisions.
quired to draw a warrant upon the State treasury in favor of said
commission for the money so required.
a. 1898, p. § 6735. Report of Prison Commission in 1899. — The prison com-
mission shall, in their annual report to the General Assembly in
1899, make an accurate itemized statement of all expenditures and,
if required, accompany the same with proper vouchers therefor.
A.J900, p. §6736. Industrial Farm,. — The Reformatory Prison shall be
called by the name of Industrial Earm, instead of Reformatory
Prison.
Awi9oo, p. § 6737. Discretion of Judge. — It shall be left to the discretion of
the judge sentencing any particular juvenile criminal to determine
whether or not such juvenile criminal shall be sent to the chain-
gang or to the Industrial Earm; the question whether or not such
criminal shall be sent to said Farm or to the chain-gang to rest ex-
clusively in the discretion of the judge*
A.j.90o,p. § 6738. Transfers from chain-gang forbidden. — 'No juvenile crim-
inal cuce sentenced to the chain-gang can be thereafter transferred
to the Industrial Earm, and that juvenile criminals now in the chain-
gang shall not be transferred to the Industrial Earm.
77.
77.
77.
CHAPTER VI.
MISCELLANEOUS PROVISIONS.
a. 1899, p. § 6739. Bogs, tax on; penalty for failing to comply with law as
a. 1900, p. to. — [See Code Supplement § 6043.]
§ 6740. Professional tax, penalty for failure to nay. — [See Code
Supplement §§ 6047-6049.]
a. 1898, p. § 6741. Assignment of garnishment claim, to defeat exemptions. —
§4732. Whoever assigns or transfers or sends out of this state, by himself or
agents, anv claim for debt against a resident of this state, for the
purpose of having the same collected by proceedings in attachment or
by garnishments in courts outside of this state^ with, intent to de-
prive a resident of this state of the right to have his wages exempt
from garnishment as provided by section 4732 of the Civil Code of
1895 and acts amendatory thereof, where the creditor and debtor and
person or corporation owing the money intended to be reached by
such proceedings are within the jurisdiction of the courts of this
state, thereby seeking to evade said law and defeat the public policy
of this state, shall be guilty of a misdemeanor, and, on convicition,
shall be punished by a fine of not less than ten dollars and not ex-
ceeding fifty dollars for each account or claim so unlawfully trans-
ferred or assigned or sent out of this state as aforesaid. And the
person whose personal earnings are so attached or garnisheed, shall
have a right of action before any court of this state having juris-
diction, to recover the amount attached and any costs paid, by him
in such attachment proceedings, together with all damages which
195 PART IL, TITLE II.— CHAPTER VI. §§6742-6743
Penal Code Amendments.
L.e or they may sustain thereby, particularly such damages as may
result to such person or persons because of any loss of employment
bv them, or discharge or suspension from work, because of any levy
of such attachment or garnishment proceedings, either from the
person so assigning, transferring or sending such claim out of the
state to be collected; as aforesaid, or the person to whom such claim
may be assigned, transferred or sent, as aforesaid, or both, at
the option of the person bringing such suit. The money thus recov-
ered shall not be subject to garnishment.
Evidence prima facie sufficient. — The assignment, transfer or
sending of such claim to a person not a resident of this state, and
the commencement of such proceedings in attachment outside of
this state, shall be considered prima facie evidence of the violation of
this section.
§ 6742. Superseadeas in criminal cases. — -Whenever the defendant A-7^899' p-
in a criminal case is convicted, in any of the courts of this state,
and makes a motion for a new trial, the judge trying such case shall
grant an order superseding the sentence imposed on such defendant
until his motion for new trial is heard and decided, when requested
to do so bv the defendant or his counsel.
TITLE II.
FETSAL CODE AMENDMENTS.
[2\"ote. — The figures in the first column below are the Code Sup-
plement numbers. Those in parenthesis are the numbers of the orig-
inal sections, as they appear in the code of 1895.]
§ 6743 (65). Voluntary manslaughter. — In all cases of voluntary
manslaughter, there must be some actual assault upon the person
killing, or an attempt by the person killed to commit a serious per-
sonal injury on the person killing, or other equivalent circumstances
to justify the excitement of passion, and to exclude all idea of delib-
eration, or malice, either expressed or implied. Provocation by
words, threats, menaces or contemptuous gestures, shall in no case be
sufficient to free the person killing from the guilt and crime of
murder. The killing must be the result of that sudden, violent im-
pulse of passion supposed to be irresistible ; for if there should have
been an interval between the assault or provocation given and the
homicide, [of which the jury in all cases shall be the judges], a. 1899, p.
sufficient for the voice of reason and humanity to be heard, the killing 41'
shall be attributed to deliberate revenge, and be punished as murder.
Charge by the court of \\ 64 and 65 not misleading-, where Q. shot at K. but
killed M. Charlon v. State, 106 Ga., 400.
Threats, accompanied by menaces, may, in some instances, be sufficient to
produce such fear as will justify killing. Cumming v. State, 105 Ga.,
666.
§§6744-6747' PART II. , TITLE II.— CHAPTER VI. 196
Penal Code Amendments.
Three different conditions, under this section, which will reduce homicide
from murder to voluntary manslaughter. Raglan v. State, 111 Ga., 214.
Trespasser attempting to enter habitation, and killed by occupant of the
house, when not a case of manslaughter. Smith v. State, 106 Ga., 677.
Voluntary manslaughter, facts which will reduce a homicide from murder to.
Sumner v. State, 109 Ga., 143.
a. 1899, p. § 0744 (137). Punishment of arson. — The punishment for the
willful and malicious burning, or setting fire to, or attempting to
burn a house in a city, town or village, whether the house be the
property of the perpetrator or of another, and the punishment for
the willful and malicious burning of an occupied dwelling-house of
another on a farm, or plantation, or elsewhere, shall be imprisonment
and labor in the penitentiary for not less than five nor more than
twenty years : provided, said arson shall not produce the death or
maiming of any person. But if said arson shall produce the death
or maiming of any person, the punishment shall be death, in conform-
ity with the provisions of section 63 of the Penal Code.
Accessory before the fact, to crime of arson, one may be. Howard v. State,
109 Ga., 139.
§ 674-5 (221). Hunting on inclosed land. — If any person shall
hunt with dogs, firearms, or other implements, in or through any
A.J897, p. enclosed [or unenclosed] land or cultivated field, walk or pasture,
after being forbidden so to do or ordered to desist therefrom, by the
owner thereof, or the person having' the same in charge, or his agent,
he shall be guilty of a misdemeanor. Posting a card in two or more
places on enclosed or unenclosed land, fields, walks or pastures,
and one at the door of the court house in the county where such
lands, fields, walks or pastures are situated, forbidding all persons
to enter upon and hunt thereon, shall be held and deemed a legal
notice under this section; provided, this amendment shall apply to
stock law counties only.
§ 6746 (341). Carrying concealed weapons. — Any person having
or carrying about his person, unless in an open manner and fully
A.ji898, p. exposed to view, any [kind of metal knucks], pistol, dirk, sword in
a cane, spear, bowie knife, or any other kind of knives, manufactured
and sold for the purpose of offense and defense, shall be guilty of a
misdemeanor.
36.
60.
Carrying pistol concealed, from shop where repaired, at request of owner,
solely to deliver it to him, indictable. Goldsmith v. State, 99 Ga., 253.
Passenger on railway car having pistol in satchel, attached by strap to his
person, guilty of crime. Willis v. State, 105 Ga., 633.
§ 0747 (388). Prosecution may he stopped hy marriage. — A
prosecution under the preceding section may be stopped at any time
a. 1899, p. [before arraignment and pleading, and not otherwise], by the mar-
riage of the parties, or a bona fide and continuing offer of marriage
on part of the seducer ; provided, that the seducer shall at the time
of obtaining the marriage license from the ordinary of the county
of the female'°; residence, give a good and sufficient bond in such sum
197 PART II., TITLE II. —CHAPTER VI. §§6748-6749
Penal Code Amendments.
as said ordinary may deem reasonable and just, taking into consider-
ation the conditions of the parties, payable to said ordinary and his
successors in office and conditioned for the maintenance and support
of the female and her child or children, if any, for the period of five
years. If the defendant is unable to give the bond, the prosecution
shall not be at an end until he shall have lived with the female in
good faith for five years. [In case the defendant fails to comply a. 1899, p.
with the provision of this section, the wife shall be a competent wit-
ness to testify against the husband : provided, that this amendment
shall not apply to cases now pending.]
6748 (413). Minors not to 'play billiards, pool, or ten pins. —
"Any owner or owners, or persons controlling billiard table, [pool A- *897' p-
table], or ten-pin alley, that shall or may permit any minor to play
or roll on the same, without the consent of the parent or guardian,
shall, on conviction of the same., be fined in a sum not to exceed one
hundred dollars for each and every offense, or imprisonment twenty
days, or both^ at the discretion of the court.
§ 6749 (420). Running freight trains on Sabbath. — If any freight
train, excursion train, or other train than the regular trains run
for the carrying of the mails or passengers, shall be run on any
railroad on the Sabbath day, the superintendent of transportation
of such railroad company, or the officer having charge of the business
of that department of the railroad, shall be liable to indictment in
each county through which such train shall pass, and shall be pun-
ished as for a misdemeanor.
The foregoing provisions shall not extend to :
(1) A train ivhich has one or more cars loaded with live stock,
and which is delayed beyond schedule time. Such train shall not
be required to lay over on the line of road during Sunday,
but may run on to the point where, by due course of shipment or
consignment, the next stock-pen on the route may be, where such
animals may be fed and watered according to the facilities -usually
afforded for such transportation.
(2) A frieght train running over a road on Saturday night, if
the time of its arrival at destination according to the schedule by
which it started on the trip be not later than eight o'clock Sunday
morning.
(3) Special fruit, melon and vegetable trains, the cars of which
contain no other freight except perishable fruits, melons, vege-
tables, fresh fish, oysters, fresh meats, live stock and any other
perishable goods of a like character, and which trains shall be loaded
and leave the station from which they start in this State before the
hour of midnight on Saturday night previous to the Sunday on
which they are operated. 'No company shall be compelled to run
the train mentioned in this paragraph, and all freight trains or
cars thus loaded and. coming into this State may run to any point of
§§6750-6754 PART II., TITLE II.— CHAPTER VI. 198
Penal Code Amendments.
destination in this State, or continue their run through the State on
Sunday.
A.gi899, p. (4^ j-rpo trains on railroads where the line of said railroad be-
gins and ends in another State, and does not run a distance greater
a. 1897, p. than [thirty] miles through this State.]
So.
Superintendent, of transportation company alone indictable; trainmaster who
"made up" train not so. Craven v. State, 109 Ga., 366.
§ 6750 (428). Selling or soliciting in prohibition counties. — If
a. 1897, p. any person shall sell, [contract to sell, take orders for] , or solicit,
personally or by agent, the sale of spirituous, malt or intoxicating
liquors, in any county or town or municipal corporation or militia
district or other place where the sale of such liquors is prohibited
by law, high license or otherwise, he shall be guilty of a misdemeanor.
Bulloch County. Special Act of 1879, making it a misdemeanor to "sell," etc.,
unconstitutional. Sasser v. State, 99 Ga., 55.
Sale, and soliciting* orders to sell, may be set out in two different counts.
Williams v. State, 107 Ga., 693.
State subsequently rendering- act indictable, State no longer has jurisdiction.
Strauss v. Mayor, etc., of Way cross, 97 Ga., 476.
Testimony admissible for accused to show he was agent for buyer, and not
for seller. Silver v. State, 105 Ga., 838.
see §6689. § 075 1 (540). Consignment of Farm Products, payments for. —
Any person or persons who shall solicit or in any way procure con-
signments of fruits, melons, vegetables, butter, eggs, poultry, or other
farm, orchard, and dairy products in this State, whether for them-
selves or as agents or employee of others to irresponsible persons,
firms or corporations, to be sold on commission, and who shall fail to
account for and pay to the rightful owner the whole net proceeds aris-
a. 1896, p. ing from the sale of such products so consigned, [within thirty days],
said person or persons soliciting or otherwise obtaining such consign-
ments shall be guilty of a misdemeanor, and upon conviction shall be
punished as prescribed in section 1039 of this Code.
§ 6752 (698). Setting fire to woods. — If any person shall will-
a. 1898, p. fully, [carelessly or negligently], set on fire, or cause to be set on
fire, any woods, lands or marshes, so as to cause loss or injury to
another, he shall be guilty of a misdemeanor.
§ 6753 (752). Indictment sent down from Superior Court — If
an indictment is found by the grand jury, the judge of the Superior
A.J900, p. Court may, in his discretion, [either in term time or Vacation],
order it to be transferred, with all the papers in the case, to the county
judge. After giving ten days' notice to the prosecutor and the ac-
cused, the county judge shall proceed to dispose of the case in the
manner prescribed for cases in which no indictment has been de-
manded.
§ 6754 (765). Affidavit and bond required. — The writ shall not
be granted unless the accused shall file his affidavit, stating that he
has not had a fair trial, and has been wrongfully and illegally con-
victed, and shall also give bond and security, or make affidavit as is
58.
199 PART II., TITLE IL— CHAPTER VI. §§6755-6757
Penal Code Amendments.
required of persons when carrying criminal cases to the Supreme
Court ; [and the execution and filing of said bond shall operate as a a
supersedeas of the judgment rendered in said court for the space of
ten days].
Affidavit that, "owing- to his poverty, he is unable to pay the costs or give the
bond and security, as required by law," sufficient. Barnes v. State, 105
Ga., 830.
§ 6755 (815). When revision shall he made. — Biennially [or if a. 1899, p.
the judge of the superior court shall direct, triennially] on the first
Monday in August, or within thirty days thereafter, they shall revise
the jury lists, as provided in this article, except that in those counties
within whose limits there is an incorporated town of ten thousand
or more inhabitants, the revision shall be made annually ; [provided, A# 1897> p#
such annual revision is so ordered by the judge of the superior court 40,
of said county]. In determining the number of inhabitants of any
town, the last preceding census of the United States shall be taken
as evidence of the number of inhabitants.
Name of grand juror not on list " at the time the indictment was found," not
good in abatement. Wellman v. State, 100 Ga., 577.
§ 6756 (1030). Judges shall give written charges on request. —
The judges of the superior, city and county courts shall, when the
counsel for either party request it before [argument begins], write a. 1897, p.
out their charges and read them to the jury, and it shall be error to
give any other additional charge than that so written and read.
§ 6757 (1047). Sentence suspended on becoming insane after
conviction. — If, after anv convict shall have been sentenced to the
punishment of death, he shall become insane, [upon the oath of a a. 1897, p.
practicing physician, the question of the sanity of said convict shall
be tried by the superior court of the county in which he has been
sentenced, and he shall be entitled to a jury of twenty-four men,
from which the State shall be entitled to six peremptory strikes,
and the convict to be entitled to six peremptory strikes, said jury
to be regularly drawn from the jury box of said superior court].
The following oath shall be administered to the jury, to wit : "You
and each of you do solemnly swear (or affirm) that you will well
and truly try this issue of insanity between the State and A B, now
condemned to die, and a true verdict give according to the evidence
[and the law, as given you in charge]. So help you God." If it be a. 1897, p.
found by the inquisition of such jury that the convict is insane, the 4L
sheriff shall suspend execution of the sentence [and the presiding a. 1897, p.
judge of the circuit] shall cause the same to be entered on the minutes
of the superior court of the county where the conviction was had.
[The presiding judge shall charge the jury on the question submitted, a. 1897, p.
as in other cases, and if the iurv shall find the convict sane he shall be
entitled to have no other trial as to his insanity upon any new applica-
tion for a trial thereof. Whenever the affidavit shall be made by a
physician as contemplated by this Act, the judge of said superior
§6758 PART II. , TITLE II. —CHAPTER VI. 200
Penal Code Amendment.
court may call a special session of said courts if the same be not in
session, to try said issue.]
Certiorari not lie from finding* of jury summoned to inquire into sanity of one
alleged to have become insane after conviction. Carr v. State, 98 Ga., 89.
Inquisition a judicial proceeding, and refusal reviewable by Supreme Court.
Sears v. Candler, Judge, 112 Ga., 381.
Inquisition may be had before a jury into the mental condition of a convict
under death sentence. Sears v. State, 112 Ga. , 382 (3), Lumpkin, P. J.,
and Fish, J., dissenting-. Id.
Jurisdiction. Insane person held in other county, ordinary thereof had none.
Baughn v. Wiley, 98 Ga., 365.
Refusal of Superior Court, after conviction, to inquire into issue of insanity,
no denial of "due process of law." Baughn v. State, 100 Ga., 556.
a. 1898, p. §6758 (1107). Fees for summoning witnesses. — Section 1107
62 . ....
is amended by adding to the fees of sheriffs in criminal cases, for
summoning each witness (50) fifty cents.
4j
INDKX.
PART II
INDEX TO THE LOCAL AND PRIVATE ACTS OF THE GENERAL
ASSEMBLY OF PUBLIC GENERAL INTEREST, INCLUDING
CHARTERS OF CITIES, TOWNS, RAILROADS, BANKS,
INSURANCE COMPANIES, ETC., ETC., WITH
THE AMENDMENTS THERETO, FROM
1800 TO 1900.
Abbeville.
Act incorporating town, 1882-3 . . 351
New charter for, 1893, p. 154; 1897 131
Public school system for, 1895 . . 117
Abbeville and Waycross Railroad
Company.
Act incorporating, 1889 275
Brunswick extension, Vol. L,
1890-1 372
Fort Valley or Macon extension,
Vol. I., 1890-1 280
Abrams Creek.
Fish protection, 1874 407
Academy of Washington.
Sale of lots in Sandersville, 1816, 69
Acree.
Act incorporating town, Vol. II.,
1890-1 428
See, also, 1860, p. 84; 1870 .... 161
Extension of corporate limits, Vol.
II., 1890-1 431
Acworth.
Liquor license, 1871-2 87
Liquor, sale prohibited, 1873, p.
108; 1875 334
Penalties for nonpayment of
taxes, clerk to issue executions,
1871-2 87
Marshal to execute, 1871-2.... 87
Police court, 1871-2 87
Public school system established,
1894 239
Adairsville.
Act incorporating, 1853-4 224
Liquor license. 1889 1083
Penalty for violating, 1889 1083
Local option law repealed, 1877. 138
(201)
New charter for, 1872, 1877 121, 549
Act of 1872 amended, 1887 549
Tax, power to, 1866 : . . . 178
Adel.
Act incorporating town, 1889 . . 865
Bond for internal improvement,
Vol II., 1890-1 809
Charter, i900 196
Adrian.
Charter of, 1899 103
Aetna Iron Company.
Annual statements of president
and board, 1875 203
- Stockholders, meeting of, 1875 ... 203
Stockholders' names published,
1875 203
Tax on stock, 1875 203
Agricultural Society of Georgia.
Incorporation of, 1810 3
Agricultural Society of Putnam ....
County.
Act incorporating, 1820 10
Agricultural and Commercial Bank
at Jackson.
Act incorporating, 1884-5 168
Ailey.
Act incorporating town, 1893 160
Alabama & Atlanta Railway.
Act 1886 incorporating, sec. 10 re-
pealed, 1889 412
Capital stock, increase of, 1889... 412
Consolidation with other roads,
1889 412
Directors, 1889 412
Alabama & Chattanooga Railroad Co.
State aid extended to, 1869 147
State indorsement of bonds, 1875 13
Al
INDEX.
202
LOCAL LAWS.
Alabama & Georgia Manufacturing Co.
Act incorporating, 1865-6 130
Act 1866 amended, 1870 232
Alabama & Georgia Railroad Co.
Cartersville extention, 1849-50 245
Alabama Eastern Railroad Co.
Act incorporating, Vol. I., 1890-1. . 317
Alabama, Georgia & Florida Rail-
road Co.
Act incorporating, 1889 322
Alabama Midland Railway Co.
Act incorporating, 1887 214
Alabama Planters' Steamboat Co.
Act incorporating, 1860 201
Alapaha.
Act incorporating town, 1880-1 . . . 484
Extention of corporate limits. Vol.
II., 1890-1 840
Liquor, license for selling, 1882-3. 612
Alapaha River.
Fish protection, 1874, p. 407; 1876 387
Albany.
Act incorporating 1838 128
Act 1838 amended, 1872 123
Incorporated as a city, 1841... 52
Act 1841 amended, 1849-50 96
Assessors, payment of, 1889 786
Bonds for bridge across Flint
River, 1870 480
Charter of 1838 repealed, 1899 124
City chain gang, 1889 786
"Dougherty" substituted for
"Baker," 1853-4 232 (13)
Extension of corporate limits,
1878-9, p. 322; 1884-5, p. 389;
1896 108
Fire limits, 1889 786
Incorporation of, 1838, p. 128;
1841 52
Jackson street, straightening of.
Vol. II., 1890-1 433
Licenses, 1889 786
Lights and water, 1889 786
Liquor license, 1859 137
Market, authority to establish,
1858 127
Market regulations, 1872 125
Marshal, election of, 1857, p. 163;
1859 189
Act 1857 repealed, 1859 189
Mayor not eligible for second
term, 1895 119
Mayor, salary of, 1858 127
Mayor and aldermen, election of,
1858 127
Mayor and councilmen, powers of,
1866 179
Terms of office, 1895 119
Vacancy in office, 1895 119
Officers, removal from office 1869 71
Ordinances, authority to enforce,
1889 786
Police commissioners, mayor
president of board, 1898 118
Powers of mayor as to, 1898 . . 118
Term, powers, etc., 1890-1, Vol.
II 431
Police force, 1889, p. 786; Vol. II.,
1890-1 431
Police officers, terms of, 1898.... 118
Public school system established,
Vol. II., 1890-1 1000
Public school system for, 1892 . . 132
Public vehicles regulated, 1889.. 786
Punishment of offenders, 1889 786
Registration of voters, 1876 154
Standing water, 1889 786
Stock running at large, 1889 786
Streets, paving of, 1889 786
Street work, tax, etc., 1889 786
Tax, authority to levy, 1889 786
Tax for support of city govern-
ment, 1858 127
Vestry of St. Paul's parish in-
corporated, 1851-2 370
Water commissioners, election,
term, etc., 1892 128
Albany Academy.
Incorporation of, 1837, p. 3; 1838. 3
Albany & Atlantic Railroad Co.
Act incorporating, 1866 119
Albany & Bainbridge Railroad Co.
Begin business in fifteen years,
Vol. I., 1890-1 413
Books of subscription, 1889 379
Change of corporation, Vol. I.,
1890-1 413
General powers, 1889 379
Albany & Columbus Railroad Co.
Extension of lines, 1870 280
Albany & Cordele Railroad Co.
Act incorporating, 1889 328
Albany & Dawson Railroad Co.
Act incorporating, 1884-5 253
Albany Bridge Co.
Act incorporating, 1851-2 283
Albany, Cuthbert, Birmingham &
Western Railroad Co.
Act incorporating, 1887 291
Albany, Florida & Northern Rail-
road Co.
Act incorporating, 1889 357
Albany Loan & Investment Co.
Act incorporating, 1889 650
Albany, Mobile & New Orleans Rail-
road Co.
Act incorporating, 1870 , 297
Adoption of road from Albany to
Mobile, 1873 193
Albany Savings Bank.
Act incorporating, 1887 342
Albany Street Railroad Co.
Act incorporating, 1887 201
203
INDEX.
Al-Am
LOCAL LAWS.
Albany Street Railroad Co. — Continued.
Freight, authority to carry, 1889 . . 672
Alcovy & Northern Railroad Co.
Act incorporating, Vol. L, 1890-1. 343
Alexander.
Act incorporating town, 1851-2 . . . 411
Free schools, bonds for school
purposes, 1872 482
Alpharetta.
Act incorporating town, 1858, p.
148; 1884-5 304
Domestic wines, sale of, 1895 396
Marshal, prosecution of offenders,
1872 >. 125
Sale of wine prohibited, 1898 385
Alpharetta Mining Co.
Act incorporating, 1868 83
Alta California Mining Co.
Act incorporating, 1855-6 468
Altamaha Railroad Co.
Act incorporating, 1874 291
Altamaha & Sapelo River Canal Co.
Act incorporating, 1€89 742
Altamaha River.
Commissioners to open two canals,
1818 (Lamar's Comp.) 127
Free passage of fish, 1840 165
Improvement of navigation of,
1801 (Clayton's Comp.) 31
Improvement of navigation of,
1802 (Clayton's Comp.) 85
Navigation improvement act,
1851-2 272
New commissioners for, 1853-4 . . . 467
Obstruction to passage of fish,
1857 289
Shad fish propagation, act to pro-
mote, 1875 357
Shad fish, propagation, 1872 483
Penalty, 1872 483
Allatoona Mining Company of
Georgia.
Act incorporating, 1857 220
Allatoona Mining and Manufacturing
Co.
Act incorporating, 1866 Ill
Alto.
Charter, 1895 121
Corporate limits defined, 1899 125
American Atlantic Screw Steamship
Co.
Act incorporating, 1857 80
American Guarantee Association.
Act incorporating, 1878-9 205
American Mining Co.
Act incorporating, 1855-6 456
American Loan & Banking Co.
Name changed to Union Trust Co.,
Vol. II., 1890-1 52
American Trust and Banking Co.
Act incorporating, 1889 481
Bonds, Vol. II., 1890-1 89
Deposits by minors, Vol. II.,
1890-1 ' 89
Directors, number of, Vol. II.,
1890-1 89
Liability for trust fund, Vol. II.,
1890-1 sy
Liabilitv of corporation and
stockholders, Vol. II., 1890-1. 89
Loans and interest, Vol. II., 1890-1. 89
Trust fund, liability for, Vol. II.,
1890-1 89
Legal depository for 89
Trustee, executor, etc., power to
be, Vol. II., 1890-1 89
Americus.
Academy incorporated, 1833 10
Act of 1851, extended to, 1853-4.. 210
Act incorporating, 1832, p. 191;
1855-6 377
Act of 1861, amending charter,
repealed 1865-6, 267
Amendment, 1869 71
Made county seat 1832 191
New charter for, 1861, p.. 87;
1873, p. 110; 1889 ." 961
Appearance bonds from offenders,
1882-3 342
Board of education established,
1873, p. 109; 1S93 413
Act for relief of, 1877 139
Bonds for bridge over Flint River,
1872 126
Bond subscription to Hawkins-
ville and Eufaula Railway
legalized, 1872 345
Bridge over Flint River, 1875 .... 149
Damages, toll, etc., 1875 149
Claims to tax ft. fas., how disposed
of, 1858 129
Clerk and marshal, 1851-2 412
Commissioners, election of, 1851-2, 412
Corporate limits defined, 1851-2,
p. 412; 1857, p. 163; 1869 71
Extension of corporate limits,
1882-3. p. 396; 1887, p. 541;
Vol. II., 1890-1 644
Express companies, power to
tax, 1866 179
Flint River bridge, power over,
1882-3 655
Furlow Masonic Female College,
1859 86
Incorporation of, made county
seat, 1832 (see Act incorpo-
rating above).
Indebtedness, increase author-
ized, 1880-1 356
Jury exemptions, 1869 185
Lodge No. 13 incorporated, 1859. 114
Marshal's duty, 1882-3 274
Am-Ap
INDEX.
204
LOCAL LAWS.
Americus — Continued.
Mechanics', artisans and day la-
borers, no tax on, 1877 140
New charter for, 1861, p. 87; 1873,
p. 110: 1889 961
(See Acts 1S55-6, p. 377; Acts
1857, p. 163; Acts 1858, p.
129.)
Previous acts revised and con-
solidated, 1873 110
Obstructing Muckalee Creek pro-
hibited, 1874 408
Penaltv for nonpayment of taxes,
1866 179
Road duty, capitation tax, 1851-2, 412
School purposes, appropriation
for, 1880-1 357
Smallpox hospital, 1882-3 422
Streets, power to open, 1866 179
Street tax, 1882-3 273
Defaulters, how dealt with,
1882-3 274
Work in lieu of tax, 1882-3 274
Street work, 1866 179
Tax on ten-pin alleys, 1853-4 210
Tax receiver and collector, 1851-2 412
Tax returns, 1874 175
Term of office of mayor, etc.,
1876 155
Trial of offenders, 1875 151
Wildly Lodge incorporated, 1851-2 370
Americus and Florence Railroad
Company.
Act incorporating, 1870 276
A. & F. R. R. stock, subscription
to, 1870., 369
State indorsement of bonds, 1870 286
Americus and Hawkinsville Rail-
road Company.
Act incorporating, 1870 332
Americus and Isabella "Railroad
Company.
Act incorporating, 1870 283
Capital stock, amount of, 1871-2 181
Lands in payment of stock,
1871-2 181
Americus and Jacksonville Railroad
Company.
Act icorporating, 1886 417
Americus Female Institute.
Act incorporating, 1851-2 317
Americus Loan and Banking Com-
pany.
Act incorporating, 1886 460
Americus Manufacturing Company.
Act incorporating, 1869 105
Americus, Preston and Lumpkin
Railroad Company.
Act incorporating, 1886 180
Extension easterly, 1887 328
Name changed to Savannah, Am-
ericus and Montgomery Rail-
way, 1888 170
Americus Savings Bank.
Act incorporating, Vol. I., 1890-1, 583
Americus Street Railroad Com-
pany.
Act incorporating, 1888 159
Americus Transit Company.
Act incorporating, Vol. I., 1890-1 383
Ammacalola Camp Ground.
Act incorporating, 1860 72
Amoye Calola Turnpike Company.
Incorporation of, 1842 101
Andrew Female College.
Act incorporating, 1853-4 116
Antioch.
Act incorporating town, 1851-2.. 415
Baptist Church incorporated,
1851-2 381
Appalachee Mining Company.
Act incorporating, 1855-6 467
Appling County. »
Baxley inserted for Holmesville
in Act of 1873-4. 1874 378
Board of Commissioners created,
1875 237
Chain gang, organization, etc.,
1896 102
Clerk's office kept at Holmesville,
1853-4 324
County Commissioners, Act 1875
amended, 1876 269
County Commissioners abolished,
1S84-5 438
County Court abolished, Vol. II.,
1890-1, p. 949; 1893, p. 371;
1897 521
Courthouse and nail, extra tax for
building, 1821 31
Dispensary for, 1897, p. 554; 1899 464
Elections regulated, 1823 70
Election districts. 1830 98
Holmesville made county seat,
1828, p. 168; 1853-4 252
Hunting and fishing, 1895 402
Jury certificates receivable for
dues, 1870 449
Jurors, compensation, 1853-54... 481
Line between Appling and Coffee
changed, 1855-6, p. 125; 1859,
p. 266; Act 1859, repealed,
1875 267
Line between Appling and Pierce
changed, 1874, p. 369;' 1875 268
Line between Appling and Telfair
changed, 1S47, p. 69; 1849-50,
p. 127; 1851-2 63
205
INDEX.
Ap-At
LOCAL LAWS.
Appling County — Continued.
Line between Appling and Ware
changed, 1849-50, p. 136;
1860, p. 143; 1875 268
Line between Appling and Wayne
changed, 1875, pp. 269, 275;
1876, p. 301 302
Line between Appling and Ware
defined, 1838 256
Liquor license, 1877, p. 331;
1878-9, p. 389 ; 1882-3 566
Liquor, sale restricted, 1877 330
Organization of, 1819 (Lamar's
Comp.), p. 236; 1824 45
Part of added to Pierce, 1857... 41
Part of added to Telfair, 1819
(Lamar's Comp.), p. 234;
1825 61
Part of added to Wayne, 1872.. 387
Poor school fund, 1826 9
Poor school fund, children enti-
tled, 1858 115
Public school system established,
1872 490
Registration, law for, 1884-5 623
Act 1885 amended, Vol. II.,
1890-1 974, 982
Amended, 1893 393
Removal of courthouse, election,
1872 385
Roads, work on, 1860 222
Sale of old courthouse and lands,
1873, p. 216; 1874 378
Tax collector and receiver con-
solidated, 1840, p. 178; 1874. 378
Consolidation act repealed,
1877 282
Ten Mile Creek, obstructions pro-
hibited, 1874 409
Treasurer elected by people,
1849-50 390
Ware county, created out of, 1824 44
Arabi.
Act incorporating town, Vol. II.,
1890-1 758
Aldermen, terms of, 1896 109
Mayor, term of, 1896 109
Tramrbad in streets, 1896 109
Arkwright Manufacturing Co.
Act incorporating, 1873 161
Arlington.
Act incorporating town, 1880-1.. 435
New charter for, Vol. II., 1890-1. . 867
Previous acts repealed, Vol. II.,
1890-1 867
Arnett Bridge Co.
Franchises forfeited, 1878-9 395
Artesian City Railroad Co.
Act incorporating, 1889 672
Ashburn.
Act incorporating town, Vol. II.,
1890-1 625
Athens.
Act incorporating, 1806 44
New charter for, 1872, p. 127;
1889 894
Aldermen, election terms, etc.,
1874 ."... 176
Assessment for street improve-
ment, Vol. II., 1890-1 442
Assessment for water tax, 1889 . . 894
Returns for assessments, 1889. 894
Board of education, election,
powers, etc., 1887 842
Vacancies, etc., 1888 327
Board of wardens, vacancy, how
filled, 1859 127
Bonds for subscription, N. E. R.
R. Co., 1872 127
Bonds to university ratified, 1874 203
Business tax, 1887 583
Churches incorporated, 1828 50
* Cisterns, authority ' to bu^ild,
1878-9 281
Clerk of the market and clerk of
council separated, 1861 89
Commissioners, name of. 1847 . . 26
Powers of, 1831 242
Corporate limits contracted, 1877, 140
Council, meetings of, 1874 176
Courthouse, suitable site for,
1871-2 244
Deputy marshal and clerk, va^
cancy, 1859 127
Dispensary for, Vol. II., 1890-1... 436
Eclectic board of physicians con-
stituted, 1861 116
Electric railroad company, act
incorporating, 1894 131
Emanuel church incorporated,
1843 92
Extension of corporate limits,
1840, p. 99; 1842, p. 96; 1857, 164
Act 1840 repealed, 1847 26
Extra tax for redeeming bonds,
1876 156
Female academy, incorporation
of, 1829 9
Fire Company No. 1. incorpo-
rated 1849-50 184
Georgia railroad, extension to
Rabun Gap, 1870 325
Horse racing, 1874 176
Incorporation and regulation of,
1806 44
Intendant and wardens, election
of, 1847 26
Power of, 1855-6 400
Intendant, appeal from judgment
of, 1855-6 400
Intendant pro tempore, 1855-6 .... 400
Intendant to be ex officio justice
of the peace, 1865-6 267
Liquor, sale restricted, 1876 156
Marshal and deputy, election of,
1853-4 211
At
INDEX.
206
LOCAL LAWS.
Athens — Continued.
Mayor, term of office, 1889 998
Mayor's court, fines and im-
prisonment, 1889 923
Appeals, 1889 923
M. E. Church, trustees appointed,
1841 40
National artillery incorporated,
1859 390
New charter for, 1872, p. 127;
1889 894
Pioneer Hook and Ladder Com-
pany No. 1 incorporated, 1860 113
Powers extended, 1855-6 400
Power of intendant and wardens,
meeting of, 1855-6 400
Public school system for, 1884-5. 603
Entrance fees, 1888 328
Public schools, board of educa-
tion, 1888 327
Corporate name and powers,
1888 327
Mayor is a member, 1888.... 327
Ward members, 1888 327
Punishment of offenders, 1855-6. 400
Registration of voters, 1874 176
Oath of applicant, 1893 163
Relief Fire Company No. 2 incor-
porated, 1859 221
Sewerage and drainage, Vol. II.,
1890-1 435
Sewerage system authorized,
1887 583
Sewer connections, 1900 209
Lien for costs. 1900 209
Sidewalks, paving of, 1889 869
Streets, grading, paving, etc.,
1887 629
Assessments therefor, 1887 629
Part between railroad tracks,
1887 629
Streets, grading, paving, etc.,
Vol. II., 1890-1 442
Streets, opening, widening, etc.,
1887 583
Damages therefor, 1887 583
Street railroad assessment, Vol.
II., 1890-1 442
Tax for fire department, 1849-50. 184
Wards, division into, 1847 26
Water taxes and funds, 1889 894
Witnesses, attendance of, 1855-6. 400
Work gangs and offenders, 1889. 923
Athens and Chattanooga Railroad Co.
Act incorporating, 1884-5 271
Athens and Columbus Railroad Co.
Act incorporating, 1884-5 255
Athens and Cornelia Railroad Co.
Act incorporating, Vol. I., 1890-1. 281
Athens, Danielsville and Eastern
Railroad Co.
Act incorporating, 1884-5 214
Athens and Eatonton Railroad Co.
Act incorporating, 1872 320
Connections with other roads,
1873 193
Crossing other railroads, 1873 . . . 193
Directors, number of, 1873 193
Principal office, location of, 1873. 193
Subscriptions to stock, 1873 193
Athens and Jefferson Railroad Co.
Act incorporating, 1884-5 269
Corporators changed, 1886 165
Limitation of charter, 1886 165
Route, 1886 165
Athens Building and Loan Association.
Act incorporating, 1853-4 376
Athens Fire Company No. 1.
Incorporation act amended, 1866. 204
Athens Foundry and Machine Works.
Athens Steam Company, nar~
changed to, 1863-4 91
Capital stock, increase of, 1863-4. 91
Athens Gaslight Co.
Act incorporating, 18*72, p. 292;
1855-6 422
Athens, Georgia Insurance Co.
Act incorporating, 1862-3 36
Athens Guards.
Act incorporating, 1855-6 472
Athens Independent Fire Company.
Incorporation of, 1839 129
Athens Insurance Co.
Act incorporating, 1860 115
Athens Loan, Banking & Savings
Association.
Act incorporating, 1886 87
Athens Manufacturing Co.
Tax to be refunded, 1872 294
Athens Mechanics' Mutual Aid As-
sociation.
Incorporation of, 1837 126
Athens Mutual Fire Insurance Co.
Incorporation of, 1847 128
Athens Mutual Insurance Co.
Act incorporating, 1880-1 210
Athens Pioneer Hook and Ladder Co.
Appropriation to, 1880-1 358
Athens Railroad Co.
Conveyances of lot by Augusta
to, 1835 186
Lots in Augusta conveyed to,
1834 218
Athens Railway Co.
Act incorporating, 1889 697
Borrowing money, etc., Vol. I.,
1890-] 306
Capital stock, Vol. I., 1890-1 306
Charter general powers, Vol. I.,
1890-1 306
Charter, terms of, Vol. I., 1890-1 306
207
INDEX.
At
LOCAL LAWS.
Athens Railway Co. — Continued.
Consolidation with other roads,
Vol. I., 1890-1 306
Directors, number of, Vol. I.,
1890-1 306
Electric plants, Vol. I., 1890-1... 306
Lease or sale, Vol. I., 1890-1 306
Property rights, Vol. I., 1890-1... 306
Athens Savings Bank.
Act incorporating, 1884-5 187
Act 1885, sec. 3, stricken, 1887... 408
New section substituted, 1887. 408
Deposits by minors and married
women, Vol. II., 1890-1 315
Deposits under one dollar, Vol.
II., 1890-1 315
Athens Steam Co.
Act incorporating, 1853-4 383
Name changed to Athens Foun-
dry & Machine Works, 1863-4 91
Athens Street Railway Co.
Act incorporating, 1870 288
Athens Transfer Railroad Co.
Act incorporating, 1878-9 220
Atlanta.
[See Judge J. A. Anderson's
Code of the city of Atlanta of
1899, which is, in the nature
of the case, a fuller and better
index than this.]
Act incorporating Marthasville,
1843 83
Act, of 1855 repealed, 1857 166
Change of name to Atlanta,
1845 91
New charter for, 1847, p. 50;
1874 116
Act of 1881 amended, 1897 145
Ad ralorem tax, 1896 110
Alabama street, extension of,
1894 144
Opening of, Vol. II., 1890-1 458
Alabama street bridge, 1893, p.
175 (9); 1896, 110
Aldermen, number increased,
1884-5 293
Election and terms, 1884-5 p.
293; 1888 ,.. 199
Aldermen and councilmen sepa-
rate bodies, 1900 210
Appropriations, how made, 1896. 110
Assessments for improvement of
streets and alleys, 1888 205
Assessment for sanitary pur-
poses, 1897 145
Assessments for street improve-
ments, 1880-1 358
How corrected, 1896, p. 110;
1897 145
Assessors, appointment by prop-
erty owners, 1880-1 358 (22)
Assessors in cases of opening
streets, Vol. II., 1890-1 446
Umpire, award, etc., Vol. II.,
1890-1 446
Assessors of real estate
abolished, 1880-1 358 (23)
Assistant tax receiver, 1880-1 358 (24)
Duty, terms, salary, etc., 1880-1
358 (24-26)
Duty, bond, oath, etc.,
1880-1 358 (27)
Assistant tax receiver and asses-
sor, salary of, 1882-3 389
Atlanta cadets, exemption from
jury duty, 1874 317
Atlanta lire company No. 1, 1853-4 371
Auction of jewlery, etc., tax,
1893 175 (8)
Awards, acceptance or rejection,
1893 175 (4)
Bank agencies, license, 1859. 215 (16)
Bills and bonds of, legalized,
1865-6 243
Boards, councilmen cannot be
members of, 1895 123 (2)
Citv officer, accepting another,
1895 123 (2)
Members serve without pay,
1895 123 (4)
One cannot be member of two,
1895 123 (2)
Board of commissioners of streets'
and sewers, abolished, 1884-5 375
Board of education, 1897 145
Board of health, 1870 157
Mayor a member, 1889 811 (4)
Members of, 1896 110
Number and terms of office,
1880-1 358 (30)
Need not be from each ward,
1880-1 358 (30)
Board of water commissioners
created, 1887 • 530
Bonds, authority to issue, 1865-6. 268
Rate of interest restricted,
1877 140
Registration, etc., 1889. 811 (13,14)
Guardians etc., investment in
1889 ...' 811 (15)
Tax for interest and sinking
fund, 1898 121
Bonds for fair ground purposes,
1870 157
Bonds for floating debt and re-
demptions, 1878-9 255
Amount appropriated for fund,
i878-9 255
Bonds for old capitol at Milledge-
ville, 1882-3 459
Bonds for water works and
electric plant, 1899 127
Bond for water works, 1900 209
Bond issue of two hundred thou-
sand dollars authorized, 1898, 121
Bonds of city, 1897 145
At
INDEX.
208
LOCAL LAWS.
Atlanta — Continued.
Bonds of city officers, 1863-4 86
Bonds to meet outstanding
bonds, 1878-9 255
Bonds to retire maturing bonds,
1886 237
Bonded indebtedness, refunding
of. 1898 121
Bonded debt, refunding of, 1889. 1100
New bond issue, 1889 1100
Borrow money, authority to, Vol.
II., 1890-1 454
Borrowing money, 1870, p. 157;
1893, p. 175; 1887 484
Borrowing money prohibited, ex-
ceptions, 1878-9 255
Building inspection, 1870 157
Building inspectors, increase of,
1894 141 (5)
Qualifications, duties and
powers 1894 141 (5)
Reports of, 1889 811 (2)
Business tax authorized, 1878-9 . . 254
Capitol building, site for, 1878-9.. 421
Carnegie library, 1899 127
Cases in court, advancement of,
Vol. II., 1890-1 456
Cemeteries. Vol. II., 1890-1 448
Supervision over, 1886 239
Census of city, 1894 141 (7)
Assessment of property for
taxation, 1896 110
Chamber. of commerce, election
of board of directors, 1872 ... 138
City assessors, election of,
1853-4 235 (27-8)
City Code of 1891, sec. 216
amended, 1897 145
City council, quorum, 1860 90
Salary of, 1863-4 86
City council of Atlanta, jurisdic-
tion, pleading and practice,
etc.. 1874 116 (78-129)
City court of Atlanta, jurisdiction,
pleading and practice, etc.,
1874, p. 116; 1878 129
(See City Court of Atlanta).
City hall, sinking fund for, 1896. 110
Claims must be presented before
sued, 1898 121
Clerk of commissioners of pub-
lic works, 1897 145
Clerk of council, election of,
1899 127
Commissioner of public works,
election of, 1884-5, p. 375;
1893 175 (6)
Clerk of commissioners,
1884-5 375
Compensation of commissioner
and clerk, 1884-5 375
Powers and duties defined,
1884-5 375
Commissioners of streets and
drains, power established,
1880-1 . . 358 (10-17)
Chairman and secretary of
board, 1880-1 358 (12)
Comptroller's office created,
1889 811 (i0)
Salary, duties, etc., 1889... 811(10)
Books, how kept, 1898 121
Condemnation for parks, etc.,
Vol. II., 1890-1 448
Condemnation for streets, 1886. 239
Condemnation of property, 1897.. 145
Condemnation of railroad rights
of way, 1896 110
Condemnation proceedings, 1893,
175 (2)
Consolidation of officers, 1893,
175 (6)
Councilmen, salary of, 1896 110
Convicts, employment of, Vol. II.,
1890-1 * 454
Farming out, 1873 118
Work on streets, 1878-9 392
Councilmen, compensation of,
1895 123 (4)
Not elected aldermen and vice
versa 1895 123 (6)
Number increased, 1853-4.. 235 (25)
Councilmen and aldermen, sepa-
rate bodies, 1900 209
Crematories, 1894 141 (4)
Defaulters double tax, 1861 89
Discretion of city as to necessity
of work, 1880-1 359 (3)
Equalizing assessments, 1880-1.. 359
Examination of public offices,
1886 239
Edgewood avenue widening of,
1888 200
Election commissioners, compen-
sation, 1880-1 358 (29)
Election franchise, 1870 .t . 157
Executions for general taxes,
1895 123 (3)
Levy of in certain cases, 1859
123 (3)
Extension of corporate limits,
1853-4, p. 211; 1861, p. 89;
1863-4, p. 80; 1865-6, p. 268;
1870, p. 157; 1889 p. 811; (6,
7, 8); 1895 ' 123
Include Collins Park R R.,
1896 110
Over West End, 1893 164 (1)
Fee for licenses, executions, etc.,
1892 135
Fire company of the city of At-
lanta established, 1849-50 183
Fire department uniforms, 1892 135
Fire escapes, 1889 811 (5)
Fire limits, 1870 157
Firemen, uniforms, Vol. II., 1890-1 454
209
INDEX.
At
LOCAL LAWS.
Atlanta — Continued.
First Baptist Church, incorpo-
rated, 1849-50 76
First Presbyterian Church, incor-
poration act amended, 1858, 133
First Presbyterian Church, trus-
tees' power 1853-4 274
Forsyth street bridge, Vol. II.,
1890-1 454
Franchises, how granted, 1896 . . 110
Georgia Zuaves, exemption from
jury duty, 1874 317
Governor's guards, exemption
from jury duty, 1874, p. 317;
1884-5 637
Grades, how made permanent,
1871-2 301
Hack hire, fare regulated, 1897, 145
Improvements, defective petition
for, 1893 177 (4)
Improvement of connecting
streets, 1897 145
Incorporation of Marthasville as,
1843, p. 83; 1847 50
(See Marthasville below.)
Itinerant traders, 1859 215 (17)
Jail, used as guard house, 1861, 89
Jurisdiction over east half of L.
L., 151; 1893, 175 (11)
Knights or Jericho, act incorpo-
rating, 1853-4 206
Ladies' Memorial Association, ap-
propriation to, 1872 487
Lager beer license, 1860, p. 90;
1888 205
Law school incorporated, 1859 . . 84
License on billiard table, etc.,
1853-4 235 (31)
Lien of assessments, 1880-1, 358 (5)
Liquor license, wholesale, 1889
811 (121
Liquor license, 1859 215 (14)
Liquor, power to pass ordinances,
1860 90
Liquor, sale near poorhouse, 1869. 73
Liquor, sale of, 1898 121
Liquor sale regulated 1855-6, p.
395; 1863-4 ' 86
Liquor sale restricted, 1859 136
Liquor traffic, 1896 110
Livery stables, 1897 145
Lottery tickets, license, 1859, p.
215 (15)
Market, authority to establish,
1861 89
Markethouse, rent or purchase of,
1882-3 389
Market places, power to establish,
1894 141 (1)
Male Academy incorporated,
1851-2 323
Marshal and clerk, fees of, Vol.
II., 1890-1 453
14 — Ga. Code
Marshal and deputies, duties,
1853-4 235 (29)
Marshal and deputy, election of,
1851-2 386
Removal from office, 386
Marshal's and tax collector's of-
fice, consolidation, 1893.. 175 (6)
Marshal, duties of, 1899 126
Marshal eligible for re-election,
1884-5, 314
Marshal's office, may be abol-
ished, 1893 175 (6)
Marshal's office, 1892 135
Marshal to place purchaser in
possession, 1870 160
Marthasville incorporated, 1843,
p. 83; 1847 50
Name changed to Atlanta, 1845, 91
Masonic Hall Company incorpor-
ated, 1859 258
Mayor, election of, act of 1870
repealed, 1871-2 87
Member of police and water
board, 1884-5 385
Revisory and veto power,
1884-5 377
Salary of, 1853-4; p. 235;
(30); 1859, p. 205 (7); 1863-4, 86
Tie vote, mayor shall vote, 1900, 211
Vacancy in office of mayor,
1861 89
Veto power, 1873 118
Voters vote in any ward, 1870, 486
Mayor pro tern., 1870, p. 157;
1884-5, p. 293; 1889, p. 811
(1); 1900 209
Mayor's court, 1861 89
Councilmen presiding, 1863-4, 86
Mayor and council, election of,
1861, p. 89; 1866, p. 180; 1838, 166
Oath of 1893 181 (10)
Mechanic Fire Company No. 2,
exemptions of, 1857 287
Mortgage of State Capitol, pur-
chase of, 1875 154
New charter for, 1874 (see Act in-
corporating, above) 116
New water works, police and san-
itary powers over, 1893 175 (1)
Notice of paving, constructing
sewers, etc., 1893 177 (3)
Nuisances, abatement of, 1873.. 118
Office and street taxes, 1865-6.. 268
Offices, cannot hold two, 1895, 123 (2)
See as to certain U S. offices,
1895, ' 123 (2)
Officers and employees, 1900.... 209
Sec. 61, City Code of 1899, re-
pealed, 1900 209
Compensation of, 1882-3 389
Elected by the people, 1893, 175 (6)
Oglethorpe College, donation to,
1870 157
At
INDEX.
210
LOCAL LAWS.
Atlanta — Continued.
Old water works, police control,
1894 14H3)
Ordinances, power to pass, 1861,
p. 89: 1870 157
Ordinances, revision, mayor's con-
trol over, 1873 118
Parks, condemnation of land for,
Vol. II., 1890-1 448
Pavements and sidewalks,
1859 215 (13)
Piedmont Park, extension over,
1887 503
Purchase of, 1895 132 (7)
Plumbing licenses, 1886 239
Police commissioners, attendance
of witnesses, 1894 141(2)
Election of, 1875 p. 153; 1880-1
' 358 (21)
False swearing before, 1894. 141 (2)
Mayor member of board, 1900 . . 209
Number increased, 1895 123 (5)
Salary of, 1896 110
Policemen, uniforms and arms,
1870, p. 485; 1892, p. 135;
Vol. II., 1890-1 448
Ponce de Leon Springs, police
power over, 1877 140
Private stables, 1899 127
Provisional mayor pro tern., 1886 239
Public school system established,
1870 481
Public schools, 1897 145
Quorum of council, 1899 127
Railroad Park, 1859 128
Railroads, bridges across streets,
1889 811 (16)
Street assessments on, 1896. . . . 239
Reading of ordinances twice,
1889 1000
Recorder and Auditor, election
and duties, 1871-2 65
Salary, 1887....... 602
Recorder's court, councilman may
hold, Vol. II., 1890-1 454
Jurisdiction in, 1893 173
Registrar for city, 1893 172
Registration of bonds, 1889.. 811(131
Authority to issue, 1889 811 (14)
Transfer of bonds, 1889 811 (14)
Registration of business, 1865-6.. 268
License for carrying on 268
Registration of voters, 1876 154
Registration or business tax,
1889 811 (11)
Removal from office, 1893 175(6)
Removal from wards, 1888 233
Creates vacancy, 1888 233
Repaving, 1897 145
Revenue of city, how paid,1878-9 255
Revisory and veto power of
mayor, 1884-5 377
Salaries of officers, 1894, p.
141(6); 1897 145
Act of 1897, section 13, repealed
1897 153
How fixed, Vol. II., 1890-1 454
Not to be changed, Vol. II.,
1890-1 454
Sale, by Governor, of Spring
street property for street
purposes, 1878-9 301
Sale of personal property, place
of, 1870 485
Sanitary dumping ground incor-
porated, 1893 173
Sanitary purposes, appropriations
for, 1880-1 358 (19)
Assessments, collection, lien,
etc., 1880-1 358 (19)
Sanitation, inspection, etc., 1886. 239
Savings Bank of Georgia, act in-
corporating, 1873 73
Secretary Board of Sjbate Com-
missioners, salary of, 1882-3. 389
Sewers and drains, power to lay
down, 1880-1 358 (8, 9)
Construction of, 1889 956 (6)
Real estate on corner lots,
1889 956 (4)
Sewers, assessments, 1897, p. 145;
1889 957
Collection of, 1898, p. 121;
1889 957 (1)
Liens for, 1889 956 (5)
Sewer connections, 1889 957 (2)
Sewers through private lands,
1889 957 (3)
Sexton, salary of, 1896 110
Sinking fund, 1884-5, p. 313; 1887 484
Temporary use of, 1887 484
Stock in Georgia Western Rail-
road, 1872 279
Streets and alleys, power over,
1859, p. 215 (11); damages,
appeals, etc , 215
Grading and draining, 1859. 215 (12)
Grading, paving, etc., 1886, p.
243; 1888 205
Permanent grade, 1871-2 301
Working tax, etc., 1861 89
Street improvements, 1897 145
Remedy aginst railroads, 1884-5 416
Street paving, 1892 135
Street railroad's part, 1892 135
Street railroads to pay part of
the expenses, 1897 1*3
Street paving, street railroads,
etc., Vol. II., 1890-1 457
Paving, draining, macadamiz-
ing, etc., 1880-1. 358
Cost tax for property owners,
1880-1 358 (2, 3)
211
INDEX.
At
LOCAL LAWS.
Atlanta — Continued.
Subscription to railroads, 1860 . . 90
Superintendents of streets and
sewers, 1880-1 358 (13)
Tax, authority to impose, I860.. 90
Authority to levy, 1851-2 387
Collection by installments, 1893
175 <15)
Commutation tax, 1896 110
Discount on, 1896 110
Interest on. 1893 175 (13)
Interest on unpaid tax, 1896 , . 110
Semi-annual collection, 1893 . . 173
Tax, when due, 1896 110
Tax assessors, appointment,
1849-50 96
Tax books, time for opening and
closing fixed, 1878-9 254
Tax collector, administration of,
oaths by, 1872 137
Books of, close of, 1893 175 (13)
Tax deeds, force of, 1898 121
Tax executions, when issued,
1899 f27
Sale under, 1872 137
Tax for floating debt, 1875 153
Tax list, 1849-50 96
Tax on commission merchants,
• auctioneers, etc., 1863-4 .... 86
Tax on registered business,
1865-6 268
Tax or scrip issued, money must
be in city treasury, 1878-9.. 255
Tax sales, redemption, 1886 239
Tax receiver and assessor, 1896.. 110
Additional assistance, 1887 .... 538
Distinction abolished, Vol. II.,
1890-1 446
Salaries of, Vol. II., 1890-1 446
Tax receiver and collector, 1861,
p. 89; 1889 811 (10)
Salary of, 1887 6D2
Theatrical companies, etc., power
as to, 1863-4 . 86
Tie vote of aldermanic board,
1900 209
Transfer of assessment fi. fas.,
1886 239
Transfer of bills, executions for
paving streets, etc., Vol. II.,
1890-1 448
Extensions for sidewalks, etc.,
Vol. II., 1S90-1 454
Treasurer, deposit of money, 1893
175 (7)
Treasurer's bond, 1893 ITS (6>
Surety's liability, 1S93 173
Two offices, holding prohibited,
1900 209
United States, purchase of lot for,
1875 153
Vacancies in office. 1893 175(6)
How filled, 1898 121
Vaccination compelled, 1882-3 389
Voting places, 1802 135
Wards, city laid off into, 1870 160
Sixth ward created, 1882-3 350
Councilmen from same, 1882-83 350
Water bonds, 1889 811 (T)
Water commissioners, board of
created, 1878-9, p. 252; 1896.. 110
Terms of office, 1878-79 252
Vacancies in board, 1871-72 88
Water rents, 1878-79 252
Water revenue, how invested, 1877 140
Water supply, enlargement of,
1884-5 364
Waterworks act 1870 amended,
1871-72 88
Expenses of laying pipes, execu-
tions, etc., 1877 140
Extension of limits for police
and sanitary purposes, 1878-79 252
Waterworks bonds, Vol. II., 1890-
91, p. 448: 1892 137
Further issue prohibited, 1877. . 140
West End. election ordered for,
1S89 ..811 (7)
Taxes, 1889 811 (7)
Atlanta Accident Association.
Act incorporating, Vol. I., 1890-91 483
Atlanta Acid and Ferttilizer Com-
pany.
Act incorporating, 1869 110
Atlanta Agricultural Implement
Manufacturing Company.
Act incorporating, 1869 103
Atlanta, Americus & Florida Rail-
way Company.
Act incorporating, Vol. I., 1890-91 364
Atlanta and Alabama Coal and Iron
Railroad Company.
Act incorporating, 1889 307
Atlanta and Alabama Railroad Com-
pany.
Act incorporating, 1880-1, p. 234;
1886 191
Construction to begin in five
years. Vol. I., 1890-91 353
Liability for debts, Vol. I., 1890-91 353
Atlanta and Amicolola Railroad.
Norcrcss and Dahlonega Railroad
Company's name changed to,
1874 301
Atlanta and Asheville Railroad Com-
pany.
Act incorporating, 1886 174
Atlanta and Birmingham Railroad
Company.
Act incorporating, Vol. I., 1890-1. 286
At
INDEX.
212
LOCAL LAWS.
Atlanta and Blue Ridge Railroad
Company.
Act incorporating, 1870 2'9"?
Reorganization of company, 1871-2 183
Atlanta and Edgewood Street Rail-
road Company.
Act incorporating, 1886 162
Capital stock increased, Vol. I.,
1890-91 340
Lease or sale, Vol. L, 1890-91 340
Atlanta and Florida Railroad Com-
pany.
Atlanta and Hawkinsville Rail-
road Company's name chang-
ed to, 1887 238
Capital stock, increase of, 18S7.. 238
Extention of lines. 1887 238
Atlanta and Great Western Railroad
and Navigation Company.
Incorporation act re-enacted, 1896 96
Atlanta and Hawkinsville Railroad
Company.
Act incorporating, 1886 102
Name changed to Atlanta and
Florida Railroad Company, 1887 238
Atlanta and LaGrange Railroad
Company.
Act incorporating, 1847 178
Act 1847 continued in force, 1866 121
Charter, 1847 178
Extension to- Alabama line, 1849-50 238
List of stockholders, 1851-52 122
Name changed to Atlanta and
West Point Railroad Com-
pany, 1857 66
Atlanta and Lithonia Railroad Com-
pany.
Act incorporating, 1889 260
Atlanta and Lookout Railroad Com-
pany.
Act incorporating, 1870 274
Act 1870 amended, 1871-72 .. 180
Corporators, certain names strick-
en, 1874 293
Atlanta and Manchester Railroad
Company.
Act incorporating, Vol. I., 1890-91 429
Atlanta and New Orleans Seaboard
Line Company.
Incorporation of, 1834 135
Atlanta and Roswell Railroad Com-
pany.
Act incorporating, 1862-63 219
Bonds, authority to issue, 1870.. 287
Directors, authority of, 1870 287
Atlanta and Savannah Railroad
Company.
Act incorporating, 1870 290
Atlanta and Sweetwater Plank
and Turnpike Road Company.
Act incorporating, 1851-2 172
Atlanta and West Point Railroad
Company.
Act of incorporation, 1847 178
Act of 1847. sees. 7, 8, and 9, strick-
en, 1836 93
Act of 1852, sec. 1, stricken, 1896 93
Act of 1869 repealed, 1896 93
Act of 1872 repealed, 1874 300
Alabama and Florida Railroad
Company's bonds indorsement
of, 1857 66
Atlanta and LaGrange Railroad
Company, name changed to,
1S57 66
Borrow money, power to, 1896. ... 93
Branches to Greenville or Colum-
bus, 1857 66
Capital stock, increase of, 1869.. 118
Charter amended, to conform to
Ga. R. R. & Bkg. Co. charter,
1872 336
Classification of freight, act of
1S72 repealed, 1S74 300
Extension of charter for fifty
years, 1896 93
Relieved from certain taxes, 1868 143
State aid extended to, 1869 148
Stock in Columbus and West
Point Railroad Company, 1869 152
Atlanta Artillery.
Exemptions from jury duty, 1S87 864
Atlanta Bank.
Act incorporating, 1851-52 39
Atlanta Banking Company.
Atlanta Loan and Banking Com-
pany's name changed to, 1887 375
Bonds of officers, agents, etc.,
1887 375
Directors decreased, 1887 375
Enlargement of powers and privi-
• leges, 1887 375
Insurance business, 1887 375
Lien on stock for debts, 1S87 375
Atlanta, Birmingham and Kansas
City Railroad Company.
Borrowing money, mortgages, etc.,
1887 164
Sale under, 1887 164
Atlanta Canal and Water Company.
Act incorporating, 1869 100, 107
Atlanta Canal and Waterworks Com- .
pany.
Act incorporating, 1865-6 105
Atlanta Car Manufacturing Co.
Act incorporating, 1873 164
Atlanta Chamber of Commerce.
Board of arbitration for, 1882-3.. 669
213
INDEX.
At
LOCAL LAWS.
Atlanta City & Suburban Street
Railroad Co.
Act incorporating, 1887 302
Atlanta City Brewing Co.
Act incorporating, 1876 231
Atlanta City Guards.
Act incorporating, 1853-4 575
Atlanta Constitution Publishing Co.
Act incorporating, 1877 227
Atlanta Cotton Factory Co.
Act incorporating, 1869 Ill
Atlanta Depository.
Act incorporating, 1866 71
Atlanta Dime Savings Bank.
Act incorporating, 1889 605
Atlanta Exchange and Banking Co.
Atlanta Exchange & Banking Co.
Act incorporating, 1888 64
Atlanta Female College.
Act incorporating, 1855-6 279
Atlanta Fire Insurance Company.
Act incorporating, 1874 232
Atlanta Gaslight Company.
Act incorporating, 1855-6 420
Electricity or gas, authority to
furnish, 1889 1398
Atlanta Glass Plate Insurance Com-
pany of Georgia.
Act incorporating, 1876 207
Atlanta Greys.
Act incorporating, 1859 375
Atlanta Guarantee Savings Bank.
Act incorporating, Vol. II., 1890-1, 108
Name changed to "Union Loan
and Trust Company," 1893, 148
Stock, paid up, issue of, 1892 . . 121
Atlanta, Hapeville and Manchester
Railroad Company.
Act incorporating, Vol. L, 1890-1, 356
Atlanta Home Insurance Co.
Act incorporating, 1880-1 222
Mutual Insurance Co., power to
become, 1887 450
Atlanta Hook and Ladder Company
No. 1.
Act incorporating, 1860 113
Atlanta Insurance and Banking
Company.
Accumulations and dividends,
1886 46
Atlanta Loan and Banking Com-
pany's name changed to, 1886, 46
Banking powers, limitations
stricken, 1886 46
Borrowing money, 1886 46
Directors, number, quorum, pow-
ers, etc., 1886 46
Insurance powers, 1886 46
Investments, reinsurance, etc.,
1886 46
Principal office, 1886 46
Security on loans, 1886 46
Stockholders, liability of, 1886, 46
Atlanta Insurance Company.
Act incorporating, 1857 • 202
Atlanta Investment and Banking
Company.
Act incorporating, Vol. II., 1890-1, 131
Atlanta Irish Volunteers.
Act incorporating, 1853-4 573
Atlanta Loan and Banking Company.
Act incorporating, 1884-5 181
Name changed to Atlanta Bank-
ing Company, 1887 375
Name changed to Atlanta Insur-
ance and Banking Company,
1886 46
Name changed to Atlanta Savings
Company, 1899 325
Atlanta Loan and Building Associa-
tion.
Act of incorporation ratified,
1855-6, 421
Atlanta Lodge No. 59.
Act incorporating, 1851-2 383
Atlanta Male College.
Act incorporating, 1855-6 286
Atlanta Manufacturing Company.
Corporators named, 1872 295
Chattahoochee Manufacturing
Company's name changed to,
1872 295
Atlanta Medical College.
Act incorporating, 1853-4 501
Act 1854, § 6 repealed, 1858 112
Act 1858, § 6 revived, 1869 52
Pharmacy, instruction in, author-
ized, 1874 ;... 313
Professor of practical phar-
macy, 1874 313
Power to confer degree of grad-
uate in pharmacy, 1874 .... 313
Trustees, powers, vacancies, etc.,
1858, p. 112; 1869 52
Atlanta Mining Company.
Act incorporating, 1866 Ill
Atlanta Mining and Land Com-
pany"
Act incorporating, 1866 99
Atlanta Mining and Rolling Mill
Company.
Act incorporating, 1865-6 182
Atlanta, Mississippi and Atlantic
Railway Company.
Act incorporating, 1886 112
Atlanta Mutual Insurance Company.
Act incorporating, 1888 100
Stockholders' liability, limit,
1889 712
At
INDEX.
214:
LOCAL LAWS.
Atlanta Mutual Insurance and
Stock Company.
Act incorporating, 1859 226
Atlanta Mutual Life Insurance
Society.
Act incorporating, 1868 45
Atlanta Oil, Fertilizer, Mineral Paint
and Manufacturing Company.
Act incorporating, 1873 165
Atlanta Piedmont Bank.
Act incorporating, Vol. II., 1890-1, 99
Atlanta Rifles.
Exemption from jury duty, 1887. . 876
Atlanta Rolling Mill Company.
Scofield Rolling Mill Company's
name changed to, 1877 211
Atlanta Savings Bank.
Act incornorating, 1875. p. 123;
Vol. II., 1890-1 145
Dollar Saving Bank's name
changed to, 1874 237
Atlanta Savings Bank of Georgia.
Act incorporating, 1874 254
Atlanta Savings Company.
Capital stock reduced, 1899 325
Dividends, declaration of, 1899.. 325
Savings bank business, 1899 325
Atlanta Savings, Loan and Trust
Company.
Act incorporating, 1887 393
Name changed to Providence Sav-
ings and Trust Company,
1896 99
(See Providence Savings and
Trust Company.)
Atlanta Seaboard Railroad Com-
pany.
Act incorporating, 1889 339
Atlanta Street Railroad Company.
Act incorporating, 1865-6 200
Charter, renewal of, Vol. I.,
1890-1 283
Extension of lines, 1884-5 195
Motive power, 1884-5 195
Atlanta, Southern and Western
Railroad Company.
Act incorporating, Vol. I., 1890-1, 359
Atlanta Suspended Cable Railroad
Company.
West Atlanta Street Railroad
Company's name changed to,
Vol. L, 1890-1 323
Motive power 323
Atlanta Testing and Mining Com-
pany.
Act incorporating, 1877 214
Atlanta Trust and Banking Com-
pany
Directors increased, 1889 474
Georgia Security Investment
Company's name changed to,
1888 104
Atlanta Trust and Guarantee Com-
pany.
Act incorporating, Vol. II., 1890-1, 408
Atlanta University.
Resolution as to appropriation for,
1878-9 436
Atlanta Waterworks.
Act authorizing, 1870 388
Atlanta, West End and West View
Street Railway Company.
Act incorporating, Vol. I., 1890-1, 297
Atlantic, Fort Valley and Memphis
Railroad Company.
Act incorporating, 1871-2, 176-180
Atlantic and Great Western Canal
Company.
Act incorporating, 1870 393
Amended, 1873 105
Damages for land taken, 1871-2 . . 181
Directors, election of, 1871-2.... 181
Land received for use of canal,
1871-2 181
Right to acquire property, 1882-3, 208
Water, lease of, 1882-3 208
Discharge into streams, 1882-3, 208
Atlantic and Gulf Railroad Company.
Act incorporating, 1855-6 158
Consolidation with Savannah, Al-
bany and Gulf Railroad Com-
pany, 1862-3 223
State subscription, former re-
lease before obtaining, 1857.. 67
West End terminus located, 1859, 305
Atlantic and Memphis Magnetic
Telegraph Company.
Act incorporating, 1872 37.6
Atlantic and Mexican Gulf Canal
Company.
Act incorporating, 1884-5 -. . 274
Atlantic and Mississippi Telegraph
Company.
Act incorporating, 1880-1 349
Atlantic and Northwestern Railroad
Company.
Act incorporating, Vol. I.,
1890-1 295, 455
Change of route, 1889 337
Charter confirmed, 1889 337
Consolidation with other roads,
1889 337
Directors, election, powers, etc.,
1889 337
Principal office, 1889 337
Atlantic and Tennessee Railroad
Company.
Act incorporating, 1872 324
215
INDEX.
At-Au
LOCAL LAWS.
Atlantic, Atlanta and Great West-
ern Railroad and Navigation
Company.
Act incorporating, 1887 155
Atlantic, Birmingham and Great
Western Railway Company.
Act incorporating, 1886 120
Branch road, 1887 164
Directors increased, 1887 164
Directors, special executive
board, 1887 164
Name changed to Atlantic, Bir-
mingham and Kansas City
Railroad Company, 1887 .... 164
Atlantic, Birmingham and Kansas
City Railroad Company.
Atlantic, Birmingham and Great
Western Railway Company's
name changed to, 1887 164
Atlantic, Fort Valley and Memphis
Railroad Company.
Extension to Eastman, 1872 326
Extension to Port Valley, 1872. . . 326
Line may be straightened, 1872.. 326
Attapulgus.
Act incorporating town, 1866.... 180
Auburn.
Act incorporating, 1893 183
Augusta.
[For Acts of the Legislature
prior to 1800, see the City
Code of Augusta, 1889, com-
piled by L. T. Blome, Esq. It
is, in the nature of the case,
fuller than /this Index, and a
most admirable Code.]
Act of incorporation (1798) Mar.
& C. Dig 136
Academy of fine Arts incor-
porated, 1838 . .." 15
Act 1868, § 12, repealed, 1874 178
Alderman, election, 1842 49
Assessments for street improve-
ments, 1887, p. 565; 1899 131
Athens Railroad Company, con-
veyance of lots to, 1834,
p. 218; 1835 186
Auctioneers, how appointed,
1855-6 548
Auctioneers' bond, 1849-50 95
Augusta and Hamburg bridge, ex-
emption from taxation, 1874, 203
Augusta Guards incorporated,
1851-2 258
Augusta No. "5" exempt from
jury duty, etc., 1857 286
Baptist church incorporated, 1817
(Lamar's Comp.) 838
Richmond Academy authorized
to convey lot to, Id 838
Baptist parsonage, sale of, 1876.. 262
Beaver Dam ditch opened, 1895.. 126
Condemnation of property, 1895, 126
Penalty for interfering with,
1895 126
Police authority over, 1895.... 126
Beneficial Society of, incorpora-
tion of, 1830 207
Board of health created, 1877,
p. 142: 1878-9 314
Appointment of, 1880-1 365
Terms, powers, etc., 1880-1.... 365
Boards, administrative, no pay
for members, 1898 121
Bonds, additional for canal, 1876, 176
Previous bonds validated, 1876, 176
Bonds for competing debt, 18S2-3, 340
Bonds, guardians, trustees, etc.,
authorized to invest in, 1860, 31
Bridge across Savannah river,
1840 163
Business, tax on, 1896 119
Canal, purchase of, 1853-4 252
Chief of police and lieutenants,
1875 80
Christ church, Act 1836, amended,
1866 177
Name changed to First Presby-
terian Church of the City of
Augusta, 1836, p. 68; 1870 387
Trustees incorporated, 1808 ... 44
Christian church incorporated,
1853-4 198
Churches in, authorized to rent
out land, 1818 (Lamar's
Comp.) 840
City council, qualification of
members, 1840 164
Terms of, 1882-3, p. 332; 1887.. 519
Vacancies in, how filled, 1842.. 49
City court abolished, 1876 : . . . 97
City Gaslight Company, act in-
corporating, 1859 223
City sheriff, fees of, Vol. II.,
1890-1 461
Citizens' Fire Company No. 8,
privileges conferred on,
1862-3 203
Clerk of recorder's court, Vol. II.,
1890-1 . 464
Clinch Military Company, jury ex-
emption. 1882-3 663
Clinch Rifles, privileges extended
to, 1873 183
Constables, election of, 1855-6 . . . 485
Construction of prior Act, 1803
(Clayton's Comp.) Ill
Convicts of county worked on
streets, Vol. II., 1890-1 996
Corner lots, how assessed, 1898.. 133
Corporate limits extended, 1873 . . 121
Court of common pleas, 1828,
p. 69; 1829, p. 34; 1830, p. 53;
1832, p. 115; 1834, p. 92; 1837,
Au
INDEX.
216
LOCAL LAWS.
Augusta — Continued.
p. 58; 1838, p. 64; 1841, p. 45;
1842 68
Cumming or Tenth street ex-
tended, 1897 154
Dam across Savannah river, 1898, 128
Dogs, registration and license,
1892 198
Dublin mills, incorporation of,
1874 266
Eagle and Phoenix Hotel incor-
porated, 1833 108
Election, 1859 129
Of citv council, 1822 35
Of city officers, 1865-6 269
Encroachments on streets, 1898, 131
Act to prevent, 1814 36
Engine Company No. 6, allowed
certain privileges, 1843 48
Executions for dues to, authorized,
1898 127
Extension of corporate limits,
1853-4, p. 217 (16); 1870,
p. 477; 1872. p. 139; 1882-3,
p. 258; 1882-3 323
Female asylum, conveyance to,
by Richmond Academy, 1820, 66
Pines, limits of, 1898 130
Fire comoany, act increasing,
1817 (Lamar's Comp.) 837
Fire companies encouraged, 1859, 221
First Presbyterian church; privi-
leges denned and enlarged,
1859 113
Act 1836 repealed, 1876 261
Indebtedness restricted, 1887.. 889
Flour inspectors, repeal of Code,
1874 402
Free School Society incorporated,
1821 Ill
Grades of streets. 1898 131
Guardians, etc., investment in city
bonds, 1858 165
Holding other office disqualifica-
tion, Vol. II., 1890-1 459
Houghton Institute, commission-
ers appointed, 1855-6 384
Independent Fire Company ex-
empt from jury duty, 1840. . . 164
Indenendent Volunteer Battalion
incorporated, 1860 231
Irish. Volunteers, privileges ex-
tended to, 1853-4, p. 575; 1873, 183
Jackson Street Ice Company in-
corporated 1837 138
Jurisdiction of, extended, 1818
(Lamar's Comp.) 1000
Justices' courts, jurisdiction ex-
tended, 1855-6 485
Lease of water power of canal.
1887 518
Liquor license restricted, 1820... 50
Lower market house, tearing
down, Vol. II., 1890-1 461
Market house, 1825 182
Masonic Hall incorporated, 1827. 72
Act 1827 amended 1877 145
Lottery for, 1824 13S
Mayor, authority to punish of-
fenders, 1847 25
Incumbent ineligible to re-elec-
tion, 1876 157
Ineligible to re-election. 1880-1. 369
Salary of, 1878-9 313
Term of office, 1876 157
Mayor pro tern., 1851-2 415
Mayor's court established in, 1817
(Lamar's Comp.) 993, 994
Mayor's court act amended, 1822,
p. 35; 1824, p. 139; 1826 69
Mayor and councilmen ineligible
to re-election. Vol. II., 1890-1, 459
Exempt from militia duty, 1840. 164
McBean Comnanv, name changed
to, 1859 242
Mechanics' Bank, incorporation
of, 1830 34
Mechanics' Independent Fire
Company, privileges in-
creased, 1858 173
Mechanics' Society incorporated,
1823 173
Reviver act, 1841 47
Northern boundary as State line,
1898 126
Number of members of council,
1835 30
Oglethrope Infantry, exemption
from jury duty, Vol. II.,
1890-1 1075
Passenger depot, land for, 1898.128, 131
Pavement and street obstructions,
1892 11)8
Penalty for failure to pay dues
to, 1898 126
Penalty for violating laws of,
1898 130
Permanent fund of the Children
of Israel, trustees appointed,
1853-4 274
Police commissioners, board cre-
ated, 1878-9, p. 311; 1882-3... 469
Election of members. 1880-1... 369
Ineligible to other office. Vol.
II., 1890-1 462
Mavor ex officio & member,
1880-1 369
Terms of office. 1880-1 369
Police control head of Augusta
canal. 1882-3 • 264
Police court, 1851-2 415
Police force, terms. Vol. II., 1890-1, 465
Compensation of 465
Number of force 465
Presbyterian church, powers con-
ferred, 1849-50 81
217
INDEX.
Aii
LOCAL LAWS.
A u g usta — Continued.
Protestant Episcopal Society, in-
corporated, 1816 70
Act amended, 1819 (Lamar's
Comp.) 657
Proviso of sec. 1 of act of 1822
repealed, 1823 49
Purchase of land near, by United
States, confirmed, 1843 68
Qualifications of voters, 1820, p.
50; 1851-2 415
Quorum of city council, 1835,
p. 30; 1889, p. 922; 1898 128
Recorder, election of, 1878-9 311
Fees of, 1873 121
Mayor is ex offlicio, 1876 176
Powers of, 1896 119
Power over slaves, 1859 129
Registered voters, oath of, 1877 . . 144
Oath of challenged voters, 1877, 144
Voters to be published, 1878-9 . . 313
Registration of voters, 1859, p.
129; Vol. II., 1890-1 462
Act 1859 amended, 1874 205
Reorganization of the municipal
government. 1868 117
Richmond Academy, conveyance
to Roman Catholic Society,
1811 56
Lots on Walker street, au-
thority to sell. 1816 64
Trustees' powers enlarged, 1810, 28
Richmond Hussars, exemption
from jury duty, 1874 317
Rights of McGowan et al., pre-
served. 1898 131
Roman Catholic Society, sale of
land by, 1836 85
Seal, use of, 1898 127
Former acts without seal va-
lidated. 1898 127
Second P>antist Church incorpo-
rated. 1860 79
Seminary of learning on Sand
Hills, authorized, 1815. 63
Sewers, connections, how made.
1898 133
Construction of, how provided
for, 1898 135
Sewers, how laid, 1898 133
Assessments for, 1898 133
How collected, 1898 133
Sewers and drains, 1887 565
Assessments for, 1887 565
Sidewalks, improvements of, 1896, 121
Sidewalks and pavements, 1892.. 197
Signs and awnings, 1892 197
Sinking fund, acts 1877, 1888 and
1890 repealed, Vol. II., 1890-1. 463
Sinking fund, 1878-9, p. 314; Vol.
II., 1890-1 460
Amended 1888 203
Sisters of the Order of our
Lady of Mercy incorporated,
1853-4 208
South and east common, title to,
1835 32
St. Andrew's Society incorpo-
rated, 1826 160
St. Paul's Church, sale of lot,
1851-2 355
Sale of lot to, by Protestant
Episcopal church, 1826 77
Storm water from roofs, 1892 197
Streets, grading paving, etc.,
1887 565
Assessment for, 1887 565
Opening, changing, etc., 1872.. 14
Use of by railroads, 1896 120
Streets, land taken for, 1874 204
Assessment of, 1874 204
Board of assessors, 1874 204
Damages of adjoining property,
offset of, 1874 204
Right of appeal, 1874 204
Sprinkling streets, 1899 129
Tax levy for 1875 155
Tax ordinances validated, 1876 . . 175
Tax, power to, 1835 30
Tax returns, authority to require,
1898 135
Thespian Society and Library
Company chartered, 1808 .... 44
Treasury notes, authority to issue,
1861 25
Trustees of Christ Church incor-
porated, 1808 44
(See Christ Church, above.)
Vendue masters, 1826, p. 177 ; 1827, 190
Appointment of, 1805 25
Vendue masters' act repealed,
1816 73
Washington Artillery incorpo-
rated, 1855-6 469
Water pipes, entry on land for,
1875 . . .' 155
Damages, assessment and pay-
ment 155
Water rents, lien for, 1887 568
Waterworks located beyond city,
1895 127
Wharf Company incorporated,
1819 (Lamar's Comp.) 858
Workhouse, 1857 166
Violation 166
Augusta and Bainbridge Railroad
Company.
Augusta and Louisville Railroad
Company's name changed to,
1872 327
Extension, 1872 327
Augusta and Chattanooga Railroad
and Banking Company.
Act incorporating, 1886 129
Act 1886. sec. 9 amended, 1888.. 142
Au
INDEX.
218
LOCAL LAWS.
Augusta and Dahlonega Mining
Company.
Act incorporating, 1862-3 200
Augusta and Eatonton Turnpike
and Railroad Company.
Incorporation of, 1831 187
Augusta and Hartwell Railroad
Company.
Act incorporating,. 1869 56
Augusta and Hawkinsville Railroad
Company.
Act incorporating, 1874 293
Augusta and Knoxville Railroad
Company.
Act incorporating, 1877 228
Consolidation with other roads,
1887 151
Augusta and Louisville Railroad
Company.
Act incorporating. 1869 57
Bainbridge Railroad, 1872 ... 327
Capital stock, increase of, 1873.. 194
Name changed to Augusta and
Bainbridge Railroad, 1872 . . 327
Tax exemption denied, 1873 194
Augusta and Savannah Railroad
Company.
Augusta and Waynesboro Rail-
road, name changed to,
1S55-6 185, 192
Augusta and Summerville Railroad
Company.
Act incorporating, 1865-6 202
Act 1866 amended, 1866 121
Bonds, issue authorized, 1889.... 700
Capital stock, increase of, 1889.. 700
Certain contracts confirmed, 1870, 293
Motive power, 1889 700
Taxation, 1866 121
Augusta and Waynesboro Railroad
Company.
Act incorporating, 1838 174
Central Railroad Company and
Georgia Railroad Company
authorized to subscribe for
stock, 1847 164
Commences at Central Railroad,
1839 89
Commenced at Central Railroad,
1840 153
Commissioners, quorum of, 1839, 89
Depot site in Augusta, 1849-50.. 247
Directors, election of, 1847 164
Number, power, etc., 1849-50. . 247
Qualification of, 1853-4 404
Incorporation of, 1838 174
Name changed to Augusta and Sa-
vannah Railroad, 1855-6. .185, 192
Stock subscriptions, 1847 164
Subscrintion books, opening of,
1840 153
Union of tract with Georgia rail-
road, 1849-50 247
Augusta and Western Railroad
Company.
Act incorporating, 1889 250
Augusta and West Florida Railroad
Company.
Act incorporating, 1889 213
Augusta and White Plains Railroad
Company^
Act incorporating, 1887 197
Augusta, Atlanta and Nashville Mag-
netic Telegraph Company.
Act incorporating, 1851-2 193
Augusta Banking and Loan Asso-
ciation.
Vol. II., 1890-1 120
Augusta Benevolent Society.
Incorporation of, 1845 131
Augusta Canal Company.
Act incorporating, 1845 138
Amendment to charter, 1849-50.. 85
Damages for back water, 1871-2. . 204
Water for machinery purposes,
1871-2 204
Widening canal and branch
canals, 1871-2 204
Augusta Canal and Savannah River
Steamboat Company.
Act incorporating, 1880-1 345
Augusta Co-operative Fire Insurance
Company.
Act incorporating, 1884-5 171
Augusta Exchange.
Board of arbitration, election,
1872 . 138
Augusta Female Asylum.
Incorporation of, 1819 (Lamar's
Comp.) 853
Augusta Fire Company.
Act incorporating, 1845 145
Increased, 1819 (Lamar's Comp.), 856
Name changed to Augusta Fire
Department, 1862-3 205
Augusta Fire and Marine Insurance Co.
Act incorporating, 1862-3 149
Augusta Free School Society.
Amended charter, 1837 145
Augusta Gaslight Company.
Act incorporating, 1849-50, p. 194;
1851-2 203
Capital stock, increase of, 1862-3. 79
Incorporated, 1851-2 203
Augusta, Gibson and Sandersville
Railroad Company.
Act incorporating, 1887 256
Augusta Home Industry Society.
Incorporation of, 1842 44
219
INDEX.
Au-Ba
LOCAL LAWS.
Aurora Hydraulic and Mining Com-
pany of Lumpkin County.
Act incorporating, 1877 215
Augusta Ice Company.
Incorporation of, 1832 87
Augusta Independent Fire Company.
Incorporation of, 1829 184
Augusta Insurance Company.
Act incorporating, 1876 208
Augusta Insurance and Banking
Company.
Bank bills, authority to issue,
1831 45
Charter extended, 1851-2 28
Incorporation of, 1827 41
Augusta Machine Works.
Act incorporating, 1849-50 201
Bond issue, 1851-2 211
Augusta Medical Society.
Incorporation of, 1822 50
Augusta Mining Company.
Incorporation of, 1832 88
Augusta Mutual Endowment Asso-
ciation.
Act incorporating, 1884-5 283
Augusta Mutual Insurance Co.
Act incorporating, 1865-6 114
Augusta Mutual Loan Association.
Act incorporating, 1860 135
Augusta Orphan Asylum.
Act incorporating, 1851-2 436
Donation by city council au-
thorized 436
Manner of taking children, 1859, 122
Penalty for making child leave.. 122
Penalty for leaving child without
permission 122
Unmanageable children dis-
charge of .' 122
Augusta Protestant Episcopal
Church.
Cemetery vested in, 1818 (La-
mar's Comp.) 848
Augusta Quoit Club.
Act incorporating, 1849-50 256
Augusta Railroad Company.
Act incorporating, 1853-4 464
Augusta Railway Co.
Act incorporating, 1889 707
Augusta Real Estate and Building
Association.
Contracts with, validated, 1874.. 256
Landlord and tenant, relation of,
1875 326
Augusta Savings Bank.
Act incorporating, 1855-6, p. 101;
1S78-9 195
Augusta Savings Institution.
Act incorporating, 1875 125
Liability of corporators, 1880-1.. 208
Managers, election, etc., 1880-1.. 208
Vacancies in board, 1880-1 208
Augusta Steamboat Co.
Act incorporating, 1887 468
Augusta Sugar Manufacturing Co.
Incorporation of, 1839 113
Augusta Theater Co.
Incorporation of, 1830 223
Augusta, Thomasville and Gulf Rail-
road Co.
Act incorporating, 1887 232
Augusta Unitarian Society.
Incorporation of, 1826 75
Augusta Warehouse Co.
Incorporation of, 1842 110
Auraria and Blue Ridge Turnpike Co.
Incorporation of, 1834 200
Auraria, Etowah and Camp Creek
Mining Company of Lump-
kin County, Georgia.
Act incorporating, 1868 84
Auriferous Hill Gold Mining Co.
Act incorporating, 1855-6 451
Austell.
Act incorporating town. 1884-5.. 361
New charter for, Vol. II., 1890-1. 775
Previous act superseded 775
Public school system for, 1889... 1325
School fund, 1897 533
Taxation of agricultural lands,
1887 606
Austell Banking Co.
Act incorporating, 1887 340
Austell Fire Insurance Co.
Act incorporating, 1886 98
Austell Street Railroad Co.
Act incorporating, 1886 '. . . 205
Avera.
Charter of town. 1900 207
Bahama and West India Islands.
Traffic connection with, 1872 377
Bainbridge.
Act incorporating, 1829, p. 186;
1859, p. 130; 1865-6 269
Bonds, authority to issue, 1866.. 182
Bonds for outstanding bonds,
1873 121
Commissioners election and
powers 1830, p. 202; 1851-2,
p. 417;' 1855-6 353
Corporate limits restricted, 1866. 183
Extension of corporate limits,
1840, p 100; 1855-6, p. 353;
1884-5, p. 368; Vol. II., 1890-1, 467
Extra tax, how to be levied, 1869, 172
Financial accounts to be pub-
lished, 1877 144
Incorporation of, 1829 186
Map of town, 1851-2 417
Ba
INDEX.
220
LOCAL LAWS.
Bainbridge — Continued.
Marshal, power of, 1851-2 417
Marshal and clerk, appointment
of. 1851-2 417
New charter for, 1859, p. 130;
1865-6 269
Nuisances, removal of, Vol. II.,
1890-1 470
Oak City Hook and Ladder Com-
pany, No. 1, donation of
lands to, 1870, p. 478; 1874.. 207
Members exempt from jury
duty, 1870 481
Penalties for violating ordi-
nances. Vol. II., 1890-1 467
Public school system established,
1878-9 301
Redemption of land sold for
taxes, 1877 147
Registration of voters, 1884-5... 367
Act of 1874 repealed, 1876 177
Sewerage and drainage system
established, Vol. II., 1890-1.. 468
Streets, authority over, 1851-2... 417
Opening of, Vol. II., 1890-1 469
Taxable property, assessment of,
1869 172
Taxation of agricultural lands,
1876 177
Tax from telegraph, express and
railroad companies, 1870 161
Taxes, collection of, 1851-2 417
Bainbridge Academy.
Sale, act legalizing, 1857, p. 136;
1866 173
Trustees increased, 1853-4 134
Bainbridge Banking Co.
Act incorporating, 1870 83
Bainbridge, Cuthbert and Columbus
Railroad Co.
Act incorporating, 1869 59
Bainbridge Cemetery.
Act incorporating, 1853-4 402
Bainbridge, Cuthbert and Columbus
Railroad Co.
State's indorsement of bonds in
aid of, void, 1872 5
Bainbridge, Cuthbert and Western
Railroad Co.
Act incorporating, 1889 197
Bainbridge Female Academy.
Incorporation of, 1840 3
Bainbridge, Lake Douglass and
Suburban Street Railroad.
Act incorporating, 1889 694
Bainbridge Masonic Male Institute.
Act incorporating, 1857 136
Bainbridge Volunteers.
Act incorporating, 1859 375
Bainbridge and Florida Railroad Co.
Act incorporating, 1859 318
Bainbridge and Northeastern Rail-
road Co.
Act incorporating, 1889 318
Baldwin.
Incorporation of, 1896 122
Baldwin Academy.
Sale of lots authorized, 1816 110
Baldwin County.
Addition of land to, 1807 (Clay-
ton's Comp.) 357
Baldwin Blues, exemption from
road and jury duty, 1882-3 . . 665
Black Spring Academy incorpo-
rated, 1860 79
Bonds for fire-proof offices and
courthouse 1882-3 667
Bonds for redemption, 1882-3 ... 516
Commissioners authorized to sell
fractional parts of surveys,
1805 56
Commissioners, election of, 1898, 354
Common schools established,
1823 9
Convict labor on roads, 1882-3... 520
Corinth Academy, incorporation
of, 1826, p. 31; 1837 3
County commissioners, board
created, 1888 286
Election, terms, etc., 1898 354
Courthouse, extra tax for build-
ing, 1808, p. 78; 1812, p. 80;
1814, p. 51; 1822 42
Division of, 1807 (Clayton's
Comp.) 357
Educational funds, act of 1859,
sec. 8, noted and applied to,
1859 89
Settlement with teachers 89
Extra tax for building, 1834 234
Farm products, sale regulated,
1876 320
Fees for grants of land in, 1806. . 57
Fees of officers, act 1866 re-
pealed, 1870 447
Fractional parts of surveys, sale
of, 1806, p. 64; 1810 110
Game protection, 1875, p. 299,
302; 1877 317
Governor's Horse Guards in-
corporated, 1859 394
Hancock, part of, added to, 1807
(Clayton's Comp.) 363
Jurors, fees of, 1876 354
Leoniceri Academy incorporated,
1826 17
Line between Jones and Baldwin
changed, 1855-6 128
Between Wilkinson and Bald- ••
win changed, 1855-6 128
Liquor license, 1875 330
How granted 330
Liquor sale restricted, 1875.. 327,335
Male and female academies, trus-
tees appointed, 1851-2 330
221
INDEX.
Ba
LOCAL LAWS.
Baldwin County — Continued.
Midway Male and Female Acad-
emy incorporated, 1833 22
Obstructions in Oconee river,
1884-5 500
Orders on county treasurer, how
drawn, 1875 294
Organization of, 1805 51
Part of, added to Wilkinson, 1872 387
Philadelphia Academy, incorpora-
tion ot 1836 10
Pleasant Grove Church and
Academy incorporated, I860., 79
Public school system, act estab-
lishing, 1872 490
Act 1872 repealed, 1874 380
Registration of voters, 1884-5... 609
Registration law for, Vol. II.,
1890-1 977
Act 1884 repealed 977
Road laws, 1824, p. 87; 1851-2 p.
524; 1853-4, p. 544; 1859 359
Act of 1824 repealed, 1825 159
Scottsboro Male Academy in-
corporated, 1831 5
Seed cotton, sale regulated. 1889, 1387
Sheriff's sales, place of, 1880-1... 526
Stock law for portions of, 1882-3, 643
Stock law for 105th and 115th D.
G. M., 1889 1257
Subscription to Milledgeville
Railroad Company, 1860 195
Tax collector and receiver con-
solidated, 1839 43
Tax receiver and collector, fees
of, 1874 359
Treasurer, salary of, 1872, p. 438;
1880-1 532
Washington, part of, added to,
1807 (Clayton's Comp.), p.
363; 1826 63
Baldwin Blues Loan and Building
Association.
Act incorporating, 1853-4 378
Baldwin County Academy.
Commissioners of. 1834 15
Baldwin County Building and Loan
Association.
Act incorporating, 1889 572
Baldwin Raiford Division of the
Sons of Temperance.
Act incorporating, 1851-2 361
Ball Ground.
Act incorporating town, 1882-3.. 476
Baltimore Place and Peters' Park
Street Railroad Co.
Act incorporating, 1884-5 236
Baptist Convention of the State of
Georgia.
Incorporation of, 1830 72
Amendment of charter, 1837 . .. . 152
Amendment of charter, 1838, p.
59; 1842 46
Penfield, government of, 1847... 139
Baker County.
Birds, protection of, 1876 314
Bonds for building courthouse,
1874 322
Bonds for building bridges, 1876, 265
Bryan made county seat, 1828.... 165
County commissioners abolished,
1880-1 513
County commissioners, act
amended, 1877 246
County commissioners' board
created, 1875 239
Consolidation of offices, act of
1874 repealed, 1876 314
Consolidation of various offices,
1874 379
Courthouse, removal, vote on,
1877 299
Election districts, 1832, 76; 1831 . 122
Election of commissioners, 1837, 100
Extra tax for paying off debt,
1880-1 517
Farm products, buying and sell-
ing prohibited, 1872 484
Fish, obstruction to passage of,
1876 337
Grand jurors, compensation,
1855-6 491
Jurors, compensation of, 1875 ... 94
Jurors, per diem of, 1877 97
Line between Baker and Calhoun
changed, 1857, p. 228; 1860,
p. 137; 1862-3, p. 206; 1857,
p. 227; 1877, p. 272; 1874 370
Between Baker and Early
changed, 1859 -. . 266
Between Baker and Thomas
changed, 1849-50, p. 132; 1851-
1852 .. . . 68
Between Murray and Baker
changed, 1849-50 138
Between Randolph and Baker
changed. 1841, p. 67; 1851-2 .. 72
Between Seventh and Third
districts, 1853-4 315
Organization of, 1825 61, 65
Paris Academy incorporated, 1839, 3
Part of, added to Calhoun, 1853-4, 284
Added to Miller, 1855-6 114
Added to Randolph, 1849-50, p.
130; 1851-2 64
Added to Thomas, 1851-2 64
Organized into Dougherty, 1853-
1854 296
Organized into Mitchell, 1857.. 38
Petit jury, compensation, 1853-4. 471
Poor school fund, 1833, .p. 34;
1826, p. 28; 1855-6 309
Registration law for, 1893 394
Ba
INDEX.
222
LOCAL LAWS.
Baker County — Continued.
Removal of county seat from
Bryan, 1831 67
Seed cotton, traffic in, 1877 301
Sheriff bond reduced, 1876, p. 276;
1889 1104
Tax collector's and receiver's of-
fice separated, 1853-4 567
Tax receiver, pay of, 1860 147
Treasurers; act 1825 repealed,
1859 279
Treasurer, election of, 1859 276
Bank of Albany.
Act incorporating, Vol. II., 1890-1 17
Bank of Americus.
Act incorporating, 1870 79
Directors, election, 1872 76
President, who eligible, 1872, p.
88; 1875 128
Bank of Athens.
Act incorporating, 1855-6 49
Bank of Atlanta.
Act incorporating, 1874, 230
Bank of Augusta.
Act of 1845, sec. 2, repealed,
1847 22
Capital stock reduced, 1882-3, p.
165; 1878-9 208
Charter of, 1810 9
Certificates of deposit, 1878-9 208
Directors, powers- of, 1882-3 165
Extension of charter, 1826 41
Increase of capital, 1826 41
Name "Savings," stricken out,
1872 95
Sale of property authorized, 1842 32
Stockholders' liability, 1882-3 165
Transfer of stock, 1882-3 165
Bank of Bainbridge.
Act incorporating, Vol. II.,
1890-1 12
Bank of Blakely.
Act incorporating, 1889 556
Bank of Brunswick.
Capital stock, increase of, 1837, p.
38; 1849-50 60
Capital stock not to be increased,
1842 26
Incorporation of, 1836 40
Bank of Brunswick (at Augusta).
Name changed to Union Bank,
1853-4 172
Removal to Augusta, 1842 26
Bank of Calhoun.
Act incorporating, Vol. II., 1890-1 192
Bank of Camilla.
Act incorporating, 1889 564
Bank of Chattahoochee.
Name changed to "Phoenix Bank
of Columbus," 1840 24
Bank of Cochran.
Act incorporating, Vol. II., 1890-1 239
Bank of Columbus.
Act incorporating, 1855-6 97
Certificate of shares, 1835 35
Incorporation of, 1828 26
Bank of Commerce.
Act incorporating, Vol. II., 1890-1 385
Mechanics' and Traders' Bank,
name changed to, 1855-6 . . . 102
Stock subscription, 1855-6 102
Bank of Commerce, of Summerville.
Act incorporating, Vol. IL, 1890-1 338
Bank of Cordele.
Act incorporating, 1888 85
Bank of Cuthbert.
Act incorporating, 1887 351
Bank of Dahlonega.
Act incorporating, 1889 576
Bank of Darien,
Act of 1818 amended, 1826 37
Certain funds to be invested in
the stock of said bank, 1819
(Lamar's Comp.) 102
Commissioners to settle claims,
1853-4 21
Extension of charter, 1834 44
Incorporation of, 1818 (Lamar's
Comp.) 94
Redemption of its bills, 1829 23
Repeal of act of incorporation,
1841 22
Bank of Dawson.
Act incorporating, 1872 97
Bank of Dawsonville, Georgia.
Act incorporating, 1889 583
Bank of Demorest.
Act incorporating, Vol. II., 1890-1, 277
Bank of Eatonton.
Act incorporating, 1873 93
Bank of Fort Gaines.
Act incorporating, 1889 485
Bank of Forsyth.
Guarantee and insure official
bonds, 1896 101
Monroe Banking and Guarantee
Company's name changed to,
1895 108
Bank of Fulton, at Atlanta.
Act incorporating, 1855-6 66
Real estate, right to hold, 1861.. 22
Bank of Gainesville.
Gainesville Savings Bank's name
changed to, 1874 254
Bank of Greensborough.
Act incorporating, 1855-6 79
Bank of Hamilton, Georgia.
Act incorporating, 1855-6 70
Bank of Hawkinsville.
Incorporation of, 1831 - 39
223
INDEX.
Ba
LOCAL LAWS.
Bank of Hawkinsville — Continued.
Name changed to Merchants'
Bank of Macon, 1843 11
Removal to Macon authorized,
1842 34
Bank of Helena.
Act incorporating, Vol. II., 1890-1 180
Bank of Jug Tavern.
Act incorporating, Vol. II., 1890-1 234
Bank of LaFayette, Georgia.
Act incorporating, 1889 655
Bank of LaGrange.
Act incorporating, Vol. II., 1890-1 164
May begin business on $50,000,
1853-4 172
Bank of Louisville.
Act incorporating, Vol. II., 1890-1 331
Bank of Macon.
Incorporation of, 1825 23
Receiver appointed, 1833 39
Repeal of charter, 1832 38
Bank of Madison.
Act incorporating, 1888 133
Act incorporating, 1855-6 84
Bank of Middle Georgia.
Act incorporating, 1855-6 40
Bank of Milledgeville.
Capital stock increased, 1836 ... 53
Incorporation of, 1835 36
Name declared by charter, 1840. 24
Real estate, authority to hold,
1840 25
Bank of Monroe.
Act incorporating, Vol. II., 1890-1 197
Bank of Monticello.
Act incorporating, Vol. II., 1890-1 156
Bank of Morgan.
Act incorporating, 1855-6 .... 53, 189
Bank of North Georgia, at Rome.
Act incorporating, 1884-5 175
Bank of Oglethorpe.
Act incorporating, Vol. II., 1890-1 126
Bank of Quitman.
Act incorporating, 1888 120
Bank of Randolph.
Act incorporating, Vol. II., 1890-1 254
Bank of Richland.
Act incorporating, Vol. II., 1890-1 158
Bank of Rockdale.
Act incorporating, Vol. II., 1890-1 399
Bank of Rome.
Act 1874 amended, 1877 .... 130
Act incorporating, 1874 251
Bank of Sandersville.
Act incorporating, 1887 356
Bank of Savannah.
Charter, 1849-50 51
Elections, votes in, 1855-6 103
Bank of Smithville.
Act incorporating, 1889 628
Organization and commence-
ment, Vol. II., 1890-1 289
Payments for stock, Vol. II.,
1890-1 289
Bank of Social Circle.
Act incorporating, Vol. II., 1890-1 232
Bank of Southwestern Georgia.
Act incorporating, 1870 139
Bank of Sparta.
Act incorporating, 1889 640
Act incorporating, 1855-6 51
Bank of Statesboro.
Act incorporating, Vol. II., 1890-1 348
Bank of Stewart County.
Act incorporating, 1886 63
Bank of St. Mary's.
Directors, management by, 1842 . . 34
Incorporation of, 1836 68
Removal to Columbus, 1842 .... 34
Bank of Sumter.
Act incorporating, Vol. II., 1890-1, 135
Bank of the Interior.
Act incorporating, 1870 116
Bank of the Empire State, at Rome.
Act incorporating, 1855-6 75
Bank of the State of Georgia.
Act incorporating, 1870 107
Branch bank in Rome, 1855-6 . . 104
Charter extended, 1851-2 29
Directors, number, quorum, etc.,
1851-2 29
Extension of charter, 1830 40
Incorporation of. 1815 26
Amendment of act, 1816 116
Repeal of second section of act of
1815; 1817 (Lamar's Comp.) 93
Stock owned by State in sale of,
1841 30
Bank of the University of Georgia.
Act incorporating, 1873 76
Directors to own ten shares, 1898, 289
Bank of Thomasville.
Act incorporating, 1875 219
Capital stock, increase of, 1887.. 348
Change of corporators, 1887 .... 348
Directors, number cf, 1887 348
Executor or guardian, may be,
1887 348
Interest on deposits, 1887 318
Savings department, 1887 348
Subscriptions to stock, 1887 . . 348
Term of charter, 1887 348
Bank of Thomson.
Act incorporating, Vol. II., 1890-1, 201
Bank of Tifton.
Act incorporating, Vol. II., 1890-1, S61
Bank of Trenton. |
Act incorporating, 1889 544
Ba
INDEX.
224
LOCAL LAWS.
Bank of Washington.
Merchants & Planters', Bank of
Washington's name changed
to, 1874 244
Value of shares increased, 1874, 244
Teller, appointment of, 1876 230
Bank of Waynesboro.
Act incorporating, Vol. II., 1890-1, 53
Bank of Whitfield.
Location changed to Atlanta,
1863-4 15
Bank of Vienna.
Act incorporating, 1889 476
Banks County.
Bonds of county officers, act 1873
repealed, 1875 278
Charlton Chapel incorporated,
1860, p. 172; 1872 485
County commissioners, board
created, 1873 216
Abolished, 1877 247
Jailer, fees of, 1877 283
Line between Hall and Banks
changed, 1859 269
Between Jackson and Macon
changed, 1870 25
Liquor sale, Vol. II., 1890-1 1056
Manufacture and sale restrict-
ed, 1887, p. 855; 1889, p. 1338,
1342 1379
Sale restricted, 1887 854
Obstructions of Middle River,
1866, p. 159; 1873 218
Obstruction of stream, removal,
Vol. II., 1890-1 1073
Sheriff, bond of reduced, 1871-2.. 241
Compensation for summoning
jurors, 1860 147
Baptist Female College of South-
western Georgia.
Act incorporating, 1851-2 307
Baptist Female Orphans' School.
Act incorporating, 1853-4 132
Barnard and Anderson Street Rail-
road.
Act incorporating, 1872 327
Act 1872, §12. amended, 1873.. 195
Act of 1872 amended, 1878-9 235
Location of road, 1875 218
Time for completion 218
Barnesville.
Act incorporating, 1853-4 211
Auctioneers' license, 1871-2 .... 89
Bonds for male and female acad-
emies, 1872 . 142
Burying grounds, rules for, 1871-2, 89
Chimney inspection, 1871-2 89
City court established, 1899 332
Commissioners, name changed to
mayor and aldermen, 1870.. 163
Commissioners of public works,
1899 132
Corporate limits defined, 1871-2, 89
Corporate name and powers, 1899, 132
Dispensary for, 1900 214
Elections. registration, etc.,
1871-2, p. 89; 1882-3 307
Encroachments on streets, 1887, 490
Fines, collection of, 1876 158
Fire limits, 1882-3 307
Licenses and taxes, 1887 490
License tax, 1899 132
For auctioneers, shows etc.,
1871-2 89
Licenses, when allowed, 1882-3.. 307
Lien for taxes, 1882-3. 307
Liquor sale regulated, 1889 1368
Liquor license, 1871-2 89
Male and Female High School's
name changed to Gordon In-
stitute, 1894 242
Market established, 1871-2 89
Marshal, etc., appointment of,
1871-2 89
Duty of, 1882-3 307
Mayor and aldermen, election,
1887 '. 490
Mayor's court, fines and penalties,
1882-3 '. . . 307
Ordinances, how enforced, 1899, 132
Peddler's license, 1871-2 89
Pinton Lodge incorporated, 1851-2, 382
Police powers, limits of, 1899.... 132
Powers of mayor and council in-
creased, 1882-3 307
Public schools for, 1896 297
Public school bonds, 1882-3 307
Punishment of offenders, 1871-2, 89
Sidewalks, paving, etc., 1887 .... 490
Slaughter pens regulated, 1871-2, 89
Specific taxes, 1882-3 307
Stock in railroads, 1871-2 89
Streets, lanes, etc., 1882-3 307
Authority to regulate, 1871-2.. 89
Street overseer, 1882-3 307
Tax on ten-pin alleys, etc., 1871-2, 89
Tax returns, 1871-2 89
Double tax failing to make,
1871-2 ....... 89
Trial of offenders, 1871-2 89
Vagrants, may bind over, 1876 . . 158
Barnesville Male and Female High
School.
Act incorporating, 1851-2 325
Barnesville Railroad Company.
Charter revived, 1851-2 127
Stock, how created, 1851-2 127
Barnesville and Brunswick Railroad.
Act authorizing construction,
1859 306
Barnesville and Thomaston Railroad.
Time extended for commencing,
1857 66
225
INDEX.
Ba-Be
LOCAL LAWS.
Bartow.
Act incorporating, 1887 506
Clerk of council, 1888 231
Registration of voters, 1888 231
Clerk made registrar, 1888 231
Special business tax, 1888 .... 231
Bartow County.
Birds, protection of, 1876 314
Bonds, authority to issue, 1861, 30
Compromise authorized, 1865-6, 41
For county purposes, 1865-6 . . 42
Cass county, name of, changed to,
1861 101
City court abolished, 1878-9 368
City court created, 1884-5 487
Costs due officers, payment of,
1870 438
Act 1870 repealed, 1871-2 234
County court abolished, 1875, p.
62; 1884-5 486
County commissioners, board cre-
ated, 1874 330
Criminal court organized, 1877.. 71
Domestic wines, sale of, 1884-5.. 541
Game protection, 1876 315
Gates over certain roads, 1882-3, 520
Hunting, fishing, etc., prohibited,
1876 315
Jurors, pay of 1871-2, p. 234;
1876 .' 355
Justices' courthouses, 1884-5 650
J. P., etc., 1425, D. G, M., busi-
ness legalized, Vol. II., 1890-1, 1077
Line between Bartow and Gordon
changed, 1869 173
Liquor sale,' act 1875, amended,
1876 328
Sale restricted, 1872, p. 492;
1873, p. 179; 1874, p. 217;
1875, pp. 328, 329; 1877 331
Local option, 1875, p. 338; 1884-5. 503
Militia districts, abolishing of,
Vol. II., 1890-1 911
Registration law for, 1887 742
Roads, classification of, width,
etc., 1870 458
Sheriff, fees of, for summoning
jurors, 1877 283
Treasurer, commissions of, 1873,
p. 218; 1876 ' 354
Compensation of, 1877 284
Bartow Foundry and Manufacturing
Company.
Act incorporating, 1866 81
Bartow Iron Company.
Act incorporating, 1873 168
Bonds, issue of, 1874 261
Bartow Iron Works.
Liquor, sale prohibited, 1873 169
Bascom.
Act incorporating town, 1866 .... 183
15— G a. Code
Battle Hill.
Charter, 1895 129
Clerk and treasurer, 1896 124
Corporate limits, 1896 124
Election managers, 1896 124
Liquor prohibitions, 1896 124
Marshal, clerk may act as. 1896, 124
Nuisances, 1896 124
Ordinances, penalty for violating,
1896 124
Pardon, mayor may, 1896 124
Police powers, 1896 124
Recorder, 1896 124
Streets, working of, 1896 124
Tax, power to levy, 1896 124
Baxley.
Act incorporating town, 1875 .... 157
Ad valorem tax, 1896 127
Assessment for streets, 1896 127
City court of, established, 1897.. 420
Condemnation for streets, 1896.. 127
Corporate limits, 1896 127
Free schools, election for, 1896.. 127
Legislative powers, 1896 127
Marshal, compensation and du-
ties, 1896 127
Mayor, compensation and oath' of,
1896 127
E.r officio justice of the peace,
1896 127
Mayor pro tern., 1S96 127
Mayor and council, election of,
1896 127
Organized, 1896 127
Mayor's court, 1896 127
Powers of corporation, 1896 127
Public schools, 1896 127
Sanitation, 1896 127
Streets, working of, 1896 127
Tax receiver, 1896 ; . . 127
Tax returns, 1896 127
Treasurer, election of, 1896 127
Waterworks, 1896 127
Bean Pump Manufacturing Co.
Act incorporating, 1874 257
Bear Creek.
Act incorporating town, 1872 . . . 206
(See Hampton.)
Bear Mountain Iron and Coal Co.
Act incorporating, 1874 257
Beard's Creek Baptist Church.
Incorporation of, 1842 42
Belgian American Co.
Act incorporating, 1860 7
Bell Greene Mining Co.
Act incorporating, 1874 261
Bell Mining Company of Georgia.
Act incorporating, 1857 220
Bellville.
Act incorporating, 1861 91
Be-Bi
INDEX.
226
LOCAL LAWS.
M^ - -'--S&V:- ■■■ . ■- ■• -•' '---■ ■ ■ ::^^-«^-;;^*^^S^Hf
Bellville and Altamaha Canal, Rail-
way and River Manufacturing
Co.
Incorporation of, 1839 97
Belton.
Act incorporating town, 1874, p.
155: 1878-9 266
Business taxes, 1887 547
Qualifications for office and vot-
ing, 1887 547
Tax exemptions, 1876 158
Belton, Homer, and Carnesville
Railroad Co.
Act incorporating, 1889 415
Berne Planting, Manufacturing and
Fruit Growing Co.
Act incorporating, 1869 113
Berrien County.
Butler Lodge No. 211, incorpo-
rated, 1858 122
Camp hunting by nonresidents,
1855-6 411
County commissioners, board
created, 1871-2, p. 225; 1887.. 664
Abolished, 1876 270
Fish, protection of, 1893 388
Act 1893 repealed, 1895 403
Jurors, per diem of, 1877 98
Line between Irwin and Berrien
changed, 1859, p. 269; 1877... 275
Between Berrien and Coffee det-
fined. 1858 133
Line between Berrien and Col-
quit, 1857 228
Between Berrien and Irwin
changed, 1857 228
Between Berrien and Lowndes,
1857, p. 228; 1870, p. 28;
1873 273
Liquor, license for selling, 1882-3. 612
Organized out of Lowndes, Irwin,
and Coffee, 1855-6 112
Public school system established,
1872 490
Regulation of, 1877 348
Registration law for, 1887 730
Treasurer, election of, 1859 276
Betbesda Baptist Church.
Incorporated, 1818 (Lamar's
Comp.) 843
Bethesda College.
Act for disposing of, 1808 42
Bethlehem Camp Ground.
Act incorporating, 1851-2 370
Bethlehem M. E. Church and Camp
Ground.
Incorporated, 1860 73
Bibb County.
Board of public education and
orphanage, incorporation of,
1872, p. 388; 1873 218
Act 1872 amended, 1876 314
Action of board legalized, 1873. 218
Treasurer, board elects, 1873 . . 218
Bonds for county purposes, 1869. . 183
Butchers to submit books to jury,
1882-3 666
Cemeteries, streets, etc., in pro-
hibited. Vol. II., 1890-1 999
Commissioners, election of, 1869. 180
Bonds for courthouse, jail., etc.,
1869 180
Duty of commissioners, 1869.. 180
Survey of swamp near Macon,
1869 180
Convicts used on public roads,
1874 380
County convicts, work on city
streets, 1896 323
Work on roads. 1876 271
Working of, 1895 414
County commissioners, board cre-
ated, 1873, p. 219; 1876 270
Bond of, 1876 270
County commissioners, clerk of
board, 1876 270
Appointment of clerk, 1874 . . . 333
Compensation of clerk, 1876 .... 270
Duties of clerk, 1874 333
Election, voters' qualification,
etc., 1875 i 241
Extent of power, 1874 333
Salary of, 1889, p. 1124; 1896.. 271
Treasurer's duties cast upon,
1876 313
Constables, fees of, 1870 445
County convicts, work on Macon
streets, 1896 323
County court abolished, 1884-5 . . 468
Cutting or hauling wood, prohib-
ited, when, 1853-4 334
Election, expenses of, payment,
1877 302
Act 1877 repealed, 1878-9 ' 343
Extra tax for building jail, 1868. . 162
For educational purposes, 1858. 188
For public buildings, 1855-6. . . . 544
Farm products, sale of, 1880-1 653
Fees of justices of the peace and
bailiffs, 1851-2 443
Of justices and constables, 1857. 270
Fish, protection of, 1897 580
Act of 1897 repealed, 1899 ' 465
Game and birds, protection of,
1878-9, p. 374; 1889 1185
General index to records, 1884-5,
p. 425; Vol. II., 1890-1 , 1075
Incorporation ot 1834 3
227
INDEX.
Bi-Bl
LOCAL LAWS.
Bibb County — Continued.
Index to records, 1884-5, p. 425;
Vol. II., 1890-1 1075
Indexing records in clerk's office,
1893 , 478
Jones, part of, added to, 1834... 71
Addition under act of 1835, re*
pealed, 1837 68
Part of, added to Bibb, 1849-50. 129
Judge's order, commissioners to
pay, 1874 333
Justices authorized to hold court
in courthouse, 1840 48
Lake Academy incorporated, 1826. 18
Libraries, act for support of, 1900. 156
Line between Bibb and Jones
changed, 1853-4. p. 320; 1875. 273
Between Bibb and Monroe
changed, 1877 272
Between Bibb and Twiggs
changed, 1851-2, p. 75: 1875, p.
269: 1876, p. 302; 1877 223
Liquor, fees for retailing, 1858 . . . 159
Sale of, 1889 1374, 137G
Sale restricted, 1880-1 632
Magistrates, fees of, 1870 445
Organization of, 1822 21-23
Part of, added to Jones, 1849-50. . 129
Poor asylum established, 1833 p.
34: 1834 40
Prison bounds, 1853-4 335
Registration law for, Vol. II.,
1890-1 969
Riverside Cemetery, bathing near
to, Vol. II., 1890-1 1077
Road laws. 1831, p. 208; 1841, p.
183: 1S57, p. 291; 1858, p.
182: 1859, p. 359; 1871-2, p.
221 ; 1872, p. 390; 1873 221
Work of convicts, 1884-5 570
Road warners, 1858 182
Rutland Academy, incorporation
of, 1837 3
Second Georgia Battalion, jury
exemption, 1875 99
Sheriff's clerk's duty as to county
funds, 1882-3 514
Bond of clerk, 1882-3 514
Compensation of clerk, 1882-3 . . 514
Sheriff's sale, place of, 1874 380
Slaughtering cattle, mode defined,
1877 302
Solicitor general, insolvent costs
of, 1876 356
Southern cadets, jury exemption,
1884-5, p. 639; 1887 867
Stock law for, 1884-5 593
Stock law for certain districts,
1882-3 641
Tax collectors ex officio sheriff,
1877 284
Tax receiver's bond, 1895 . . 337
Pay increased, 1884-5 434
Tax receiver and collector, com-
pensation of, 1876 355
Tax sales, right to purchase at,
1878-9 344
Treasurer's office abolished, 1876. 313
Twiggs, part of, added to, 1833,
p. 51; 1849-50 129
Vineville Academy, incorporation
of, 1836 10
Trustees increased, 1837 10
Warrior Academy, incorporation
of, 1837 3
Washington Academy incorpo-
rated, 1826 27
Watts' residence added to, 1842 . . 61
"Wiley Turnpike," authority to
purchase, 1878-9 357
Bibb County Academy.
Name changed to Macon Free
School, 1859 79
Sale or lease of lots, 1853-4 131
Bibb County Loan Association.
Act incorporating, 1855-6 431
Bibb County Orphan Asylum.
Act incorporating, 1855-6 301
Bibb Manufacturing Co.
Act incorporating, 1876 232
Big Satilla River.
Act of 1836 amended, 1840 (see
Satilla River) 166
Birmingham and Atlantic Air Line
Railroad, Banking and Navi-
gation Co.
Banking business authorized, 1887 325
Capital stock, increase of, 1887.. 325
Greenville and Dublin branches,
1887 325
Griffin, LaGrange and Western
Railroad Company's name
changed to, 1887 325
Ships, authority to own, 1887 325
Bishop.
Act incorporating town, Vol. II.,
1890-1 621
Blackshear.
Act incorporating, 1859 134
New charter for, 1870, p. 164;
1872 143
Act re-incorporating town, 1880-1. 450
Commissioners may act as J. P.,
1860 86
Corporation court, mayor may act
as clerk. 1875 81
Fees and costs of clerk, 1875.. 81
Processes, how executed, 1875 . 81
Extension of corporate limits,
1865-6 272
Jurisdiction civil and criminal,
1872 143
Jurisdiction limited, 1877 149
Bl-Bo
INDEX.
228
LOCAL LAWS.
Blackshear — Continued.
Liquor license, 1860, p. 86; 1877.. 148
Increased, 1893 476
Mayor and officers, election of,
1872 143
Fees of, 1872 143
New charter for, 1870, p. 164;
1872 143
Public school system for, 1893. . . . 415
Streets, roads, etc., power to
open, 1860 86
Duty to keep in repair 86
Vacancies in office, how filled,
1860 86
Blackshear Academy.
Act incorporating, 1860 168
Blackshear Bank.
Act incorporating, Vol. II., 1890-1. 286
Blairsville.
Act incorporating, 1835, p. 113;
1847 138
Extension of corporate limits,
1897 155
Blairsville Mining and Manufactur-
ing Company.
Act incorporating, 1865-6 183
Blakely.
Act incorporating, 1870 168
Charter, 1900 219
Condemnation for streets, etc.,
Vol. If., 1890-1 771
Corporate limits defined, 1876.... 161
Council, powers of chairman, 1876 161
Dispensary for, 1897 566
Licenses and taxes, 1887 504
Mayor, duties, powers, etc., 1887 504
Special taxes, 1887 504
Blakely Academy.
Incorporation of, 1826 4
BlanceviHe Slate Mining Company.
Act incorporating, 1862-3 203
Blue Ridge.
Act incorporating town, 1887.... 647
Ad valorem tax, Vol. II., 1890-1... 614
Charter, 1900 228
Corporate limits diminished, Vol.
IL, 1890-1 854
County site of Fannin county,
changed to, 1895 420
Public school system, 1899 438
Blue Ridge and Atlantic Railroad
Company.
Act incorporating, 18S7 285
Blue Ridge and Rabun Turnpike Co.
Act incorporating, 1855-6 194
Blue Ridge Banking, Loan and
Trust Company.
Act incorporating, 1887 424
Blue Ridge, Duncan's Ridge, and
Brass Town Mountain.
Public road across, 1873 294
Blue Ridge Mining Company.
Act incorporating, 1853-4, p. 360;
1876 234
Blue Ridge Railroad Company.
Act incorporating, 1851-2, p. 158;
1387 246
Blue Ridge Railroad and Canal
Company of Georgia.
Incorporation of, 1837 193
Bluffton.
Act incorporating town, 1887.... 580
Liquor sale prohibited, 1876 177
Board of Agriculture and Rural
Economy for the State of
Georgia.
Incorporation of, 1837 22
Board of Health.
Chairman of Committee on Sani-
tary affairs, ex officio, Vol. II.,
1890-1 4^6
Bolton.
Act incorporating, 1893 187
Boston.
Act incorporating, 1870 169
Act of 1870 amended, 1893 190
Ad valorem tax, 1893 190 (6)
'Capitation tax, 1871-2 91
Clerk and Treasurer, 1893 190(5)
Bond and compensation, 1893.. 190
Election, Qualification of voters,
etc., 1895 139
Elections, when and how held,
1899 134
Fine and imnrisonment, extent of,
1877 150
Illegal voters. 1899 134
License for liquor, billiard, and
pool tables, 1896 134
Mavor and aldermen, election,
1893 190
Mayor and council, 1893 190(1)
Mayor, duties and powers, 1893
190 (3,4)
Police, 1893 190 (9)
Police court, 1871.-2 91
Public school system established,
Vol. II., 1890-1, p. 1024: 1893,
p. 190; 1900 236
Punishment of offenders, 1893. 190 (7)
Qualified voters, 1899 134
Registration of voters. 1899 134
List of registered voters, 1899 134
Street work in lieu of fines, 1877 150
Tax, special and general, 1896.. 134
Boston and Albany Railroad Com-
pany.
Act incorporating, Vol. I., 1890-1 441
229
INDEX.
Bo-Br
LOCAL LAWS.
Boston and Greenfield Railroad
Company.
Act incorporating, 1870 29S
Botanico-Medical Board of Phy-
sicians.
Act establishing 1S47 234
Botanico-Medical Board of Georgia.
Meetings changed, "J 853-4 502
Bottsfo^d.
Act incorporating town, 1859.... 196
Bowden.
Act incorporating, 1859 136
Extension of corporate limits,
1880-1 435
License of bankers and com-
mission merchants, 1876 159
Mayor, election of, 1876 159
New charter for, 1869 73
Public schools, 1895 140
Bowden Collegiate Institute.
Act incorporating, 1857 137
Loan of arms, swords, etc., 1857. . 279
Bov/ersville.
Act incorporating town, 1882-3.. 316
Mayor and aldermen, election,
powers, etc., Vol. II., 1890-1.. 793
Tax, how levied and collected.
1896 T33
Bowman.
Bonds for public schools, 1895. . . . 140
Brastweil.
Charter. 1895 142
Bremen
Act incorporating, 1882-3 320
Corporate limits changed, 1892... 175
New charter for, 1898 136
Act 1883, repealed 1898 136
Brewton.
Act incorporating, 1889 782
Bruton's name changed to, 1895. . 144
Center of town changed, 1895 .... 144
Bridge across Big Buffalo.
Extra tax to build bridge across
Big Buffalo, 1859 374
Bristol.
Incorporation of, 1838 132
Broad River.
Amendment of act of 1809 for
keeping open, 1816 47
Commissioners appointed, 1832 . . 167
Commissioners increased, 1833.. 300
Company for improvement of nav-
igation, 1815 '. 99
Fish obstruction act amended,
1825 149
Keeping open, act for, 1808 38
Act amended, 1822 64
Navigation company, incorpora-
tion of, 1815 99
Obstructions prohibited, 1842.... 144
Obstructions to fish, 1834 190
Open channel defined, 1824 '62
Opening of. bv lottery scheme,
1800 5
Opening of Middle river, 1819
(Lamar's Comp.) 527
Broad River Navigation Company.
Charter of, 1810 106
Amended, 1811 122
Broad River Railroad Company,
Act incorporating, 1880-1 261
Brooks County.
Bond to pay outstanding indebt-
edness, 1872 390
Commissioners, election and
powers of, 1898 355
County commissioners, board
created, 1880-1 518
Pay of. Vol. II., 1890-1 924
County judge, salary of, 1876 356
Educational fund, .1861 106
Farm products, buying and sell-
ing prohibited, 1872 484
Fees of clerk of superior court
and sheriff, 1878-9 332
Line between Lowndes and
Brooks changed, 1859, p. 298;
1870 28
Liquor license, 1876 313
Registration, law for, 1887 762
Bronwood.
Act incorporating town, 1882-3 . . . 423
Corporate limits changed, 1894.. 145
Brothersviile Academy.
Act incorporating, 1851-2 361
Brooks Alliance Banking Company.
Act incorporating, 1889 541
Brooks County Manufacturing As-
sociation.
Act incorporating, 1877. . .f 197
Brooksville.
Act incorporating, 1870 172
Brunswick.
Act incorporating, 1813, p. 42;
1851-2, p. 427; 1855-6 3S5
Act of incorporation, sections 5
and 9 revived, 1865-6 272
Act of 1813, amended 1814 59
Act 1856, sections 7 and 14
amended. 1865-6 272
Act 1889, sections 31-33 repealed,
1900 240
New charter for 1872, p. 151;
1889 ' 1010
Acts of 1872 and 1876 amended,
1889 1 010
Previous acts consolidated, 1872 151
Advertisements, where published,
1841 57
Appropriations, 1900 242
Br
INDEX.
230
LOCAL LAWS.
Brunswick — Continued.
Assessors, authority of, 1898.... 144
Bay street reduced in width, 1832 206
Board of Health, 1892 213
Bonds, condemnation of, 1892..,.. 213
Bond issue authorized, 1876 159
Clerk and Treasurer, terms of.
1892 213
Commissioners to ascertain boun-
daries, 1826 175
Corporate limits. 1897 156
Corporate name declared, 1837... 259
Disqualified voters, list of, 1900.. 242
Elections, how held, 1900 242
Superintendent's certificate,
1900 242
Election of mayor and aldermen,
1897 156
Extension of corporate limits,
1837 259
Pines, etc., how collected, 1866. . . 184
Health officers, 1892 213
Health officer and his duties, 1837 259
Incorporation act of 1836 re-
pealed, 1847 32
Incorporation act of 1837 re-
pealed, 1842 98
Lease of town property, 1866.... 184
Liquor license, 1876 159
Local option act, 1876 178
Lottery for certain public build-
ings, 1825 180
Mayor and aldermen vacancies,
1892 213
Who eligible, 1892 213
Mayor and council, powers of,
" 1898 144
Mayor's salary, 1839 128
Mayor, term of office, 1892 213
Offices, cannot hold two, 1898 144
Oysters, act to encourage busi-
ness, 1873 156
Pilot's election and license, 1S37 259
Police court, solicitor abolished,
1892 213
Policemen, election, terms, etc.,
1900 240
Public schools, support of, 1900.. 242
Public school tax, 1889 1084
Public square, 1833 339
Punishment in the alternative,
1S76 159
Qu^en square, 1897 156
Quorum of council, 1837 259
Recorder's office abolished, 1892.. 213
Registered voters, 1900 242
Illegal registration, 1900 242
Penalty therefor, 1900 242
Registration of business^ 1876 159
Regulation of, 1813 42
Road work, 1898 .« 144
Commutation tax, 1898 144
Street and road work, 1865-6 272
Streets, squares, etc., 1837 259
Tax, assessment of, 1839 128
Power to impose, 1866 184
Sales for, 1898 144
Unreturned property, 1897 156
Tax assessor, oath and duties,
1898 144
Tax defaulters, list of, 1900 242
Tax rate, 1876 159
Tax returns, 1898 144
On property transferred, 1898.. 144
Town common, receipts from, how
applied. 1900 242
Sale of. 1835 54
Sale to M. & B. R. R. Co., 1869. 156
Brunswick Academy.
' Building, erection of, 1838 8
Incorporation of, 1838 8
Brunsfwick and Albany Railroad
Company.
Act incorporating, 1861 112
Repealed 1865-6 204
Brunswick and Florida Railroad
Company, name changed to,
1861 112
Crossing over Flint river, 1870.. 300
Rights of Macon and Brunswick
Railroad Company conferred
on, 1865-6 204
State aid extended to, 1869 141)
State indorsement of bonds, void,
1872 7
Tax relief from, 1876 253
Brunswick and Altamaha Canal
Company at Brunswick.
Act incorporating, 1855-6 189
Brunswick and Altamaha Canal
Company.
Act incorporating, 1865-6, p. 107;
Vol. I., 1890-1 473
Brunswick and Altamaha Canal and
Railroad Company.
Directors increased, 1837 203
Brunswick and Atlanta Railroad
Company.
Act incorporating, 1887 140
Brunswick and Augusta Railroad
Company.
Act incorporating, 1870 299
Brunswick and Flint River Railroad
Company.
Act incorporating. 1880-1 301
Brunswick and Florida Railroad
Company.
Act of southern stockholders rat-
ified, 1861 112
Aid, act passed to, 1835 216
Branch roads, authority to con-
struct, 1838 197
Commissioners for stock, 1851-2.. 128
231
INDEX.
Br
LOCAL LAWS.
Brunswick and Florida Railroad
Co. — Continued.
Consolidation with other roads,
1853-4 404
Directors, election of, 1838 197
Incorporation of. 1835 187
Name changed to Brunswick and
Albany Railroad Company,
1861 112
New charter for, 1869 J>8
Organization of company, 1851-2. 128
Right to build through Brunswick,
1837 259
Road between Florida and Savan-
nah, instead of Brunswick,
authorized, 1847 184
Stockholders, votes of, 1851-2 128
Timf* for completion extended.
1855-6 186
Brunswick and Great Northern
Railway Company.
Act incorporating, 1874 296
Brunswick and Northern Railway
Company.
Act incorporating, Vol. I., 1890-1 320
Brunswick and St. Simon's Railway
Company.
Act incorporating, Vol. I., 1890-1 267
Brunswick and St. Simon's Tele-
graph Company.
Act incorporating, 1878-9 244
Brunswick, Athens and Northeas-
tern Railroad Company.
Act incorporating, 1889 331
Brunswick Bank and Trust Com-
pany.
Act incorporating, 1870, p. 81;
1876 211
Brunswick Banking Company.
Act incorporating, 1873 80
Erunswick Canal and Railroad
Company.
Act incorporating, 1834 213
Assessment on stockholders,
1S51-2 129
Charter revived, 1851-2 129
Brunswick Canal Company.
Act incorporating, 1S26 53
Incorporation act revived, 1830... 44
Brunsv/ick Court.
Opening of. 1834 211
Brunswick Fire and Engine Com-
pany.
Act incorporating, 1857 200
Brunswick Gaslight Company.
Act incorporating, 1868 70
Brunswick Improvement Company.
Act incorporating, 1853-4 400
Venue, act 1854, in part, repealed,
1855-6 425
Brunswick Insurance and Trust
Company.
Incorporation of, 1S38 136
Brunswick, LaGrange and North-
western Railroad Company.
Act incorporating, Vol. I., 1890-1 391
Act of 1S91 amended, 1893 139
Brunswick Loan and Savings Bank.
Act incorporating, 1873 85
Brunswick Lumber Company.
Incorporation of, 1837 167
Brunswick Savings and Trust Com-
pany.
Act incorporating, 1889 489
Brunswick State Bank.
Act incorporating, 1889 522
Brunswick Street Railroad Com-,
pany.
Act incorporating, 1868, p. 100;
1882-3 218
Extension of lines, 1887 184
Ferries, purchase of, etc., 1887.. 184
Bruton.
Name chagned to Bretwon, 1895. 144
Bryan County.
Academy established in, 1822 11
Academy act amended, 1823.... 23
Camp hunting by nonresidents,
1855-6 411
Commissioners of public roads.
1855-6 509
Common schools established,
1842 52
County commissioners. board
created, 1.873, p. 233; 1889.. 1122
Abolished, Vol. II., 1890-1 928
Courty court abolished, 1882-3", p.
525: 1892 224
County site to be laid out, 1853-4 335
Domestic wines, manufacture and
sale prohibited, 1899 46"5
Election districts established,
1824, p. 66; 1833 91
Free negroes, importation of, for-
bidden, I860 154
Free school system established,
1S43 39
Game protection, 1873, p. 235;
1874 389
Act 1873 amended, 1877 309
Hardwick mounted Riflemen, ex-
empt from jury duty, 1877... 323
Hunting, fishing, and taking oys-
ters prohibited, 1877 303
Line between Bulloch and Bryan
made plain, 1842 65
Liquor license, 1880-1, p. 618;
1882-3 562
Meeting house near Hardwick in-
corporated, 1831 60
Br-Bu
INDEX.
232
LOCAL LAWS.
Bryan County — Continued.
Obstruction of river, etc., for bus-
ness, 1808 75
Ossabaw Island added to Chat-
ham, 1847 66
Patrol laws and police system,
I860 206
Poor school fund, 1831, p. 15; 1833 229
Public offices, where kept, 1873.. 222
Public roads of, 1803 (Clayton's
Comp.) 152
Amended, 1804 (Clayton's
Comp.) 215
Public roads and bridges, 1805.. 35
Public road system for, 1884-5.. 573
Registration law for, 1889 llT<'
Road act of 1806, repealed 1815. . 57
Road laws, 1806, p. 81; 1811, p.
20: 1812, p. 8; 1841, p. 185;
1842, p. 158; 1843, p. 167;
1871-2 242
Local laws repealed, 1880-1 639
Road law for, 1895 415
Repealed, 1897 582
Road system for, 1893 467
School fund, investment of, 1872 392
Sheriff, bond of, 1851-2 440
Site of public buildings removed,
1814 5 46
Surveyor to run line between'
Liberty and Bryan, 1855-6 484
Bryers Manufacturing Company at
Gainesville, Ga.
Act incorporating town, 1873 . . . 171
Buchanan.
Act incorporating town, 1857 .... 177
Board of education, 1897 159
New charter for, 1880-1, p. 464;
1889 935
Act 1857 superseded, 1880-1 464
Buckeye Mining and Manuufactur-
ing Company.
Act incorporating, 1868 85
Bucks Manufacturing Company.
Act incorporating, 1865-6 133
Buena Vista.
Act incorporating, 1849-50 102
New charter for, 1888. p. 206;
1889 822
Commissioners, powers of, 1858.. 133
Commissioners, act as justice of
the peace, 1853-4 213
Election of, 1853-4 213
Countv seat fixed at. 1849-50 102
Dispensary act, 1900 248
Encampments prohibited. 1853-4. 213
Extension of corporate limits,
1853-4. p. 213; 1858, p. 133;
1889 822
License shows and peddlers,
1853-4 213
Liquor, sale prohibited, 1900.... 248
Marshal, duties of, etc., 1853-4.. 213
Mayor and council, election, etc.,
1889 822
New charter for, 1888 206
Act 1850 repealed, 1888 206
Act 1888 ratified. 1889 822
Nuisances, how abated, 1853-4... 213
Patrols apppointed, 1853 213
Poll tax, 1853-4 213
Public school system estab-
lished, Vol. II., 1890-1 1040
Road duty, exemption, 1853-4.... 213
Special taxes, 1889 822
Streets and grounds, 1853-4 .... 213
Commutation tax 213
Taxation, farm lands exempt
from, 18S9 S22
Tax receiver and collector, 1853-4 213
Tax returns, 1 853-4 213
Defaulters, how proceeded
against . , 213
Treasurer, duties, bond, etc.,
1853-4 213
Waterworks system. Vol. IX,
1890-1 859
Buena Vista and Ellaville Railroad
Company.
Act incorporating, 1887 268
Rights granted Miller and others
confirmed, 1886 140
Euena Vista Loan and Savings
Bank.
Act incorporating, 1887 337
Act of 1887 amended, 1893, p.
148; 1895 148
Associate attorneys, 1893 148
Directors, vacancies, 1893 148
Vice president, 1893 148
Buena Vista Manufacturing Com-
pany.
Act incorporating, 1866 82
Buena Vista Railroad Company.
Act incorporating, 1880-1 232
Buford.
Act incorporating town, 1872 .... 149
Commissioners, election, etc., 1874 178
Powers and privileges, 1874. . . . 178
Term of office, 1874 178
Liquor, manufacture or sale for-
bidden. Vol. II., 1890-1 878
Sale of. 1884-5 402
New charter for, 1896 135
Taxation, power of, 1874 178
Bulloch County.
Academy and poor school funds'
consolidated, 1840 56
Advertisements, where published,
1840 52
Building of courthouse and jail,
1803 (Clayton's Com.) 143
233
INDEX.
Bu
LOCAL LAWS.
Bulloch County — Continued.
County commissioners, board cre-
ated 1872 392
Act 1872, sec. 6, amended, 1873 225
Countv commissioners abolished,
1878-9 338
Code, section 611, amended and
applied to, 1874 382
Common schools, poor fund, 1842 51
County site made permanent, 1866 197
Courthouse and jail, building of,
1800 20
Election districts, 1830, p. 93; 1831 125
Extra tax for courthouse and
bridges, 1865-6 42
Hunting and fishing. 1889 1179
Jury certificates, receivable for
taxes, 1872 397
Line between Bryan made nlain,
1842 65
Between Emanuel made per-
manent, 1813 32
Made plain, 1815 39
Liquor, penalty for illegal sale,
1S97 .. . 557
Obstruction of Canoochee River
prohibited, 1872 484
Ordinary, compensation of, 1897.. 382
Peddling regulated, 1893 479
Poor school fund, 1835 169
Public school system established,
1872 490
Registration law for, 1889 1200
Bulloch County Academy,
incorporation of, 1822 10
Bullochville.
Act incorporating, 1893 192
Burke County,
Academy of Waynesboro author-
ized to sell certain lands, 1812 41
Alexander Village and Academy
Company incorporated, 1842 105
Baptist Church at Brushy Creek,
incorporation of. 1830 166
Baptist. Church at Buckhead, in-
corporation of, 1830 70
Baptist Church of Hale's Well in-
corporated, 1832 32
Bark Camp Academy, incorpora-
tion of. 1831 5
Bonds, authority to issue, 1861.. 30
Redemption of, 1873 228
To rebuild courthouse, etc., 1855-
56 482
Bonds of county officers, 1875 242
Botsford Baptist Church incorpo-
rated. 1838 57
Camp hunting by nonresidents
prohibited, 1860 153
Commissioners, compensation of,
1898 266
County commissioners, act creat-
ing board, 1873 220
Administering oath to officers,
18S9 1141
Bonds approved by, 1889 1141
Time of meeting, 1875 242
Transcripts to be furnished,
1889 1141
County court abolished, 1889 1168
Courthouse, extra tax for building
of, ISIS (Lamar's Com.) .... 916
Criminal court established, 1876 58
Debt due by county receivable for
taxes, 1873 227
Dues to county receivable in
taxes; act 1873 repealed, 1877 304
Elections in, 1821 70
Regulated, 1825 105
Election districts, 1829 8'2
Election superintendent, compen-
sation, 1857 246
Extra tax for county purposes,
1882-3 518
For educational purposes, 1857 321
For new jail, 1857 322
Farm products, buying and selling
prohibited, 1872 484
Fences and stock, protection, 1872 394
Fines and forfeitures, 1858 163
Game and bird orotection, 1875,
p. 295; 1889 1173
General elections, 1827 Sf5
Hopeful Baptist Church incorpo-
rated, 1851-2 361
Hunting or fishing, Vol. II., 1890-
91 953
Insolvent costs, act 1873 repealed,
1877 303
Jail bonds, 1887 \ . 865
Jurors, comnensation of, 1875, p.
92; 1876 356
Drawing of, 1857 272
Jury certificates, receivable for
county tax, 1871-2 214
Line between Richmond and
Burke changed, 1841 69
Liquor, manufacture and sale,
1889 1352
Sale prohibited, 1880-1 630
Liquor license, 1860, p. 152; 1873,
p. 271; 1874, p. 402; 1875, p.
242, 329
Licenses granted by commis-
sioners, 1874 334
Powers of commissioners, 1874.. 334
Methodist church at "Old
Church," incorporated, 1830.. 64
Officers, oath, election, bond, etc.,
1889 1141
Pleasant Grove Academy incorpo-
rated, 1833 22
Bu-Ca
INDEX.
234
LOCAL LAWS.
Burke County — Continued.
Poor asylum established, 1828 ... 55
Poor school fund, 1827, p. 12;
1849-50 159
Protection of deer, 1853-4 336
Public roads and bridges, 1810... 114
Registration law for, 1884-5, p.
615; 1887 767
Road laws, 1824, p. 89; 1827, p.
170; 1833, p. 304; 1853-4, p.
545: 1859, p. 359; 1869, p. 179;
1874 383
Act 1869 repealed, 1870 443
Road overseers, appointment and
powers of, 1805 41
Roads and bridges, supervisors of,
1900 158
Seed cotton, sale prohibited, 1893. 480
Sheriff and clerk, extra compensa-
tion of, 1880-1 528
Social Library Company, incorpo-
ration ot 1832 96
Tax collector and treasurer con-
solidated, 1876 312
Treasurer, act abolishing, re-
pealed, 1876 312
Compensation of, 1893 31)6
Election of. 1877 285
Office abolished, 1843 34
Tax collector made ex officio,
1873 228
Burke Criminal Court.
Act establishing, 1876 58
Dockets and minutes, 1877 76
Demands for trial. 1877 T6
Forfeiture of bonds, 1877 76
Judge, eligibility of, 1877 76
Salary of, 1877 76
New trials in, 1877 76
Solicitor, fees of, 1877 76
Butler.
Act incorporating town, 1853-4, p.
232: 1872 165
Bonds for redemption, 1877 151
Execution for tax. 1882-3 291
Extension of corDorate limits,
1882-3 291
Johnson Institute, bonds for legal-
ized, 1873 123
License fees, 1876 161
Public school svstem established,
1880-1 418
Butts County.
Board of commissioners estab-
lished, 1873. n. 289: 1898 357
Abolished, 1875, n. 242: 1893 .. 372
Bonds to complete courthouse,
1872, p. 395: 1873 229
Countv commissioners, board
created. 1873, p. 289: 1876, p.
289: '1898 357
Abolished, 1875, p. 242; 1893 ... 372
County, court established, 1900 . . . 151
Act 1872 repealed, 1872 395
County tax for tuition of indigent
children, 1873 229
Criminal court established, 1875. 74
Farm products, sale regulated,
1876 312
Henry, part of, added to, 1849-50, 137
Indian Springs, reserve, 1832 207
Iron Spring Male and Female
Academy, trustees appointed,
1842 3
Jackson Academy, annual reports
of treasurer, 1836 3
Jackson Female Academy, trus-
tees appointed, 1842 3
Jackson made county site, 1826.. 177
Jurisdiction extended over river
and islands, 1829 27
Jurors, compensation of, 1875 93
Line between Henry and Butts
changed, 1853-4, p. 318; 1860,
p. 140: 1869, p. 172; 1870, p.
27; 1875 272
Between Butts and Spalding
changed, 1853-4 318
Liquor, manufacture of, prohib-
ited, 1898 385
Restrictions on sale, 1884-5, pp.
542, 640; 1888 309 (11)
Liquor license, 1875 330
How granted 330
Local option law, 1875, p. 331;
1882-3, p. 512; 1884-5 510
Act of 1875 repealed, 1877 332
Mcintosh reserve, disposition of,
1827 119
Mount Vernon Academy incorpo-
rated, 1851-2 309
Officers, compensation reduced,
1889 1133
Fees of, 1876 357
Poor school fund, 1835 173
Seed cotton, sale of, 1888 345
Shad fishing permitted, 1884-5 499
Sheriff, bond of, reduced, 1853-4. . 324
South River Academy incorpo-
rated, 1840 9
St. John's Lodge No. 45 incorpo-
rated. 1847 113
Tax levy for 1861 legalized, 1861. . 122
Teachers, ordinary to pay, 1855-6. 303
Butts County Academy.
Incorporation of, 1826 10
Byers Manufacturing Company.
Act incorporating, 1873 ■ 170
Byron.
Act incorporating town, 1874 .... 150
Cairo.
Act incoroorating, 1870 173
Corporate limits defined, 1889 ... 826
235
INDEX.
Ca
LOCAL LAWS.
Cai ro — Continued.
Councilmen, number increased,
1887 578
Elections, qualification of voters,
1889 826
Extension of corporate limits,
1893 196
Itinerant traders and ball games,
18S7 578
Liquor license, 1895 144
Liquor, sale of, 1887 578
Marshal, election of, 1889 826
Bond of, 1889 .' 826
Dismissal for neglect, 1889 .... 8"/«
Punishment of offenders, 1887 ... 578
Tax, ad valorem, 1887 578
Calhoun.
Act incorporating town, 1851-2 . . . 419
New charter for, 1895 144
Act of 1852 amended, 1855-6 336
Aid to North Georgia and North
Carolina Railroad, 1871-2 92
Chairman of council, salary of,
1872 172
Council, election of, 1853-4 217
County court abolished, 1897 521
Extension of corporate limits,
1853-4 217
Extra tax for fire engines, 1871-2. 93
Liquor, restrictions on sale of,
1900 251
Authority of city, 1900 251
Penalty for violation. 1900 251
Liquor license, 1871-2 93
Liquor tax, 1858 130
Local option act, 1884-5 546
Law amended, 1887 847
Penalty for violating, 1887 847
Marshal, salary of, 1853-4 217
Salary, oath, etc., 1871-2 93
Mountain Rangers incorporated,
1853-4 . = 579
New charter for, 1895 144
Offices divided, 1872 172
Poll tax, 1853-4 217
Public school system established,
Vol. II., 1890-1; p, 1005; 1896. 2~98
Qualification of voters, 1853-4 ... 217
Roads and streets, 1855-6 396
Secretary and treasurer, 1853-4. . . 217
Duty and compensation, 1853-4. 217
Secretary, treasurer, and mar-
shal's salary. 1855-6 396
Shows, etc., taxes on, 1853-4 217
Tax on property, 1871-2 93
Power to, 1853-4 217
Tax assessors, 1871-2 93
Calhoun Academy.
Act incorporating, 1851-2 361
Calhoun and Ellijay Turnpike Com-
pany.
Act incorporating, 1859 338
Calhoun and Fairmount Railroad
Company.
Act incorporating, 1889 295
Calhoun and Rome Railroad Com-
pany.
Act incorporating, 1859 310
Calhoun County.
Birds, protection of, 1876 315
Bonds, act 1872, repealed, 1873.. 231
Bond for bridges, 1872 396
Compensation of tax receiver,
collector, and treasurer; act
1877 repealed, 1878-9 340
Consolidation of offices, 1875 278
Act of 1875 repealed, 1878-9.. 365
Convicts, hiring out, 1876 342
County commissioners, board cre-
ated, 1873, p. 230; 1877 248
Clerk of, 1886 263
Clerk, compensation, etc., 1875. 243
County commissioners abolish-
ed, 1876 271
Number of members, 1875 .... 243
County treasurer, election of by
people, 1855-6 404
Elections, appointment of super-
visors, clerks, etc., 1874 284
Farm products, buying and sell-
ing prohibited, 1872 484
Fish, obstruction to passage of,
1876 337
Hunting and fishing, prohibition
of, 1875 295
Jurors, compensation of, 1855-6,
p. 493; 1876 357
Jurors and bailiffs, pay of, 1876. . . 357
Land attached to Early, 1859 267
Line between Baker and Calhoun,
1857. pp. 227, 228; 1860, - p.
137; 1862-3, p. 206; 1877 272
Between Clay and Calhoun
changed, 1872, p. 402; 1875,
p. 269; 1876 302, 304
Between Calhoun and Early
changed, 1876 303
Between Clay and Calhoun
changed, 1855-6, p. 125, 126,
127, 130; 1860, p. 144; 1862, p.
208; 1874, o. 375; 1876, p.
303 ; 1877 278
Act 1856, sec. 4, repealed, 1874. 375
Between Thomas and Calhoun
changed, 1870 23
Liquor, sale prohibited, 1876 187
Sale restricted, 1876, p. 200;
1882-3 589
Organized out of Baker and
Early, 1853-4 284
Poor school fund, 1855-6 309
Seed cotton, traffic in, 1876, p.
343; 1877 3D1
Sheriff, bond reduced, 1876 266
Ga
INDEX.
236
LOCAL LAWS.
Calhoun County — Continued.
Tax collector and receiver, com-
pensation of, 1877 286
Teachers, examination of, 1859 . . 106
Teachers of poor children, pay of,
1860 182
Treasurer, salary of, 1877 286
Camden County.
Act of 1837 consolidating offices
repealed, 1842 169
Bonds of officers; act 1873 re-
pealed, 1876 268
Bonds to build jail, 1876 266
Centre Village Academy incorpo-
rated, 1849-50 23
Clerk's records made valid, 1853-4, 336
Countv commissioners, board cre-
ated, 1873, p. 231; 1877 253
Act 1873 amended, 1877 250
County site, removal of, 1869, p.
181: 1870 440
Cumberland Island, game protec-
tion, 1874 385
District line between 959th and
Centre Village changed,
1851-2 448
Division lines, act to ascertain,
1803 (Clayton's Comp.) 175
Elections in, 1821 105
Regulated, 1822 45
Farmers protection act, 1877 .... 305
Perries in, 1859 361
Rate of toll, 1853-4, p. 562;
1865-6 51
Fraudulent surveys prohibited,
1855-6 494
Free negroes, importation of for-
bidden, 1860 154
Head rights prohibited, 1877 304
Head right laws reinstated, 1884-5 652
Hunting on another's land pro-
hibited, 1874 400
Jefferson Academy, incorporation
of, 1837 3
Jury certificates, receivable for
taxes, 1872 397
Land titles, act to quiet, 1897 574
Line between Camden and Charl-
ton changed, 1855-6 131
Between Wayne and Camden
changed, 1820, p. 42; 1875 276
Liquor license, 1875, p. 330;
1880-1 612
How granted, 1875 330
Manual labor school incorporated,
1832 10
Methodist Episcopal Camp
Ground incorporated, 1839 . . . 110
Official acts validated, 1875 279
Part of, added to Wayne, 1808, p.
57: 1812 28
Part of, organized into Charlton,
1853-4 290
Pilots exempt from jury duty,
1877 98
Poor school fund, 1834 170
Public buildings, act amended,
1801 (Clayton's Comp.) 11
Location of, 1800 32
Public roads and bridges, 1805... So
Registration of voters, 1875, p.
305; 3 876, p. 349; 1877 305
Acts 1877 and 1879 repealed,
1880-1 655
Act 1877 amended, 1878-9 410
Road laws, 1806, p. 81; 1811, p.
20; 1825, p. 157; 1827, p. 166;
1828, p. 137; 1829, pp. 146,
147; 1831, p. 209; 1832, p.
159; 1838, p. 214; 1841, pp.
183,186; 1853-4, p. 548; 1860,
p. 223; 1861, p. 121; 1874.... 384
Sheriff, bond of, reduced, 1853-4,
p. 324; 1857 254
Spanish Creek district abolished,
1831 123
Tax collector to collect his own
executions, 1837 74
Repealed, 1842 169
Taxes giving in; act 1854 re-
pealed, 1855-6 545
Wayne, part cf added to, 1805 54
Camden County Academy.
Act incorporating, 1851-2 322
Removal to town of Jefferson,
1819 (Lamar's Comp.) . : 25
Camilla.
Act incorporating town, 1858 .... 135
New charter for, 1887 634
Act 1859 repealed, 1870 1V6
Citv court of established, 1897 . . 430
Corporate limits, 1859 138
Defined, 1875 157
Dispensary for, 1895 157
Election, time of, 1880-1 372
Extension of corporate limits,
1876, p, 162; Vol. II., 1890-1.. 757
Fire districts, 1880-1 372
Fire ordinances, power to pass,
1880-J 372
Liquor license, 1859, p. 138; 1889 ?■
New charter for, 1887 634
Public school buildings, 1889 1315
Public square, 1875 157
Special taxes, 1875 157
Taxes for school bonds, Vol. II.,
1890-1 757
Camilla and Cuthbert Railroad
Company.
Act incorporating, 1868 102
State indorsement of bonds, 1870 300
Cammack.
Incorporation of, 1898 148
237
INDEX.
Ca
LOCAL LAWS.
Campbell County.
Advertisements, where published,
1840 49
Bloodhounds for, 1899 4B7
Penalty for injuing, 1899 4157
Bonds for building courthouse,
1871-2 215
Campbellton Academy incorpo-
rated, 1829 8
Campbellton made county seat,
1829 189
Cherokee, part of, added to, 1832. 55
Commissioners of roads and reve-
nues, salary of, 1899 466
County commissioners, board
created, 1874 335
Salarv of. 1889, p. 1134; 1899.. 466
Salary of clerk, 1889 1134
County court established, 1875 ... 43
Abolished, 1878-9 372
County site, removal of, 1870 .... 13
County treasurer, election of by
people, 1855-6 404
Courthouse and jail, extra tax
for building, 1835 282
Courthouse for justices of the
peace, 1887 870
Drainage, 1900 159
Election districts, 1831 125
Fayette, part of, added to, 1870.. 13
Game protection, 1876 315
Hunting, fishing, etc., prohibited,
1876 315
Insolvent costs; act 1873 re-
pealed. 1875 43
Jury fees, 1857 273
Line between Campbell and Fay-
ette changed, 1851-2. p. 70;
1853-4, p. 319; 1855-6, 131;
1857, p. 220; 1870 13
Between Carroll and Campbell
changed, 1869 .. 168
Between Coweta and Campbell
changed, 1841, p. 63; 1875 ...270
Liquor, manufacture prohibited,
1887 852
Restriction on sale, 1874 217
Sale prohibited, 1882-3 580
Organization of, 1828 56
Part of, added to Douglas, 1870.. 13
Added to Fulton, 1872 397
Registration law for, 1887 764
Repealed, Vol. II., 1890-1 994
Salt Springs Academy incorpo-
rated, 1855-6 296
Sweetwater Manufacturing Com-
pany, incorporated, 1849-50.. 256
Teachers, ordinary to pay, 1855-6 305
Treasurer, salary of. 1876 358
Campbellton.
Act incorporating town, 1853-4.. 220
Baptist church, incorporation of,
1836 78
Campbellton Bridge Company.
Incorporation of, 1847 121
Act of 1847 repealed, 1849-50.. 65
Canal Navigation and Land Com-
pany.
Act incorporating, 1882-3 225
Canal Steamboat Company.
Act incorporating, 1878-9 241
Cane Creek Hydraulic Hose Mining
Company.
Act incorporating, 1859 246
Canoochee River.
Obstructions of, prohibited, 1873 291
Canton.
• Act incorporating, 1838 132
Corporation act amended, 183S.. 134
Etawah, name of, changed to, 1834 263
Incorporation of, 1838 132
Liquor, sale prohibited, 1875.... 333
New charter for, 1882-3 255
Public school system for, 1893. . . . 419
Elections, 1894 243
Punishment of offenders, 1884-5.. 355
Streets, working on, 1884-5 355
Penalty for failure, 1884-5. _. . . 31)5
Tobacco inspectors, 1858 1*62
Canton Mining Company of Georgia.
Act incorporating, 1855-6 444
Assessments of stockholders, 1857 215
Owners to give in property ac-
cording to value, 1857 215
Speculation in real estate forbid-
den, 1857 215
Capital Bank of Macon, Georgia.
Act incorporating, 1872 106
Capital stock, reduction of, 1877,
p. 130; 1882-3 166
Stockholders' liability, 1882-3.:.. 166
Capital City Bank.
Capital stock, Vol. II., 1890-1, p.
303; 1900 489
Reduction and change, 1899.. 322
Capital City Land Improvement
and Banking Company's
name changed to, 1887, p.
334: 1S99 322
Consolidation of Capital City
Land and Improvement Com-
pany and Capital City Land,
Irnnrovement and Banking
Company, 1893 145
Name changed to Capital City
Trust Company, 1900 489
Capital City Land Improvement
and Banking Company.
Act incorporating, 1886 59
Banking business under name of
Capital Citv Bank, Vol. II.,
1890-1 143
Capital stock, Vol. II., 1890-1 143
Ca
INDEX.
238
LOCAL LAWS.
Capital City Land, etc., Co. — Cont'd.
Consolidated into Capital City
Bank, 1893 145
Directors, number, quorum, etc.,
Vol. II.. 1890-1 143
Liability of stockholders, Vol. II.,
1890-3 143
Name changed to Capital City
Bank, 1887, p. 334; 1899 322
Officers, compensation, Vol. II.,
1890-1 143
Capita! City Street Railroad Com-
pany.
Act inncorporating, 1884-5 238
Capital City Trust Company.
Capital City Bank changed to,
1900 489
Capital Railway Company.
Act incorporating, Vol. I., 1890-1 272
Carlton.
Act incorporating, 1892 186
Carnesville.
Act incorporating. 1808 101
Act reincorporating, 1859. p. 139;
1872 531
(See act 1819, Lamar's Comp.,
p 1053).
Annual assessments, 1887 531
Elberton Air Line Railroad, stock
and bonds to, 1874 209
Extension of limits of, 1822 133
Fines and imprisonment, 1887. . . . 531
Mavor and council, election of,
1287 531
Powers, duties, etc., 1887 531
Ordinances, power to pass, 1887. . 531
Regulation of town of, 1807
(Clayton's Comp.), p. 396;
1808 101
Streets, etc., power over, 1887. . . . 531
Street chain gang, 1887 531
Taxes', levy and collection, 1887. . 531
Carnesville Railroad Company.
Act incorporating, 1878-9 228
Carroll County.
Baptist church of Concord incor-
porated, 1834 54
Board of county commissioners
abolished, 1894 202
Bowenville Manufacturing Com-
pany, incorporated, 1849-50.. 253
Cherokee Indians' land added to,
1828 88
City court abolished, 1897 522
Clerk of commissioners may ad-
minister oath, Vol. II.. 1890-1 924
Constables, rule against, 1858 153
County commissioners, board
created, 1884-5 427
Abolished, 1894 202
Clerk's salary, 1889 1121
Salaries of. 1889 1121
County court established. 1875.. 45
Abolished, 1877 52
Courth house, extra tax for build-
ing, 1847. p. 285; 1855-6 542
Disbursement of county funds,
1899 1121
Education of the poor, 1853-4 153
Election districts, 1827, p. 99;
1831 125
Election of commissioners, etc.,
1831 84
Game protection, deer. 1851-2 .... 448
Liberty Plains Academy incor-
porated, 1838 3
Line between Carroll and Camp-
bell changed, 1869 168
Between Carroll and Douglas
changed, 1874. p. 371: 1877.. 273
Between C?rroll and Haralson
changed, 1873, p. 232: I860.. 139
Between Carroll and Heard
changed, 1855-6 129
Between Carroll and Paulding
changed, 1865-6, p. 50; 1869. 177
Liquor, manufacture for sale,
1899 1337
Manufacture prohibited, 1893.. 472
Regulation of, 1876 181
Liquor sale of, 1889, p. 1337,
1364, 1379 ,. 1384
Vol. II.. 1890-1, p. 1055 1057
Restricted. 1874, p. 223; 1880-1,
p. 591: 1882-3, p. 592; 1888.. 308
Local option, 1875 3'38
Lyceum Academy, incorporated,
1831 3
Organization of, 1S26 "37
Part of added to Campbell, 1828 56
Added to Cherokee, 1831 74
Added to Douglas, 1870 13
Added to Haralson, 1855-6 110
Added to Heard, 1830 p. 48;
1831, p. 72: 1834 .' 73
Added to Paulding, 1849-50 132
Paulding, part of, added to. 1847 68
Act repealed, 1865-6 50
Protection of deer, act 1851 re-
pealed, 1853-4 337
Tax collectors, insolvent list,
1851-2 534
Tax collector and receiver con-
solidated, 1838 243
Teachers, ordinary to pay. 1855-6 305
Treasurer elected by people,
1849-50 390
Salary of, 1884-5 429
Union Academy, incorporation of,
1837 3
Carrol! County Academy.
Incorporation of. 1829 12
Acts of 1829, 1832, and 1835 re-
vised, 1845 53
239
INDEX.
Ga
LOCAL LAWS.
Carroll County Academy — Continued.
Trustees increased, 1832 14
Carroll Manufacturing Company.
Act incorporating, 1865-6 134
Carrollton.
Act incorporating, 1855-6 390
New charter, see below.
Ad valorem tax, Vol, II., 1890-1 471
Board of school commissioners,
election, term, etc., 1889 1320
Bonds for school buildings 1895.. 161
Carrollton Chapter No. 22, incor-
porated, 1851-2 383
City court abolished, 1889 1154
Established, 1897 438
Corporate limits denned. 1875 . . 158
Denutv marshal, appointment of,
1858 135 (31)
Electric light bonds, 1892 138
Extension of corporate limits,
1853-4 224
New charter for, 1872, p. 175;
1878-9, p. 258, Vol. II., 1890-1 474
Previous acts amended and con-
solidated, 1872, p. 175: 1878-9,
p. 258, Vol. II.. 1890-1 474
Public school system established,
1886 306
Admission of indigent children,
1888 329
Of nonresident pupils, 1888 329
Public school tax, 1895, p. 162;
1900 252
Streets, power over extended,
1874 179
Damages, arbitration, etc., 1874 IV y
Tax for public schools, 1895, p.
162; 1900 '... 252
Tax assessors, duties, compensa-
tion, etc., 1888 264
Tax on property, 1895 163
Waterworks bonds, Vol. II., 1890-1,
p. 472: 1S92 140
Tax to pay, Vol. II., 1890-1 472
Carrollton Academy.
Sale of academy, 1853-4 132
Trustees, appointment of, 1835.. 4
Carrollton Bank.
Act incorporating, Vol. II., 1890-1 123
Carrollton Male Academy.
Incorporation of, 1349-50 26
Carrollton Male and Female
Academy.
Trustees appointed, 1855-6 300
Sale of academy lot, 1855-6 300
Carrollton, Marietta and Western
Railroad Company.
Act incorporating, 1887 29-1
Carrollton Mutual Fire Insurance
Company.
Act incorporating, 1889 729
Carrollton Railroad Company.
Act incorporating, 1851-2 131
Carrollton Street Railroad Com-
pany.
Act incorporating, 1889 650
Consolidation with other roads,
Vol. I... 1890-1 394
Extension authorized, Vol. I.,
1890-1 335, 394
Carrollton and Roanoke Railroad
Company.
Act incorporating, Vol. I., 1890-1 437
Cartersville.
Act incorporating town, 1853-4, p.
232: 1849-50 103
New charter, 1859 142
Act incorporating city, 1872 179
Ad valbrem tax, 1888 220
Chain gang, established, 1877 . . . 152
Work in, in lieu of fines, 1877 . . 152
City waterworks incorporated,
1873 124
Bonds authorized, 1873 124
Commissioners, powers of, 1870.. 176
Qualifications of. 1870 176
Corporate limits, 1859. p. 145:
1870 ~. 176
Council, powers, taxes imposed
by, etc., 1866 185
Election, time of, 1874 179
Extension of corporate limits,
1860, p. 107; 1874, p. 179:
1895 164
Extra tax for fire engines, etc.,
1870 176
Liquor act, 1875, repealed, 1876 . 181
Liquor, sale regulated, 1875 .... 388
Mayor knd aldermen, election,
terms, etc., 1895 164
New charter for, 1859 '. 142
Previous acts amended and con-
solidated, 1859 142
Public schools abolished, 1880-1.. 454
Public school system established,
1878-9. p. 287: 1888, 323
Punishment of offenders, 1870 . . 176
Road duty and road tax, 1870 176
School commissioners, election,
terms, etc., 1895 167
Special taxes, 1895 164
Streets, authority to open, 1870.. 1<6
Street work, 1895 164
Tax on agricultural lands, 1860, p.
107; 1874 208
Ward lines changed, 1895 164
Waterworks incorporated, 1873 . . 124
Cartersville and Gainesville Air Line
Railroad Company.
Act incorporating, 1886 176
Name changed to Cartersville,
Gainesville and Port Royal
Railroad Company, Vol. I.,
1890-1 354
Ca
INDEX.
240
LOCAL LAWS.
Cartersville and Gainesville Air Line
Railroad Company — Continued.
Name changed to Cartersville,
Gainesville, Augusta and
Charleston Railroad Com-
pany, Vol. I., 1890-1 426
Cartersville and Van Wert Railroad
Company.
Act incorporating, 1866 121
Capital stock, increase of, 1870.. 310
Consolidation of shares, 1870.... 310
Directors', power of hoard, 1870.. 310
State credit loan to, 1869 152
State indorsement of bonds, void,
1872 7
Suits against, how brought, 1878-9 223
Cartersville, Gainesville and Port
Royal Railroad Co.
Board of directors to continue,
Vol. I, 1890-1 354
Capital stock, increase of, Vol. I.,
1890-1 354
Cartersville and Gainesville Air
Line Railroad Company's
name changed to, Vol. I., 1890-
91 354
Extension of charter, Vol. I., 1890-
L, 1809-1 354
Route, Vol. I., 1890-1 354
Cartersville, Gainesville, Augusta
and Charleston Railroad Com-
pany.
Board of directors, Vol. I., 1890-1 426
Bond, Vol. I., 1890-1 426
Capital stock, increase of, Vol.
I., 1890-1 426
Cartersville and Gainesville Air
Line Railroad Company
changed to, Vol. I., 1890-1 426
Route, Vol. I., 1890-1 426
Cartersville, Marysville and Knox-
vi Me Air Line Railroad Com-
pany.
Act incorporating, 1887 174
Cartersville Masonic Male and Fe-
male High School.
Act incorporating, 1857 145
Cartersville Street Railway Com-
pany.
Act incorporating, 1889 703
Cartwright Manufacturing Com-
pany.
Act incorporating, 1851-2 201
Cass County.
Bethel church incorporated, 1838 54
Cassville made county seat, 1833 318
Christian's residence added to
Murray. 1849-50 129
Election districts, 1832 76
EuharloP' church incorporated,
1851-2 370
Forest trees regulated, 1857 253
Iron masters' exemption, 1857... 322
Jury fees, collection regulated,
1855-6 487
Jury, tax authorized, 1858 191
Kingston Presbyterian church in-
corporated, 1855-6, p. 329;
1858 124
Line between Cherokee and Cass
changed, 1855-6 130, 134
Between Cass and Floyd
changed, 1843, p. 26; 1845, p.
73: 1851-2, 65
Between Cass and Gordon
changed, 1851-2, p. 68; 1853-4,
p. 312: 1855-6 125, 131
Between Cass and Paulding
changed, 1851-2, p. 68; 1853-4 321
Between Cass and Polk
changed, 1851-2, p. 74; I860.. 143
Murray, part of a,dded to, 1834 78
Name changed to Bartow, 1861.. 100
Organization of, 1832 56
Part of, added to Gordon, 1849-50 124
Removal of courthouse, 1857.... 256
Sheriff, fees of, 1859 276
Fees for summoning jury, 1859 281
Teachers, ordinary to pay, 1855-6 305
Cass County Agricultural Society.
Act incorporating, 1858 172
Cass County Iron Manufacturing
Company.
Incorporation of, 1839 121
Cassville.
Act incorporating, 1843 94
Cherokee Baptist College incor-
porated, 1853-4 117
Act amended, 1853-4 128
Commissioners, chairman of
hoard, 1853-4 243
Their powers, 1853-4 243
Extension of corporate limits,
1851-2 * 417
Incorporation of, 1843 94
Ladies Memorial Association, ap-
propriation to, 1872 487
Liquor, sale restricted, 1875 328
Liquor licenses, 1853-4, pp. 117,
128; 1862-3 191
Name changed to Manassas, 1861 101
Retail liquor licenses, 1853-4, pp.
117, 128; 1862-3 191
Tax, authority to levy, 1853-4 243
Cassville Academy.
Incorporation of, 1833 20
Trustees increased, 1834 17
Cassville Female College.
Ac*-, incorporating, 1853-4 117
Act amending charter, 1862-3.... 191
Forfeiture of charter provided
against, 1862-3 . 197
Incorporation act amended, 1853-4 128
241
INDEX.
Ca-Ce
LOCAL LAWS.
Castle Rock Coal Mining Company
of Georgia.
Act incorporating, 1862-3 73
Capital stock, reduction of, 1877 218
Subsequent increase of capital,
1877 218
Liquor, sale restricted, 1873 179
Catoosa County.
Clerk county commissioners, com-
pensation, 1895 338
Commissioners of public roads,
powers' and duties, 1884-5.... 559
Countv commissioners, board
created, 1875 243
Commissioners and clerk, com-
pensation of, 1893 358
Ordinary to be chairman, 1895... 338
Quorum, meetings, etc., 1895.. 338
County treasurer, election of by
people, 1855-6 404
Domestic wine, sale prohibited,
1893 473
Driving of cattle restricted, 1855-6 496
Election managers for, 1893 357
Extra tax for county purposes,
1855-6 '.. 540
Game and fish, preservation of,
1893 389
Jurors, compensation of, 1855-6, p.
489; 1859 287
Act 1859 repealed, 1860 IB 5
Fees of, in civil cases, 1860 .... 154
Justices of the peace, compensa-
tion, 1857 270
Line between Whitfield and. Ca-
toosa changed, 1859, p. 275;
1877 280
Liquor, sale prohibited, 1877.... Ib9
Restriction on sale, 1874, p. 227;
1876 . . 200
Local option act, 1882-3 613
Organized out of Walker and
Whitfield, 1853-4 286
Public roads, working of: act
1883 repealed, 1884-5 548
Public school system established,
1872 490
Roads, classification of. 1870.... 455
Road laws, 1884-5 559, 567
Sheriff, bond of, 1893 357
Tax receiver and collector's of-
fice consolidated, 1860 148
Tax receiver's office abolished,
1875 279
Duties cast on tax collector,
1875 279
Witnesses at justices' court, com-
pensation, 1857 270
Catoosa Railroad Company.
Act incorporating, 1889 267
Catoosa Springs Company.
Act incorporating, 1887 278
16— G a. Code
Right of way of the Western and
Atlantic Railroad Company,
use of, 1889 442
Catoosa Springs Railroad Com-
pany.
Act incorporating, 1873 195
Cattle Creek Gold Mining Company.
Act incorporating, 1872 312
Cave Spring.
Act incorporating "village, 1851-2 420
Act of 1872 made applicable to,
1876 163
Corporate limits defined, 1871-2.. 95
Cherokee Wesleyan Institute, in-
corporated, 1853-4 134
Council, election of, 1871-2 95
Organization and powers,
terms of office, 1 871-2 95
Election of officers, 1876 163
Extension of corporate limits,
1855-6 397
Liquor, sale of, 1870 179
Liquor license, 1871-2 95
Marshal, 1892 143
Mayor, recorder, etc., compensar
tion of, 1892 , 143
McKey Lodge incorporated, 1851-2 370
Registration of voters. 1892 145
Road taxes, 1855-6 397
Hiring hands to work, 1855-6 . . 397
Street taxes, 1892 142
Streets, work on, 1869 75
Tax, authority to levy, 1869 75
Levy of, 1871-2 95
Cavender's Creek and Field Mining
Company.
Act incorporating, 1861 97
Cavender's Creek Hydraulic Hose
Mining Company.
Act incorporating, 1868 87
Cavender's Creek and Ward's Creek
Hydraulic Hose Mining Com-
pany.
Act incorporating, 1859 1'49
Cecil.
Act incorporating town, Vol. II.,
1890-1 593
Cedar Creek Lumber Drifting Asso-
ciation.
Act incorporating, 1859 252
Cedartown.
Act incorporating, 1853-4, p. 224;
1858, p. 148; 1870 179
County site fixed at, 1858 148
New charter, 1889, p'. 980; 1898,
p. 151; 1900 253
Caledonian Lodge incorporated,
1851-2 370
Corporate limits defined, 1873 126
Extension of corporate limits,
1876 182
Ce
INDEX.
242
LOCAL LAWS.
Cedartown — Continued.
New charter for, 1889, p. 980;
1900, p. 253; 1898 151
Former acts consolidated, 1898. 151
Prior act superseded, 1900 .... 253
Officers' election legalized, 1876.. 182
Public school system established,
1887 811
Qualified voters, 1899 136
Street franchise, 1899 135
Tax on real estate, town lots, 1874 209
Vote of clerk and mayor, 1899.. 136
Woodland Female College incor-
porated, 1855-6 288
Cedartown Railroad Company.
Act incorporating, 1880-1 336
Cedar Shoals Manufacturing Com-
pany.
Amending act, 1839 95
Incorporation of, 1837 131
Cedartown Street Railroad Com-
oany.
Act incorporating, Vol. I., 1890-1 275
Cement.
Act incorporating town, Vol. II.,
1890-1 865
Census.
Certain cities, census of, how.
taken, 1896 72
Central and Western Wharf Com-
pany.
Incorporation of, 1835 132
Central Bank of Georgia.
Act of 1839 repealed, 1840 22
Act of 1840, sec. 1. repealed, 1841 25
Amendment of charter, 1829 19
Appropriation act amended, 1839 26
Appropriations unpaid, not to be
paid by it, 1842 28
Bank of Darien, affairs of, wound
up by, 1841 23
Bills, authorized to issue, 1841... 21
Receivable for taxes, 1840 27
Redemption of, 1842 28
To be burned, 1842 28
State, bound for, 1842 28
Bonds of, mode of payment,1843 30
Redeemed by State bonds, 1853
-54 20
Commissioner to examine into,
1851-2 27
Discount of new paper forbidden,
1842 28
Discounts, penitentiary, forbid-
den. 1842 28
Dividends, disposition of, 1835... 34
Extension of charter, 1849-50, p.
62; 1853-4 20
Extension of loan by, 1838 44
Final disposition of assets, 1855-6 39
Interest on public debt. 1841 24
Loans prohibited until bills at par,
1841 25
Notes offered for new discount,
1837 40
Regulation of affairs of, 1843.... 144
Salary of cashier. 1831 45-
Sale of forfeited lands, 1833 37
State bonds for redeeming bills of,
1840 21
Stock belonging to State, author-
ity to sell, 1841 30
Teller, authority to appoint, 1832 26
Central Baptist Association.
Act incorporating, 1845 130
Central City Loan and Trust Asso-
ciation.
Act incorporating, 1882-3 171
Central City Railroad Company, of
Macon.
Consolidation with Macon Cit3r S.
R. L. and P. Company, 1888. . 163
Central City Street Railroad Com-
pany.
Act incorporating, 1887 212
Central Georgia Agricultural and
Manufacturing Company.
Act incorporating, 1870 233
Central Georgia Bank.
Central Georgia Banking Com-
pany's name changed to, 1835. 217
Central Georgia Banking Company.
Act incorporating, 1869 28
Name changed to Central Georgia
Bank, 1870 86
Central Georgia Insurance Com-
pany.
Act incorporating, 1862-3 38
Central Georgia Manufacturing
Company.
Act incorporating, 1865-6 135
Central Horticultural Association.
Act incorporating, 1849-50 203
Central Insurance Company.
Act incorporating, 1859 230
Central Insurance Company of Geor-
gia.
Act incorporating, 1871-2 310
Central Railroad and Banking Com-
pany.
Act incorporating, 1833 246
Act of 1841, sec. 2, repealed, 1843 138
Banking privileges renewed, 1870 86
Bonds to retire bonds, 1872 331
Capital stock, increase of, 1839,
p. 192; 1859 316
Central Railroad and Canal Com-
pany's name changed to, 1835, 217
(See that title.)
Change of line of track, 1866 123
Consolidation with Eatonton
Branch Railroad, 1859 316
243
INDEX.
Ce-Ch
LOCAL LAWS.
Central R. R and Banking Co. — Cont'd.
With Macon and Western Rail-
road, 1872 351
With Milledgeville and Gordon
Railroad, 1859 316
Directors, number reduced, 1841. 17<
Increase of, 1873 88
Extension from Bibb County to
Chattahoochee river at Co^
lumbus, 1845 162
Junction with Central Railroad
and Macon and Western at
Macon, 1847 165
Repealed, 1849-50 244
Lease of connecting roads, 1851-2. 119
Purchase of, 1875 235
Straightening of its lines, 1870.. 310
Subscription for stock in Augusta
and Waynesboro Railroad
Company, 1847 164
Time for completion extended,
1841 174
Tybee Island extension, 1861 .... 113
Union depot at Macon, 1849-50... 249
Central Railroad and Canal Com-
pany of Georgia.
Elections, scale of voting, 1866.. 123
Incorporation of, 1833 246
Name changed to Central Rail-
road and Banking Company
of Georgia, 1835 217
Central Street Railroad Company of
Macon.
Enlargement of powers and du-
ties, 18S8 163
Central Trust and Banking Com-
pany of Georgia.
Act incorporating, 1887 410
Name changed to Central Trust
Company of Georgia, 1888... 69
Central Trust Company of Georgia.
Central Trust and Banking Com-
pany's name changed to, 1888. 69
Centreville.
Incorporation of, 1833 334
Chalybeate Springs Railroad Com-
pany.
Act incorporating, Vol. I., 1890-1. 417
Chanubbee Manufacturing Co.
Act incorporating, 1866 83
Charleston and Savannah Railroad.
Act incorporating, 1853-4 406
South Carolina charter extended
to, 1872 368
Union with Central road, 1853-4. 4D6
Charlotte and South Carolina Rail-
road Company.
Consolidation with Columbia and
Angusta Railroad Company,
1869 154
Consolidation with Columbus and
Augusta Railroad Company,
1874 298
Georgia directors, how appoint-
ed, 1874 298
Charlton County.
Boxing trees, punishment, 1859.. 287
County commissioners, board of,
created, 1896 272
Extra tax for county purposes,
1855-6 542
Florida cattle, grazing, tax, 1876. 316
Jurors and baliffs, per diem of,
1877 105
Jury certificate receivable for
taxes, 1872 397
Line between Camden and Charl-
ton changed, 1855-6 131
Between Pierce and Charlton
changed, 1876 309
Liquor license, 1880-1 607
Mileage of jurors and bailiffs,
1897 580
Offices of clerk and ordinary,
where kept, 1857 248
Organized out of Camden,, 1853-4. 29*0
Possessors of land protected,
1860 155
Public school system established,
1872 4yo
Regulated. 1877 348
Road laws amended, 1889 1233
Election of commissioners, 1889, 1233
Powers and duties defined, 1889, 1233
Payment of commutation tax,
1889 1233
Taxes, how applied, 1889 1233
Working of roads, 1889 1233
Tax collectors' insolvent list,
1855-6 412
Tax collector and receiver, consol-
idation act repealed, 1871-2 . . 243
Consolidated, 1868 162
Ware, part of, added to, 1855-6.. 135
Chatham Artillery.
Privileges granted to, 1874 318
Chatham Bank.
Act of 1889 amended, 1893 144
Agent, assignee, power to act as,
1893 144
Chatham Dime Savings Bank
changed to, Vol. II., 1890-1... 16
Chatham County.
Board of education, control of
free school fund, 1886 309
Bonds for new jail, 1882-3 671
Bridge over Skideway river, 1873, 234
Chatham Academy, Free School
and Union Society, sale of
lands by, 1865-6 265
Ch
INDEX.
244
LOCAL LAWS.
Chatham County — Continued.
Catholic cemetery, keepers ex-
empt from jury service,
1855-6 487
City court, rooms for, 1872 399
Clerk of treasury, 1900 161
Commissioners appointed by Gov-
ernor, 1888 277
Oath, vacancies, etc., 1888 277
Authorized to sell lots. 1803
(Clayton's Comp.) 124
Clerk, salary of, 1874 336
Ex officio judges, 1873 235
Jurisdiction, duties, etc., 1873. 235
Habeas corpus writs issued by,
1874 336
Lunatics, care of, 1874 336
Per diem of jurors, 1874 336
Terms of, 1900 165
Commissioners in sanitary mat-
ters, powers of, 1897 383
Commissioners of public road£,
1831 209
Exemption from jury duty,
1849-50 365
Common or free school fund,
1851-2 331
Condemnation of toll roads, 1895._ 418
Constables, rule against, 1858 . . . 153
Conveyance of new courthouse
site, 1888 344
Coroner's inquest; act 1871 re-
pealed, 1874 387
Pees, etc., 1871-2 235
Costs, deposits for required,
1878-9 333
County commissioners, act
amended, 1896 274
Election of, 1892 230
Courthouse and jail, conveyance
of lots for, 1822 132
Courthouse bonds. 1884-5 646
Courthouse, lottery to> erect, 1804
(Clayton's Comp.) 180
Creek between White Marsh and
Oatlands Islands shut up,
1851-2 524
Drainage, 1897 383
Provision for, 1877 308
Drains, ditches, etc., control of,
18.84-5 640
Elections, manner of holding,
1845 69
Escheated property, 1845 95
Extra tax for certain purposes,
1882-3 522
For new jail, 1860 227
Fees in criminal cases, payment
of, 1874 220
Justices of peace, 1857 269
Of magistrates and constables,
1851-2, p. 438; 1855-6 403
Of officers, 1871-2 234
Of ordinary, 1858 158
Fertilizers, fees for inspecting
and analyzing, 1874 287
Fine of road commissioners, etc.,
1857 247
Fees of levying officers, 1857 . . 247
Liability of levying officers,
1857 247
Fish, catching in seins prohibited,
1872 398
Fishing; act 1874 repealed, 1875. 296
Catching in seins prohibited,
1875 296
Free school fund, 1825 13
Turned over to board of educa-
tion, 1886 309
County treasurer, liability, re-
lief, etc.. 1886 309
Game Drotection, 1873, d. 235;
. 1874 389
Act 1873 amended, 1877 309
Horse racing on highways pro*
hibited, 1831 69
Hunting, prohibition of, 1882-3... 545
Hunting and fishing, prohibition
of, 1875 295
Insolvent costs, 1876 106
Payment of, 1871-2 219
Isle of Hope, road to Savannah,
1S74 385
Jail, act regulating government of,
1801 (Clayton's Comp.) 5
Controlled by whom, 1874 386
Extraordinary tax for building,
1855-6 483
Jailer, election of, 1874 386
Salary, 1874 386
Term of office, removal, etc.,
1874 386
Vacancies in office, 1874 286
Jailer, salary of, 1874 386
Deputy jailer, appointment and
compensation, 1874 386
Jurors, selection, drawing, sum-
moning, etc., 1858 156
Jury exemptions repealed, 1875.. 97
Justices of the peace, fees of,
1876 359
Justices' courts, when held, 1857. 269
Keller's residence added to, 1849-
50 128
Laurel Grove Cemetery, keepers
exempt from jury duty, 1855-6, 487
Legionary corns act amended,
1822 60
Lumber measurers, 1851-2 449
Militia districts, limits defined, .
1880-1 654
Obstruction of river, etc., for busi-
ness, 1808 75
Officers of, ineligible to any other
office, 1894 2D3
Act of 1894 repealed, 1898 360
245
INDEX.
Ch
LOCAL LAWS.
Chatham County — Continued.
Ordinary, fees of, defined, 1874 . 361
Office of. 1S87 672
Orphans' Home, act incorporat-
ing, 1859 125
Orphans' Home of the Protestant
E. Church, name changed to,
1860 82
Orphans' Home of the Protestant
Episcopal Church incorpo-
rated, 1853-4 207
Orphan house or Bethesda Col-
lege, sale of lands, 1804 (Clay-
ton's Comp.) 183
Ossabaw Island added to, 1847 ... 66
Poor school fund, 1824 10
Public roads of, 1803 (Clayton's
Comp.) 152
Amended, 1804 (Clayton's
Comp.) 215
Road, etc., from Isle of Hope to
Skidaway Island, 1870, p. 453;
1871-2 242
Road laws, 1807 (Clayton's
Comp.), p. 384; 1827, p. 171;
1828, p. 139; 1834, p. 195;
1839, p. 208; 1849-50, p. 365;
1851-2, p. 524; 1853-4, p. 560;
1870, p. 456; 1873, p. 238;
1876 316, 317
Registration books, safe keeping
of, 1894 220
Registration of voters, 1874, p.
336; 1893 396
Time and manner of, 1876 317
Sheriff, fees of, 1874 360
Act 1874 repealed, 1875 280
Fees in certain cases, 1857.... 237
Skidaway Island, road duty, ex-
emption, 1855-6 510
Solicitor general, fees of, 1857... 248
Subpoenas on witnesses, serving
of, 1869 173
Superintendent of election, 1851-2, 449
Supervisors of, election, 1892 232
Tales jurors, mode of selecting,
1862-3 209
Tax assessors, board created,
1887 673
Tax collector and receiver, com-
pensation of, 1875, p. 281; 1858 155
Tax receiver, compensation of,
1853-4, p. 568; 1859, p. 277;
1875 288
Treasurer elected by people,
1849-50 390
Act 1849 repealed, 1857 237
Ungranted lands, disposition of,
1829 103
Voting places, establishment of,
1877 307
Weights and measures, purchase
of, 1876 32T)
Chatham Artillery.
Privileges granted to, 1874 318
Chatham Bank.
Act of 1889 amended 1893 144
Agent, assignee, power to act as,
1893 144
Chatham Dime Savings Bank
changed to, Vol. II., 1809-1... 16
Chatham Dime Savings Ban,k.
Act incorporating, 1889 452
Name changed to Chatham Bank,
Vol. II., 1890-1 16
Chatham Mutual Fire Insurance Co.
Incorporation of, 1841 103
Chatham Mutual Loan Association.
Act incorporating, 1851-2 212
Chattahoochee Air Line Railroad
Company.
Act incorporating, 1870 303
Chattahoochee and Flint River
Steamboat Company.
Capital stock. 1845 102
Chattahoochee Canal Company.
Act incorporating, 1880-1 284
Chattahoochee Company. ,
Incorporation of, 1838 205
Chattahoochee County.
Clerk superior court, ordinary is
ex officio, 1874 388
County commissioners, board cre-
ated, 1874 338
Abolished, 1878-9 338
County treasurer, election of by
people, 1855-6 404
Criminal court organized, 1873 . . 274
Farm products, act of 1872 made
applicable to, 1873 290
Gates on private ways, 1877 ...... 3t'
Jurors, per diem of, 1857, p. 275;
1871-2, p. 240; 1872, p. 486;
1876, p. 361; 1877 98
Line between Chattahoochee and
Stewart changed. 1876 303
Act 1865 repealed, 1874 370
Between Chattahoochee and
Marion changed, 1872, p. 399;
1876 307
Between Muscogee and Chat-
tahoochee changed, 1855-6, p.
134; 1865-6 50
Liquor, sale restricted, 1875 333
Liquor license, 1875 3*30
How granted, 1875 330
Organized out of Muscogee and
Marion, 1853-4 288
Poor school account, payment,
1860 18
Poor school fund, 1855-6 314
Registration law for, 1893 397
Road laws, 1859 359
Sheriff, bond reduced, 1876 267
Ch
INDEX.
246
LOCAL LAWS.
Chattahoochee County — Continued.
Extra compensation for 1874,
1875 281
Stock law for certain districts,
1889 1276
Chattahoochee Division of the Sons
of Temperance No. 17.
Act incorporating, 1851-2 361
Chattahoochee Insurance Company.
Act incorporating, 1862-3 153
Chattahoochee Iron Works Com-
pany.
Act incorporating, 1855-6 425
Chattahoochee Manufacturing Com-
pany.
Act incorporating, 1865-6, p. 126;
1868, p. 74; 1871-2 174
Grants of 1875 214
Survey of small islands, 1875 . . 214
Name changed to Atlanta Manu-
facturing Company, 1872 .... 295
Chattahoochee Mining Company.
Act incorporating, 1865-6 157
Chattahoochee Navigation Co.
Act incorporating, 1882-3 234
Act 1882, sees. 2 and 5 amended,
1882-3 238
Chattahoochee Railroad Company.
Incorporation of. 1835 193
Explanation of act incorporat-
ing, 1838 198
Chattahoochee Ridge Railroad.
Act incorporating, 1853-4 409
Gainesville and Chattahoochee
Railroad Co., name changed
to, 1855-6 173
Chattahoochee River.
Improvement of, 1827 173
Navigation improvement act, 1835,
p. 252; 1851-2 276
Obstructions, act to prevent, 1826, 158
Removal of. 1820 37
Opening of, 1878-9 428
Chattanooga and Gulf Railroad Co.
Act incorporating, 1889 359
Name changed to Chickamauga
and Durham Railroad Com-
pany, Vol. I., 1890-1 363
Chattanooga and National Park
Railroad Company.
Act incorporating, 1889 390
Chattanooga, Columbus and Florida
Railroad Company.
Error in name corrected, 1884 5. . 205
Chattanooga, Rome and Columbus
Railroad Company.
Atlanta extension, 1888 171
Capital stock, increase of, 1888 . . 171
Extension to Atlanta. 1888 171
Extension to other points, 1888 . 171
Rome and Carrolton Railroad
Company's name changed to,
1887 132
Chattanooga Southern Railroad Co.
Act incorporating, 1887 267
Act 1887, sec. 3, repealed, 1889. 231
Bonds, 1889 231
Branch roads, 1889 231
Connections, power to make, 1889. 2^1
President and directors, 1889.... 231
President pro tern., 1889 232
Purchase or lease of other rail-
roads, 1889 231
Right of way deposit, 1889 231
Secretary and treasurer, 1889 . . . 231
Subscriptions, payment of, 1889.. 231
Chattooga.
Act of 1835 revived, 1851-2 460
Corporate limits defined, 1851-2 . . 460
Chattooga County.
Board of commissioners for, 1897. 384
Bonds, authority to issue, 1861.. 30
For roads across Lookout Moun-
tain, 1870 445
Broomtown camp ground incorpo-
rated, 1851-2 361
Clerk's offices consolidated, 1859. 277
County commissioners, board cre-
ated, 1875 2"45
Clerk of board, 1880-1 538
Powers, 1880-1 538
Clerk, salary of, 1880-1 538
Oath of clerk, 1880-1 538
Compensation of, 1880-1 538
Judgments against board not
bind members, 1880-1 538
Powers of board. 1880-1 538
Sheriff to attend meetings,
1880-1 538
County commissioners abolished,
1882-3 511
County treasurer, election of by
people, 1855-6 404
Criminal court, act of 1868 re-
vived 1872 400
Election managers, compensation
of. 1859 296
Act 1859 repealed, 1862 3 213
Estravs, jurisdiction over abol-
ished, 1880-1 538
Hunting, fishing, etc., Vol. II.,
1890-1 955
Island Town Academy incorpo-
rated, 1843 88
Line between Floyd and Chat-
tooga changed, 1841, p. 63;
1842, p. 64; 1845, p. 192;
1847 66, 69
Liquor, sale; act 1875 amended,
1876, p. 328; 1889 1380
Restriction on sale, 1874, p.
225; 1875 225
Liquor license, 1874 388
247
INDEX.
Ch
LOCAL LAWS.
Chattooga County — Continued.
Local option, 1875 338
Organized out of Floyd and Wal-
ker, 1838 77
Organization act explained, 1839. 34
Overseers to appoint warners,
1840 169
Part of, added to Floyd, 1840 35
Poor school account, payment,
1860 183
Registration law for, Vol. II.,
1890-1 981
Road accounts, payment of, 1887. 791
Roads, bonds, violation of, 1884-5, 552
Capitation tax, 1884-5 552
Classification of, 1870 455
Contractors, rights of, 1884-5 . . 552
Supervisor, election, powers,
etc., 1884-5 552
Working of, 1884-5 552
Road laws, 1842, p. 157; 1882-3, p.
624; 1886, p. 297; 1884-5, p.
552, 562; 1889 1228
School books and stationery fur-
nished to children, 1853-4 152
Sheriff, bond of. reduced, 1877... 286
Fees of, 1859 276
Subscription to Coosa and Chat-
tooga River Railroad, 1860... 190
Summerville made county seat,
1839 2T0
Summerville Academy, trustees
appointed, 1841 18
Supervisor of roads, 1884-5 552
Bond, duties, salary, etc.,
1884-5 552
Tax collector and receiver consol-
idated, 1839 * 43
Separate election, 1851-2 529
Chattooga and Walker Coal and
Iron Railway Company.
Chattooga Coal and Iron an 1
Trion Railroad Companies
consolidated into. 1871-2 184
Chattooga Coal and Iron Railroad
Company.
Act incorporating, 1870 305
Name changed to Chattooga and
Walker Coal and Iron Rail-
way Company, 1871-2 184
Chauncy.
Act incorporating town, 1882-3 . . 326
Jail fees, 1889 624
Marshal's sales, 1889 824
Punishment of offenders, 1889 ... 824
Cherokee County.
Act of 1834 as to new districts,
repealed, 1840 52
Bonds for building courthouse,
1871-2, p. 215; 1874 323
Bridges, speed over regulated,
1893 480
Criminal court, act of 1868 re-
vived, 1872 4D0
District lines; act 1840 repealed,
1858 161
District lines made since legal-
ized, 1858 161
Drainage, 1900 162
Election districts, 1833 95
Etowah Academy, incorporation
of, 1833 17, 22
Trustees increased, 1834 14
Fees of tax receiver and treas-
urer, 1878-9 355
Habersham, part of added to,
1832 56
Hall, part of added to, 1832 56
Hickory Flat Academy incorpo-
rated, 1838 '8
Jail fees, how paid, 1849-50 268
Jury, revision of jury box, 1871-2. 24*4
Line between Cass and Cherokee
changed, 1855-6 134
Between Cherokee and Cass
changed, 1855-6 130
Between Cherokee and For-
syth changed, 1847, p. 67;
1853-4, p. 314; 1855-6 125, 130
Between Cherokee and Pick-
ens changed, 1869, p. 179;
1870 24
Between Cobb and Cherokee
changed, 1851-2, p. 65; 1855-6. 127
Liquor, sale of, 1889.. 1375, 1376, 1S85
Sale restricted. 1875 333
Obstructions in Mill Creek, 1882-3, 654
Organization of, 1831 74
Part of, added to Camobell, 1832. 55
Added to Milton, 1857 , . . 36
Added to Pickens, 1853-4 306
Petit jurors, limit of service,
1871-2 243
Road laws, 1841, pp. 183, 186;
1859, p. 356; 1860 224
Road warners, 1858 182
Tax • collectors, insolvent list,
1851-2 533
Tax collector and receiver, com-
pensation, 1875, p. 282; 1876. 361
Consolidated, 1837 75
Consolidation act repealed,
1845 196
Tax for building schoolhouse,
1872 400
Treasurer elected by people,
1849-50 390
Cherokee Banking and Trust Com-
pany of Georgia.
Act incorporating, 1873 89
Cherokee Baptist College.
Act incorporating, 1862-3 191
Ch-Ci
INDEX.
248
LOCAL LAWS.
Cherokee Copper Company of
Georgia.
Act incorporating, 1853-4 359
Charter in force for thirty years,
1877 218
Cherokee Georgia Baptist Conven-
tion.
Act incorporating, 1855-6 £31
Cherokee Insurance and Banking
Company.
Incorporation of, 1849-50 61
Relief of, act for, 1862-3 136
Cherokee Iron Company.
Act incorporating, 1873 171
Liquor, sale prohibited, 1873 169
Machinery, authority to employ
other, 1874 26"3
Railroads, authority to purchase,
1874 263
Railroad from Cedartown to
Selma, Rome and Dalton R.
R., 1878-9 213
Cherokee Manufacturing Company.
Act incorporating, 1835, p. 128;
1859, p. 240; 1868 72
Name changed to the Joe Brown
Manufacturing Co., 1872 295
Cherokee Mining and Manufactur-
ing Company.
Act incorporating, 1865-6 185
Cherokee Railroad Company.
Act incorporating, 1851-2 122
Consolidation with Rome Rail-
road. 1851-2 122
State indorsement of bonds, void,
1872 7
Cherokee Railroad or Plank Road
Company.
Act incorporating, 1849-50 236
Cherokee Wesleyan Institute.
Act incorporating, 1870 385
Cherokee Westville Institute.
Trustees, number of, 1889 759
Chestatse and Yahoola Gold Mining
Company.
Act incorporating, 1877 219
Chestatee Fluming and Mining Com-
pany.
Act incorporating, 1866 100
Act 1866, sec. 3, amended, 1876.. 238
Chestatee Manufacturing Company.
Incorporation of, 1839 87
Chestatee Mining Company.
Incorporation of, 1835 128
Chestatee Quartz Mining Sluice
Washing Company.
Act incorporating, 1876 236
Chestatee River.
Obstructions, removal of, 1820 ... 37
Chestatee River and Town Creek
Gold Mining Company.
Act incorporating, 1862-3 198
Chestatee River and Town Creek
Hydraulic Hose Mining Co.
Act incorporating, 1859 249
Chestatee River and Long Branch
Hydraulic Hose Mining Co.
Act incorporating, 1865-6 159
Chickamauga.
Act incorporating city, Vol. II.,
1890-1 749
Corporate limits reduced, 1895... 169
Chickamauga and Durham Railroad
Company.
Chattanooga and Gulf Railroad
Company changed to, Vol. I.,
1890-1 363
Lease or sale, Vol. I., 1890-1 363
Route changed, Vol. I., 1890-1 .. . 363
Jnion with Chickamauga Coal
and Iron Company, Vol. L,
1890-1 363
Indorsement of bond 363
Chickasawatchee.
Act incorporating village, 1855-6. . 384
Act incorporating; sees. 7 and 9
repealed, 1859 145
Liquor, sale of, 1859 145
Childsboro.
Liquor, sale prohibited, 1872 .... 492
Chipley.
Act incorporating town, 1882-3 . . . 265
Qualifications of voters, 1884-5.. 387
School district, incorporation of,
1899 444
Cho<3kie.
Councilmen, number reduced,
1887 541
Superior court charter confirmed,
1887 541
Cicero Academy.
Incorporation of, 1827 27
Cincinnati and Georgia Railroad
Company.
Act incorporating, 1880-1 250
Cincinnati, Georgia and Florida
Railroad Company.
Act incorporating, 1884-5 267
Bonds, authority to issue, Vol. I.,
1890-1 333, 352
Capital stock decreased, Vol. I.,
1890-1 333
Disputed right of way, Vol. I.,
1890-1 333, 352
Lease or sale, Vol. I., 1890-1.. 333, 352
Sale; act 1891, sec. 2 repealed,
Vol. I., 1890-1 352
Cincinnati Southern Railway.
Right of way, grant of, 1878-9 ... 218
249
INDEX.
Ci
LOCAL LAWS.
Citizens' Banking and Trust Com-
pany.
Act incorporating, Vol. II., 1890-1 . 187
Citizens' Banking and Trust Com-
pany of Thomasville.
Directors, number of, Vol. II.,
1890-1 227
Savings deposit department, Vol.
II., 1890-1 227
Citizens' Bank of Augusta.
Act incorporating, 1880-1 191
Liability of bank and stockhold-
ers, 1880-1 23 7
Subscription, amount necessary
for organization, 1880-1 217
Citizens' Bank of Eastman.
Act incorporating, 1889 507
Georgia Banking Company's name
changed to, 1872 95
Citizens' Bank of Savannah.
Act incorporating, 1880-1, p. 217;
1S87 344
Directors, number of, Vol. II.,
1890-1 277
Residence, quorum, etc., 1890-1. 277
Savings department, Vol. II.,
1890-1 277
Citizens' Bank of Valdosta.
Act incorporating, Vol. II., 1890-1. 24
Citizens' Gaslight Company.
Act incorporating, 1872 296
Citizens' Insurance Company of
Atlanta.
Act incorporating, 1865-6 117
Citizens' Loan and Trust Company.
Act incorporating, 1876 213
Citizens' Loan and Trust Company
of LaGranqe.
Act incorporating, 1873 97
City and Suburban Railway of
Savannah.
Directors, number of, 1887 211
Freight carriage, 1887 211
Motive power, Vol. I., 1890-1 331
City Banking Company of Macon.
Act incorporating, 1868 '6x
Name changed to City Bank of
Macon, 1870 125
City Bank of Atlanta.
Act incorporating, 1872 88
City Bank in Augusta.
Act incorporating, 1853-4 161
Act incorporating, 1880-1 205
City Bank of Macon.
Act incorporating, 1874 241
Capital stock, reduction of, 1876. 215
City Banking Comoany's name
changed to, 1870 125
Directors, qualifications of, 1876.. 215
City Court of Albany.
Establishment of, 1897 408
Fines and forfeitures, 1898 295
Practice in, 1898 29^
Trial of criminal cases, 1898 .... 295
City Court of Americus.
Established, 1900 93
Solicitor of. 1900 104
City Court of Athens.
City court of Clarke County's
name changed to, 1894 212
Juries at special sessions, 1894. . . 212
Jurisdiction, 1894 212
Jury trials in. 1894 2i4
Special sessions, 1894 212
Stenographic reporter, compensa-
tion of, 1894 212
City Court of Atlanta.
Act creating, 1871-2 57
Act of 1871. sec. 12, repealed,
1892 219
Appearance term abolished, 1892. 219
Bailiffs, compensation of, 1892 . . 219
Payment of, 1877 46
Second division, compensation,
1895 356
Bills of exceptions, 1873 119
Claims of certain solicitors ad-
justed, 1889 1153
Continuances, 1892 219
Convicts, work on streets, farm-
ing out, etc., 1872 136
Defenses, when filed, 1892 219
Drunkenness in West View Ceme-
tery, jurisdiction, 1884-5 514
Fees of officers, 1876 95
Insolvent cost, 1875 40
Judge, appointment and salary,
1875 40
Prohibited from practicing law,
1884-5 470
Salary of, 1878-9 281
Salary increased, 1886 275
Jurisdiction co-extensive with
county, 1876 96
Extended to county limits, 1875. 40
Pleading and practice, 1874, p.
116; 1878 129
Under one hundred dollars, de-
nied— plea to jurisdiction,
1894 209
Jurors for adjourned terms, 1877. 46
Per diem of, 1877 46
Pay of, 1873 129
Qualifications of, 1876 96
Jury commissioners for, 1880-1... 555
Jury fees in civil cases, 1877.... 46
Malicious prosecutors, 1875 40
March and September terms, civil
cases tried at, 1884-5 469
New trials in, 1875 41
Prosecutor's name on warrants,
1875 40
Ci
INDEX.
250
LOCAL LAWS.
City Court of Atlanta — Continued.
Solicitor, appointment, term, etc.,
1876 ..." 9"6
Payment out of county treas-
ury, 1893 372
Terms, six established, 1892 219
Terms, monthly, 1892 221
Transfer of cases from superior
court, 1873, p. 119; 1875 40
Trial of cases in, 1884-5 469
Civil cases in, 1880-1 555
Of criminal cases, 1873 119
City Court of Augusta.
(See City Court of Richmond County.)
Act abolishing, 1876 97
Bailiff for city court, 1873 121
Civil jurisdiction, reduced, 1865-6, 73
Grand juries not to be drawn,
1872 141
Habeas corpus writs, authority to
issue, 1863-4 90
Judge, disqualification of, 1872.. f$l
Salary ot 1861 91
Jurisdiction extended, 1871-2, p.
66; 1872 141
Purchase or sale of real estate,
1873 120
City Court of Bainbridge.
Established, 1900 104
City Court of Barnesville.
Certioraries to superior court,
1900 113
Establishment of, 1899 332
Judge, authority of, 1900 113
Judgments, etc., dignity of, 1900 113
Jury fees, 1900 113
Writ of error to supreme court,
1900 113
City Court of Bartoiw County.
(See City Court of Cartersville.)
Abolished, 1878-9 2B8
Costs, 1887 708
Jurisdiction, 1887 708
Jurors, drawing, number, etc.,
1887 716
Members of strikes, 1887 716
Transfer of cases to, 1887 712
City Court of Baxley.
Establishment of, 1897 420
Trial terms of certain cases, 1897 520
City Court of Brunswick.
Act creating, 1895 374
Accusation, trial on, 1899 348
Trial by jury, 1899 248
City Court of Butts County.
Establishment of, 1900 151
City Court of Camilla.
Establishment of, 1897 430
City Court of Cartersville.
Act creating, 1884-5 487
City Court of Carroll County.
Abolishment of, 1897 522
Judge may practice law, 1893. . . . 373
Jurisdiction, minimum one hun-
dred dollars, 1893 373
City Court of Carrollton.
Abolished 1889 1154
Act creating, 1884-5 460
Establishment of, 1897 438
Fines and forfeitures, 1884-5, p.
486; 1887 714
Judge, salarv increased, 1887.... 714
Term of, 1899 350
Jurisdiction extended, 1887 714
Solicitor, term of, 1899 350
City Court of Clarksville.
Criminal cases, how tried, 1899 . . 354
Established 1898 299
Solicitor, fees ot 1899 3~54
Trial before justices of the peace,
1899 354
City Court of Clarke County.
Act establishing, 1878-9 291
Accusations, amendments of, 1895 357
Continuance because of, 1895.. 357
Certiorari to superior court, 1895 357
Indictment not demandable, 1894 210
Judge, salary of, 1894, p. 210;
1899 351
Jurisdiction, terms, etc., 1884-5.. 481
Jury trials, 1899 353
Demand for, 1895 357
Name changed to city court of
Athens, 1894 212
Quarterly sessions, 1895 357
Sheriff and clerk, fees of, 1894 210
Solicitor, fees of, 1894 210
Terms, special sessions, etc., 1894 210
Trial at first term, 1894 210
Trial term, 1892 223
City Court of Coffee County.
Act establishing, 1895 358
Abolishment of, 1897 524
City Court of Columbus.
Act creating, 1884-5 455
Accusation in criminal cases,
1886 276
Grand jury for, 1886 276
Indictment, demand for, 1886 276
Judge, absence of, adjournment,
etc., 1886 276
Jurisdiction enlarged, 1884-5, p.
484; 1886 276
Jury trials, waiver of, 1886 276
Petit jurors, strikes, etc., 1886.. 276
Solicitor's office created, 1889 1158
Terms, adjournment, etc., 1886.. 276
Title and jurisdiction, 1884-5 484
City Court of Dawson.
Act establishing, 1898 310
Citv Court of Decatur County.
Abolished, 1900 116
251
INDEX
Ci
LOCAL LAWS.
City Court of DeKalb County.
Act establishing, 1893 37"
Abolished, 1898 322
Jurisdiction limited, 1895 3Y1
City Court of Douglas.
Establishment of, 1897 448
City Court of Dublin.
Established 1900 117
City Court of Early County.
Established 1900 131
City Court of Eastman.
Establishment of. 1899 356
City Court of Elbert County.
Abolished 1896 286
Quarterly terms changed, 1895.. 372
City Court of Elberton.
Hire of convicts, 1900 135
How disbursed, 1900 135
Judge, salary of, 1900 135
Organization of, 1896 287
City Court of Floyd County.
Judge, salary increased, 1889.... 1161
Vacancies in office, 1889. 1161
Jurisdiction, 1889 1161
Jury, strikes, etc., 1887 710
City Court of Forsyth.
Establishment of. 1897 471
City Court of Gainesville.
Act establishing, 1877 47
City Court of Greenville.
Establishment of, 1899 369
Transfer of cases from superior
court, 1900 139
Solicitor-general's fees, 1900 139
City Court of Griffin.
Act establishing, 1880-1 375
Changed to criminal court of Grif-
fin, 1897 481
Establishment of, 1897 262
Judge, salary of, 1882-3. 340
Jurisdiction of misdemeanors,
1.892 226
Solicitor's appointment, fees, etc.,
1900 137
Bond and oath, 1900 137
Special bailiff, appointment of,
1900 137
City Court of Gwinnett County.
Act establishing, 1895 384
, Abolishment of. 1899 369
Indictments, practice as to, 1898 323
Jurisdiction extended, 1897 484
Terms of, 1898 323
City Court of Hall County.
Act establishing, 1880-1, p. 558;
1890-1 939
Abolished, 1886 275
Indictment not demandable, 1899 381
Solicitor for, oath, bond, etc.,
1898 324
City Court of Jackson County.
Abolishment of, 1897 , 265
City Court of Jefferson.
Establishment of, 1897 485
Solicitor provided for, 1899 383
City Court of LaGrange.
Accusation, trial on, 1900 140
Clerk and his fees, 1900 140
Court of record, 1900 140
Established, 1899 385
Indictment not demandable, 1900. 144
Jurisdiction, 1900 140
Jury trials, 1900 150
Monthly sessions, jurisdiction,
1900 140
Nuisances, abatement of, 1900.. 140
Solicitor, qualifications, 1900.... 140
City Court of Lexington.
Established, 1899 395
City Court of Lowndes County.
Abolished, 1894 217
City Court of Macon.
Act creating, 1870 474
Abolished, 1871-2 66
Act creating, 1884-5 470
Clerk, number, term, etc., Vol. II.,
1890-1 947
Deputy clerk, Vo. II,, 1890-1 . . 947
Clerk and sheriff, compensation,
1887 705
Criminal cases, mode of trial, 1900 144
Default cases, right for trial at
first term, 1900 144
Judge's salary, 1897 415
Jurors, payment of, Vol. II.,
1890-1 947
Jury trials in, 1894 214
Rules of superior court to gov-
ern, 1900 144
Transferred cases, fees of clerk
superior court, 1900 144
Terms of court, 1897 495
Act 1885 amended, Vol. II.,
1890-1 947
City Court of Monroe County.
Abolishment of, 1897 528
City Court of Newnan.
Act establishing, 1887 692
Act. 1887, sections 2 and 6, re-
pealed, 1889 1164
Insolvent costs, 1889 1163
Judge, salary of, 1889 1163
Juries, how secured, 1889 1163
Drawing of, 1887 713
Jury, trials by, 1889 1163
Jurisdiction, 1889 1163
Pleading and practice, 1899 1163
Procedure, service, etc., rules of,
1889 1163
Term of court, 1889 1163
Transfer of cases to, 1889 1163
Writs of error, 1889 1163
Ci-Cl
INDEX.
252
LOCAL LAWS.
City Court of Richmond County.
Act establishing, 1880-1 574
Clerk's costs in, 1898 375
Demand for jury trials, 1887 713
Indictment not demandable, 1893 386
Insolvent costs, 1882-3 527
Judge, e.r officio commisioner of
'roads, etc.. 1882-3 528
Jurisdiction increased, 1887 713
Sheriff's costs in. 1898 374
Solicitor's fees, how paid, 1894.. 215
Terms o£ 1882-3 542
Call of docket, etc., 1895 393
City Court of Savannah.
Abducting mariner, etc., 1857.... 114
Act 1883 amended, 1889 1157
Appeal, parties may, 1857 114
Attachments, etc., jurisdiction,
1S57 114
Attorneys' fees taxable, 1853-4.. 281
Bailiff, election, fees, duties, etc.,
1857 114
Clerk and sheriff, election and
term, 1895, p. 394; 1899.... 411
Clerk, fees of, 1853-4 282
Common Pleas and Oyer and Ter-
miner, name changed to,
1853-4 (see Savannah) 281
Costs of said court, 1880-1 571
Deposits for, required, 1878-9, p.
333; 1882-3 526
Criminal jurisdiction, 1857 114
Equitable defenses pleaded, 1880-1 571
Fees of officers, 1871-2 234
When and how paid, 1857 114
Future legislation applies to, 1857 114
Grand jury abolished, 1900 148
Indictments not demandable, 1900 148
Insolvent costs, 1876 106
Judge, appointed by Governor,
1880-1 571
Attestation of deeds, 1865-6 73
Disqualification, 1865-6 73
How elected, salary, etc., 1853-4 281
May practice law, 1882-3 532
Practice law, shall not, 1880-1 571
Salary of, 1880-1, p. 571; 1882-3,
p. 532; 1897 496
Term of service. 1882-3 532
Vacancy, how filled, 1853-4 281
Judgments and executions, 1857.. 114
Jurors, attendance and pay, 1882-3 532
Jurors, limit of service, 1855-6.. 487
Additional jurors summoned,
1855-6 488
Juries in said court, 1880-1 571
Jurisdiction of, 1880-1 571
Jurisdiction extended, 1853-4.... 281
.Jurisdiction over nonresidents
(joint obligors), 1871-2 67
Laws and officers of old court con-
tinued, 1853-4 281
New trials in, 1875 41
Rooms for, ordinary to provide,
1872 399
Sheriff, fees for keeping perish-
able property, etc., 1857 114
Solicitor, appointment of, 1853-4 281
Solicitor's fees, 1897 498
Subpoenas on witnesses, serving
of, 1869 173
Trials, juror's fees, continuance,
etc., 1S57 114
Trial of criminal cases, 1875 .... 41
Verdicts moulded, 1880-1 571
Witnesses, parties competent may
be, 1857 114
City Court of Swaynesboro.
Act establishing, 1898 336
Grand jury abolished, 1900 148
Indictment not demandable, 1900 148
Judge, qualification and oath, 1900 148
Jurisdiction, 1900 148
City Court of Washington.
Establishment of, 1899 413
City Court of Washington County.
Abolished, 1878-9 368
City Court of Waycross.
Establishment of, 1897 510
Indictment not demandable, 1899 427
Processes returnable, when, 1900 150
Terms of, 1900 150
City Court of Wriahtsville.
Establishment of, 1899 429
City Gaslight Company.
Act incorporating, 1859, p. 223;
1870 243
City Lean and Savings Bank of Au-
gusta, Georgia.
Act incorporating, 1872 91
City Loan Association and Savings
Bank of Augusta.
Act incorporating, 1865-6 89
Clarke County.
Advertisements of estrays, 1840.. 77
Agricultural society incorporated,
1859 219
Baptist church of Mar's Hill in-
corporated, 1834 57
Board of commissioners for, 1897 387
Bonded debt, funding of, 1889.. 1139
Bonded indebtedness, new bond
issue, 1870 460
Bonds, exemption from taxation,
Vol. II., 1890-1 1071
For county indebtedness, 1880-1 510
For courthouse and jail, 1874.. 324
For outstanding bonds, 1878-9 346
To take un outstanding indebt-
edness, 1880-1 656
Bridges between Clarke and Oco-
nee, 1887 790
Cammack Manufacturing Com-
pany incorporated, 1833 106
253
INDEX.
CI
LOCAL LAWS.
Clarke County — Continued.
Act amended, 1834 140
City Court art establishing,1878-9 291
Contracts, letting out, regulated,
1876 320
County Commissioners, 1897 .... 387
Countv site removed to Athens,
1871-2 241
Courthouse, extra tax for rebuild-
ing, 1806 26
Debt of county, payment of, 1880-1 652
Extra tax for payment of, 1871-2 220
Deputy clerk, appointment, 1855-6 408
Domestic wines, Vol. II., 1890-1.. 1059
Act 1884, sec. 4, repealed, Vol.
LI., 1890-1. 1059
Election districts. 1831 125
Extra tax or bonds, for smallpox
expenses, etc., 1865-6 43
Farmers' Academy incorporated,
1837 10
Fish traps in Pataula Creek,
1889 1175
Game protection, 1874 289
Greene, part of, added to Clarke,
1802 (Clayton's Comp.), p. 89;
1 307 (Clayton's Comp.) 578
Insolvent costs of officers, 1876.. 362
Jones' residence added to Walton,
1S42 63
Jurors, per diem of, 1853-4, p. 474;
1871 2, p. 240; 1872 436
Line between Clarke and Jackson
changed, 1849-50, p. 133;
1S53-4, p. 315; 1860 140
Between Clarke and Madison
changed, 1849-50, p. 133;
1851-2, p., 72; 1877 276
Between Clarke and Walton,
act 1840 repealed, 1874 370
Liquor, sale of, 1889 1357
Sale restricted, 1880-1 631
Local option act, 1884-5 506
Oconee county organized out of,
1875 109
Part assigned to Madison county,
1811 114
Part of. added to Madison, 1813,
p. 59; 1829 28
Added to Oglethorpe, 1813 29
Poor asylum, 1834 38
Public school system, act estab-
lishing, 1872 490
Registration law for, 1889 1219
Road laws, 1816, p. 123; 1837, p.
237; 1859 So 9
Salem Academy incorporated,
1821 ±2o
Salem parsonage property incor-
porated, 1825 48
School fund, disposition of, 1872 . . 401
Solicitor general's compensation
for services in, 1880-1 651
Stock law for 220th D. G. M.,
1884-5 5*6
For 241st D. G. M., 1884-5 584
Tax collector and receiver consol-
idated, 1840 180
Consolidation act repealed,
1853-4 568
Tax receiver, compensation, 1860 148
Teachers, arrearages due, 1853-4 147
Ordinary to pay, 1 855-6 303
Clarke 3anking Company.
Act incorporating, Vol. II., 1890-1, 182
Clarke County Academy.
Incorporation of, 1823 28
Clarke Light Infantry.
Exemption front jury duty, 1887.. 877
Clarkston.
Act incorporating town, 1882-3, p.
280; 1898 165
Public school system provided,
1898 340
Clarkesville.
Act incorporating, 1870
Incorporation acts repealed,
1849-50, p. 91; 1897 160
Incorporated as a city, 1897 . . 160
New charter, Vol. II., 1890-1 .. 48 -1-
Board of education, 1899 137 (a7
Corporate rights of, 1899 137 (4)
Force of board, 1899 137 (6)
Rules, dangers, etc., 1899 137 (5)
Bonds for school buildings, 1895 16r|
Bridge over Logue river, 1870. . . . 182
Bridge over Saque river, 1872. . . . 183
City court established, 1898 299
Corporate limits, 1893 197
Changed, 1894 146
Denned, 1847 .- 142
Corporate name, 1893 197
Councilmen cannot contract with
each other, 1884-5 328
Disqualified for other offices,
1884-5 327
Qualifications of members,
1884-5 327
Drainage, 1882-3 338
Extension of corporate limits,
1882-3 338
First Presbyterian church incor-
porated, 1843 118
Grace church incorporated, 1841,
p. 41; 1842 40
Graded schools, 1899 137 (11)
Incorporated as a city, 1897.... 160
Incorporation act repealed, 1849-50 91
Act of 1891 repealed, 1897 160
Intendant, election of, 1871-2 97
Jail not used for city offenders,
1880-1 431
Use of. 1871-2 97
Liquor, sale prohibited, 1877.... 153
Liquor-licenses, 1882-3 338
CI
INDEX.
254:
LOCAL LAWS.
Clarkesvllle — Continued.
M. E. church incorporated, 1841 . . 8
New charter for, Vol. II., 1890-1 484
Councilmen named until elec-
tion day, Vol. II., 1890-1 489
(See "Incorporation," above.)
Public school system, 1899 137(1)
Election for, 1899 137 (1)
Schools free, 1899 137 (7)
School fund, 1899 137(9)
School tax, 1899 137 (10)
Separate schools for races, 1899,
137 (8)
Special taxes, 1882-3 338
Site of public buildings, 1823 176
Streets and alleys, 1882-3 338
Tax, authority to assess, 1871-2.. 97
For town expenses, 1882-3 338
Taxation, new powers conferred
on, 1872 182
Regulated, 1884-5 327
Clarksville Academy.
Conveyance of lot to board of ed-
ucation, 1875 £20
Incorporation of, 1824, p. 8; 1837. 3
Trustees increased, 1834 3
C!arksvi!!e and Athens Railroad
Company.
Charter, 1847 152
Clarksville and Tennessee Com-
pany.
Act authorizing. 1853-4 404
Clarksville and Tennessee Rail-
road Company.
Act incorporating, 1855-6 173
Clarksville and Tugalo Railroad
or Plank Road Company.
Act incorporating, 1851-2 150
Clarksville City Court.
Established "l898. 299
Classic City Street Railway Com-
pany.
Act incorporating, 1884-5 212
Clay County.
Act of 1854 continued in force,
1855-6 • . , 123
Bonds for building courthouse,
1870 450
Cotton Hill Male and Fern ale Sem-
inary incorporated, 1855-6, p.
296: 1866 175
Charter amended, 1874 314
Corporate limits, 1874 175
County commissioners, board
created, 1873 233
Compensation' of, 1876, p. 272;
1889 1122
Commissions of tax collector, re-
ceiver, and treasurer, 1878-9 349
Act of 1876 repealed, 1878-9 349
Criminal court established, 1875 "74
Farm products, buying and sell-
ing prohibited, 1872 484
Fort Gaines1, act incorporating,
1862-3 185
Jurors, per diem of, 1871 240
Line between Clay and Calhoun
changed, 1872, p. 402; 1875,
p. 269; 1876 304
Between Clay and Quitman
changed, 1875 270
Between Clay and Quitman
defined, 1869 181
Between Early and Clay
changed, 1859 268
Between Randolph and Clay
changed, 1855-6 127
Liquor, sale restricted, 1875, p.
337; 1876 1Y7
Liquor, sale of, 1874 175
Liquor traffic regulated, 1874 p.
314; 1875 175
Mount Vernon Institute, 1874 175
Organized out of Early and Ran-
dolph; 1853-4 292
Road laws, 1870 453, 456
Randolph, part of, added to, 1859' 272
Registration law for, 1887 753
School districts, 1857 24S
Sheriff, bond reduced, 1875 282
Stock law for 431st D. G. M.,
1889 1267
Tax receiver and collector, fees
reduced, 1876 361
Treasurer, commissions reduced,
1876 ,. 362
Repealed, 1878-9 349
Clayton.
Act incorporating town, 1823, p.
196; 1853-4, p. 224; 1874 153
Appeals from mayor's court, 1897 170
Corporate limits, 1897 170
Ex officio justices of the peace,
1897 170
Fi. fas., collection of, 1897 170
Incorporation of, 1823, p. 196;
1853-4, p 224; 1874 153
Jail used as a guardhouse.. 1897.. 170
Mayor, salary of, 1897 170
Mayor and councilmen, election
of, 1897 170
Oath of, 1897 170
Vacancies, 1897 170
Officers, authority to elect, 1897.. 170
Ordinances, authority to pass,
1897 170
Quorum of council, 1897 170
Taxes, 1897 170
Clayton County.
Commissioners of roads and rev-
enues, abolished, 1899 468
Countv commissioners, board
created, 1887 677
255
INDEX.
Cl-Co
LOCAL LAWS.
Clayton County — Continued.
County court abolished, 1877, p.
53: 1884-5 483
Convicts, farming out, 1872 402
Farm products, sale regulated,
1870 320
Game protection, act 1875 re-
pealed.. 1877 310
Insolvent costs, payment of, 1875 296
Jurors, vvr diem of, 1871-2, 340;
1872, p. 486; 1877 202
Line between Clayton and Fulton
changed, 1860, p. 142; 1861,
p. 102; 1877 274
Between Clayton and Henry
changed, 1875, p. 273; 1877.. 275
Between Fayette and Clay-
ton changed, 1859 267
Liquor manufacture prohibited,
1887 855
Domestic wines excepted, 1887 855
Sale restricted, 1877 332
Local option act, 1882-3 551
Road tax, commutation of, 1897 . . 578
Clayton Academy.
Incorporation of, 1824 23
Clayton Mining Company.
Act incorporating, 1857 216
Clayton Railroad Company.
Act incorporating, 1874 299
Clayton Volunteers.
Act incorporating, 1859 376
Claytonsvillc.
Incorporation of, 1821 32
Clegg Banking and Savings Com-
pany.
Act incorporating, 1870, p. 182;
Vol. II., 1890-1 391
Cleveland.
Act incorporating, 1870 182
Liquor, sale prohibited, 1880-1. . . . 592
Cleveland and Lula Railroad Com-
pany.
Act incorporating, 1880-1 249
Cleveland Railroad Company.
Act incorporating, 1888 188
Clinch County.
Burning of woods prohibited,
1880-1 653
Camp hunting prohibited, 1880-1 586
By nonresidents, 1855-6, p. 411;
1882-3 543
Countv commissioners, board
created, 1889 1104
Abolished, 1893 359
County court abolished, 1884-5, p.
494; 1897 523
County seat changed from Polk to
Magnolia, 1851-2 . 455
Countv treasurer, election by
people, 1855-6 404
Election of commissioners. 1824 152
Firing woods, 1859 2X9
Fish, seining prohibited, 1877.... 310
Repealed, 1880-1 587
Jurors and bailiffs, per diem of,
. 1877 105
Justices' courts, civil jurisdiction,
1875 80
Line between Clinch and Coffee
changed, 1855-6, p, 127;
1862-3, pp. 80, 208; 1870, p.
26: 1872, p. 402; 1876, pp.
304, 305; 1877 280
Between Clinch and Ware
changed, 1876 304
Liquor license, 1880-1, p. 601;
1882-3 553
Bond and oath, 1872 276
Organized out of Ware and
Lowdnes, 1849-50 126
Part of, added to Coffee, 1853-4.. 294
Public school svstem established,
1872 490
System regulated, 1877 3^
Registration law for, 1887 732
Removal of county site, 1860 165
Road commissioners, duties, etc.,
Vol. IT., 1890-1 903
Act 1889 repealed in part, Vol.
II.. 1890-1 903
Road laws, 1859 St>0
School district. 1855-6 313
Treasurers for each district,
1855-6 313
Seining and fishing, 1880-1, p. 586;
Act 1S77 repealed, 1880-1 587
Sheriff, bond of, 1851-2 441
Bond reduced, 1876, p. 266; 1877 280
Trustees for school districts. 1857 153
Clinch Rifles' Loan Association.
Act incorporating, 1853-4 375
Clinton.
Act incorporating town, 1816, p.
74; 1872 184
Corporate limits, 1821 75
Incorporation of, 1816, n. 74;
1872 184
Subscription to and bonds for
Macon and Cincinnati Rail-
road, authorized, 1872 348
Taxation, 1823 171
Clinton Academy.
Incorporation of, 1821 31
Coast Line Railroad Company (of
Savannah).
Consolidation with Savannah,
Skideway and Seaboard Rail-
road Company, 1876 257
Corporators, 1872 375
Directors, number of, 1882-3 231
Creat Warsaw and Little War-
saw Islands, rights as to,
1882-3 231
Co
INDEX.
256
LOCAL LAWS.
Coast Line R. R. Co. (of Savannah) —
Continued.
Operation of part of road, 1872 . . 275
Motive power, Vol. I., 1890-1 332
Route by Cathedral and Bona
Venture Cemeteries, 1872 375
Streets of Savannah, construc-
tion in, 1882-3 231
Wilmington Railroad Company's
name changed to, 1872 375
Cobb County.
Archibald Harris' residence added
to, 1847 70
Bonds, authority to issue, 1861... 30
For building courthouse, 1871-2 218
Clerk superior court and treas -
urer consolidated, 1876 322
Cobb Academy incorporated, 1833 17
Countv commissioners, board
created, 1S78-9 340
Abolished, 1884-5 426
Election of, 1880-1 515
Election of their successors,
1880-1 B17
Courthouse, building of, 1851-2.. 456
Courthouse bonds, exempt from
tax, 1872 403
Drainage of lands, 1899 468
Damages to owners, 1899 468
Election districts, 1832 76
Extra tax to build jail, 1859 362
Game protection, 1876 331
Georgia Military Institute's land
donated to Marietta Male
Academy, 1870 456
Jail, extra tax for building, 1845 193
Jurors, pav of, 1872, p. 486; 1875,
p. 93; 1877 100
Jury fees, collection regulated,
1853-4 474
Line between Cobb and Cherokee
changed, 1851-2, p. 65; 1855-6 127
Between Cobb and Douglas
changed, 1874 371
Between Cobb and Paulding
changed, 1849-50, p. 136; 1857 229
Between Paulding and Cobb de-
fined, 1851-2 68
Liquor, sale of. 1889 1342
Restrictions on sale, 1874, p.
218; 1875, pp. 334, 335; 1876,
pp. 204, 321 ; 1882-3 671
Marietta made county seat, 1834. . 252
New residents, voting by, 1887.. 741
Organization of, 1832 56
Part of, added to Milton, 1857 36
Added to Paulding, 1851-2 52
Powder Springs High School in-
corporated, 1859 196
Presbyterian church at Roswell
incorporated, 1840 81
Public roads, working of, act
1883 repealed, 1884-5 548
Registration act, 1884-5 617
Road laws, 1841 ±8$
Width of roads, 1889 1238
Road warners, 1858 182
Sheriff and tax collector consoli-
dated, 1876 323
Sheriff, act 1876 making him tax
collector repealed, 1878-9 348
Springfield Academy incorpo-
rated, 1840 9
Springville incorporated 1838 129
Taxable property, 1842 171
Tax collector and receiver consoli-
dated, 1839 43
Consolidation act repealed,
1847 291, 294
Upshaw school district, incorpo-
rated, 1900 164
Water course removal of obstruc-
tions, 1899 468
Cobb County and Alabama Plank
and Turnpike Road Com-
pany.
Act incorporating, 1849-50 219
Cobb County Salt Mining Company.
Act incorporating, 1862-3. 72
Cochran.
Act incorporating town, 1869 75
New charter, 1880-1 400
Bonds for public school buildings,
1884-5 319
Mayor and aldermen, election,
etc., 1874 180
New charter for. 1880-1 400
Powers conferred on town, 1874 . . 180
Public school system for, 1895.. 171
Street duties, who subject to,
1884-5 301
Tax assessors, oath, duties, etc.,
1884-5 300
Waterworks' bonds, 1898 170
Code of 1895.
Commissioners, reimbusement of,
1896 19
Printing and publishing 1896.... 20
Coffee County.
City court abolished, 1897 524
Constable, service of process by,
1855-6 405
County commissioners, board
created, 1889, p. 1145; 1895.. 339
County court abolished, 1895 371
Extra tax to build iail, 1859 363
Hunting and fishing, Vol. II.,
1890-1 958
Jurors, per diem of. 1874 367
Act 1874 repealed, 1875 96
Line between Coffee and Appling
changed, 1.855-6. p. 125; 1859,
p. 266: 1875 267
Act 1859 repealed, 1875 267
Between Berrien and Coffee
defined. 1858 133
257
INDEX.
Co
LOCAL LAWS.
Coffee County — Continued.
Between Clinch and Coffee
changed, 1855-6, p. 127;
1862-3, pp. 80, 206; 1870, p.
26; 1872, p. 402; 1876, pp.
304, 305; 1877 280
Between Coffee and Irwin
changed, 1857, p. 230; 1859.. 267
Between Coffee and Telfair
changed, 1855-6 125, 130
Between Coffee and Ware
changed. 1872. p. 403; 1875,
p. 270: 1876, p. 305; 1877.. 280
Act 1872 repealed, 1875 270
Between Irwin and Coffee
changed. 1853-4, p. 312; 1859,
p. 270: 1874 373
Liquor, sale prohibited, 1880-1.. 591
Beer, cider, bitters, etc., pro-
hibited, 1880-1 594
Liquor-license, 1878-9, p. 388;
1895 251
1882-3 267
Organized out of Clinch, Ware,
Telfair, and Irwin. 1S53-4 294
Part of, added to Berrien, 1855-6 112
Added to Irwin, 1855-6 127
Public school system established,
1872 490
Road laws.. 1855-6 508
Act 1856 repealed, 1859 356
Roads, work on, 1860 2hz
Registration law for, 1889 1222
School districts, 1857 248
Sheriff, bond reduced, 1855-6 406
Turpentine boxes, time for cut-
ting, 1889 1410
Cohutta.
Charter, 1895 184
Cohutta Mining Company.
Act incorporating, 1853-4 360
Cole City.
Act incorporating, 1873 127
Coleman.
Act incorporating, 1889 872
College of American Medicine and
Surgery.
Name changed to Georgia Col-
lege of Electric Medicine and
Surgery, 1884-5 279
Reformed Medical College's name
changed to, 1874 319
College Park.
Manchester's name changed to,
1895 251
Collins Manufacturing and Power
Association.
Act incorporating, 1877 198
Collins' Park and Belt Railroad Co.
Act incorporating, 1 889 211
Collinsville.
Act incorporating town, 1887.... 611
17— Ga. Code
Colloden.
Tax on business. 1897 t 178
Colquitt.
Act incorporating town, 1860, p.
86; 1870, p. 183; 1871-2, p. 99;
1889 779
Corporate limits, 1896 143
Election, qualifications, etc., of
voters, 1889 mT7
Eligibility to office, 1896 143
Legislative powers, 1896 143
Marsha] and other officers, 1896.. 143
Mayor, power and duties of, 1896 143
Mavor and aldermen, election of
1896 143
To b& justices of the peace,
1896 143
Vacancies, 1896 143
Oath of mayor and aldermen, 1896 143
Streets, newer over and working
of. 1896 143
Tax and license, 1896 143
Colquitt County.
Camp hunting, nonresidents pro-
hibited, 1857 249
Cattle and sheep grazing, nonres-
idents to be taxed, 1861 104
Clerk of superior and inferior
court consolidated, 1857 237
County commissioners, board cre-
ated, 1875 248
Compensation of, 1894 203
Election of, 1889 1118
Game nrotection, 1889 1177
Line between Berrien and Col-
quitt, 1857 228
Between Mitchell and Colquitt,
changed, 1873 279
Between Thomas and Colquitt
changed, 1870 23
Between Worth and Colquitt
changed, 1857, p. 233; 1899.. 275
Obstructions to Ocklocknee River,
1866 160
Organized out of Thomas and
Lowndes, 1855-6 108
Public school system established,
1872 490
Road laws, act 1858 repealed,
1860 224
Sheriff, bond reduced, 1857 237
Seining prohibited, 1893 390
Tax collector, ex officio sheriff,
1877 293
Tax receiver and collector's office
consolidated, 1877 287
Thomas, part of, added to, 1859.. 273
Columbia County.
Appling Female Academy incorpo-
rated, 1839 11
Baptist churc h on the Kiakas,
privileges granted to, 1801
(Clayton's Com.) 6
Co
INDEX.
25$
LOCAL LAWS.
Columbia County — Continued.
Bethel Bethlehem Church incorpo-
rated, 1847 142
Board of commissioners estab-
lished, 1898 360
Bond for county purposes, 1857.. 322
Citizens' Academy, incorporation
of, 1837 3
Clerk superior court, urevious du-
ties of clerk inferior court,
1857 238
Consolidation of clerk superior
court and treasurer, 1884-5. . . 444
Clerk's and treasurer's office
separated, 1898 362
Countv commissioners abolished,
1882-3 517
Election of clerk, 1880-1 531
County Line Academy incorpo-
rated, 1838 8
Courthouse, extra tax for building,
1806, p. 28; 1807 (Clayton's
Com.) 407
Elections, 1826 88
Election districts established, 1825 91
Farm products, buying and selling
prohibited, 1872 484
Fines and forfeitures, how used,
1821 106
Franklin Academy incorporated,
1825 6
Hunting regulated, 1876 345
Insolvent costs, 1889 1116, 1151
Jail, extra tax for building of,
1818 (Lamar's Com.) 915
Jurors, payment of, 1855-6 488, 492
Kiokee Academy incorporated,
1838 3
Kiokee Church, charter amended,
1817 142
Line between Columbia and Mc-
Duffle changed, 1872 403
Between Columbia and Warren
changed, 1842 67
Between Richmond and Colum-
bia changed, 1855-6 132
Between Richmond and Colum-
bia re-surveyed, 1841 66
Between Warren and Columbia
denned, 1813 65
Liquor sale restricted, 1877 148
Liquor-license, 1860, p. 152; 1876;
p. 324; 1882-3 561
Local option act, 1884-5 536
Mount Olive Church incorporated,
1847 142
Oak Hill Academy incorporated,
1831 3
Part of, added to McDuffie, 1870. . 20
Poor \sylum established, 1833, p.
34; 1836 33
Red Oak Academy, incorporation
of, 1837 3
Red's Creek Baptist Church, in-
corporated, 1806 21
Road laws. 1833, p. 299; 1851-2, p.
525; 1853-4, p. 552; 1859 356
Seed cotton, sale of, 1895 419
Sheriff, bond of reduced, 1877 286
Shiloh Academv incorporated,
1843 91
Stock law for, 1884-5 51)0
Superior court, ordinary to dis-
charge duties of. 1874 389-
Supervisor of roads, office created.
1876 324
Tax collectors, insolvent list, 1842 170
Teachers of poor children, pay of,
1859 103
Thompson Male and Female High
School incorporated, 1853-4.. 135
Wrightsboro incorporated, 1841.. 29
Columbia and Augusta Railroad
Company.
Act incorporating, 1863-4 138
Act 1864, sec. 29, repealed, 1886.. 124
Consolidation with Charlotte and
South Carolina Railroad Com-
pany, 1869, p. 154; 1874 298
Georgia directors, how appointed,
1874 2~93
Columbia County Academy.
Lottery for aiding, 1 808 60
Sale of real estate, 1826 6
Columbia Mining Company.
Act incorporating, 1S53-4 364
Stockholders' meeting held in Au-
gusta, 1855-6 463
Columbus.
Act incorporating, 1828 153
Laying out of town, 1827 183
New charter, 1890-1 489
Act 1858. sec. 1, repealed, 1862-3 69
Act 1857 in part revived, 1862-3.. 69
Act 1815. sec. 3, established, 1857 17G
Aldermen elected by wards, 1853-4
235 (32)
Assessments for street improve-
ments, 1900 267
How apportioned. 1900 267
How enforced, 1900 267
Assessors, appointment of, 1843 . . 107
Baptist Church, grant of lot to,
1829 44
Bonds in aid of M. & G. R. R. and
M. & W. P. R. R. Co., 1858. . . 131
Of Mobile and Gerrard Rail-
road, 1889 779
To be returned in lieu of unexe-
cuted, 1855-6 398
Bond of marshal and other offi-
cers, 1845 67
Of mayor and council, 1835.... 55
259
INDEX.
Co
LOCAL LAWS.
Columbus — Continued.
City Light Guards, incorporated,
1847 116
Jury exemption, 1874 398
Columbus Gas Company, author-
ity to make title to, 1889 802
Columbus Guards, jury exemp-
tion. 1874 398
Privileges of, 1845 198
Columbus Library Association, do-
nation to, Vol. II., 1890-1.... 522
Commons in, lease or sale, 1887 . . 613
Set apart for railroad purposes',
1882-3 269
Title vested in commissioners,
1900 270
Sale of, 1900 270
Congregation Benay Isreal, sale
of property, 1887 885
Credit of city, when and how
used, 1853-4 235(34)
Criminal court, act 1856 repealed,
1857 113
Deeds by city validated, 1900 267
Deputy marshal's office abolished,
1876 162
Elections, act 1863, sees. 1, 3, re-
pealed, 1869 184
Qualification of voters, 1862-3 . . 210
Separate polls for races, 1897 . . 174
Election of officers, 1847, p. 28;
1853-4, p. 229; 1863-4 87
Of aldermen, 1837 55
Of maj'or and commissioners,
1835 55
Of mayor and officers, 1871-2.. 98
Episcopal Church incorporated, *'
1834 53
Executions by clerk of council,
1853-4 229
Duty of clerk as to, 1853-4 229
Extension of corporate limits,
1836. p. 89; 1886, p. 248; 1888,
p. 198; 1889, pp. 999, 1081;
1892 180
Extra tax for railroad purposes,
1847 285
First Presbyterian Church incor-
porated, 1859 120
Girard R. R. Co., subscription of
stock, 1855-6 497
Hibernian Benevolent Society in-
corporated, 1837 T36
Hydrant Water Company incorpo*
rated, 1855-6 466
Incorporation of, 1828, p. 153;
1890-1 489
Ladies' Education and Benevolent
Society incorporated, 1845 . . . 131
Name changed to Ladies' Edu-
cation and Benevolent Society
of the City of Columbus, 1853-
54 397
Laying out of town, 1827 183
Male and female academies, trus-
tees for, 1862-3 83
Market, authority to establish,
1858 127
Mayor, veto power of, 1897 174
Mayor, pro tern., 1845 67
Mayor's court organized, 1832 .... 62
Amended, 1833 67
Repealed, 1834 90
Mayor and aldermen, election of,
1845, p. 67; 1858 127
Mayor and council, powers of,
1835 55
Mayor and councilmen ex officio
justices of the peace, 1835. . . 55
Methodist church, grant of lot to,
1828 48
Mobile and Girard Railroad, occu-
pancy of Ninth street, 1888 . . 138
Money, vote necessary to appro-
priate, 1845 67
Muscogee Railroad Company,
loan of bonds, 1851-2 387
Negligence or malpractice in of-
fice, 1835 55
New charter for, Vol. II., 1890-1 489
Officers, election, salaries, etc.,
1862-3 70
How chosen, 1853-4 235(33)
Terms of, 1877, p. 154; 1895 187
Opelika and Talledaga Railroad
Company, subscription to val-
idated, I860 89
Patrol duty, right to regulate,
1838 68
Plank roads legalized, 1855-6.... 480
Police commission created, 1893. . 198
Police jurisdiction, 1895..... 187
Poor, provision made for, 1845.. 69
Presbyterian church, grant of lot
to. 1830 65
Public schools. 1866 174
Public school funds, 1873 128
Registration for special elections,
1895 187
Regulation as to time and
amount, 1857 170
Removal of inmate from lewd
house, 1857 170
Retail licenses, 1851-2 427 (10)
Roman Catholic church, grant of
lot to, 1831 61
Roman Catholic churches of St.
Phillips and St. James, incor-
porated, 1831 64
Rose Hill Annex, boundaries de-
fined, 1889 776
Second Baptist church, sale of,
1899 502
Co
INDEX.
260
LOCAL LAWS.
Columbus — Continued.
Second Presbyterian church, sale
of property, 1887 885
Sale of land by, 1889 1402
South Commons, lease of, 1837.. 53
Special tax, authority to impose,
1845 69
St. Luke M. E. Church, South, in-
corporated, 1859 120
St. Paul M. E. Church, South, in-
corporated, 1859 120
Streets, power to grade, etc., 1900 2^""
Opening of 1851-2 427 (12)
Street improvements, contracts
for. 1900 267
Work, how done, 1900 267
Street paving, railroad's pro rata
part, 1900 267
Subscription to stock Mobile and
Girard Railroad Company leg-
alized. 1858, p. 131; 1889 781
Subscription to stock Montgom-
ery and West Point Railroad
Company legalized, 1858 131
Survey of public square, 1855-6.. 495
Tax on mules and horses, 1875 . . 158
On shows, negroes, etc., 1851-2
427 (10)
Special authorized, 1841 190
Taxation, power of, 1865-6 273
Tax defaulters, 1835 55
Transfer of cases from mayor's
■ superior court, 1835 73
Trinity Church, sale of property,
1887 881
United Free Will Baptist Church,
sale of lands, 1895 431
United Riflemen incorporated,
1855-6 470
Vigilant Fire Company incorpo-
rated, 1847 119
Wards, laid off into, 1837 55
Watch, power of, 1851-2 427(9)
Water lot company incorporated,
1845 123
Water lots, laying off and disposi-
tion of, 1840 187
Lease of, 1S31 236
Wharfage, rate of, 1865-6 273
Columbus Academy.
Lot laid off for, 1834 21
Columbus and Atlanta Air Line
Railroad Company. /
Act incorporating, 1870 306
Columbus and Buena Vista Raiload
Company.
Act incorporating, 1887 192
Columbus and Florida Railroad
Company.
Act incorporating, 1884-5 260
Name changed to Columbus
Southern Railway Company,
1886 194
Columbus and Greenville Plank and
Turnpike Road Company.
Act incorporating, 1849-50 214
Columbus and Greenville Plank
Road and Turnpike Company.
Act incorporating, 1851-2 172
Columbus and Gulf Navigation Com-
pany.
Act incorporating, 1887 473
Columbus and Mamilton Railroad
Company.
Act incorporating, 1853-4 411
New corporators named, 1869 61
Columbus and Lannahassee Plank
and Turnpike Road Company.
Act incorporating, 1851-2 172
Coiumbus and Lumpkin Plank and
Turnpike Road Company.
Act incorporating, 1849-50 214
Columbus and Northern Railway
Company.
Act incorporating, 1884-5 227
Columbus and Southwestern Rail-
road Company.
Act incorporating, 1845 132
Coiumbus and West Point Railroad
and Plank Road Company.
Act incorporating, 1851-2, p. 133;
1869 62
Columbus and West Point Railroad.
Charter revived, 1853-4 415
Columbus and Whiteville Railroad
Company.
Act incorporating, 1859 312
Columbus Artificial Stone Company.
Act incorporating, 1873 191
Coiumbus Baptist Church.
Incorporation of, 1840 85
Columbus Board of Trade.
Donation to, Vol. II., 1890-1 523
Columbus Building and Loan Asso-
ciation.
Court, charter confirmed, 1855-6.. 480
Relief of, act for, 1865-6 103
Coiumbus Commons.
Title vested in commissioners,
1873 127
Columbus Factory.
Dam across river, 1851-2 521
Columbus Fire Company.
Established, 1831 247
Coiumbus Fire Company No. 4.
Act incorporating, 1855-6 476
261
INDEX.
Go
LOCAL LAWS.
Columbus Gas Company.
Columbus to make title to, 1889. . 802
Columbus Gaslight Company.
Act incorporating, 1853-4 397
Columbus Guards.
Exemption from jury duties, 1888 350
Columbus Insurance Company.
Incorporation of, 1835 118
Columbus Investment Company.
Banking powers conferred upon,
Vol. II., 1890-1 166
Columbus Iron Works Company.
Act incorporating, 1855-6 426
Columbus Lyceum.
•Incorporation of, 1838 15
Columbus Manufacturing Co.
Act incorporating, 1865-6 138
Columbus Power Company.
Right to bed of Chattahoochee
river, 1897 586
Columbus Railroad Company.
Act incorporating, 1865-6 205
Capital stock increased, 1887.... 134
Charter extended, 1887 134
Condemnation of right of way,
1887 134
Extension of line, 1887 134
Motive power, steam, 1887 134
Columbus Savings and Mutual
Loan Association.
Act incorporating, 1855-6 473
Name changed to Mechanics' Sav-
and Loan Association, 1860 . . 134
Stockholders' personal liability,
1859 263
Stock, suspension of call, 1859.. 263
Columbus Savings Bank.
Act incorporating, 1888 94
Coiumbus Southern Railway Com-
pany.
Borrowing money, issuing bonds,
etc., 1886 194
Capital stock increased, 1886.... 194
Columbus and Florida Railway
Company's name changed to,
1886 194
Condemnation of other roads, 1886 194
Crossing streams and other roads,
1886 191
Depots etc.. 1886 194
General corporate powers, 1886.. 194
Lease or sale of property, 1886.. 194
Powers given Georgia and Mid-
land Gulf extended to, 1886.. 194
President and directors, powers
of, 1886 194
Right of way, 1886 194
Steamboats, authority to operate,
1S86 194
Stockholders, liability of, 1886.. 194
Streets, condemnation of, 1886.. 194
Subscription, books of, 1886 194
Payments for stock, 1886 194
Columbus Temperance Hall.
Act incorporating, 1851-2 361
Coiumbus Wharf Company.
Incorporation of, 1835 133
Comer.
Act incorporating, 1893 199
Commercial Bank and Trust Com-
pany of Savannah.
Act incorporating, 1870 87
Commercial Bank of Albany.
Act incorporating, 1871-2 143
Capital stock, 1887 360
Directors, who may be, 1887.... 360
Stockholders, liability of, 1872.. 88
Commercial Bank of Atlanta, Ga.
Act incorporating, 1886 61
Commercial Bank of Augusta.
Banking powers, etc., 1887 355
Capital stock, change of, 1887. . . . 355
Capital stock, reduction of, 1876 216
Commercial Insurance and Bank-
ing Company, name changed
to, 1875 131
Executor, trustee, etc., may act
as, 1887 355
Loan brokerage, etc., 1887 355
Property rights, 1887 355
Savings department, 1887 355
Stockholders, individual liability,
1876 216
Commercial Bank of Brunswick.
Act incorporating, 1855-6 102
Commercial Bank of Cedartown.
Act incorporating, 1889 537
Commercial Bank of Macon.
Act incorporating, Vol. II., 1890-1 206
Directors, election of quorum,
1836 54
Incorporation of, 1831 25
Redemption of its bills, 1837 40
Commercial Bank of Rome.
Act incorporating, 1884-5 151
Commercial Bank of Savannah.
Act incorporating, 1880-1 225
Commercial Bank of Waycross,
Georgia.
Act incorporating, 1884-5 182
Commercial Banking Company.
Act incorporating, 1869 31
Commercial Express Company.
Act incorporating, 1887 457
Commercial Gaslight Company of
Savannah.
Act incorporating, 1870 234
Co
INDEX.
262
LOCAL LAWS.
Commercial Insurance Company of
Augusta.
Act incorporating, 1862-3 151
Act 1863, section 6, repealed)
1865-6 118
Name changed to Commercial In-
surance and Banking Com-
pany of Augusta, 1872 283
Commercial Insurance and Banking
Company of Augusta.
Commercial Insurance Company
of Augusta's name changed
to, 1872 . 2S3
Name changed to Commercial
Bank of Augusta., 1875 181
Commercial Telegraph Company.
Act incorporating, 1886 212
Commercial Travellers' Savings
Bank.
Act incorporating, Vol. II., 1890-1 310
Name changed to Trust Company
of Georgia, 1893 142
Common Schools.
General system established, 1838 257
Compilation of Laws.
Act regulating, 1838 69
Conasauga Canal and Manufactur-
ing Company.
Act incorporating, 1887 476
Conasauga Mining Company.
Act incorporatingj 1853-4 360
Concord.
Act incorporating, 1887 608
Coney.
Act incorporating town, 1889 951
Coney Navigation Company.
Charter of. 1810 47
Confederate Express Company.
Act incorporating, 1852-3 194
Confederate Fire and Marine Insur-
ance Company of Atlanta.
Act incorporating, 1861 49
Name changed to Empire State
Insurance Company, 1865-6.. 119
Constitutional Convention,
Act providing for call of, 1838.. 73
Continental Bank and Trust Com-
pany.
Vol. II., 1.890-1 92
Contractors' Association.
Act incorporating, 1870 236
Conuchee River.
Act for improving nevigation of,
1802 (Clayton's Comp) 66
Conyers.
Act incornorating town, 1853-4, p.
259; 1857 171
Amended charter for, Vol. II.,
1890-1 693
Aldermen, duties of, 1880-1 373
Assessments for improvements,
1887 576
Business taxes, 1887 576
Chain gang, government of, 1880-1 373
City school fund, 1900 271
Councilmen, powers of, 1880-1 373
Election, powers, etc., Vol. II.,
1890-1 693
Election of officers, 1880-1 373
Qualifications of voters, 1880-1 373
Registration of voters, 1880-1.. 373
Error in date of charter corrected,
1880-1 373
Extension of corporate limits,
1870 184
Jurisdiction of town. 1870 184
Mayor, powers and duties, 1880-1 373
Salary of, 1880-1 373
Mayor and aldermen, election of,
1880-1 373
Name changed to City of Conyers,
1880-1 373
Officers, election of, 1880-1 373
Public school system for, 1889.. 1287
Purchase of realty, 1893 200
Erection of public buildings,
1893 200
Taxes for, 1893 200
Schools, number of, 1893 421
Streets, grading, paving, etc.,
1887 576
Assessments for, 1887 576
Waterworks and electric lights,
1895 190
Cooper's Gap Turnpike Company.
Act incorporating, 1849-50 218
Coosa and Chattooga Railroad Com-
pany.
Act incorporating, 1851-2 140
Corporate acts and powers,
1853-4 416
Liability for damages, 1.853-4.... 416
Right of way, 1853-4 416
Subscription of Walker and Chat-
tooga counties to, 1860 190
Taxation of, 1853-4 416
Time of completion extended,
1865-6 207
Coosa River.
Navigation improvement act,
1S51-2 278
Obstructions to fish, etc., 1838.. 210
Obstructions to fish. 1833 295
Coosa River Steamboat Company.
Act incorporating, 1849-50 258
Capital stock reduced, 1853-4 381
Cordele.
Act incorporating, 1888 209
263
INDEX.
Co
LOCAL LAWS.
Cordele — Continued.
Certificates of election, 1899 141
Contested election, 1899 141
Contest, how determined, 1899 141
Penalty for violating act, 1899. . 141
Public school system for, 1895... 191
School trustees, election of,
1899 443
Corinth.
Act incorporating town, 1839, p.
93; 1874 151
"Cornelia.
Act incorporating town, 1887.... 571
Ad valorem tax. 1900 272
Board of school trustees, 1900 272
Election of, 1000 272
Bonds, election for, 1897 176
Election powers, Vol. II., 1890-1 663
Mayor and councilmen, vacancies,
1893 201
Powers of the corporation, Vol.
II., 1890-1 663
Public schools, elections for, 1900 272
Tuition fees, 1900 272
License fund, 1900 272
School bonds, 1897 176
School fund, 1900 272
Separate schools for races, 1900. . 272
Teachers of public schools', 1900. . 272
■Cotbay Camp Ground.
Incorporation of, 1842 47
Cotton Gin Mutual Insurance Com-
pany of Georgia.
Act incorporating, 1874 234
Cotton Mills Bank of Newnan.
Act incorporating, 1889 594
Name changed to Newnan Bank-
ing Company, Vol. II., 1890-1 155
Cotton Planters' Bank of Georgia.
Act incorporating, 1861 20
Redemption of bills, 1862-3 21
Shares and transfer of stock, 1862-
63 21
Stockholder's liability, 1862-3 21
Subscription in cash authorized,
1862-3 21
Cotton Planters' Convention of the
State of Georgia.
Act incorporating, 1858 172
Appropriation to, 1860 10
Cotton States Fertilizing Company
of Macon.
Act incorporating, 1870 T
Cotton States Life Insurance Com-
pany.
Act incorporating, 1868 47
Business commenced, when, 1869 41
Securities, deposit of, 1869 41
Surrender of securities, 1888 97
County Court of Appling County.
Abolished, Vol. II., 1890-1, p. 949;
1893, p. 371; 1897 521
County Court of Baldwin County.
Jury fees, etc., 1 875 71
County Court of Bartow County.
Act abolishing, 3 875, p. 62; 1884-5 486
County Court of Bibb County.
Abolished, 1884-5 488
City court of Macon created, 1884-
85 468
Act 1874, sec. 4, amended, 1876.. 57
Judge, illness or disqualification,
1875 42
Jurors, drawing of, etc., 1877.... 55
County Court of Bryan County.
Abolished, 1882-3 525
County Court of Bulloch County.
Judge, salary of, 1894 215
County Court of Burke County.
Abloished, 1889 1168
County Court of Butts County.
Abolished, 1893 372
Act of 1872 repealed, 1872 395
Solicitor provided for. Vol. II.,
1890-1 950
County Court of Calhoun County.
Abolishment of 1897 521
General county court act extended
to, 1875 43
Judge, election, commission, 1887 691
Misdemeanor indictments, trans-
fer to, 1 876 60
Solicitor, duties, fees, etc., 1876.. 60
County Court of Campbell County.
Abolished. 1878-9 372
Act establishing, 1875 43
Jurors, fees of, 1876 358
County Court of Carroll County.
Abolished, 1877 52
Act establishing, 1375 45
Judge, compensation of, 1876.... 359
Jurors, compensation of, 1876.... 359
Solicitor, compensation of, 1876.. 359
County Court of Chattahoochee
County.
Bond for appearence, 1875 78
County Court of Clarke County.
County court abolished, 1878-9... 372
Solicitor, appointment, fees, etc.,
1876 61
County Court of Clayton County.
Abolished, 1877, p. 53; 1884-5 483
Convicts, disposition of, 1876 61
Jurisdiction raised to $500, 1875.. 47
New trials in, 1875 47
County Court of Clinch County.
Abolished, 1884-5, p. 494; 1897.. 523
Co
INDEX.
264
LOCAL LAWS.
County Court cf Coweta County.
Abolished, 18S7 707
Clayton county court, act made
applicable to, 1876 63
Fines and forfeitures, officers may
share in, 1878-9 369
General law repealed as to, 1876. . 63
Salary of judge and solicitor, 1878-
79 369
Fees of solicitor, 1878-9 369
Terms, etc., 1876 63
County Court of Crawford County.
Abolished, 1881-5 480
County Court of Decatur County.
Abolished, 1S76, p. 68; 1894 216
Sheriff, 1887 685
County Court of DeKalb County.
Act establishing, 1875 44
County Court of Dodge County.
Abolished, 1899 355
Abolished, 1880-1 571
Act creating, 1876 69
Civil jurisdiction abolished, 1877. 53
Re-established, 1878-9 373
Countv Court of Dougherty County.
Abolished, 1872, p. 408; 1897 525
Act 1872 amended, 1873 244, 246
Convicts, farming out of, 1877.. 55
Judge, salary of, 1875, p. 49; 1877 54
County Court of Douglas County.
Abolished, 1886 273
Act creating, 1884-5 454
County Court of Dooly County.
Abolished, 1878-9 372
Civil jurisdiction abolished, 1875 . 48
Criminal jurisdiction, 1875 48
Established, i 892 227
Funds, disposition of, 1893 382
.Judge, salary of, 1875 48
Jurors, compensation of, 1876.... 364
County Court of Early County.
Abolished, 1900 152
Act establishing, 1887 688
Juries, how procured, 1889 1160
Act 1887, sec. 6, repealed, 1889. 1160
County Court of Effingham County.
Abolished, 1892 228
Act establishing, 1884-5, p. 483;
1893 383
Fees of clerk, 1899 367
Fines aud convict hire, 1899 368
Solicitor, salary of, 1899 368
How paid, 1899 368
County Court of Elbert County.
Abolished, 1894 216
Jurisdiction limited. 1875 50
Limited to $50 minimum, 1877. . 55
Special jurisdiction, 1877 55
County Court of Emanuel County.
Abolished, 1895 373
County Court of Floyd County.
Abolished. 1878-9, p. 372; 1882-3.. 534
Act establishing, 1873 250
County Court of Gilmer County.
Abolished, 1888 290
County Court of Glynn County.
Solicitor, appointment, fees, etc.,
1875 51
County Court of Gordon County.
Abolished, 1884-5 482
County Court of Greene County.
Civil jurisdiction increased, 1875. 52
Concurrent jurisdiction, 1875 52
Fees of officers, 1875 52
Jurisdiction of contracts and
torts. 1877 56
Time of trial, 1875 52
Trial terms, 1877 56
County Court of Habersham County.
Abolished, 1880-1 568
Act creating, 1873, p. 263; 1876.. 70
Baliff s, fees of, 1877 57
Record of proceedings, 1877 57
Solicitor, appointment, fees, etc.,
1877 57
Per diem of, 1877 57
County Court of Hancock County.
Clerk, fees, etc., 1875 53
Costs in civil cases, 1876 73
Court of record, 1875 53
Insolvent, costs, 1887 687
Judge's docket entries, 1876 73
Record cf civil cases not required,
1876 73
County Court of Jackson County.
Abolished, 1877 58
Judge, salary of,1876 75
Sheriff, duties of, 1876 T5
Transfer of cases from superior
court, 1876 75
County Court of Jasper County.
Election of judge, 1899 381
Judge and solicitor, terms of, 1899 382
Vacancies in office, 1899 382
Jurors and jury trials, 1877 59
Per diem of jurors, 1877 59
County Court of Jefferson County.
Abolished, 1 889 1157
Abolishing act repealed, 1892... 225
Act establishing, 1875 53
Solicitor, appointment, duties, etc.,
1875 69
Judge pro hoc vice, 1S75 69
Transfer of case to superior
court, 1875 69
County Court of Jones County.
Judge and solicitor, election of,
1899 384
265
INDEX.
Co
LOCAL LAWS.
County Court of Laurens County.
Abolished, Vol. II., 1890-1 933
Act establishing, 1875 54
County Court of Lee County.
Act establishing, 1872 408
Fines and forfeitures, 1884-5 480
Judge, salary of, 1877 54
Solicitor, fees of, 1897 531
Transfer of misdemeanors, 1884-5 479
County Court of Liberty County.
Solicitor, appointment, duties, etc.,
1875 69
Judge pro hac vice, 1875 69
Transfer of case to superior court,
1875 69
County Court of Lowndes County.
Solicitor appointed, duties, etc.,
1875 69
Judge pro hac vice, 1875 69
Transfer of case to superior court,
1875 69
County Court of Macon County.
Clerk superior court, ex officio
clerk, 1877 60
Clerk superior court, €x officio
clerk, 1876 75
Fines and forfeitures, 1884-5, p.
452; 1900 153
Solicitor, act creating, 1887 687
How paid, 1892 225
County Court of Marion County.
Abolished, 1877 61
Act 1375, sec. 4, amended, 1876.. 76
Bond for appearance, 1875 78
Fi. fas., when returnable, 1876 . . 76
Judge's salary, 1898 371
County Court of McDuffie County.
Abolished, 1889 11.52
County Court of Miller County.
Jurisdiction, 1877 61
Solicitor for, 1877 62
Transfer of misdemeanors from
superior court, 1877 61
County Court of Mitchell County.
Abolished, 1877, p. 63; 1894 218
Act 1872 made applicable, 1873 .. 246
Judge, appointment and qualificar
tions, 1882-3 526
Jurisdiction and powers, 1882-3, 526
Salary of, 1893 384
County Court of Monroe County.
Abolished, 1884-5 453
County Court of Morgan County.
Convicts, disposition of, 1893 384
Fees of officers, 1876 77
Jurisdiction increased, 1876 77
Solicitor, appointment, etc., 1876 . . 77
County Court of Muscogee County.
Abolished, 1880-] 569
Act establishing, 1872 447
Juries, drawing, summoning, etc.,
1875 60
Jurisdiction and terms, 1873 .... 283
Abolished, 1877 64
County Court of Newnan County.
Abolishing Act of 1877 repealed,
1886 281
County Court of Oconee County.
Bonds, judge may forfeit, 1876. . . 78
Jury trials demanded, parties
bound over, 1876 78
Misdemeanor cases, transferred
from superior court, 1876 .... 78
Solicitor provided for, 1882-3, p.
524; 1899 407
Fees of, 1884-5 451
Qualifications of, 1888 290
County Court of Oglethorpe County.
Abolished. 1899 408
County Court of Pierce County.
Act abolishing. 1875 61
County Court of Pike County.
Act establishing, 1875 62
County Court of Polk County.
Act abolishing, 1875, p. 62; 1877. 65
County Court of Pulaski County.
Civil jurisdiction increased, 1875, 63
Clerk, appointment, etc., 1875 .... 63
Court of record, 1875 63
Judge, powers, duties, etc., 1875. 63
Judge, pro hac vice, 1877 65
Jurisdiction in civil cases, 1877. . . 65
Prosecution of criminal cases,
1875 63-
Sessions of court, 1877 65
Solicitor, act appointing, 1878-9. . . 370
Appointment of, 1898 373
County Court of Putnam County.
Act creating, 1873 285
Appointment of judge, 1873 . . . 285
Court of record, 1876 79
Judge cannot practice law in mis-
demeanor cases, 1889 1162
Election of, 1878-9 371
County Court of Quitman County.
Abolished, 1892 224
Act establishing, 1893 385
County Court of Randolph County.
Abolished, 1880-1 570
Act establishing, 1876 81
Jurisdiction under one hundred
dollars denied, 1877 67
Solicitor, judge appoints, 1877 . . 67
County Court of Richmond County.
Abolished, 1880-1 585
Civil jurisdiction confined to city
limit, 1875 67
Co
INDEX.
266
LOCAL LAWS.
County Court of Richmond Co. — Con.
Insolvent costs, how paid, 1875.. 67
Processes legalized, 1875 68
School officers and teachers, pay-
ment of. 1875 68
Solicitor, appointment, duties,
fees. etc.. 1876 82
Solicitor for 1880-1 569
Time of holding court, 1875 68
County Court of Rockdale County.
Abolished, 1878-9 372
Habeas corpus, 1877 67
Juries in. 1877 67
New trial, 1877 67
Realty, levy on, 1877 67
County Court of Screven County.
Act abolishing. 1876, p. 85;
1880-1 584
Appeal and certiorari, 1876 83
Attornev, judge's power to ap-
point, 1876 83
Continuances, 1876 83
Established, 1889 1154
Judgment term, 1876 83
Juries, how drawn, 1876 83
Accused amending juries, 1876, 83
Jurisdiction, 1876 83
Quarterly sessions, 1876 83
Re-established, 1884-5, p 484, 1889 1154
Suits, how brought, 1876 83
County Court of Stewart County.
Bond for appearance, 1875 78
Transfer of cases to. 1889 1156
County Court of Sumpter County.
Abolished, 1900 153
Fines and forfeitures.. 1882-3 530
- Solicitor provided for, 1882-3 533
County Court of Talbot County.
Bond for appearance, 1875 78
County Court of Tatnall County.
Abolished, Vol. II., 1890-1 934
Solicitor's office created, 1888 ... 289
County Court of Taylor County.
Bailiff's, 1893 387
Judge to manage county business,
1893 387
Solicitor, appointment, duties,
etc., 1893 387
County Court of Terrell County.
Abolished, 1898 339
Fees of officers, Vol. II., 1890-1.. 934
Fines and forfeitures, 1887 705
Officers, who are, 1887 705
County Court of Thomas County.
Act 1872 amended, 1876 86
Costs in civil cases, itemized ac-
counts of, 1877 69
Costs in criminal cases, 1876 .... 86
Place of holding court, 1876 86
Sheriff's liability when serving
process, 1876 86
Solicitor provided for, 1882-3 530
Appointment, duties, etc., 1875, 69
Judge pro hac rice 69
Transfer of case to superior court 69
County Court of Troup County.
Abolished, 1877, p. 69: 1899 412
Jurisdiction, practice, etc., 1878.. 87
Jury fees, etc.. 1875 71
County Court of Twiggs County.
Judge, salary of, 1876 92
Jurisdiction, practice, etc.. 1876.. 92
County Court of Upson County.
Act 'abolishing, 1876, p. 93; 1887. . 710
County Court of Walker County.
Abolished, 1900 154
County Court of Walton County.
Act establishing, 1880-1 573
Judge, costs of, 1887 707
Solicitor, fees of, 1887 707
County Court of Ware County.
Abolishment of, 1897 531
County Court of Wayne County.
Solicitor's office created, 1889 1163
County Court of Wilcox County.
Solicitor's office created, Vol. II.,
1890-1 952
County Court of Wilkes County.
Solicitor, appointment, fees, etc.,
1875 73
Courticay Hydraulic Hose Mining Co.
Act incorporating, 1860 119
Covington.
Act incorporating town, 1822
(Dawson's Comp) 441
Incorporation as a city, 1853-4. 231
New charter for 1895 195
Commissioners for government of
town, 1832 195
Appropriation of town funds for
town purposes, 1835 62
Extension of corporate limits,
1825 (Dawson's Comp 463
Newton County Academy incorpo-
rated, 1822 8
Public school system established.
1887 818
School fund. Vol. II., 1890-1 1043
Southern Female College incorpo-
rated, 1851-2 313
Storage of guano, 1877 153
Street tax, 1875 158
Subscription to and bonds for
Macon and Cincinnati Rail-
road authorized, 1872 348
Tax, authority to levy, 1884-5 ... 338
Taxes and funds, how applied,
1835 62
267
INDEX.
Co
LOCAL LAWS.
Covington — Continued.
Tax exemptions, 1884-5 338
Covington and Cedar Shoals Rail-
road Co.
Act incorporating, 1889 381
Covington and Macon Railroad Co.
Act incorporating, 1884-5 229
Branch line and extensions, 1887, 190
Condemnation of railroad
tracks, 1887 190
Covington and North Georgia Rail-
road Co.
Act incorporating, 1880-1 324
Covington and Ocmulgee Railroad Co.
Act incorporating, 1880-1 p. 326;
Vol. I., 1890-1 428
Covington and Oxford Street Rail-
way Co.
Act incorporating, 1873 196
Covington and South River Rail-
road Co.
Act incorporating, 1880-1 270
Covington Savings Bank.
Act incorporating, 1877 131
Coweta County.
Baptist church near Newnan in-
corporated, 1830 . . 74
Civil jurisdiction limited, 1875... 48
Third sec. of Act 1874 repealed, 48
Convict hiring out, 1878-9 369
County commissioners, board
created, 1872 405
Act creating board amended,
1874 362
Monthly meetings, 1894 204
Power over liquor sales, 1887.. 860
Salary of clerk, 1894 204
Salary of members, 1894 204
County court abolished, 1887 707
Ebenezer Baptist church incorpo-
rated, 1836 84
Edisco Academy incorporated,
1838 8
Election districts, 1828, p. 80;
1830, p. 86; 1831 125
Farm products, sale of, regulated,
1875 301
Haralson Academy incorporated,
1849-50 25
Jury fees, collection regulated,
1855-6 487
Line between Coweta and Camp-
bell changed, 1841, p. 63; 1872,
p. 407; 1875 270
Between Coweta and Heard
changed, 1857, p. 232; 1859. . . 267
Between Meriwether and Coweta
changed, 1853-4, p. 316; 1855-6,
p 128; 1870, p. 22; 1875 p.
271; 1877 '. . . 274
Between Troup and Coweta
changed, 1877 279
liquor, licensed sellers, terms of,
1887 860
Sales by their clerks, 1887.. 860
Manufacture of, prohibited,
1895 397
Manufacture and sale in 746th
D. G. M., prohibited, 1887 756
Liquor sale; Act 1875 amended,
1876 328
Sale prohibited, 1882-3 574
Sale restricted, 1875, p. 335;
1877, p. 184; 1882-3 590
Loan of money by county commis-
sioners, 1875 250
Local option, 1875 338
Longstreet Academy incorpo-
rated, 1849-50 35
Macedonia Academy incorporated,
1855-6 294
Macedonia Baptist church, in-
corporation of, 1836 84
Meriwether, part of, added to,
1851-2 64
Moore's bridge, purchase of au-
thorized, 1878-9 338
Mount Bethel Academy, incorpo-
ration of, 1837 3
Newnan made county seat, 1828. . 149
Organization of, 1826 57
Part of, added to Campbell, 1828. 56
Added to Heard, 1830 48
Part of Cherokee Nation added
to, 1827 99
Payment to certain attorneys,
1872 404
Poor asylum, 1835 22
Poor school fund, 1833, p. 35;
183F., p 172
Prohibition law repealed, 1893... 474
Road law, 1884-5 566
Rock Spring Academy incorpo-
rated, 1849-50 25
School for country children in
Newnan, 1894 244
School districts laid out, 1833, p.
235: 1835 172
Tax for support of indigent fam-
ilies of soldiers, 1861 123
On liquor sellers, 'l887 8-61
Tax collector, receiver and treasu-
rer, compensation of, 1876 . . 376
Tax defaulters, 1851-2 534
Coweta Bank.
Act incorporating, 1887 416
Coweta Falls Manufacturing Co.
Act incorporating 1866 84
Bond issue, 1851-2 211
Coweta Mutual Fire Insurance Co.
Incorporation of, 1847 128
Cr
INDEX.
268
LOCAL LAWS.
Crawford.
Act incorporating town, 1876 .... 140
Crawford County.
Church building lots, authority to
convey, 1823 42
Clayton Academy incorporated,
1836 10
County commissioners, board
created, 1874 339
Election of, 1878-9 366
Meetings of board,, 1875 250
County court abolished, 1884-5 . . 480
County Line Academy incorpo-
rated, 1838 3
Criminal court established, 1875. 79
Abolished, 1877 77
Extra tax for building jail, 1858. . 191
Farm products, buying and selling
prohibited, 1872 484
Sale regulated, 1876 331
Hopewell Academy incorporated,
1836 10
Houston, part of, added to, 1830. . 51
Hudson Academy incorporated,
1851-2 381
Insolvent criminal costs, pay-
ment of, 1874 363
Act 1874 repealed, 1888 311
How paid, 1877 311
Instruments destroyed by fire,
evidence as to, 1842 61
Jackson Lodge incorporated
1851-2 361
Jurors per diem of, 1853-4, p. 475;
1871-2 236
Knoxville Academy, incorporation
of, 1833 22
Knoxville Camp Ground, trustees
appointed, 1865-6 302
Line between Crawford and Hous-
ton changed, 1847 67
Between Macon and Crawford,
changed, 1851-2 73
Between Monroe and Crawford
changed, 1847, p. 65: 1853-4, 319
Between Upson and Crawford
changed, 1865-6 48
Liquor, sale, Vol. II., 1890-1
p 1058, 1059
Liquor license. 1875 330
How granted, 330
Lot No. 61, Eighth district, Macon
County, added to Crawford,
1847 65
Methodist church at Crowell's
Meeting House incorporated,
1834 59
Mt. Carmel Academy, trustees ap-
pointed, 1845 57
Organization of 1822 21-23
Part of, added to Talbot, 1849-50. 131
Added to Taylor, 1853-4 318
Added to Upson, 1824 43
Poor school fund, 1831, p. 16;
1832 19
Reserve land east of Flint river
added to, 1826 60
School books arid stationery fur-
nished to children. 1853-4 ... 152
Stock law for certain portions,
1°S7 802
For 529tli D. G. M., 1886 ...... 303
Tax collector and receiver's office
consolidated, 1875 **9,
Titles to Wesley Chapel and Old
Hebron church, 1870 449
Treasurer elected bv people,
1849-50 390
Union Academy, incorporation of,
1837 3
Crawford Criminal Court.
Abolished, 1877 77
Crawfordville.
Commissioners, election of,
1849-50 101
Elections, time of, 1882-3 336
Qualifications of voters, 1882-3. 336
Incorporation of, 1826 169
New charter for, 1894 147
Incorporation act revived, 1832,
p. 197; 1849-50 101
Liouor, sale of 1878-9 304
Liquor license,' 1900 274
New charter for, 1894 147
Previous acts consolidated. 1894 147
Nuisances, abatement of, 1882-3.. 336
Public schools, support of, 1899 . . 143
Punishment of offenders, 1882-3, 336
Road duty, Act of 1833 repealed,
1835 61
Streets, opening and improving.
-jc^o.o 33(5
Tax, power to levy, 1882-3 336
Crawfordville Academy.
Incorporation of, 1826 8
Sale of land and building, 1870.. 483
Cross Plains.
Incorporation of, 1839, p. 83; 1840, 87
Name changed to Dalton, 1847 ... 47
Criminal Court of Atlanta.
Act establishing, Vol. II., 1890-1.. 935
Act of 1856 creating, repealed,
1857 H2
Election of judge and solicitor,
1898 297
Forfeiture of recognizances, 1892. 221
Judge, vacancy, how filled, 1892 . . 221
Solicitor, payment out of county
treasury, 1893 372
269
INDEX.
Cr-Cu
LOCAL LAWS.
Criminal Court of Clay County.
Act 1875 amended. 1876 62
Criminal Court of Decatur County.
Act organizing, 1876 63
Act 1876, sec. 2, repealed, 1887 686
Criminal Court of Douglas County.
Act creating. 1876 70
Criminal Court of Effingham County.
Act establishing, 1875 75
Criminal Court of Gainesville.
Abolished, 1878-9 308
Bailiff, marshal ex officio, 1876 ... 97
Clerk, fees, etc., 1876 97
Fines, where paid. 1876 97
Criminal Court of Griffin.
Establishment of, 1897 481
Criminal Court of Heard County.
Act establishing, 1876 74
Criminal Court of Pike County.
Act creating, 1876 79
Criminal Court of Taylor County.
Fines, how disposed of, 1876 .... 85
Solicitor-general's cost, 1876 .... 85
Transfer of misdemeanors to,
1876 85
Trials, practice, etc., 1876 85
Crisson Sluice, Washing and Quartz
Mining Co.
Act incorporating, 1870 261
Cubana City.
Act incorporating, 1893, p. 202;
1894 164
Culloden.
Act incorporating city, 1887 655
Act 1887 amended, 1888 229
Central Female College incorpo-
rated, 1851-2 309
Corporate limits, 1888 229
Episcopal church incorporated,
1S34 54
Female Academy, trustees of,
1834 3
Male and Female Academies in-
corporated, 1838 3
Public schools established, 1897. , 534
School fund, 1897 534
Culloden Railroad.
Act incorporating, 1851-2 154
Culverton.
Act incorporating town, Vol. II.,
1890-1 821
Cumberland Island.
Game protection, 1874 385
Protection of fish, 1896 324
Road commissioners, 1820 ...... 87
Road law altered, 1821 112
Cumming.
Act incorporating, 1845, p 125;
1884-5 ' 414
Extension of corporate limits,
1860 90
Subscription to and bonds for
Macon and Cincinnati Rail-
road authorized, 1872 348
Tax sec. 4 of Act 1845 repealed,
'1849-50 81
Cumming and Atlanta Turnpike and
Plank Road Co.
Act incorporating, 1849-50 219
Cumming and Sewanee Railroad Co.
Act incorporating, 1880-1 292
Act 1881, sees. 6, 8, amended,
1882-3 '. 20S
Cumming and Warsaw Railroad Co.
Act incorporating, 1889 217
Cumming County Academy.
Sale of academy lot, 1874 392
Incorporation of, 1834 253
Cumming Male Academy.
Trustees increased, 1839, p. 12;
1842 13
Cumming Manufacturing Company,
of Augusta.
Act incorporating, 1872 299
Borrow money, act authorizing,
1878-9 214
Cartwright Manufacturing Co.
Rights, Powers, etc., 1857 213
Repealing clause, 1857 213
Cusseta.
Act incorporating, Act of 1847
amended and extended, 1855-6 362
Act re-incorporating town, Vol.
II.. 1890-1 810
Debt for school buildings, author-
ized, 1897 '. 181
Election for bonds. 1897 181
Extension of corporate limits,
1897 178
Institute, 1897 1S1
Trustees of, 1897 181
Jurisdiction of mayor and council,
1897 179
Poll tax regulated, 1801 94
Qualified voters on school bonds,
1897 179
Schoolhouse for blacks, 1897 181
School privileges, 1897 179
Tax for payment of bonds,
1897 179, 181
Cuthbert.
Act incorporating town, 1834, p.
264; 1859 147
Incorporation of, 1834, p. 264;
1859 147
New charter, 1870 185*
Ad valorem tax', 1S99 143
Cu-Da
INDEX.
270
LOCAL LAWS.
Cuthbert — Continued.
Andrew Female College incorpo-
rated, 1853-4 116
Board of assessors provided,
1882-8 331
Bonds for educational purposes,
1871-2 • 100
By-laws and ordinances, 1851-2 . . . 459
Chief engineer, duties of, 1899... 143
Salary of 1899 143
Claims due city, how collected,
1899 143
Commissioners, election of, 1851-2 459
Corporate limits changed, 1869... 76
Limits denned, 1851-2, p. 459;
1865-6 276
Cuthbert light infantry, exemption
from street duty, 1882-3 661
Incorporation of, 1834, p. 264;
1831 79
New charter, 1870 185
License tax. 1899 143
Mayor pro tern., 1873 129
New charter for, 1870 185
Policemen, appointment of, 1873. 129
Public school system for. 1889 . . . 1327
Punishment of offenders, 1873... 129
Registration of voters, 1872 186
Streets, power over, 1851-2 459
Superintendent of water works
and electric lights, duties of,
1899 143
Powers of 1899 143
Town tax, 1851-2 459
Washington Lodge incorporated,
1851-2 361
Cuthbert Banking, Loan and Trust Co.
Act incorporating, 1870 91
Cuthbert Baptist Church.
Trustees and powers, 1831 64
Cuthbert Manufacturing Co.
Act incorporating, 1865-6 140
Legalizing act, 1870 238
Cuthbert Rifles.
Privileges and exemptions, 1859.. 378
Dade Coal Co.
Act incorporating, 1873 185
Bonds, authority to fund, 1877... 220
Issue legalized, 1874 263
Capital stock, increase of, 1874. . . 263
Liquor, sale restricted, 1873 179
Railroad facilities, extension of,
1874 263
Dade County.
Board of commissioners estab-
lished, 1.898 363
Camp hunting by nonresidents,
1895 403
Clerk's office consolidated, 1859. 280
' Driving infected cattle through,
1853-4, p. 337; 1855-6 496
Extra tax authorized, 1851-2 531
To pay jurors, 1859 363
Game law for 1037th district,
1893 390
Grazing cattle by nonresidents,
taxes, 1860 156
Jurors, compensation of, 1859, 287, 363
Per diem of, 1877 101
Jury, fees of, in civil cases, 1860. 154
Jury fund, 1859 363
Line between Walker and Dade,
1840 40
Act of 1840, sec. 2, repealed,
1841 67
Liquor sale, Act 1875 amended,
1876 328
Liquor, sale of 1889 1369, 1383
Sale restricted, 1875 336
Local option, 1875 338
Montpelier Academy, trustees ap-
pointed, 1842 4
Organization of, 1837 65
Physicians exempt from jury
duty, 1.860 213
Poor taxes, 1858 185
Public school system established,
1872 490
Re-survey of 19th district, 1841 ... 65
Road commissioners, election,
duties, etc., Vol. II., 1890-1... 997
Roads, ad valorem tax. Vol. II
1890-1 .' 997
Classification of, 1870 455
Road laws, commutation tax,
1889, p. 1240; Vol. II., 1890-1. 997
Tax, ad valorem, 1889 1240
Working of roads, 1889, 1240
Salem made county seat, 1839 . . . 212
Schools, act regulating, 1859 93
Sheriff, fees of, 1859 276
Fees for summoning jury, 1859, 281
Tax receiver and collector's office
consolidated, 1839, p. 43;
I860 149
Consolidation act repealed, 1855-
1856, p. 410; 1871-2 245
Trenton Cumberland Presbyterian
Church incorporated, 1859... 196
Dade County Academy.
Incorporation of, 1838, p. 8; 1851-2 361
Trustees increased, 1839 7
Dade County Iron Mfg. Co.
Act incorporating, 1877 199
Dade County Iron Mfg. and Coal Co.
Act incorporating, 1853-4 370
Dade County Turnpike Co.
Act incorporating^ 1851-2 189
271
INDEX.
Da
LOCAL LAWS.
Dahlonega (see Talonega).
Act incorporating, 1858, p. 150;
1880-1 446
Acts of 1858. 1859, of force, 1866 185
New charter, 1899 146
Commissioners, election of, 1866, 185
Power of, 1868 119
Corporate limits, 1859 150
County seat, Act making (see
Dahlonega.) 1835 259
Discharging firearms, 1859 .... 150
Extension of corporate limits,
1838 114
Tnteodant and commissioners,
election of, 1876 182
Liquor, sale prohibited, 1882-3.. 600
Sale restricted, 1874 210
Mountain Fire Company, incorpo-
rating, 1845 144
New charter for, 1899 146
Previous charter abrogated,
1899, 146
Public school system established,
1894, p. 245; 1897 537
Railroad tracks use of streets for,
1895 ' 203
Registration of voters, 1897 537
Road duty, 1859 150
Subscription to and bonds for
Macon and Cincinnati Rail-
road authorized, 1872 348
Taxing powers, 1859 150
Dahlonega Academy.
Incorporation of, 1837 11
"Tahlonega" Academy abol-
ished, 1837 11
Transfer to North Georgia Agri-
cultural College, 1874 211
Trustees increased, 1841 12
Dahlonega Air Line Railroad Co.
Act incorporating, 1878-9 224
Dahlonega and Dawsonville Railroad
Company.
Act incorporating, 1889 259
Dahlonega and Marietta Turnpike
and Plank Road Co.
Act incorporating, 1849-50 219
Dahlonega, Dawsonville and Gaines-
ville Telegraph and Telephone
Company.
Act incorporating, 1880-1 348
Dahlonega Male and Female
Academy,
Incorporation of, 1849-50 26
Dahlonega Savings Bank.
Act incorporating, 1880-1 214
Dahlonega Tanning and Leather
Mfg. Co.
Incorporation of, 1841 119
Dahlonega Testing and Mining Co.
Act incorporating, 1853-4 367
Dale Academy.
Act incorporating, 1853-4 196
Dallas.
Act incorporating town, 1853-4, p.
232; 1882-3 288
Additional powers conferred,
1884-5 355
Ad valorem tax, Vol. II., 1890-1 851
Elections, time of holding, 1857, 172
Vacancies, how filled, 1857 171
Extension of corporate limits, Vol.
II., 1890-1 851
Liquor, sale of, 1857 172
Sale restricted, 1873 130
Town streets and roads, 1857. . . . 172
Dallas Male and Female Academy.
Act incorporating, 1860 170
Dallas Tripoli Co.
Act incorporating, 1870 240
Dalton.
Accusations in writing, 1889 .... 1082
Waiver of indictment. 1889.. 1082
Act incorporating city, 1853-4, p.
235; 1869 77
New charter, 1874, p. 181; 1887. 559
Act of 1847 repealed, 1851-2 388
Aldermen, number increased, Vol.
II., 1890-1 526
Compensation of, Vol. II., 1890-1 526
Assessment and collection of tax,
1884-5 381
Binding over offenders, 1889 .... 1082
Bonds for educational purposes,
1871-2 101
Business, registration of, 1889 . . 895
Penalty for failing, 1889 895
City attorney, 1889 '. 1082
Clerk, bond of, 1895 204
Duties of, 1895 204
Condemnation of property, 1899, 164
Corporate limits, 1849-50 . . . .- 86
Council, quorum of, 1859 151
Cross Plains, name changed to
Dalton, 1847 47
Election of clerk and treasurer,
1855-6 369
Term of, 1873 130
Extension of corporate limits,
1847, p. 47; 1872 187
Extra tax for interest on bonds,
1873 131
Financial reports of mayor, 1855-6, 369
Fine and imprisonment, power,
1859 ' 151
Fire limits, 1889 895
Inspection of flour and corn meal,
1849-50 267
Jail fees, not liable for, 1859 .... 151
Da
INDEX.
272
LOCAL LAWS.
Dal ton — Continued.
License of vendue masters, 1849-
50 86
Liquor, prohibitory law repealed,
1877 157
Liquor license, 1859, p. 185; 1877, 157
Machine shops Selma R. & D. R.
R., 1871-2 102
Marshall, election of, 1849-50 86
Marshal, clerk and treasurer,
1896 145
Mayor, salary of, 1849-50 86
Salary increased, Vol. TL, 1890-1, 526
Mayor pro tern., 1895 . . 207
Mayor and council, election, pow-
ers, etc., 1847, p. 47; 1849-50, 86
Term of, Vol. II., 1890-1 524
Vacancies, 1849-50 86
New charter for, 1874, p. 181:
1887 529
Previous acts amended and
consolidated, 1874 181
Ordinances, power to pass, 1849-
50 86
Poll tax, 1849-50 86
Public school system established,
1880-1 480
Punishment of offenders, 1889.. 1082
Registration of business, 1895 . . 206
Registration of voters, 1877 157
Road duty, 1849-50 86
Salary of ' officers, 1877 155
School bonds. Vol. II., 1890-1 525
Secretary and treasurer, election
of, 1849-50 86
Sinking fund, investment of, 1899, 165
Southern Central Baptist Univer-
sity incorporated, 1849-50.... 114
Tax assessors and assessments,
1899 165
Election, duties, etc., 1884-5.. 381
Taxes, 1849-50 86
Collection of, 1895 204
On farming lands prohibited,
I860 90
Tax executions, 1895 204
"Water board, creating, Vol. II.,
1890-1 524
Waterworks established, 1887 . . 546
Weights and measures, 1849-50.. 86
Dalton Academy.
Act incorporating, 1851-2 361
Dalton and Alabama Line Railroad.
Act authorizing construction,
1853-4 420
Dalton and Copper Mine Turnpike,
Plank and Railroad Co.
Act incorporating, 1853-4 418
Dalton and Gadsden Railroad Co.
Capital stock reduced, 1855-6.... 182
Commencement of work, 1855-6, 182
Extension of charter, 1855-6 182
Name changed to Dalton and
Jacksonville Railroad Com-
pany, 1859 335
Original stockholder's release,
1855-6 182
Shares reduced, 1859 335
Time extended for commencing,
1857 66
Dalton and Morgantown Railroad Co.
Act incorporating, 1868 103
State credit loaned to, 1869 154
State indorsement of bonds, 1870, 312
Dalton and Jacksonville Railroad Co.
Act incorporating, 1865-6 207
Consolidation with the Georgia
and Alabama Railroad Com-
pany, 1866 124
With other railroads, 1860 191
Dalton and Gadsden Railroad
Company, name changed to,
1865-6 207
Extension to North Carolina line,
1860 191
Dalton and Southwestern Railroad
Company.
Act incorporating, 1872 332
Dalton Brass Band.
Act incorporating, 1855-6 472
Dalton City Co.
Act incorporating, 1849-50 204
Stockholder's list to be filed,
1861 100
Dalton Female College.
Act incorporating, 1849-50 110
Dalton Gaslight and Waterworks
Company.
Act incorporating, 1873 131
Dalton Medical College.
Act incorporating, 1865-6 200
Dalton Petroleum and Mining Co.
Act incorporating, 1865-6 161
Dalton, Spring Place and Eastern
Railroad Co.
Act incorporating, Vol. I., 1890-1, 329
Danburgh.
Liquor sale prohibited, 1877 .... 158
Danielsville.
Academy and meeting house, lot
for, 1820 83
Act incorporating town, 1875.... 159
Incorporation of, 1817 (Lamar's
Comp.) 1040, 1041
Corporate limits restricted, 1877, 158
Local option act, election, 1884-5, 507
Darien.
Act incorporating, 1816 58
Amendment of charter, 1815 .... 69
273
INDEX.
Da
LOCAL LAWS.
Darien — Continued.
Baptist Church incorporated, 1834 56
Charter of, 1816 58
Charter confirmed, 1870 186
City, town made a, 1818 (Lamar's
Comp.) 1013
Commissioners, appointment, qual-
ifications, etc., 1892 173
Powers, selection, terms, etc.,
1892 238
Commissioners of pilotage, powers
of, 1818 (Lamars' Comp.) 680
Commons, survey required. 1870, 479
County Commissioners, Act cre-
ating, 1876 283
Dockage, wharfage and storage,
1842 160
Election of aldermen, 1829, p.
195; 1831 244
Time of, 1820 88
Fees of harbor master and health
officer, 1817 (Lamar's Comp.) 321
Fire engine company incorpo-
rated, 1824 143
Garbage, removal and expense
thereof, 1878-9 263
Health and quarantine laws, 1830, 209
Inspectors of lumber, etc., 1870 487
Act 1870 repealed, 1872 189
Inspectors of timber and lumber,
appointment of, 1872 119
Jail fees, authority to collect,
1835 63
Mayor, election by the people,
1860 92
Mayor pro tern., election of, 1840. 101
Night guard established, 1821 . . 71
Oysters, act to encourage busi-
ness, 1873 156
Punishment of offenders, alter-
nate sentences, 1876 97
Quarantine laws of Savannah ex-
tended to, 1821 97
Regulation of the town of, 1805,
p. 8; 1808 94
Rice planting within the limits,
prohibited, 1878-9 263
Street hands, fines and imprison-
ments, 1877 159
Punishment of defaulters, 1882-3 508
Taxes, general and specific, 1899, 167
Taxation, powers of, 1874 190
Treadmill in jail, 1835 63
Vendue masters regulated, 1849-
50 391
Wharves, to be repaired by
owners, 1878-9 263
Darien Bank.
Act incorporating, 1888 56
Darien Banking Co.
Act incorporating, 1869 32
18— Ga. Code
Capital stock, increase of, 1871-2,
p. 312; 1872 96
Commencement and organization,
1871-2, p. 312; 1872 96
Name changed to Forest City
Banking Company, 1870 .... 94
Organize company, may, when,
1873 91
Darien and Doboy Telegraph Co.
Act incorporating, 1887, 460
Darien Eastern Steam Mill Co.
Incorporation of, 1820 52
Darien Independent Presbyterian
Church.
Incorporated, 1820 84
Darien Poorhouse and Hospital
Society.
Incorporation of, 1822 48
Darien Short Line Railroad Co.
Act incorporating, 1884-5 202
Baisden's Bluff and Sapelo River
Branch, 1889 223
Capital stock, increase of, 1887. . . 147
Public roads, use of, 1886 156
Telegraph line authorized, 1889 . . 738
Time for completion extended,
1889 223
Darien Telegraph Co.
Act incorporating, 1870 378
Davisboro.
Mayor, who eligible, 1896 146
Special tax or license, 1896 146
Streets, condemnation for, 1896.. 146
Davisville.
Incorporation of, 1841 53
Incorporation act repealed, 1845. . 119
Dawson.
Act of 1872 incorporating town,
1872 190
New charter, 1882-3 404
Amended, 1874 190
Act incorporating town, 1857 .... 173
Sec. 4 repealed, 1865-6 276
Assessment of property, 1898 172
Business license, 1898 172
Clerk of council, election of, 1895. 208
Commissioners, number increased,
1874 340
Election, oath, terms, etc., 1874. 340
Corporate limits' changed, 1874 . . 210
Limits defined, 1875 163
Elections, qualification of voters,
1899 168
Of president, councilmen and
marshal, 1863-4 87
Extra tax, 1873 134
Da-De
INDEX.
274
LOCAL LAWS.
Dawson — Continued.
Fire limits defined 1899, p. 168;
1900 ' 275
Extended, 1887 617
Wooden buildings, removal,
1887 617
Impeachment of officers, 1900 276
Liquor license, 1898 172
Mayor, election of 1876 163
Salary of, 1877 ' 160
New charter for, 1882-3 404
Public school system for, 1889 1307
Taxes, elections, payment of
taxes, etc., 1893 204
Power to levy tax, 1865-6 276
Power to fine and imprison,
1865-6 276
"Water supply, protection of, Vol.
II., 1890-1 527
Wooden buildings, erection of,
1900 ; 275,
Dawson City Court.
Established, 1898 310
Dawson Guards.
Act incorporating, 1859 378
Dawson Manufacturing Co.
Act incorporating, 1865-6 142
Sec. 3 amended, 1868 75
Dawson Turnpike Road Co.
Act incorporating, 1860 202
Dawson County.
County commissioners abolished,
1875 ._,.. ..' 251
Extra tax for jail, 1858 188
For paupers, 1859 364
Jurors, compensation of, 1858.... 189
Line between Lumpkin and Daw-
son changed, 1860, p. 142;
1874 372
Act 1874 repealed, 1875 274
Between Pickens and Dawson
changed, 1857 231
Liquor, sale restricted, 1875 337
Organized out of Lumpkin and
Gilmer, 1857 32
Public school system established,
1872, p. 340 490
Road duty, 1872 433
Road laws, 1859 359
School fund, 1860 177
Sheriff, bond of, 1857 241
Stock law in 1022 D. G. M., 1888. . 322
Tax collector and receiver consoli-
dated, 1858 155
DawsonviNe.
Act incorporating' town 1859, p.
152; 1872, p. 193; 1882-3 295
Etowah Lodge No. 222 incorpo-
rated, 1859 124
Act of 1872 incorporating re-
pealed, 1875 163
Liquor, sale prohibited, 1875 337
Subscription to and bonds author-
ized for Macon and Cincinnati
Railroad, 1872 348
Dawson Volunteers.
Act incorporating, 1859 394
Decatur.
Act incorporating (1823), Daw-
son's Comp 446
Amended, 1830 218
New charter for, 1880-1 460
Act 1871, sec. 5, amended, 1876. . . 164
Burial ground laid out, 1832 37
Churches, lots for, 1832 37
Clerk of council and treasurer's
office, separated, 1893 206
Commissioners, election, etc.,
1855-6 350
Condemnation proceedings, 1893, 206
Corporate limits defined, 1855-6.. 350
Extension of corporate limits,
1871-2 103
Fines and taxes, how collected,
1855-6 350
Jurors, per diem of, 1871-2 240
Liquor, sale of, 1855-6 350
Sale regulated, 1871-2 103
Marshal, 1855-6 350
Removal of, 1893 206
Salary of, 1871-2, p. 103; 1893.. 206
Marshal's and tax receiver's and
collector's office separated,
1893 206
Mayor and councilmen, election
and terms, 1880-1, p. 460; 1895 209
New charter for, 1880-1 460
Poll tax, 1855-6 350
Presbyterian church incorpo-
rated, 1827 80
Public school system for, 1889 1292
Punishment of offenders, 1855-6.. 350
Railroads, paving streets by, 1893 206
Speed regulated, 1893 206
Registration of voters, 1893 206
Registration and license of busi-
ness, 1895 212
Roads, streets, etc., 1855-6 350
Road duty, 1871-2 103
Tax assessments, 1893 206
Taxes, 1855-6 350
Commissioners to levy, 1871-2.. 103
Returns and payment, 1893 206
Tax collector, election of, 1893 . . 206
Treasurer, election of, 1893 206
Decatur County.
Act re-establishing 1005 district,
1857 268
Amendment of charter, 1876 .... 164
Attapulgus Academy, trustees in-
creased, 1841, p. 11; 1849-50.. 22
275
INDEX.
De
LOCAL LAWS.
Decatur County — Continued.
Attapulgus Female Academy in-
corporated, 1851-2 329
Bonds, authority to issue. 1861. .. 30
For bridge over Flint river,
1878-9 347
For certain purposes, 1877 312
For county indebtedness, 1872 . . 407
Commissioners, appointment,
members, etc., 1876 272
Oath, vacancies, etc., 1876 272
County commissioners, board
created, 1871-2 224
Act 1871 revised, Vol. II., 1890-1 926
Appointment of, 1892 235
Clerk, compensation of, 1877.. 254
County ' court abolished, 1876, p.
68; 1894 216
Criminal court established, 1876. 63
Early, part of, taken for, 1823 63
Elections, 1826 91
Election districts, 1829, p. 83;
1831 125
Election, managers, etc., pay of;
Act of 1857 repealed, 1861 10*4
Election precincts, 1832 76
Election, superintendents, etc.,
pay of, 1857 249
Extra tax for courthouse, 1853-4. . 569
For expenses, taxing power
limited, 1882-3 505
Ferries in, 1859 361
Rate of toll, 1853-4 562
Fishing and hunting around Lake
Douglass, 1876 388
Flint river crossing, fees of fer-
riage, 1859 361
Jurisdiction of commissioners in-
creased, 1876 272
Jurors, pay of, 1855-6, p. 491;
1872, p. 486; 1876 363
In justices' courts, compensa-
tion, 1853-4 475
Justices of the peace, pay for mak-
ing lists of poor children,
1860 156
Liquor, sale of, 1889, p. 1354; 1373,
Vol. II., 1890-1 1056
Liquor license, 1875 330
How granted, 1875 330
Local option act, 1882-3 549
Militia districts, laid off, 1834 109
Organization of, 1823 57
Part of, added to Thomas, 1825. . . 54
Pleasant Grove Academy, incorpo-
ration of, 1836, p. 10; 1837... 3
Name changed, 1839 4
Poor asylum authorized, 1834 40
Poor school fund, 1826, p. 4; 1829 13
Proof of open accounts, 1857 271
Registration of voters, 1875, p.
305; 1876 349
Registration law for, 1886 293
Road laws, 1857 292
Act 1836 repealed, 1860 224
Sheriff, bond of, reduced, 1853-4.. 327
Site of public buildings fixed. 1824 153
Spring Creek, obstructions pro-
hibited, 1866 161
Taxation, rate of, 1876 267
Tax levy realized, 1876 267
Tax collector and receiver consoli-
dated, 1841, p. 72; 1875 283
Consolidation act repealed,
1853-4 568
Election of tax collector and re-
ceiver, 1857 239
Tax collector's insolvent execu-
tions, 1858 163
Teachers of poor children, pay
of 1855-6 11
Pay'of, 1859 103
Treasurer, election of, 1857 238
Salary of, 1875, p. 292; 1884-5.. 427
Witnesses, payment of, 1851-2 . . . 450
Decatur County Academy.
Commissioners and incorporation,
1829 10
Incorporation of 1838 8
Trustees increased, 1840 3
Deepstep.
Charter, 1900 279
Deepwater Railroad Co.
Act incorporating, 1886 156
DeKalb City Court.
Abolished, 1898 322
DeKalb County.
Academy, incorporation of, 1825, 15
Boundaries of, readjusted, 1823. . . 56
Camp Ground church incorpo-
rated, 1835 '. 111
Cherokee Indians' land added to,
1828 88
Clerk county commissioners, com-
pensation, 1895 341
Constables, pay of, 1871-2 237
County commissioners, board
created, 1886, 25S
Act 1886 sec. 1, repealed, Vol.
II., 1890-1 930
Board abolished, 1896 274
How chosen, Vol. II., 1890-1 905
Number, election, etc., Vol. II.,
1890-1 930
Commutation tax for 1889 1225
Criminal court organized, 1873... 240
Division into districts, Vol. II.,
1890-1 905
Ebenezer, incorporation of, 1835, 111
Elections, place of holding, 1830 101
Election districts, 1831 125
Game protection,' 1874 289
De-Do
INDEX.
276
LOCAL LAWS.
DeKalb County — Continued.
Gwinnett, part of added to, 1828,
p. 54; 1829 30
Jurors, per diem of, 1871-2. < 236
Line between DeKalb and Fulton
changed, 1853-4, p. 311; 1855 6 127
Between Fayette and DeKalb
changed, 1841 62
Between Gwinnett, DeKalb and
Rockdale changed, 1875 272
Between Henry and DeKalb
changed, 1872 408
Between Milton and DeKalb
changed, 1859 271
Between Newton and DeKalb
changed, 1849-50 132
Between Newton and DeKalb
defined. 1826 62
Liquor, manufacture and sale,
election on, 1884-5 524
Manufacture, sale, etc., pro-
hibited, 1887 854
Sale restricted, 1875, p. 337;
1876 p. 197; 1877, p. 333;
1880-1 617
Methodist church incorporated,
1830 69
Ordinary to pay teachers of poor
children, 1855-6 315
Organization of, 1822 21-23
Part of, added to Campbell, 1828, 56
Added to Cherokee, 1831 74
Part of Cherokee Nation added
to, 1827 99
Part of, organized into Fulton,
1853-4 300
Poor schools, teacher's pay, 1851-2 337
Road laws, 1859, p. 359; 1878-9... 393
Act 1879 repealed, 1880-1 640
Road law enacted, 1889 1225
Sheriff, pay for boarding persons,
1893 360
Site of public buildings, 1823 169
Summerville Academy, incorpora-
tion of, 1836 10
Teachers for poor children, 1855-6 315
Treasurer, compensation, Vol. II.,
1890-1 929
Treasurer and sheriff, compensa-
tion of, 1876 363
Wesley chapel camp ground
church incorporated, 1835 . . . Ill
DeKalb County Academy.
Incorporation act amended, 1826. . 5
DeKalb Criminal Court.
DeKalb criminal court organized,
1873 240
Jurisdiction of justices extended,
1877 79
DeKalb Manufacturing Co.
Incorporation of, 1832 82
Delhi.
Liquor, sale prohibited, 1880-1... 618
Demorest.
Act incorporating city, 1889, p.
1888; Vol. II., 1890-1 843
Corporate limits denned, 1900 277
Dangerous structures, removal of,
1897 184
Public schools, 1897 . 184
Sales for taxes confirmed, 1897. . . 184
Sidewalks, 1897 184
Tax for city, how collected, 1897, 184
Dennard.
Act incorporating town, Vol. II.,
1890-1 862
DeSoto.
Act incorporating town, 1851-2, p.
422; 1889 944
Sec. 8 repealed, 1882-3 313
Act re-incorporating town, 1880-1, 455
Charter amended, 1876 164
Repealed, 1888 264
Commissioners, names o£ 1870.. 186
Liquor, sale prohibited, 1895.... 213
Tax exemptions, 1884-5 384
DeSoto Manufacturing Co.
Act incorporating, 1869 115
DeSoto Mining Co.
Act incorporating, 1855-6 448
Dexter.
Act incorporating town, Vol. II.,
1890-1 685
License tax, 1899 169
Mayor and aldermen, powers of,
1899 169
Dickey.
Charter, 1900 281
Diligent Firemen of LaGrange.
Act incorporating, 1857 . . . 201
Direct Trading and Navigation Com-
pany, of Georgia.
Act incorporating, 1861 8
Direct Trade Union of the Patrons
of Husbandry.
Act incorporating, 1874 314
Steamers, etc., power to pur-
chase, 1877 194
Doboy Island.
Harbor rules and regulations, 1838 96
Sick seamen, masters to provide
for, 1838 95
Doboy Steam Mill and Lumber Co.
Incorporation of, 1838 238
Dodge County.
Beef, mutton, etc., sale of regu-
lated, 1884-5 650
Bridges, appropriation for, 1887.. 794
277
INDEX.
Do
LOCAL LAWS.
Dodge County — Continued.
County court created, 1876 69
Abolished, 1880-1, p. 571;
1899 355
Re-established, 1878-9 373
County site, location of, 1870 .... 18
Farm products, buying and selling
prohibited, 1872 484
Game law for, 1893 391
Insolvent tax ft. fas., sale of, 1884-5 434
Jurors, compensation of, 1876 .... 364
Line between Dodge and Telfair
changed, 1872, p. 408; 1875... 275
Between Pulaski and Dodge
changed, 1874, p. 374; 1876.. 308
Liquor, manufacture and sale of,
1889 1340
Liquor license, 1875, p. 330; 1878-9.
p. 383; 1880-1 613
How granted, 1870 330
Organized out of Telfair, Pulaski
and Montgomery, 1870 18
Part of. added to Pulaski 1871-2,
p. 305; 1874 .' 374
Public school system established,
1872 490
Public school system regulated,
1877 348
Act 1877 repealed, 1878-9 403
Registration law for, 1884-5 626
Registration after books closed,
1887 778
Doerun.
Charter of, 1899 170
Donalsonville.
Incorporation of town, 1897 186
Dollar Savings Bank of Atlanta.
Act incorporating, 1870 95
Capital stock, increase of, 1872. . . 91
Name changed to Atlanta Sav-
ings Bank, 1874 237
Dollar Savings Bank of Fort Valley.
Act incorporating, 1871-2 147
Dooly.
Temporary site of, 1822 122
Dooly County.
Academical and poor school fund
consolidated, 1827 6
Berien made county seat, 1841... 70
Bethlehem M. E. camp ground in-
corporated, 1843 78
Bristol Male and Female Institute
incorporated, 1838 8
County commissioners, board
created, 1873, p. 242; 1878-9, 340
Abolished, 1876', p. 273; 1884-5. 429
Pay of commissioners, 1882-3. . . 499
County court established, 1892 ... 227
Abolished, 1878-9 372
County site, change of 1839, p.
213; 1840 '. 149
Drayton, name of county site
changed to, 1833 32^
Elections, 1826 93
Election districts established.
1824, p. 64; 1825, p. 107;
1829 81
Farm products, buying and sell-
ing prohibited, 1872 484
Fish, poisoning prohibited,
1853-4 338
Jurors, compensation of, 1872, p.
486: 1875, p. 95; 1876 364
Per diem of. 1871-2 240
Line between Dooly and Houston
changed, 1853-4, p. 315; 1855-
1856 130
Between Dooly and Pulaski
changed, 1860, p. 144; 1865-6. 48
Between Dooly and Macon
changed, 1861 102
Between Dooly and Worth
changed, 1855-6, pp. 130, 133;
1875 276
Between Irwin and Dooly
changed, 1855-6 133
Between Macon and Dooly
changed, 1860 142
Liquor, sale prohibited, 1880-1 . . . 599
Part of, added to Lee, 1827 74
Repealed. 1842 64
Part of added to Pulaski, 1826 ... 64
Added to Wilcox, 1857 46
Added to Worth, 1853-4- 308
Poor school laws, 1849-50 150
Public school system established,
1872 490
Act of 1872 repealed, 1873 247
Registration law for, 1888 296
Act 1888 amended, Vol. II.,
1890-1 986
Registration of voters, qualifica-
tions, 1892 ' 246
Removal of county seat, 1835 216
Road laws, 1831, p. 222; 1843 160
Sheriff, bond reduced, 1859 278
Site of public buildings changed,
1823 190
Act of 1823 repealed, 1824 140
Snow Spring M. E. camp ground
incorporated, 1843 78
Stock law for first parts of 2d
and 9th D. G. M., 1889 1262
Tax receiver and collector consoli-
dated, 1839, p. 43; 1875 284
Offices separated, 1851-2 530
Traveler's Rest Academy, act re-
pealed, 1838 8
Dooly County Academy.
Incorporation of, 1825 7
Doraville.
Act incorporating, 1871-2 104
Do
INDEX.
278
LOCAL LAWS.
Doraville — Continued.
Liquor license. 1874
Dothan.
Act incorporating, 1882-3
191
305
Dougherty County.
Aid to Georgia and Florida Rail-
road, 1855-6 184
Birds and game protected, 1874.. 400
Bonds for bridge across Flint
river, 1870, p. 480; 1878-9 397
Bridge over Flint river, purchase
of, 1880-1 532
Clerk superior court and treasurer
consolidated, 1876 325
Convicts, farming out, 1877 301
Work on streets, 1877 301
Costs in misdemeanor cases, 1894 272
County commissioners, act 1871
made applicable to, 1872 424
Appointed when, 1873 246
Compensation of, 1880-1 542
Election, terms, etc., Vol. II.,
1890-1 925
Salary, Vol. II., 1890-1 911
County court abolished, 1872, p.
408; 1897 525
Executors guardians, etc., returns
of, 1853-4 333
Extra tax, Act 1872 repealed, 1873 246
For bridge at Albany, 1870 457
For county purposes, 1872.... 408
Farm products, buying and selling
prohibited, 1872 484
Fences west of Flint river, 1882-3 632
Fines and forfeitures, disposition
of. 1874 363
Game protection, 1874 . . 400
Insolvent costs, payment of, 1872, 474
Juries, lists, drawing, etc., 1875.. 49
Compensation of jurors, 1875 . . 49
Jurors, compensation of, 1855-6,
p.. 493; 1857, p. 273, 275:
1859, p. 365; 1875, p. 94; 1876 364
Line between Worth and
Dougherty changed, 1853-4, p.
314; 1855-6 133
Ordinary, bond increased, 1872.. 427
Organized out of Baker, 1853-4. . . 296
Patrol laws, 1860 207
Poor school fund, 1855-6 309
Sheriff's bond, 1898 365
Bond increased, 1872 247
Fees for summoning jurors,
1859 365
Tax collector made ex officio,
1876 325
Stock law west of Flint River,
1886 301
Douglas.
Bonds for public schools, 1900... 284
Charter, 1895 213
City court of, established, 1897. . . 448
Extension of corporate limits,
1900 284
Incorporation of city, 1897 191
New charter for, 1899 177
Public school system, 1899 454
Douglas County.
Camp hunting prohibited, 1876... 326
Commissioners for, 1876 273
Vacancies in office, 1876 273
County commissioners, board cre-
ated, 1875 p. 251; 1900 168
Abolished, 1878-9 338
Compensation of, 1880-1 549
Sale of county property, 1880-1. 549
Statement to be rendered by,
1880-1 549
Ordinary to lay statement be-
fore grand jury, 1880-1 549
County court created, 1884-5 .... 454
Abolished, 1886 273
County site, permanent location
of, 1874 390
Courthouse square changed,
1880-1 531
Consolidation of clerk and treas-
urer, Acts 1875, 1877 repealed,
1880-1 513
Criminal court created. 1876 .... 70
Gates across roads, 1880-1 534
Jurors, pay of, 1873 274
Line between Carroll and Doug-
las changed, 1874, p. 371;
1877 273
Between Cobb and Douglas
changed, 1874 371
Liquor, sale regulated, 1876 326
Sale restricted, 1882-3 596
Liquor license, 1875 33W
How granted, 1875 330
Local option act, 1884-5 531
Officers, pay for extra services,
1873 247
Organization out of Campbell and
Carroll, 1870 13
State school fund, 1895 420
Tax collector, ex officio sheriff,
1876 350
Treasurer, clerk of the superior
court is ex officio , 1877, p. 287;
repealed, 1880-1 513
Tax collector is ex officio, 1875,
p. 285; repealed, 1880-1 513
Douglasville.
Act incorporating town, 1875 .... 162
Extension of corporate limits,
1897 195
License tax, 1899 176
Dow Law Bank.
Act incorporating, 1888 85
279
INDEX.
Do-Ea
LOCAL LAWS.
Douglasville Banking Co.
Act incorporating, 1886 71
Drayton.
Compensation of owners on
change of county site, 1839, 213
Dublin.
Act incorporating town, 1812, p.
94; 1882-3 343
New charter, 1893 2
Commissioners appointed, 1849-50, 389
Duties, etc., 1819 (Lamar's
Comp.) 232
Election, 1820 103
Corporate limits, 1820 103
Incorporation of town of (see
"Act incorporating above")
1812 94
Main street, used by certain rail-
road, Vol. II., 1890-1 841
New charter for, 1893 210
Act of 1883 repealed, 1893 210
Public buildings of county located
in, 1811 133
Public schools, support of, 1887, 833
Streets used by railroads, 1889.. 893
Dublin Academy.
Incorporation of, 1843 86
Dublin, Blackshear and Southern
Railroad Co.
Act incorporating, 1889 382
Dublin Manufacturing Co.
Act incorporating, 1868 75
Dublin Mills.
Act incorporating, 1874 266
Dublin Telegraph Co.
Act incorporating, 1878-9 247
Duluth.
Act incorporating town, 1876 141
Liquor, sale of. 1877 160
Sale prohibited, 1874 211
Dupont.
Act incorporating town, 1874, p.
156; 1884-5 315
New charter for, 1889 1056
Dupont, Decatur. Alabama and Flor-
ida Air Line Railroad Co.
Act incorporating, 1887 196
Dupont, Macon and Florida R'y. Co.
Act incorporating, 1887 153
Eagle and Phoenix Manufacturing
Co., of Columbus, Ga.
Act incorporating, 1865-6 143
Directors, number of, 1886 217
Savings department established
by, 1873 173
East and West Railway Co.
Act incorporating, Vol. I., 1890-1, 422
East Tenn., Va. and Ga. R'y. Co.
Street in Macon, occupancy legal-
ized, 1892 176
Side track to Rome Brick Co.,
Vol. I., 1890-1 332
Right of way therefor, Vol. I.,
1890-1 332
Eastern and Western Transporta-
tion Company.
Act incorporating, 1875 219
Eatonton and Branch Railroad.
Consolidation with Central Rail-
road and Banking Co., 1859. . 316
Economical Banking Co.
Act incorporating, Vol. II., 1890-1, '354
Early County.
Blakely made county site, 1826, 174
Books to be sent to, 1851-2 451
City court established, 1900 131
Countv commissioners, board cre-
ated, 1876 274
Oath, eligibility, term, etc., 1877 255
County court created, 1887 688
Abolished, 1900 152
Decatur county laid out, 1823 .... 63
District election, 1827 96
Elections, 1826 91
Regulated, 1822, p 44; 1823.. 70
Election districts, 1831 125
Election managers, pay of, 1884-5, 643
Election superintendent, compen-
sation, 1857 246
Extra tax for support of poor,
1865-6 44
Farm products, buying and selling
prohibited, 1872 484
Jail, bond for building, Vol. II.,
1890-1 1078
Jurors, pay of, 1872, p. 486; -1875, 94
Per diem of, 1871-2 240
Land attached to Early county,
1859 267
Line between Baker and Early
changed, 1859, p. 266; 1874.. 370
Between Calhoun and Early
changed, 1876 303
Between Early and Clay chang-
ed, 1859 268
Between Early and Miller
changed, 1859, p. 271; 1862-3,
p. 208; 1865-6, p. 48; 1874.... 373
Liquor, sale restricted, 1882-3 . . 550
Ordinary, qualification, etc., 1859. 278
Organization of. 1819 (Lamar's
Comp.) 236
Part of, added to Calhoun, 1853-4, 284
Added to Clay, 1853-4 292
Added to Miller. 1855-6 114
Part of, organized into Baker,
1825 61-65
Poor-schools, teachers' pay, 1851-2 338
Ea
INDEX.
280
LOCAL LAWS.
Early County — Continued.
Poor-school fund and academical
fund consolidated, 1829 11
Road laws, Act 1859 repealed,
1861 121
Road tax, 1859 367
Seed cotton, sale prohibited,
1884-5 638
Sheriff, bond reduced, 1880-1 521
Smithville Academy, fund re-
moved to Fort Gaines, 1831 . . 16
Spring Creek, obstructions prohib-
ited, 1866 161
Tax defaulters, 1851-2 534
Tax receiver and collector consol-
• idated, 1837 75
Temporary sites, settlement of,
1823 57
Timber, illegal cutting and haul-
ing off, 1857 250
Early County Academy.
Commissioners for, appointed,
1821 137
East Thomaston.
Charter of village, 1900 287
Eastman.
Act incorporating town, 1870, p.
187: 1871-2 105
Business tax, 1894 167
Corporate limits changed, 1875 . . 163
Extension of corporate limits,
1878-9, p. 321; 1889 825
Jail fees, county loan for, 1889. . . 823
Liquor, sale, act 1879 repealed,
1882-3 563
Liquor license, 1880-1
Live stock of nonresidents, not im-
pounded, 1898 174
Mayor and aldermen, election of,
1880-1 440
Public school system established,
1894 249
Punishment of offenders, 1884-5, 351
Qualifications of voters, 1880-1 . . 440
Eastman and Americus Air Line
Railroad Co.
Act incorporating, 1887 283
East Point.
Act incorporating town, 1887 .... 488
New charter, Vol. II., 1890-1... 736
Convicts, working on Pulton
county chain gang, 1893 .... 218
Liquor, sale prohibited, 1875 342
New charter for, Vol. II., 1890-1. . 736
School bonds authorized, 1893 422
East Point Jug Factory.
Act incorporating, 1870 241
East Rome.
Act incorporating town, 1882-3 . . 4
Extension of corporate limits,
1897 195
Public school system established,
1900 286
Voters property qualifications
stricken, Vol. II., 1890-1 600
Eatonton.
Act incorporating town, 1809
(Clayton's Comp.) 551; 1878-9,
Amended charter, 1816 96
Amendment of Act of 1809, 1819
(Lamar's Comp.) 1035
Assessments for streets, Vol. II.,
1890-1 900
Bonds for schoolhouse, 1887 839
Condemnation for streets, Vol. II.,
1890-1 900
Corporate limits defined, 1827... 189
Extension of corporate limits,
1825, p. 179; 1851-2 424
Marshal, election of, Vol. II.,
1890-1 900
Public school system established,
1882-3, p. 273; 1892 164
Punishment of offenders, Vol. II.,
1890-1 900
Streets, paving of, Vol. II., 1890-1, 900
Schoolhouse for, 1887 839
Tax officers, 1872 195
Eatonton Academy.
Incorporation of, 1816 18
Funds of Union Academy, to be
invested in, 1816 18
Eatonton and Athens Railroad Co.
Act incorporating, 1887 186
Eatonton and Covington Railroad Co.
Act incorporating, 1853-4 422
Eatonton and Hog Mountain Railroad
Co.
Act incorporating, 1855-6 173
Eatonton and Machen Railroad Co.
Act incorporating, 1889 227
Directors, number increased, Vol.
I., 1890-1 250
Name changed to Middle Georgia
and Atlantic Railway Co.,
1889 281
Eatonton and Madison Railway Co.
Act confirming charter, 1887 .... 171
Act incorporating, 1859 314
Eatonton and Monticello Railroad Co.
Act incorporating, 1853-4 424
Eatonton and Union Point Railroad
Co.
Act incorporating, 1870 313
Eatonton Branch Railroad Co.
Act incorporating, 1849-50 240
Eatonton Library Society.
Incorporation of, 1818 (Lamar's
Comp.) 840
281
INDEX.
Ea-Effi
LOCAL LAWS.
94
67
30
Eatonton Railroad Co.
Incorporation of, 1838 191
Eatonton Turnpike Co.
Incorporation of, 1822
Ebenezer.
German Lutheran congregation,
selling of land by, 1808
Sale of lots for, 1820, p. 33; 1821
Ebenezer Church and Camp Ground.
Act incorporating, 1851-2 370
Echols County.
County commissioners, board
created, 1873, p. 231; 1893... 360
Abolished, 1884-5 438
Farm products, sale regulated,
1876 320
Firing woods, 1859 289
Fish, seining prohibited, 1877 310
Jurors, compensation of, 1875.... 95
Jurors and bailiffs, per diem of,
1877 105
Line between Lowndes and
Echols changed, 1860, p. 141;
1877 276
Liquor, sale restricted, 1877 188
Sale prohibited, 1882-3 612
Liquor license, 1875 330
How granted, 1875 330
Public school system established,
1872 490
System regulated, 1877 348
Registration law for, Vol. II.,
1890-1 983
Book to be kept open, 1893 399
School fund, 1865-6 52
Tax collector ex officio sheriff,
1877 284
Tax for educational and county
purposes, 1868 163
Tax collector and receiver's office
consolidated, 1860 149
Edenton.
Act 1852, sec. 3, repealed, 1853-4. 243
Edgewood.
Incorporation of, 1898 175
Effingham County.
Academy commissioners, 1820 . . 94
Name of, changed, 1841 10
Act establishing, 1884-5 483
Act of 1849 relative to Chatham
extended to, 1851-2 440
Antioch M. E. church incorpo-
rated, 1851-2 361
Clerk of county court, 1895 372
County commissioners, board
created, 18712 225
County court established, 1893 . . 383
Abolished, 1892 228
Courthouse, extra tax for build-
ing, 1816 106
Removal, election 1872 417
Criminal court established, 1875.. 75
Domestic wines, Vol. II., 1890-1.. 1055
Ebenezer creek, navigation of,
1853-4 470
Effingham camp ground incorpo-
rated, 1843 78
Election superintendents, clerks,
etc.,' 1855-6 409
Fees of magistrates and con-
stables, 1851-2 440
Fishing and hunting, 1884-5 496
Fraudulent surveys prohibited
1855-6 494
Game law amended. 1886 282
Goshen Wesleyan Methodist Epis-
copal church incorporated,
1838 54
Hunting, fishing, etc., Vol. II.,
1890-1 954
Insolvent costs, payment of, 1876. 365
How paid, 1877 288
Jurors, per diem of, 1876 365
Line between Effingham and Chat-
ham changed, 1849-50 128
Liquor license, 1872, p. 417; 1880-1,
p. 597; 1893 474
Act 1881 amended, Vol. II.,
1890-1 1066
Act 1872 repealed, 1877 333
License, how obtained, 1877. . . . 333
Officers, compensation of, 1876.. 365
Extra pay denied, 1877 288
Patrol laws, 1860 208
Poor school fund, 1824 10
Public roads, building and repair-
ing, 1806 10
Registration law for, 1884-5 627
Registration law of 1885, repealed,
1886 287
Road laws, 1803 (Clayton's
Comp.) p. 110; 1807 (Clay-
ton's Comp.) p. 384; 1823, p.
132; 1827 p. 162; 1828, p. 137;
1843. p. 160; 1845 185; 1833,
p. 302; 1878-9 390
Sheriff, bond of, reduced, 1853-4.. 327
Springfield incorporated, 1838.... 130
St. Michael's church incorporated,
1838 54
Stock inclosures, 1865-6 52
Tax collector and receiver con-
solidated, 1840 179
Tax collector's and receiver's of-
fices separated, 1843 173
Tax collector and receiver con-
solidated, 1865-6 53
Tuckaseeking Methodist Episco-
pal Wesleyan church incorpo-
rated, 1838 58
Wesleyan Methodist Episcopal
church in Springfield incorpo-
rated, 1838 58
Effi-El
INDEX.
282
LOCAL LAWS.
Effingham County Academy.
Commissioners for, 1821 132
Trustees, election of, 1857;, p. 138;
1855-6, p. 300; 1887 929
Effingham Criminal Court.
Judge, who shall preside, 1877... 78
Solicitor, appointment and fees,
1877 78
Effingham Hussars.
Exemption from road duty, 1884-5 639
Elbert County.
Advertising act 1850 repealed,
1851-2 445
Board of commissioners, clerk's
salary, 1899 470
Borrow money, commissioners
may 1897 390
City court of, abolished, 1896 286
Clerk of superior court, ordinary
may act as, 1875 285
County commissioners, board
created, 1875 253
Compensation, 1882-3 509
Clerk and his salary, 1882-3 509
County court abolished, 1894 216
Courthouse, act for building of,
1816 107
Dividing line, ascertainment of,
1806 ! 3
Division line. 1807 (Clayton's
Comp.) 401
Drainage, 1895 406
Election districts established,
1825, p. 102; 1827 91
Election, superintendent, compen-
sation, 1857 246
Eudisco Academy, incorporation
of, 1823 28
Extra tax for county purposes,
1865-6 44
Farm products, sale regulated.
1876 331
Female Academy incorporated,
1841 5
Jail, extra tax for building, 1807
(Clayton's Comp.) p. 423;
1834 234
Jurors, compensation, Act 1849
repealed, and Act 1841 re-
vived, 1853-4 476
Line between Elbert and Hart
changed 1855-6, p. 125, 129;
1859, p. 269; 1875 271
Liquor, distilling prohibited, 1897 558
Fees for retailing, 1858 159
Keeping for illegal sale, 1895.. 398
Sale prohibited, 1845 112
Sale restricted, 1876, p. 198, 202;
1877 334
Local option act, 1884-5 520
Methodist Episcopal camp meet-
ing ground incorporated, 1833 44
Obstructions of streams, removal
of, 1895 406
Part assigned to Madison county,
1811 114
Part of, added to Hart, 1853-4 302
Added to Madison, 1819 (La-
mar's Comp.) p. 240; 1837... 69
Philomathea society incorporated,
1823 7
Poor asylum, 1834 42
Practicing medicine without di-
ploma forbidden, 1860 212
Registration law for, 1884-5 615
Law of 1885 repealed. 1886 292
Road laws, 1816, p. 123; 1826, p.
128; 1837 235
Sheriff, pay for summoning tales
jurors denied, 1861 103
Teachers, arrearages due, 1853-4, 147
Ordinary to pay, 1855-6 303
Vann's Creek Baptist church in-
corporated, 1804 (Clayton's
Comp.) 179
Act repealed, 1806 (Clayton's
Comp.) 21
Elbert County Academy.
Acts consolidated, trustees in-
creased, 1828 10
Lottery authorized for building,
1817 (Lamar's Comp.) 18
Sale of property, 1887 823
Elberton.
Act incorporating, 1803 (Clay-
ton's Comp.), p. 144; 1895, p.
217; 1896 148
Act for better regulation of, 1824. 131
Act of reincorporation, Act 1803
repealed, 1865-6 276
Annual tax levied for, 1857 175
Bonds for electric lights, 1894 . . 168
For public schools, 1887 830
For redemption of outstanding
bonds, 1882-3 272
For waterworks, 1894 169
Chain gang, 1880-1 422
City court of, established, 1896.. 287
Elberton Air Line Railroad, sub-
scription to, 1874 212
Electric lights and waterworks
for, 1893 219
Female Collegiate Institute, sale
of property, 1887 827
Fire limits established, 1889 960
Incorporation of, 1896 148
Incorporation act amended, 1828. . 169
Limits of, extended, 1808 99
Liquor, sale regulated, 1859 153
Mayor, election, term, etc., 1880-1, 422
Ex officio, a justice of the peace,
1880-1 422
Qualifications, oath, etc., 1880-1 422
283
INDEX.
El
LOCAL LAWS.
Elberton — Continued.
Mayor pro tern., 1880-1 422
Mayor and council, election,
terms, etc., 1898 179
Mayor's court, punishments, etc.,
1880-1 . ..' 422
New charter for, 1895 217
Oath of mayor and councilmen,
1880-1 422
Officers, election of, 1898 179
Public school buildings for, 1887. 830
Punishment for contempt, 1880-1. 422
Punishment of offenders, 1866. . . . 186
Regulation and government of,
1803 (Clayton's Comp.) 144
(See "Act Incorporating," above.)
School bonds, Vol. II., 1890-1 1010
Tax for street purposes Vol. II.,
1890-1 529
Vacancies in office, 1898 179
Waterworks and electric lights,
Vol. II., 1890-1 530
Elberton Air Line Railroad Co.
Act incorporating, 1871-2 184
Bond issue, 1875 220
Issue authorized, 1887 262
Capital stock, 1875 220
Carnesville, stock and bonds, aid
of, 1874 209
Elberton's subscription to. 1874.. 212
Lease to other roads, 1887 262
Lease or purchase of other roads,
1880-1 303
Power to make contracts, 1875 . . 220
Purchase of rolling stock, 1875. . . 220
Union with other roads, 1880-1.. 303
Elberton and Petersburg Railroad Co.
Act incorporating, 1880-1 334
Elberton and Point Peter Railroad Co.
Act incorporating, 1880-1 332
Elberton Female Academy.
Incorporation of, 1826 7
Elberton Female Collegiate Institute.
Act incorporating, 1855-6 284
Elberton Loan and Savings Bank.
Act incorporating, 1886 75
Elberton Male Academy.
Act incorporating, 1855-6 292, 330
Elberton Railroad Co.
Charter, 1847 150
Electric Railway Company of
Savannah.
Act incorporating, Vol. I., 1890-1. . 248
Amended, 1893 139
Bonds, power to issue, 1893 139
Capital stock, increase of, 1893 . . 139
Consolidation with other compa-
nies, 1893 139
Director '"Tannin's" name
changed to "Fannin." 1893 139
Forfeiture of charter, 1893 140
Sale of increased capital stock,
1893 140
Elgin Slate Co.
Act incorporating, 1870 241
Elizabeth.
Act incorporating town, 1884-5... 377
Elko.
Act incorporating town, Vol. II.,
1890-1 836
Ellaville.
Act incorporating town, 1859 .... 154
New charter for, 1882-3 360
Ellijay.
Act incorporating town, 1834, p.
250; 1840, p. 102; 1873 p. 153;
1882-3 277
Animals running in streets, Vol.
II., 1890-1 898
Baptist church incorporated,
1853-4 199
Bond for school building, 1897 196
Chain gang, Vol. II., 1890-1 898
Commutation and pardon, Vol. II.,
1890-1 898
"December" substituted for "Sep-
tember," in Act of 1887, 1899. 196
Financial statement, semi-annual,
1900 297
Health ordinances, Vol. II., 1890-1 898
Incorporation of, 1834, p. 250;
1840 102
Mayor and councilmen, 1887 584
Punishment of offenders, Vol. II.,
1890-1 898
Sidewalks improvement of, Vol.
II., 1890-1 898
Street railroad bridges, 1889 1078
Street tax, 1887 584
Street working and tax, Vol. II.,
1890-1 898
Taxes, etc., Vol. II., 1890-1 898
Trustees of Ellijay Institute, 1897 196
Ellijay Gold and Iron Mining Co.
Act incorporating, 1862-3 75
Ellijay Loan and Banking Co.
Act incorporating, Vol. II., 1890-1, 141
Ellijay Mining Company of Georgia.
Act incorporating, 1865-6 162
Ellijay Railroad Co.
Act authorizing construction,
1853-4 425
Amending charter, 1858 135
Ellijay Street Railway Co.
Act incorporating, 1889 702
Incorporators increased, Vol. I.,
1890-1 310
Ellijay Telephone Co.
Act incorporating, 1886 211
El-Em
INDEX.
284
LOCAL LAWS.
Ellijay Turnpike Co.
Act incorporating, 1834, p. 209;
1849-50 223
Amendment to charter, 1843 75
Emanuel County.
Baptist church of Heaborn in-
corporated, 1834 58
Ben Hill Academy incorporated,
1859 79
Cedar Creek church incorporated,
1849-50 77
Commutation tax, 1889 1244
County commissioners, board
created, 1874, p. 342: 1878-9, p.
350; 1880-1 552
Abolished, 1877, p. 259; 1895... 373
Appointed by grand jury, 1882-3 510
Sheriff's attendance and com-
pensation, 1882-3 510
Courthouse in Swainsborough,
1842 177
Extra tax for, 1853-4 569
Courthouse lot, 1841 70
Domestic wines, sale allowed,
1884-5 538
Education, Act of 1858, part of
sec. 8 repealed, 1859 95
Elections, 1826 95
Election districts, 1830 110
Laid off, 1824 63
Election managers, compensation,
1860 157
Act 1860, repealed, 1862-3 213
Fish, protection, 1857 249
Fishing. Act 1883 repealed, 1884-5 497
Free schools established, 1824 11
Free school fund. 1831 13
Cam Grandy Creek, working of,
1882-3 654
Grazing cattle by nonresidents,
taxes, 1860 156
Haw-Hammack Baptist church in-
corporated, 1851-2 361
Hunting prohibited, 1889 1184
Jurors, compensation of, 1858, p.
189; 1860 157
Act 1860 repealed, 1863-4 92
Per diem of, 1874, p. 364; 1877, 99
Kea's M E. church incorporated,
I860' 74
Laid out, out of Montgomery
and Bulloch, 1812 82
Line between Bulloch and
Emanuel, 1813, p. 32; 1815... 39
Between Emanuel and John-
son changed, 1860, p. 137;
1862-3, p. 60; 1875 273
Between Jefferson and Eman-
eul changed 1855-6, p. 132;
1857 '. 229
Liquor, sale of, Vol. II., 1890-1. . . . 1088
Sale restricted, 1877 189
"Schnapps and Bitters" pro-
hibited, 1882-3 601
Liquor, license and sale, 1874, p.
392; 1875, p. 330; 1876, p. 326;
1877, p. 331; 1887 849
Ohoopee river, navigation of,
1853-4 470,557
Pendleton creek, working of, 1889, 12'
Physicians exempt from jury duty,
1860 212
Poor school fund, 1829, p. 6; 3 8G2,
p. 13; 1834 169
Private ways, mode of obtaining,
1876 327
Public offices, where kept, 1859 . . 279
Public school system established,
1872 490
Act of 1872 repealed, 1873 247
School system re-established,
1889 1321
Registration law for, 1884-5 516
New law for, 1894 220
River commissioner, 1889 1236
River hands, 1889 1236
Road commissioners, Act 1831 re-
pealed, 1877 324
Road hands, appointment of, 1877 324
Road laws, 1831 211
Commutation tax, 1889, 1244
County road fund, 1889 1244
Superintendent of roads, 1889 . . 1244
Tax, ad valorem, 1889 1244
Sale of lands in Swaynesboro,
1833 338
Sale of old courthouse and jail,
1815 70
School commissioners and ordi-
nary, rights of, 1853-4 150
Schools in, changed to common
school system, 1842 138
Sheriff, bond of, reduced, 1853-4. . 324
Site of public buildings fixed, 1814 6
Site made permanent, 1822. ... 126
Summerville Academy incorpo-
rated, 1855-6 298
Swainsboro made county seat,
1853-4 269
Tax collector, ex officio sheriff,
1876 350
Emerson.
Act incorporating city, 1889 .... 976
Mayor and aldermen, election of,
1892 211
Wards, number of, 1892 211
Emory Academy.
Act incorporating, 1851-2 361
Emory College.
Act incorporating, 1836 99
285
INDEX.
Em-Ex
LOCAL LAWS.
Emory College — Continued.
Act 1836, sees. 1 and 7, repealed,
1870 383
Incorporation of, 1836 99
Trustees, appointment of, 1870 . . 383
Bishops made members, 1893.. 478
Election, powers, etc., 1886.... 311
Trustees increased, 1886, p 311;
Vol. II, 1890-1 .' 1012
Vacancies, how filled, 1870 p.
383: 1886, p. 311; Vol. ' II.,
1890-1 1012
Empire and Dublin Railroad Co.
Act incorporating, 1888, p. 143;
1889 291
Empire Building, Loan and Trust Co.
Act incorporating, 1889 644
Empire Iron Company, of Rome,
Georgia.
Act incorporating, 1875 202
Empire Mills Telegraph Line.
Act incorporating, 1889 739
Empire Mutual Accident Association,
of Atlanta.
Act incorporating, Vol. I, 1890-1. . 481
Empire Slate Works.
Act incorporating, 1870 242
Empire State Bank.
Act incorporating, Vol. II., 1890-1. 368
Empire State Coal and Iron Mining Co.
Act incorporating, 1862-3 76
Capital stock, increase of, 1865-6. 164
Office at Chattanooga, 1866 103
Empire State Insurance Co.
Act incorporating, 1863-4 31
Confederate and Marine Insur-
ance, name changed to, 1865-6 119
Empire State Manufacturing Co.
Act incorporating, 1865-6 146
English-American Loan and Trust Co.
Act incorporating, Vol. II., 1890-1, 104
Enterprise Bank of Macon.
Act incorporating, 1875 131
Enterprise Manufacturing Co.
Act incorporating, 1873 173
Enterprise Railroad Co.
Act incorporating, 1859 329
Enterprise Street Railroad Company,
of Savannah.
Act incorporating, 1889 682
Etowah.
Incorporation of, 1833 331
Name of, changed to Canton, 1834 263
Etowah Academy.
Trustees increased, 1847 14
Etowah and Auraria Hydraulic Hose
Mining Co.
Act incorporating, 1859 252
Capital stock, increase of, 1865-6, 164
Etowah and Battle Branch Hydraulic
Mining Co.
Act incorporating, 1859 246
Etowah and Blue Ridge Railroad Co.
Act incorporating, 1880-1 340
Etowah Canal and Waterworks Co.
Act incorporating, 1869 102
Etowah Manufacturing Co.
Act incorporating, 1868 72
Etowah Manufacturing and Mining
Co.
Act incorporating, 1855-6 451
Etowah Railroad Co.
Charter, 1847 185
Etowah River.
Obstructions to fish, 1833 256
Navigation of, 1847 273
Etowah River Gold Mining Company,
of Georgia.
Act incorporating, 1868 88
Etna.
Act incorporating, 1892 177
Etna Manufacturing Co.
Act incorporating, 1872 300
Etna Railroad Co.
Act incorporating, Vol. I., 1890-1, 303
Eudisco Academy.
Incorporation of, 1823 28
Euharlee.
Act incorporating, 1870 188
Euharlee Church.
Act incorporating, 1851-2 370
Euharleyville.
Act incorporating, 1851-2 424
European and American Transpor-
tation Co.
Act incorporating, 1872 378
Evangelical Synod, of Georgia.
Act incorporating, 1862-3 191
Evergreen Cemetery Company, of
Bonaventure.
Act incorporating, 1871-2 204
Incorporation of, 1847 136
Excel Line Steamboat Company, of
Georgia,
Act incorporating, 1858 135
Excelsior Bank, of Savannah.
Act incorporating, Vol. II, 1890-1 209
Excelsior Gaslight Co.
Act incorporating, 1872 302
Excelsior Slate Mining Co.
Act incorporating, 1871-2 173
Ex-Fa
INDEX.
286
LOCAL LAWS.
Exchange Bank.
Act incorporating, Vol. II., 1890-1, 68
Exchange Bank of Albany.
Act incorporating, Vol. II., 1890-1, 76
Exchange Bank of Athens.
Act incorporating, 1886 93
Directors as stockholders, Vol. II.,
1890-1 244
Capital stock increase of, Vol. II.,
1890-1 ..'. 244
Exchange Bank, of Forsyth.
Act incorporating, Vol. II., 1890-1, 351
Exchange Bank, of Fort Valley.
Act incorporating, 1888 75
Exchange Bank, of Macon.
Act incorporating, 1871-2, p. 149;
Vol. IT., 1890-1 129
Capital stock, reduction of, 1877. 132
Vice-president, election of, 1887.. 337
Exchange Bank of the City of
Savannah.
Act incorporating, 1853-4 164
Exchange Bank of the State of
Georgia.
Act incorporating, 1855-6 45
Fai'rburn Banking Co.
Act incorporating, Vol. II., 1890-1, 292
Fannin County.
Conntv commissioners, board
created, 1895 342
Abolished, 1898 365
Countv site changed to Blue
Ridge, 1895 420
County treasurer, election of by
people, 1855-6 404
Deer protected, 1870 446
Election of school trustees, 1857, 250
Fish, protection of, 1895 404
Jurors, per diem of, 1855-6 490
Jury, compensation of, 1857 275
Line between Gilmer and Fannin
changed, 1860, p. 144; 1870.. 29
Between Murray and Fannin
changed, 1855-6 132
Liquor, sale of, 1889, pp. 1340, 1341 1373
Obstructions in Toccca river,
1876 388
Organized out of Gilmer and
Union, 1853-4 298
Public schools, 1859 91
Trustees, election, duties, etc.,
1859 91
Public school system established,
1872 490
Road laws, 1872 418
School districts, 1855-6 313
Treasurers for each district,
1855-6 313
Sheriff, bond reduced, 1873 254
Stock driving and grazing re-
stricted, 1861 104
Tax collector ex officio sheriff,
1877 284
Tax collector and receiver's of-
fice consolidated, 1855-6 407
Tax collector and county treas-
urer consolidated, 1876 327
Consolidation act repealed,
1882-3 491
Toccoah river, obstructions pro-
hibited, 1861 105
Treasurer, election of, 1859...... 276
Trustees for school districts,
1857 153
Farmers' Academy.
Incorporation of, 1822 5
Name of, changed, 1823 21
Farmers' and Merchants' Bank of
Georgia.
Act incorporating, Vol. II., 1890-1, 298
Farmers' and Merchants' Bank of
Hartwell.
Act incorporating, Vol. II., 1890-1, 403
Farmers' and Merchants' Bank of
Senoia.
Act incorporating, 1874 237
Farmers' Bank of Chattahoochee.
Incorporation of, 1830 26
Farmers' Bank of Western Georgia.
Act incorporating, 1870 96
Farmers' Banking Co.
Administrator, executor, etc.,
power to be Vol. II., 1890-1. . 173
Capital stock, Vol. II., 1890-1 173
Debenture bonds, etc.. Vol. II.,
1890-1 173
Deposits, trusts, etc., Vol. II.,
1890-1 173
Guaranty powers, Vol. II., 1890-1. 173
Interest on loans, Vol. II., 1890-1. 173
Payments for stock, Vol. II., 1890-1 173
Stock certificates and transfers,
Vol. II., 1890-1 173
Farmers' Banking Company of
Spalding County.
Act incorporating, 1889 528
Farmers' Banking, Loan and Trust
Company of Jackson County.
Act incorporating, 1889 614
Farmers' Mutual Loan and Banking
Company of Covington.
Act incorporating, 1873 93
Farmers' Railroad Co.
Incorporation of, 1347 188
Fairburn.
Act incorporating town, 1853-4... 244
Act 1854 in full force, 1866 186
Act of 1854 repealed, 1897 199
New charter, 1875, p. 164; 1897, 199
Commissioners, powers to tax,
1866 186
287
INDEX.
Fa-Fi
LOCAL LAWS.
Fa i r b u rn — Continued.
Extension of corporate limits,
1875, p. 164; 1889 882
Liquor sales, 1866 186
Name "mayor and council of the
town of Fairburn," 1875 164
New charter for, 1875, p. 164;
1897 199
Public academy for, 1889 1302
Tax on billiard tables, etc., 1866. . 186
Fairmart.
Incorporation of town, 1897 210
Fairmount.
Liquor, sale prohibited, 1874 212
Fairmount and Augusta Railroad Co.
Act incorporating, 1888 180
Fairmount Valley Railroad Co.
Act incorporating, 1889 318
Branch road to R. & D. R. R., 1889 384
Crossing tracks of other roads,
Vol. I., 1890-1 373
Fayette County.
Act 1823 in part repealed, 1827. . . 188
Act 1872, sec. 12, repealed, 1874. . 343
Churches, laying off lots, act for,
1825 51
Commissioners, election, quorum,
etc., 1872 196
Salary of, 1872 196
County commissioners, board
created, 1872 418
Election by people, 1889 1135
Election districts. 1825, pp. 95, 96;
1827, p. 88; 1828, p. 80; 1830,
p. 86; 1831 125
Farm products, Act of 1872 made
applicable to, 1873 290
Fayetteville made county seat,
1823 78
Gaulding Lodge No. 215 incorpo-
rated, 1858 123
Hopewell Academy incorporated,
1855-6 295
Insolvent costs, payment of, 1873, 248
Jurors, per diem of, 1871-2, p. 240;
1872 486
Lawful fences, land lines as to,
1882-3 633
Liquor, manufacture prohibited,
1900 170
Local option act, 1884-5 519
Line between Campbell and Fay-
ette changed, 1851-2 p. 70;
1853-4, p. 319; 1855-6,' p. 131;
1857, p. 229; 1870 13
Between Fayette and Clayton
changed, 1859 267
Between Fayette and DeKalb
changed, 1841 62
Organization of, 1821 44
Part of, cut off, 1822 21
Added to Campbell, 1828, p. 56;
1870 13
Added to Spalding, 1851-2 58
Public school system established,
1872 490
Road laws, 1833 103
Tax defaulters, 1851-2 534
Treasurer elected by people,
1849-50 390
Fayette County Academy.
Incorporation of, 1836 7
Land conveyed to, 1824 7
Fayette County Dragoons.
Incorporation of, 1832 139
Fayetteville Presbyterian Church
incorporated, 1835 Ill
Fayetteville.
Act incorporating, 1823 p. 178;
1824 '.. 17
Baptist Church of Christ incorpo-
rated, 1851-2 360
Elections, 1865-6 279
Extension of corporate limits,
1849-50 91
Incorporation of, 1823, p. 178;
1824 17
Liquor, sale restricted, 1859 155
Marshal, powers, duties, etc.,
1872 196
New charter for, 1888 221
Finance Banking Company of At-
lanta.
Act incorporating, 1889 660
Act of 1889, amended, 1896 102
Act of 1889, sec. 11, stricken, 1896 102
Debenture coupon bonds, issue of,
1896 102
Liability to creditors, stockhold-
• ers, and depositors, 1896; 102
Fidelity Life and Accident Insur- .
ance Company.
Act incorporating" Vol. I., 1890-1. 478
Fighting Town Mining Company.
Act incorporating, 1853-4, p. 365;
1855-6 437
Finch Mining Company of Cherokee
County, Georgia. . .
Act incorporating, 1855-6 457
Fire Company of the City of Savan-
nah.
Incorporation of 1834 131
Fire Commissioners.
Election, oath, etc., 1896 199
Fire Company of Columbus.
Fire Company No. 1, 1845 103
Exempt from jury duty, 1845 . . 103
Fire Insurance Bank of the State of
Georgia.
Marine and Fire Insurance Com-
pany's name changed to, 1825 33
Fi-Fl
INDEX.
288
LOCAL LAWS.
First State Bank of Dawson, Geor-
gia.
Act incorporating, 1887 332
First Universalist Society of Ma-
con, Georgia.
Incorporation of, 1837 136
First Volunteer Regiment of Geor-
gia.
Act incorporating, 1887 869
Fish Trap Coal Mining Company.
Act incorporating, 1877 221
Fitzgerald.
Abolishment of certain city offi-
ces, 1897 212
Act incorporating, 1896 157
Act of 1896, sec. 4, repealed, 1898. 181
Act of 1897, sees. 2, 4, 5, part of 6,
7, 8, 20, and 22 repealed, 1898 181
Board of education created, 1897. 212
Bonds, election for, 1897 212
Contracts for public buildings,
etc., 1897 212
Incorporation of, 1896 157
Warrants of city, ordinary to issue
and pay, 1897 212
Marshal elected by, people, 1897. . 212
Mayor, vote in case of tie, 1897. . 212
Mayor's court, 1898 181
Misdemeanors, how tried, 1898... 181
Officers of, 1898 181
Election of officers, 1898 181
Public schools, 1897 212
Qualification of voters, 1898 181
Recorder's office abolished, 1898. 181
Salaries of officers 1897, p. 212;
1898 ' 181
School districts, 1897 212
Superintendents of schools, 1897. , 212
Tax, collection of, 1897 212
Tax sales, 1898 181
Treasurer, 1898 181
Vacancies in office, 1898 181
Valuation of property, 1897..' 212
Warrants, sec. 52, Act 1896, re-
pealed, 1898 181
Five Forks.
Charter of, 1899 197
Flat Creek Manufacturing Com-
pany.
Act incorporating, 1874 276
Flat Rock Railroad Company.
Act incorporating, 1870 315
Flat Shoals Manufacturing Com-
pany.
Act incorporating, 1866 8*5
Fletcher Institute.
Sale of real estate, 1868 167
Fletcherville.
Act incorporating, 1855-6 353
Flint River.
Free passage of fish, 1837 . . . .230, 232
Improvement of navigation of,
1835, p. 252: 1838, p. 211; 1847 273
Keen open, act to, 1835 247
Obstructions of, 1832 168
Act to prevent, 1826 158
Removal of, 1820 37
Obstruction to fish, 1845 184
Flint River Manufacturing Com-
pany, of Upson County.
Act incorporating, 1871-2 171
Flint River Steamboat Company.
Incorporation act, 1845 119
Florence.
Incorporation of, 1837 264
Act repealed, 1847 32
Florence Bridge Company.
Incorporation revived and amend-
ed, 1853-4 558
Florida, Dawson, and Northern Rail-
road Company.
Act incorporating, 1889 445
Florida, Midland and Georgia Rail-
road Company.
Charter confirmed, 1887 207
Rights under general law con-
firmed, 1887 207
Flovilla.
Act incorporating, 1884-5 389
Election of aldermen, Vol II.,
1890-1 '. 544
Indian Springs, name changed to,
1884-5 389
Mayor duties, etc., Vol. II., 1890-1 544
Mayor pro tern., Vol. II., 1890-1 544
New charter for, Vol. II., 1890-1.. 533
Flovilla Banking Company.
Act incorporating, Vol. II., 1890-1. 47
Floyd Cavalry.
Act incorporating, 1859 380
Floyd County.
Aid to Georgia and Alabama Rail-
road Company, 1857 251
Armuchy Baptist Church incorpo-
rated, 1853-4 196
Baptist Church at Cedar Creek
incorporated, 1851-2 370
Bonds, authority to issue, 1861... 30
For bridges, 1870 448
For purchasing certain bridges,
1880-1 ~ 540
Chattooga, part of, added to,
1840 35
Cherokee College incorporated,
1849-50 107
Coosa Lodge incorporated, 1851-2 370
County commissioners, board cre-
ated, 1871-2 225
Bonds, issue of, 1873 249
289
INDEX.
Fl-Fo
LOCAL LAWS.
Floyd County — Continued.
Compensation of clerk, 1884-5.. 431
Exclusive authority as to tax,
1873 249
Monthly sessions, 1873 249
Obstructions on private ways,
1884-5 431
Per diem' of members, 1873 .... 249
Commissioners of public roads,
1884-5 555
Powers and duties, 1884-5 555
County court abolished, 1878-9, p.
372; 1882-3 534
County site changed to Rome,
1838 76
County tax for bonds, 1873 249
County treasurer, Act of 1825 re-
pealed, 1853-4 328
Election' by people, 1853-4 328
Distempered cattle not driven
into, 1851-2 453
Dog tax, 1882-3 663
Act 1883 repealed, 1884-5 636
Election districts, 1832 76
Pence, elections, 1884-5 581
Fish, protection of, 1900 171
Game protection, 1876, p. 315;
Vol II., 1890-1 960
Act of 1876 repealed, 1877 306
Hunter Lodge incorporated, 1851-
52 370
Insolvent tax digest for, 1893 481
Jury boxes, revision of, 1855-6.. 491
Jury fees, collection regulated,
1855-6 487
Line between Floyd and Cass
changed, 1843, p. 26; 1845, p.
73; 1851-2 65, 68
Between Floyd and Chat-
tooga changed, 1841, p. 63;
1842, p. 64; 1845, p. 192; 1847
pp 60, 69
Between Floyd and Polk
changed, 1851-2, p. 68; 1853-4. 311
Between Gordon and Floyd
changed. 1851-2, p. 66; 1855-6,
p. 125; 1877 274
Liquor, restriction on sale, 1874,
p. 226; 1876, pp. 196, 328;
1880-1, p. 595; 1884-5 534
Livingston Academy incorpo-
rated, 1833 4, 17
Livingston made county seat, 1833 321
Local option, 1875 338
Local option act, 1882-3, p. 611;
1884-5 518
Rome excepted, 1882-3 611
Lot 80 united to Floyd, 1845 73
Manual Labor School incorpo-
rated, 1839 130
Organization of, 1832 56
19— Ga. Code
Part of. added to Chattooga, 1838 77
Added to Gordon, 1849-50,
p. 124; 1851-2 74
Added to Polk, 1851-2 52
Paulding, part of, added to Floyd,
1847 68
Pisgah Baptist Church incorpo-
rated, 1851-2 360
Poor school fund, 1847 247
Treasurer of, 1855-6 310
Private ways how laid out, 1853-
54 '. 548
Damage tendered, 1853-4 548
Prospect Camp Ground incorpo-
rated, 1860 79
Punishment of road commission-
ers, 1873 249
Registration law for, 1884-5, p.
615: 1887 747
Act 1887 amended, Vol. II.,
1890-1 965
Registration law abolished, 1887. 772
Road laws, 18S4-5, p. 555; 1859, p.
359; 1882-3 627
Sec. 671, Code 1873, not apply
to Floyd county, 1880-1 629
Exempt from act 1879 , also,
1880-1 640
Rome, change of county seat to,
1834 250
Rome Academy, incorporation of,
1837 3
School districts; school commis-
sioners, 1855-6 310
Duties of commissioners, 1855-6 310
Silver Creek Academy incorpo»-
rated, 1838 8
Stock law for portion of, 1882-3.. 637
Tax receiver and collector, com-
pensation of, 1876, p.' 366;
1882-3 513
Consolidated, 1837 75
Act repealed, 1840 180
Tax levy to pay bonds, 1874 343
Vann's Valley Academy, incorpo-
ration of, 1837 3
Floyd County Manufacturing Company.
Incorporation of, 1839 43
Forest City Banking Company.
Darien Banking Company's name
changed to, 1870 94
Forrestville.
Act incorporating town, 1868.... 120
New charter, 1882-3 398
Commissioners, election of, 1874 193
Vacancies, how filled, 1870 189
Corporate limits defined, 1870... 189
Corporate limits restricted, 1878-9 276
Name changed to North Rome,
Vol. II., 1890-1 855
New charter for, 1882-3 398
Fo
INDEX.
290
LOCAL LAWS.
Forsyth.
Act incorporating, 1823 198
New charter, 1875 165
Aldermen, election, terms of office,
etc., 1884-5 336
Bonds declared valid, 1872 197
Bonds for redemption, 1889 1085
Act 1889 amended, Vol. II.,
1890-1 816
Bonds in aid of Monroe Female
College and Hilliard Male In-
stitute, 1872 198
Business tax, 1895 225
Cemetery, money expended on,
1884-5 384
City court of, established, 1897 471
Churches, lots laid off for, 1824.. 35
Commissioners, powers increased,
1865-6 279
Corporate limits changed, 1895.... 226
Election for town officers, 1872, p.
197: 1884-5 336
Extension of corporate limits,
1851-2, p. 432; 1865-6 279
Incorporation of, 1823 19S
Incorporation act amended, 1824. 134
New charter, 1875 165
Intendant and warden, election
of, 1872 197
Liquor, sale regulated, 1880-1 626
Liquor license, 1859 217 (9)
Marshal, payment of, 1851-2 432
Monroe County Male Academy in-
corporated, 1853-4 142
Name of commissioners, 1869.... 78
Powers of commissioners, 1869 78
New charter for, 1875 165
Previous acts amended and con-
solidated, 1875 165
Offices abolished, 1872 197
Tax on business, etc.. 1878-9 269
Tax assessors, etc., 1872 197
Forsyth County.
Academy lot sale of, 1874 392
Bethel Baptist Church incorpo-
rated, 1841 35
Commissioners of roads and reve-
nues, act providing for, 1878-9 337
County commissioners, board cre-
ated. 1872 420
Abolished, 1875, p. 254; 1877 p.
256; 1891 1108
Powers, duties, etc., 1884-5 445
Cummings made county seat, 1834 253
Educational fund, 1873 252
Election precincts, 1832 76
Jackson Academy incorporated,
1834 9
Line between Forsyth and Chero-
kee changed, 1847, p. 67;
1853-4, p. 314; 1855-6 125, 130
Between Forsyth and Milton
changed, 1860 138
Lumpkin, part of, added to, 1849-50 138
Obstructions of streams, removal
of, 1895 408
Organization of, 1832 56
Part of, added to Milton, 1857 36
Public school system for, 1889 1284
Road laws, 1841 ' 183
Road warners, 1858 182
Salaries of tax receiver and school
commissioner, 1878-9 350
Act 1877 repealed, 1878-9 350
School commissioner, salary of,
1877 288
Shady Grove Baptist church in-
corporated, 1841 36
Sheriff, bond reduced, 1865-6 53
Stock law, 1874 397
Extended, 1876 338
For 785th D. G. M., 1889 1275
Tax collector and receiver con-
solidated, 1838 243
Separated, 1843 173
Tax receiver, salary reduced, 1877, 288
Treasurer, Act 1825, repealed,
1859 279
Election of, 1859 276
Forsyth and Lumpkin Railroad Co.
Act incorporating, 1853-4 430
Forsyth Academy.
Incorporation of, 1824 15
Forsyth County Academy.
Incorporation of, 1833 15
Forsyth Female. College.
Act incorporating, 1849-50 110
Forsyth Savings Bank.
Act incorporating, 1875 132
Fort Gaines.
Act incorporating, 1830, p 217;
1832, p. 193; 1842, p! 99:
1882-3 451
Act 1842, repealed, 1843 78
Bonds for bridge across Chat-
tahoochee, 1877, p. 161; 1887. 795
Bridge toll rates, 1878-9 401
Dispensary for, 1896 183
Fort Gaines Academy Lottery.
Additional commissioners for,
1857 277
Fort Gaines and Pataula Railroad Co.
Act incorporating, 1877 233
Fort Gaines Bridge Co.
Act incorporating, 1855-6 462
Fort Gaines Female Institute.
Incorporation of, 1838 3
Fort Gaines Guards.
Act incorporating, 1859 380
291
INDEX.
Fo-Fr
LOCAL LAWS.
Fort Gaines Methodist Episcopal
Church.
Incorporation of, 1839 125
Fort Gaines Railroad Co.
Act incorporating, 1853-4 435
Fort Gaines Steamboat Co.
Incorporation of, 1838 234
Fort Gaines Warehouse and Bank-
ing Co.
Act incorporating, 1884-5 160
Fort Payne.
Election of municipal officers,
1863-4 136
Public school system established,
1894 253
Specific taxes, 1899 200
Tax on property, 1899 200
Fort Payne and Eastern Railroad Co.
Act incorporating, 1889 210
Fort Valley.
Act incorporating, 1855-6, p. 377;
1882-3 480
Cemetery and ordinances for, 1859 155
Cemetery in city limits, 1875 173
Commissioners, election of, 1857, 177
Number and duties of, 1870 189
Corps of infantry incorporated,
1858 174
Country children's school in city,
1894 356
Extension of corporate limits,
1859, p. 155; 1897, p 218
Governor's Guards, exemption
from jury and road duty, 1859 385
Justices of the peace, place of
holding court, 1874 395
Liouor sale prohibited, 1876 183
Public school fund, Vol. II., 1890-1, 1049
Public school system established,
1886, p. 256; 1889 1298
Streets, opening, widening, etc.,
1887 528
Damages for, 1887 528
Waterworks and sewers, Vol. II.,
1890-1 644
Fort Valley and Dublin Railroad Co.
Act incorporating, 1887 311
Fort Valley and Hawkinsville Rail-
road Co.
Act incorporating, 1870 313
Fort Valley Loan and Trust Co.
Act incorporating, 1868 39
Act 1868. sec. 14, repealed, 1869 34
"Planters' Bank" inserted by
amendment, 1870 97
Fort Valley Female Academy.
Act incorporating, 1860 172
Amended, 1872 485
Fort Valley Female Seminary.
Act incorporating, 1851-2 326
Fort Valley Manufacturing Co.
Act incorporating, 1869 105
Fortville Academy.
Incorporation of, 1822 3
Fox Valley Manufacturing Co.
Act incorporating, 1872 304
Franklin.
Act incorporating, 1831, p. 234;
1871-2, p. Ill; 1880-1 468
Act 1831 amended, 1874 191
Name changed to West Point,
1832 204
New charter, 1874 191
Commissioners, election of, 1872, 199
Duties, powers, etc., 1872 199
Corporate limits defined, 1876 165
Incorporation of, 1831 83, 234
Incorporation of, 1839 212
Liquor, sale prohibited, 1875 341
Marshal, salary of, 1876 165
Name changed to West Point,
1832 204
New charter for, 1874 191
School lot, sale of, 1887 829
Specific tax act repealed, 1876. . . . 165
Tax on real estate, town lots,
1874 209
Franklin Academy.
Name changed to West Point
Academy, 1832 204
Trustees, appointment of, 1827 . . 13
Franklin and Oxford Railroad Co.
Zebulon Branch Railroad, name
changed to, 1853-4 404
Franklin Bridge Co.
Act incorporating, 1853-4 555
Franklin Building and Loan Associa-
tion.
Act incorporating, 1851-2 212
Franklin College (see University of
Georgia), 1858 107
Franklin County.
Baptist church and camp ground
at Cannon's meeting house in-
corporated, 1843 48
Baptist church at Poplar Springs,
incorporation of, 1836 78
Bridges. Act 1845, repealed,
1853-4 561
Carnesville Lodge No. 186, incor-
porated, 1858 123
County commissioners, board
created, 1873 253
Courthouse, extra tax for build-
ing, 1826 164
Courthouse and jail, extra tax for
building, 1805 11
Division line, 1807 (Clayton's
Comp.) 401
Fr-Fu
INDEX.
292
LOCAL LAWS.
Franklin County — Continued.
Act to ascertain, 1803 (Clay-
ton's Comp.) 175
Ascertainment of, 1806 3
Drainage law for, 1889 1406
Election districts, 1831 125
Franklin Institute, subscription °o
to, 1876 162
Headlight laws restored, 1884-5.. 638
Tndian Creek Baptist church in-
corporated, 1859 121
Jail, extra tax for rebuilding,
1821 62
Jury certificates, 1853-4 471
Jury scrip, receivable for taxes,
1873 253
Line between Franklin and
Tugalo river denned, 1819
(Lamar's Comp.) 239
Between Habersham changed,
1841, p. 67: 1849-50; p. 134;
1877 276
Between Hart and Franklin
changed, 1853-4, p. 320; 1855-6 129
Between Jackson and Frank-
lin changed, 1821, p. 54;
1855-6 129, 131
Liquor, sale for medical purposes,
1897 558
Local option act, 1882-3 594
Master in equity appointed, 1842, 82
Part assigned to Madison county,
1811 114
Part ot added to Hart, 1853-4 302
Added to Jackson, 1821, p. 54;
1837 69
Added to Madison, 1819
(Lamar's Comp.) 240
Permanent seat of public build-
ings, 1806 12
Phi Delta Lodge No. 148, incorpo-
rated, 1858 123
Phi Delta Masonic Academy in-
corporated, 1853-4 135
Poor, education of, 1845 88
Poor' school fund, 1826, p. 20; 1834,
p. 168; 1835 177
Poplar Spring M. E. church in-
corporated, 1860 78
Public schools, terms and pay of
teachers, 1884-5 598
Road laws, 1816, p. 123; 1833 299
Sheriff, fees for summoning
jurors, 1859 280
Tax for support of poor, 1860 227
Tax collector and receiver con-
solidated, 1839 43
Teachers of poor children, pay-
ment ot 1840 58
Wafford's settlement, part of
added to, 1806 46
Franklin County Academy.
Arrears or dividends due to, 1830 15
Dividends due to, 1835 7
Incorporation of, 1824 24
Act amended, 1825 11
Franklin Mining and Manufacturing
Co.
Act incorporating, 1865-6 186
Fraser Mining Co.
Act incorporating, 1853-4 360
Frazier.
Act incorporating, 1884-5 301
Frederica.
Act of 1813 amended, 1814 59
Commissioners to ascertain
boundaries, 1826 175
Episcopal church incorporated,
1808 63
Town commons, sale of, 1835.... 54
Water lots, commissioners author-
ized to sell off, 1802 (Clay-
ton's Comp.) 63
Fuel and Gaslighting Company of
Atlanta.
Act incorporating, Vol. I., 1890-1. . 462
Fulton County.
Abstract of title, ordinary author-
ized to make contract with
owner, 1878-9 334
Almshouse, control and expenses
of, 1877 313
Board of education, treasurer of,
1897 551
Board of equalization, compensar
tion, 1892 259
Bonds for building jail, 1870 459
To meet outstanding bonds,
1869 174
Bridge inspectors, pay of, 1899.. 471
Campbell county, part of, added
to, 1872 397
Chain gang, control and use of,
1882-3 662
Work on roads, 1880-1 638
Chamber of Commerce, exemption
from jury duty, 1876 384
Chambers for superior court
judge, 1877 313
Clark University incorporated for
police purposes, Vol. II.,
1890-1 1071
Clerk county commissioners,
salary of, 1888 282
Commissioners, election of, 1892, 233
Constables in superior court,
number limited, 1875 297
Pay of, 1871-2 237
Per diem of. 1875 297
Convicts, work on streets and
roads, 1878-9 392
293
INDEX.
Fu
LOCAL LAWS.
Fulton County — Continued.
Correction of errors in tax digest,
1880-1 546
Countv commissioners, board
created, 1880-1 508
Clerk, compensation of, 1880-1,
p. 546; 1888 282
Clerk of board, term, duties, etc.,
1880 54(5
Bond of clerk, 1880-1 546
Oaths mav be administered by,
1880-1 546
Election of, 1889. p. 1110; 1892, 233
Manner, time and place of elec-
tion, 1889 1110
Jurisdiction as to special acts,
1880-1 546
Purchase of property sold for
taxes, 1880-1 546
Sessions of board. 1880-1 546
Vacancies in boards, 1880-1.... 546
Courthouse bonds, debt for, 1878 9 412
Election precincts, 1887 868
Voting in own ward and district,
1887 868
Hours for opening and closing,
1887 868
Examiners of engineers, board
created. 1887 877
Excess licenses refunded, 1888... 276
Fees of magistrates and con-
stables, 1855-6, p. 404; 1868, 160
Mode of collection, 1855-6 404
Fences, funds arising from sale
of, 1887 876
Fulton Blues exempt from jury
duty, 1876 384
Game protection, 1874 289
Game law amended, 1887 722
House of refuge, commitment of
offenders, 1887 824
Jurors, per diem of 1871-2, p. 236;
1874 .' 384
Jury, revision of jury box, 1871-2,
p. 244; 1874 393
Line between Clayton and Fulton
changed, 1860, p. 142; 1861, p.
102; 1877 274
Between DeKalb and Fulton
changed, 1853-4, p. 311; 1855-6, 127
Liquor, sale of, 1889 1371
Sale restricted, 1875, p. 342;
1876. p. 197; 1878-9, p. 384;
1882-3 565
Night hawks and bull-bats not
protected, 1875 298
Organized out of DeKalb, 1853-4. . 300
Petit jurors, compensation of,
1853-4 476
Public schools for, 1896 302
Registration law for, 1889 1192
Act 1889 amended, Vol. II.,
1890-1 969
Registration of voters, 1882-3, p.
670; 1887 968
Act 1883 amended, 1884-5 611
Road laws. 1859, p. 359; 1876, p.
329; 1877 82"
Sheriff, fee for summoning
jurors, 1853-4 476
Sheriff and deputy, compensation
of, 1860 147
South View Cemetery, drunken-
ness in 1887 866
Stationary engineers, board of ex-
aminers, 1889 1142
Act 1887 amended, 1889 1142
Examination of, 1894 273
Stock law, general provisions ap-
plicable, 1887 800
Law of 1887 repealed, 1888 318
Tax collector, frequent settlement
required, 1877 289
Tax receiver, bond of, Vol. II.,
1890-1 929
Tax receiver and collector, com-
pensation of, 1871-2 246
Teachers, ordinary to pay, 1855-6, 303
Treasurer, bond and salary, 1882-3, 493
Pay of, limited, 1877 290
Salary of, 1888, p. 288; Vol. II.,
1890-1 923
West View Cemetery, drunken-
ness in, prohibited, 1884-5. . . . 514
Wood, taking and carrying away
prohibited, 1860 157
Fulton County Spinning Co.
Act incorporating, 1876 238
Fulton County Street Railroad Co.
Extension to DeKalb and Cobb
counties, 1889 678
Motive power, steam, etc., 1887.. 264
Term of charter, 1889 , 678
Fulton Loan and Banking Co.
Act incorporating, 1889 547
Deduction of advance payment of
stock, Vol. II., 1890-1 73
Directors, vacancies, Vol. II.,
1890-1 73
Executor, guardian, etc, power
to act as, Vol. II.. 1890-1 73
Negotiation of loan, Vol. II., 1890-1 73
Fulton Loan and Building Association.
Act legalized, 1866 76
Fulton Manufacturing Co.
Act incorporating, 1876 240
Fulton Mining, Smelting and Manu-
facturing Co.
Act incorporating, 1857 217
Fulton Savings Bank.
Directors, number of, 1892 122
Liability to creditors, 1892 122
State Savings and Banking Com-
pany's name changed to, 1892, 122
Fu-Ga
INDEX.
294
LOCAL LAWS.
Fulton Savings Bank — Continued.
Stockholders, liability of, 1892... 122
Term of charter, 1892 122
Fulton Street Railroad Co.
Act incorporating, 1882-3 220
Gainesville.
Act incorporating, 1821, p. 6; 1832,
p. 200: 1841. 50
New charter. 1873. p. 139; 1877, 163
Act of 1870 explained, 1872 203
Aldermen, salary of, 1873 139
Certain act extended to. 1870 190
Corporate limits defined. 1870 ... 190
Corporate powers defined, 1873.. 139
Criminal court abolished, 1878-9.. 308
Dog tax, 1882-3 402
Liquor license, 1893 220
Mayor, salary of, 1873 139
Term of office, ' 1893 220
May not succeed himself, 1893, 220
Mayor and aldermen, salary of,
1882-3 402
Mayor and council powers de-
fined, 1873 '' 139
New charter for, 1873, p. 139;
1877 163
Previous laws repealed, 1877.. 163
Public schools established, 1882-3,
p. 402; 1892 168
Qualifications of electors, 1882-3 402
Punishment of offenders. 1882-3, 402
Registration of voters, 1882-3, p.
479: 1884-5 400
Site of public buildings, 1823 175
Streets, opening of. 1882-3 402
Street paving. 1892 168
Subscription to certain railroads,
1872 202
Water and light rents, 1892 168
Waterworks and light plant, sale
of, 1892 168
Enlargement of. 1892 168
Gainesville and Chattahoochee Rail-
road Co.
Consolidation with other roads,
1855-6 173
Name changed to Chattahoo-
chee Ridge Railroad Com-
pany, 1855-6 173
Gainesville and Columbia Railroad Co.
Act incorporating, 1887 279
Gainesville and Dahlonega Railroad Co.
Act incorporating, 1866 125
Gainesville and Ellijay Railroad Co.
Act incorporating, 1870 330
Gainesville and Hall County Street
Railroad Co.
Act incorporating, 1884-5 199
Relief from tax penalty, Vol. I.,
1890-1 278
Gainesville and Western Railroad Co.
Act incorporating, 1884-5 249
Gainesville, Blairsville and North-
western Railroad Co.
Act incorportaing, 1873 p. 198;
1877 '. 234
Crossing Chattahoochee river,
1875 221
Turnpike, building authorized,
1875 221
Gainesville, Blairsville and State
Line Railroad Co.
Act incorporating, 1880-1 280
Gainesville Dragoons.
Incorporation of, 1832 132
Gainesville, Jefferson and Southern
Railroad Co.
Act incorporating, 1872 333
Bonds, power to issue, 1880-1 .... 241
Branch to Monroe or Covington,
1880-1 242
Bonds for equipments, 1880-1, 242
Directors, increase of, 1880-1.... 241
Principal office at Gainesville,
1880-1 241
Gainesville Railroad Co.
Charter, 1847 158
Stockholders' liability, 1851-2 130
Act 1847, sees. 9 and 19, re-
pealed, 1851-2 130
Time to complete extended,
1853-4 438
Gainesville Savings Bank.
Act incorporating, 1873 73
Name changed to Bank of Gaines-
ville, 1874 254
Gainesville Street Railroad Co.
Act incorporating, 1875 222
Garnet Hill Mining Co.
Act incorporating, 1855-6 454
Gaslight Company of Americus.
Act incorporating, 1875 191
Gate City Guards.
Act incorporating, 1859 382
Gate City Foundry, Car Manufac-
turing and Machine Works.
Act incorporating, 1865-6 149
Gate City Insurance Company of
Atlanta.
Act incorporating, 1865-6 119
Name changed to Georgia Empire
Fire Insurance Company,
1871-2 160
Gate City Gaslight Co.
Act incorporating, 1875 195
Bonds, issue authorized, 1889 1397
Electric light, authority to
furnish 1889 1397
295
INDEX.
Ga-Ge
LOCAL LAWS.
Gate City Street Railroad Co.
Act incorporating, 1878-9 236
Capital stock increased, 1882-3 . . 215
Construction outside of city limits,
1880-1 274
Extension of routes, 1880-1 274
Extension into DeKalb county,
1882-3 215
Lease or sale, Vol. L, 1890-1 284
Motive power steam, 1880-1, p.
274; 1882-3 215
Right of way, 1880-1 274
Streets, use of, 1880-1 274
Gilmer County.
Bethel Baptist church incorpo-
rated. 1853-4 . 199
Broadtown creek, obstruction of,
1853-4 339
Cherry Log Baptist church in-
corporated, 1853-4 199
Common school fund, 1859 98
County commissioners, board
created, 1873 255
Board abolished, 1876 276
County court abolished, 1888.... 290
Courthouse, extra tax for, 1855-6, 541
Deer protected, 1870 446
Ebenezer Baptist church incorpo-
rated, 1853-4 199
Ellijay made county seat. 1834.. 247
Extra tax to pay debt, 1859 368
Gilmer Academv incorporated,
1S33 J7
Justices of the peace, pay for
making lists of poor children,
1860 156
Lebanon Baptist church incorpo-
rated, 1853-4 199
Line changed between Fannin and
Gilmer, 1855-6, p. 124; 1860,
p. 144; 1870 29
Between Pickens and Gilmer
changed, 1862-3 208
Macedonia Baptist church in-
corporated, 1853-4 199
Mount Moriah Baptist church in-
corporated, 1853-4 . . ... 199
Mount Zion Baptist church in-
corporated, 1853-4 199
Mountain Town Baptist church
incorporated, 1853-4 199
New Hope Baptist church in-
corporated, 1853-4 199
Organization of, 1832 56
Part of, added to Fannin, 1853-4, 298
Added to Pickens, 1853-4 306
Organized into Dawson, 1857... 32
Pleasant Hill Baptist church in-
corporated, 1853-4 199
Poor school fund, 1849-50 159
Poor school system, 1857 150
Public school system established,
1872 490
Act of 1872 repealed, 1873 247
Road laws, 1841, p. 183; 1859, p.
359; 1872 418
Road warners, 1858 182
School districts, 1853-4 150
Sheriff, bond reduced, 1873 254
Sugar Creek Baptist church in-
corporated, 1853-4 199
Tax receiver and collector con-
solidated, 1837, p. 75; 1865-6,
p. 53; 1876 330
Consolidation act repealed,
1872, p. 421; 1877 291
Town Creek church incorporated,
1853-4 199
Treasurer, tax receiver is ex
officio, 1874 405
Union Baptist church incorpo-
rated, 1853-4 199
Zion Hill Baptist church incorpo-
rated, 1853-4 199
General Assembly.
Biennial sessions, 1841 60
Pay of members reduced, 1841 . . . 193
Geneva.
Act incorporating town, 1870.... 191
Retail liquor licenses, Vol. II.,
1890-1 850
Geneva Savings Bank.
Act incorporating, 1873, p. 95;
1889 534
Georgetown.
Act incorporating, 1859 156
Commissioners, election of, 1865-6 280
Fine and imprisonment, 1865-6... 280
Liquor license, 1865-6 280
Nuisances, power to abolish,
1865-6 280
Georgia Academy for the Blind.
Act incorporating and endowing,
1851-2 4
Appropriation for building, 1855-6, 10
Georgia Agricultural Bank.
Act incorporating, 1870 398
Georgia Agricultural and Manufac-
turing Works.
Act incorporating, 1870 245
Georgia Air Line Railroad Co.
Act incorporating, 1855-6 165
Branch roads, 1868 105
Damages by road, 1868 105
Name changed to New York and
New Orleans Air Line Rail-
road Co., 1866 127
State credit loan to, 1868 143
Subscriptions by towns, etc., 1868, 105
Union with other companies, 1868, 105
Ge
INDEX.
296
LOCAL LAWS.
Georgia, Alabama and Carolina Rail-
road Co,
Act incorporating, 1889 . 408
Georgia, Alabama and Tennessee
Railroad Co.
Act incorporating, 1882-3 212
Georgia and Alabama Land and Im-
migration Co.
Act incorporating, 1873 159
Georgia and Alabama Life Insur-
ance Co.
Act incorporating, 1868 61
Georgia and Alabama Mining and
Manufacturing Co.
Act incorporating, 1865-6 187
Georgia and Alabama Petroleum
Mining and Manufacturing Co.
Act incorporating, 1865-6 189
Georgia and Alabama Railroad Co.
Act incorporating, 1853-4 438
Act 1854 amended, 1865-6 210
Building commence, when, 1857. 79
Dalton and Jacksonville Railroad
Co., consolidation with, 1866, 124
Floyd county's aid to, 1857 251
Rome's subscription, 1857 191
Georgia and Alabama Steamboat Co.
Act incorporating, 1868. p. 116;
1869 66
Georgia and Carolina Manufacturing
Co.
Rights and powers confirmed,
1900 495
Georgia and Florida Railroad Co.
Act incorporating, 1851-2 151
Dougherty county aiding in con-
struction, 1855-6 184
Extension of line, 1855-6 187
Georgia and Florida Steam Packet
Co.
Act incorporating, 1853-4 382
Special contract by company,
1855-6 194
Georgia and Midland Gulf Railroad Co.
Motive power, 1887 251
Streets, construction in, 1887 .... 251
Georgia and Tennessee Railroad Co.
Act incorporating, 1889 236
Georgia Banking Co.
Act incorporating, 1870 109
Name changed to Citizens' Bank
of Georgia, 1872 95
Georgia Banking and Loan Company
of Atlanta.
Act incorporating, Vol. II., 1890-1, 300
Georgia Banking and Security Co.
Exchange of realty with stock-
holders, 1876 104 a
Liquidation of company, 1896.. 104 a
Georgia Banking and Trust Co. . .
Act incorporating, 1889 597 (7)
Capital stock, reduction of, 1878-9, 197
Georgia Loan and Trust Corn-
pan v's name changed to,
1870 107
Stockholders, liability of, 1878-9, 197
Georgia Banking and Trust Company
of Milledgeville.
Act incorporating, 1889 569
Georgia Baptist Bible and Colpor-
teurs Society.
Act incorporating, 1859 118
Georgia Baptist Convention.
Executive committee transferred
to certain commissioners,
1853-4 138
Georgia Benevolent Mutual Life In-
surance Co.
Act incorporating, 1869 47
Georgia Branch of the National Bell
Telephone Co.
Act incorporating, 1878-9 245
Georgia, Carolina and Northern
Railway Co.
Act incorporating, 1886 105
Condemnation of terminal facili-
ties, Vol. I., 1890-1 356
Crossing streets or alleys, Vol. I.,
1890-1 356
Georgia Chemical Works.
Act incorporating, 1877 199
Georgia Chemical and Mining Co.
Act incorporating, 1877 222
Georgia Citizens Insurance Co.
Act of 1859, sec. 2, amended,
1865-6 122
Georgia Coal Mining Co.
Act incorporating, 1855-6 449
Georgia College of Eclectic Medi-
cine and. Surgery.
Borrowing money and issuing
bonds, 1896 329
College of American Medicine and
Surgerv's name changed to,
1884-5 279
Directors, number of. 1896 327
Georgia Commercial Insurance Co.
Act incorporating, 1889 724
Georgia Company.
Act incorporating, 1866 103
Georgia Conference of M. E. Church.
Incorporation of, 1841 44
Act amended, 1849-50 79
297
INDEX.
Ge
LOCAL LAWS.
Georgia Cornwall Copper Mining Co.
Act incorporating, 1877 223
Georgia Diamond Mining Co.
Act incorporating, 1871-2 169
Georgia Empire Mutual Insurance
Company of Georgia.
Act incorporating, 1884-5 166
Georgia Empire Insurance Co.
Gate City Insurance Company's
name changed to, 1871-2 160
Georgia Empire Mutual Insurance Co.
Stock company, incorporation
made a, 1896 97
Georgia Equitable Insurance Co.
Act incorporating, 1857, p. 204;
1889 719
Georgia Export Co.
Act incorporating, 1849-50 172
Georgia Express Co.
Act incorporating, 1865-6 Ill
Georgia Farmers' Phosphate Co.
Act incorporating, 1875 214
Georgia Female College.
Tax exemption, 1838 240
Georgia Fertilizer Manufacturing Co.
Act incorporating, 1868 77
Georgia Fidelity and Insurance Co.
Act incorporating, 1889 714
Georqia Fire and Marine Insurance
Co.
Act incorporating, 1868 55, 57
Georgia Fire Insurance Company of
LaGrange.
Act incorporating, 1887 441
Georgia Gold Co.
Act incorporating, 1853-4 369
Georgia Gold Mining Co,
Act incorporating, 1872 312
Georgia Grange and Planters'
Banking Co.
Act incorporating, 1875 134
Georgia Greys.
Act incorporating, 1859 383
Georgia Historical Society.
Act incorporating, 1839 p. 134;
1870 ' 386
Georgia Home Insurance Co.
Act incorporating, 1859 233
Annual meetings, 1869 46
Capital stock, increase of, 1866.. 76
Capital stock, 1877 196
Charter extended, 1886 57
Fire and marine and inland navi-
gation, 1877 196
Liability of company and stock-
holders, 1877 196
Shares, par value altered, 1869.. 46
Georgia Hussars of Savannah.
Act incorporating, 1859 384
Georgia Importing Manufacturing
Guano Co.
Act incorporating, 1869 39
Georqia Infirmary.
Act in aid of, 1871-2 214
Georgia Installment Banking Co.
Act incorporating, 1889 580
Georgia Insurance Co.
Act incorporating, 1860 115
Charter renewed, 1887 453
Georgia Insurance and Trust Co.
Capital stock, reduction of, 1841.. 28
Directors, number reduced, 1841. . 27
Incorporation of. 1835 120
Reduction of capital stock, 1843.. 20
Georgia Internal Improvement As-
sociation.
Act incorporating, 1859 238
Georgia Investment and Banking Co.
Act incorporating, 1882-3 184
Georgia Iron and Coal Co.
Act incorporating, 1873 186
Capital stock increased, 1900.... 493
Principal place of business, 1900, 493
Georgia Iron Manufacturing Co.
Incorporation of, 1839 119
Georgia Land, Immigration and
Manufacturing Co.
Act incorporating, 1869 116
Georgia Land, Immigration and
Navigation Co.
Act incorporating, 1877 194
Georgia Life and Accident Insurance
Co.
Act incorporating, 1865-6 122
Georgia Life Insurance Co.
Act incorporating, 1869 ........ 41
Georgia Loan and Banking Co.
Act incorporating, 1870 103
Georgia Loan and Trust Co.
Act incorporating, 1868, p. 36;
1882-3 174
Act of 1883 amended, 1896 103
Debenture bonds, 1887 336
Act of 1883 amended, 1887 336
Principal office to be at Macon,
1896 103
Georgia Loan and Trust Company
of Atlanta, Georgia.
Name changed to Georgia Bank-
ing and Trust Company, 1870, 107
Georgia Loan, Savings and Bank-
ing Co.
Act incorporating, 1889 458
Georgia Lumber Co.
Incorporation of, 1834 133
Act amended, 1838 145
Ge
INDEX.
298
LOCAL LAWS.
Georgia Magnetic Telegraph Co.
Act incorporating, 1870 380
Georgia Male and Female Mutual
Life Insurance Co.
Act incorporating, 1869 43
Georgia Manufacturing Co.
Incorporation of, 1839 112
Georgia Manufacturing and Paper
Mill Co.
Act incorporating, 1865-6 50
Georgia Marble Co.
Organization of, 1837 126
Georgia Masonic Mutual Life In-
surance Co.
Act incorporating, 1868 54
Georgia Medical Society.
Charter of, 1804 (Clayton's
Comp.) 205
Georgia Metallic, Iron, Powder and
Steel Manufacturing Co.
Act incorporating, 1875 204
Georgia Methodist Mutual Life In-
surance Co.
Act incorporating, 1869 49
Georgia Metropolitan Bank Co.
Act incorporating, 1872 99
Name changed to "Republic Bank,
1874 240
Georgia Midland and Gulf Rail-
road Co.
Act incorporating, 1884-5 206
Branch roads, 1886 170
Georgia Military Institute.
Act incorporating, 1851-2 298
Act for better organization of,
1860 35
Appropriation for, 1855-6 9
Board of visitors, 1855-6 9
Education of certain cadets in,
1851-2 6
Forfeiture of the fund, 1855-6 9
Superintendent's bond, 1855-6.... 9
Georgia Mineral Railroad Co.
Act incorporating, Vol. I., 1890-1. . 378
Georgia Mining Co.
Act incorporating, 1835, p. 128;
1853-4, p. 368; 1875 205
Georgia Mutual Aid Co.
Act incorporating, 1869 44
Georgia Mutual Fire and Life In-
surance Co.
Act incorporating, 1868 51
Directors, number increased, 1869 46
Number reduced, 1871-2 155
Name changed to "The Planters'
Banking Company," 1870 222
Officers, election of, 1871-2 •. . 159
Georgia Mutual Insurance Co.
Act incorporating, 1821, p. 90; 1822,
p. 51; 1861, p. 43; 1870, p.
222; 1884-5, p. 155; 1887 432
Georgia Mutual Life Insurance Co.
Act incorporating, 1868 46, 59
Georgia Mutual Live Stock In-
surance Co.
Act incorporating, 1889 733
Georgia Northern Railroad Co.
Act incorporating, 1889 278
Georgia Overland Railway and Im-
provement Co.
Act incorporating, 1888 173
Georgia Railroad Co.
Name changed to Georgia Rail-
road and Banking Company,
1835 (see Georgia Railroad
and Banking Co) 180
Georgia Railroad and Banking Com-
pany of Georgia.
Act incorporating, 1833, p. 256;
1835 180
Charter, 7th sec. repealed, 1840, 25
Act of 1872 repealed, 1874 300
Banking privileges extended, 1870, 106
Capital stock, increase of, 1847,
p. 190; 1849-50, p. 239; 1868,
p. 147: 1874 300
Classification of freight, 1872 336
Eatonton branch, Act 1858 re-
pealed, 1859 315
Extension, Athens to Clayton, 1868 147
Extension from Madison through
Covington to join with State
Railroad, 1837 212
Land, right to purchase and hold,
1843 20
Lease of Macon and Augusta Rail-
road, 1877 236
Lease of Port Royal Railroad,
1877 236
Lien on stock for debt, 1840 25
Loans, authority to make, 1868.. 147
Macon and Augusta Railroad Co.,
aid to, 1869 155
Nashville and Chattanooga Rail-
road Co.: stock in, 1849-50 239
Port Roval Railroad, bond indorse^-
ment, 1873 97
Powers of, defined, 1868 147
Principal office removed to Au-
gusta, 1841 174
Purchase of its own stock author-
ized, 1843 20
Of property in payment of debts,
1843 20
Running through towns on Sun-
day, 1876 254
Sparta, branch line to, 1835 199
299
INDEX.
Ge
LOCAL LAWS.
Georgia Railroad and Banking Co.
of Georgia — Continued.
Subscribe for stock in Augusta
and Waynesboro Railroad
Co.. 1847 163
Usury forbidden, 1870 398 (14)
Warrenton branch, 1835 199
Washington branch, 1849-50 239
Washington Railroad consolida-
tion, 1851-2 120
Western Railroad of Alabama's
purchase of. 1875 235
Georgia Reed and Fibre Manufactur-
ing Co.
Act incorporating, 1869 118
Georgia Reliable Insurance Co.
Act incorporating, 1872 284
Georgia Relief and Hospital Associa-
tion.
Aid of, 1861 36
Appropriation for, 1863-4 ........ 75
Georgia Savings Bank.
Act incorporating. Vol. II.,
1890-1 215,378
Georgia Savings Bank of Atlanta.
Act incorporating, Vol. II., 1890-1, 85
Georgia Savings Bank of Macon.
Act incorporating, 1862-3 135
Georgia Savings Banking Co.
Act incorporating, 1873 97
Georgia School for the Deaf.
Appropriation for, 1896 18
Georgia Seaboard and Northwestern
Railroad Co.
Act incorporating. 1870 325
Construction of road, 1872 336
Subscription to stock, 1872 336
Georgia Security and Banking Co.
Act incorporating, 1889 612
Georgia Security Investment Co.
Name changed to Atlanta Trust
and Banking Co., 1888 104
Georgia Silk Manufacturing Co.
Incorporation of, 1839 92
Georgia Slate and Mining Co.
Act incorporating, 1869 53
Georgia Slate Co.
Act incorporating, 1874 268
Georgia Southern and Florida Rail-
road Co.
Act incorporating, 1880-1 277
Allev in Macon, authority to close,
Vol. I., 1890-1 446
Branch lines, 1887 150
Branch line to Brunswick, 1888.. 139
Capital stock, increase of, 1887. . . 150
Competition, 1887 150
Condemnation, damages, etc., 1888 139
Consolidation with other roads,
1887 150
Corporators, names of changed,
1884-5 268
Encroachments on Macon, 1888.. 140
Endorsement of M. & B. R. R.
bonds, 1889 303
Extension through Macon, 1888.. 139
Organization of company, 1884-5. . 268
Routes changed, 1884-5 268
Georgia Southern Railroad Co.
Act incorporating, 1875 223
Georgia State Agricultural Society.
Appropriation to, how expended,
1860 10
Southern Central Agricultural So^-
ciety, name changed to, 1859. 220
Southern Central Agricultural So-
ciety, name changed to, 1860. 10
Georgia State Banking Co.
Act incorporating, 1870 100
Georgia State Normal College.
Act establishing, 1878-9 93
Georgia Telegraph Co.
Act incorporating, 1861 130
Georgia, Tennessee and Illinois
Railroad Co.
Act incorporating, 1889 396
Georgia, Virginia and Baltimore Rail-
road Co.
Act incorporating, Vol. I., 1890-1. 367
Georgia Water Mills Co.
Act incorporating, 1869 116
Georgia Western Railroad Co.
Act incorporating, 1853-4 440
Act 1860, sec. 10, amended,. 1866, 127
Act incorporating purchasers of,
1877 236
Connection with W. & A. R. R.,
1868 105
Directors, number increased, 1860, 192
Powers defined, 1868 105
Right of way along W. & A. R. R.,
1860, p. 192; 1872 337
Georgia Whitepath Gold and Copper
Co.
Act incorporating, 1855-6 447
Canals, erection of, damages, etc.,
1860 122
Disputed rights of way, 1859 .... 256
Ditches, etc., obstruction for-
bidden, 1860 122
Lands in Gilmer, power over, 1859, 256
Penalty for injuring company's
works, 1859 256
German Friendly Society of the City
of Savannah.
Incorporation of, 1837 151
Ge-Gl
INDEX.
300
LOCAL LAWS.
Germania Bank.
Begin business, when, Vol. II.,
1890-1 66
"Savings" stricken from name,
Vol. II., 1890-1 66
Germania Loan and Banking Co.
.4ct 1886, sec. 3, repealed, 1889.. 657
Act incorporating, 1886 85
Acts of 1886 and 1889 amended,
1897 128
Agent, trustee, etc., authority to
act, 1889 657
Bonds, authority to issue, 1889.. 657
Directors, number, powers, etc.,
1889 657
Fiscal agents.. 1889 657
Guardian, administrator, etc.,
authority to act, 1889 657
Loans and mortgages, 1889 657
Name changed to Germania
Saving Bank, 1900 496
Savings bank business, 1899 324
Transfer of stock, 1889 657
Germania Savings Bank.
Directors, number of, Vol. II.,
1890-1 66
Georgia Loan and Banking Com-
pany's name changed to, 1900, 496
Liabilities include what, Vol. II.,
1890-1 66
"Savings" stricken from name,
Vol. II., 1890-1 66
Glascock County.
Advisory board of commissioners
created, 1873 272
Clerk of superior and inferior
court consolidated, 1858 .... 154
County commissioners, board
created, 1874 350
Act 1873 repealed, 1874 350
Compensation of, 1877 256
"Extra tax for building jail, 1873. . 255
Line between Glascock and Jef-
ferson changed, 1860 138
Between Glascock and War-
ren, Act 1865 repealed, 1874. . 370
Liquor, sale prohibited, 1882-3 p.
570; 1877 '. . . 335
Organized out of Warren, 1857. . . 35
Sheriff, bond reduced, 1876 266
Glynn County.
Academy building sold, and ap-
plied to poor fund, 1829 7
Bethel Baptist shurch incorpo-
rated, 1842 41
Bethel Presbyterian church, in-
corporation of, 1836 78
Birds, protection of, 1889... 1182
Board of commissioners estab-
lished, 1898 366
Bonds for county indebtedness,
1872 422
For courthouse and jail, 1870.. 456
For refunding, 1880-1 523
Bonds of county officers, 1880-1.. 550
Bonds to retire others, 1895.... 421
Bryan's residence added to
Wayne, 1842 67
Commissioners of academies, ap-
pointment of, 1817 (Lamar's
Comp.) 19
Commissioners to assess taxes
only against Glynn, 1871-2 .. 300
Constables, election, 1830 102
County commissioners appointed
when, 1871-2 ' 227
Board created, 1870 441
County court abolished, 1895 374
County treasurer, election of by
people, 1855-6 404
Courthouse and jail, extra tax for
rebuilding, 1814, p. 43: 1817,
p. 912; 1818 (Lamar's Comp.) 924
Deer, protection of, 1857 252
Division lines, act to- ascertain,
1803 (Clayton's Comp.) 175
Education fund, 1855-6 299
Education tax, 1884-5 602
Election districts, 1829, p. 80;
1830, p. Ill; 1832 76
Election districts established,
1824, p. 62; 1825 100
Election laws governing, 1819
(Lamar's Comp.) 273
Extra tax for county purposes,
1869 178
Farm products, Act 1873 repealed,
1873 270
Buying and selling, 1872 484
Fees of clerk and sheriff, 1857 239
Free negroes, importation of for-
bidden, 1860 154
Free schools established, 1823. ... 16
Game protection, Act 1889
amended, Vol. II., 1890-1 954
Hogs on St. Simon's Island, 1882-3 638
Honey Gall Creek, Act 1825 re-
pealed, 1869 176
Honey Gall Landing, act making
a public landing, repealed,
1868 159
Hopkins' residence added to
Glynn, 1849-50 130
Insolvent costs of officers, 1873.. 256
Jail, extra tax for building, 1819
(Lamar's Comp.), p. 932; 1823 204
Jurors one panel for each term
of 'court 1874 394
Line between Wayne and Glynn
changed, 1860 146
Liquor, sale upon St. Simon's
Island prohibited, 1877 335
Sale regulated, 1880-1 610
Macedonia Baptist church in-
corporated, 1842 41
301
INDEX.
Gl-Go
LOCAL LAWS.
Glynn County— -Continued.
Part added to Wayne, 1805, p. 54;
1820 54
Poor asylum authorized, 1834 ... 40
Public instruction regulated,
1884-5 603
Public roads and bridges, 1805... 35
Public roads of. 1804 (Clayton's
Comp.) 152
Amended 1804 (Clayton's
Comp.) 215
Public schools for, 1900 172
Special tax for, 1897 552
Public school system. 1873 256
Act establishing, 1872 490
Records, transcription of, 1855-6. 412
Road act, 1822 97
Roads, act regulating, 1807 (Clay-
ton's Comp.) 398
Road duty, 1820, p. 96; 1865-6 54
Road fines and labor, 1817 (La-
mar's Comp.), p. 780; 1818
Lamar's Comp.), p. 782; 1820. 21
Road from Port Barrington to
Brunswick, 1801 (Clayton's
Comp.) 14
Road laws amended and consoli-
dated, 1825 160
Road laws, former acts explained,
1811 164
Road laws amended, 1815, p. 89;
1813, p. 27: 1826, p. 127; 1819
(Lamar's Comp.), p. 795; 1824,
p. 92: 1821, p. 109: 1811 20
Road laws, 1857, p. 292; 1855-6,
p. 506; 1853-4, p. 549; 1853-4,
p. 548: 1841, p. 189; 1806, p.
81; 1829, p. 151; 1834, p. 197;
1827 162
Tax collector's and receiver's con-
solidation act repealed, 1847. 293
Taxes, giving in, Act 1854 re-
pealed, 1855-6 '. 545
Tuton's residence added to
Wayne, 1849-50 130
Wayne, part of added to, 1822 27
Glynn County Academy.
Act of 1823 repealed, 1838 8
Act 1857, 1858, repealed, 1865-6.. 266
Incorporation of, 1821 11
Lease or sale of academy building,
• 1857 138
Sale ot 1858 117
Trustees mode of appointing,
1853-4 136
Number, powers, duties, etc.,
1857 140
Treasurer to give bond, 1853-4 136
To pay over money, 1855-6 299
Glynn Title and Loan Co.
Act incorporating, Vol. II., 1890-1 323
Gold Mountain Mining Co.
Act incorporating, 1876 . .
242
Goshen Academy.
Incorporation of, 1824, p. 25;
1855-6 467
Gordon.
Act incorporating town, 1884-5 .... 397
Gordon County.
County commissioners board
created, 1874 344
Election, 1887 682
Compensation and duties, 1887. 682
Ordinary a member, 1889 1130
Terms of office, 1887 682
Salary of clerk, 1889 1130
County court abolished, 1884-5... 482
County treasurer, election of by
people, 1855-6 404
Extraordinary tax for county in-
debtedness, 1857 323
Gates across roads, 1870, p. 444;
1874 393
Juror's fees, 1853-4 477
Per diem of, 1871-2, 240; 1872.. 486
Line between Cass and Gordon
changed, 1851-2, p. 68; 1853-4,
p. 312; 1855-6, pp. 125, 131;
1877 274
Between Gordon and Floyd
changed, 1851-2 66
Between Murray and Gordon
changed, 1851-2, p. 68; 1865-6,
p. 50; 1876 308
Between Pickens and Gordon
changed, 1860 141
Between Walker and Gordon
changed, 1851-2, p. 68; 1853-4, 311
Liquor manufacturing prohibited,
1900 175
Restriction on sale, 1874, p. 212;
1877 336
Sale of, 1889 1370
Sale of, prohibited, 1887 851
Local option act of 1845 repealed,
1877 342
Act 1875, p. 338; 1876 328
Act of 1884-5 504
Organized out of Floyd and Cass,
1849-50 124
Part of Murray and Floyd added
to, 1851-2 74
Poor school system, 1857 150
Public school term extended, 1886 311
Road laws, 1858, p. 182; 1870 458
Salocoa Academy, sale of, 1876.. 262
School districts, 1859 103
Snake Creek Academy, trustees,
vacancies, etc., 1855-6 284
Teachers, arrearages due, 1853-4, 147
Ordinary to pay, 1855-6.' 303
Go-Gr
INDEX.
302
LOCAL LAWS.
Gordon County Iron and Coal Min-
ing and Manufacturing Co.
Act incorporating, 1873 189
Gordon County Railway and Mining Co.
Act incorporating, 1875 225
Gordon Mining and Manufacturing Co.
Act incorporating, 1865-6 191
Gordon Institute.
Brunswick Male and Female High
School changed to, 1894 242
Rights under Act of 1852 con-
firmed, 1894 242
Departments of school, 1894 242
Diplomas, license to teach, 1894. . 242
Gracewood.
Act incorporating, 1884-5 321
Grand Bay Manufacturing Co.
Act incorporating, 1865-6, p. 152;
1871-2 170
Grand Division of the Sons of Tem-
perance.
Act incorporating, 1851-2 361
Grand Lodge, Knights of Jericho.
Act incorporating, 1853-4 206
Act amending charter, 1860 103
Words "faith and hope" stricken
out of charter, 1871-2 208
Grand Lodge of the Independent
Order of Good Samaritans
and Daughters of Samaria of
Georgia.
Act incorporating, Vol. I., 1890-1, 504
Grand Lodge Order of United South-
ern Israelites.
Act incorporating, 1889 757
Grand Lodge Order of United
Israelites.
Act incorporating, 1889 759
Grand Royal Chapter of the State
of Georgia.
Incorporation of, 1822 46
Grand Trunk Railroad Co.
Act incorporating, 1870 325
Names of incorporators increased,
1872 337
State aid repealed, 1872 339
Graniteville.
Act incorporating town, 1853-4... 245
Grange Mutual Insurance Company
of Georgia.
Act incorporating, 1875 196
Grangers Life and Health Insur-
ance Co.
Act incorporating, 1876 217
GrantviMe,
Act incorporating town, 1868.... 121
New charter, 1897 218
Aldermen, election of chairman,
1877 : 169
Charter Act of 1868 repealed, 1897, 21S
Legalizing act, 1870 192
Liquor, sale prohibited, 1882-3... 565
New charter for, 1897 218
Graysville.
Act incorporating town, 1872 .... 205
Corporate limits changed, 1895.. 227
Liquor, sale prohibited, 1877 .... 169
Great North and South Railway Co.
Act incorporating, 1887 304
Great Ogeechee River.
Commissioners and their powers,
1853-4 469
Protection of bridges against
rafts, 1874 410
Great Satilla River.
Obstructions prohibited, 1874 . . . 409
Great Southern Insurance Company.
Act incorporating, 1861 44
Act 1861, sees. 10 11, repealed,
1866 ' 77
"Confederate States" changed to
"United States," 1865-6 123
Directors, number of, 1865-6 123
Stockholders, liability, 1866 77
Great Southern Railroad Co.
Act incorporating, 1870 319
Line of road, 1872 338
Subscription books, 1872 338
Great Western Railroad Co.
Act incorporating, 1870 329
Aid building, act to, 1835 216
Incorporation of, 1835 209
Greene County.
Academy for the county of, 1803
(Clayton's Comp.) '.' 149
Act amended, 1803 (Clayton's
Comp.) 212
Appalachee river a legal fence,
1877 314
Bonds of the Gwynn-Allison
school fund, sale of, 1874 325
Brockman United Academy, in-
corporation of. 1826 13
Buena Vista Academy incorpo-
rated, 1849-50 22
Drainage. 1900 175
Clayton High School incorporated,
1859 81
Convicts, "hire of, 1882-3 653
County commissioners, board
created, 1871-2, p. 225; 1876, p.
276; 1877 257
Abolished, 1 874 344
Powers vested in ordinary, com-
pensation, 1874 ' 344
Courthouse, extra tax for build-
ing, 1847 287
Tax for building, 1803 (Clay-
ton's Comp.) 110
Courthouse and jail, extra tax for
building, 1805 22
303
INDEX.
Gr
LOCAL LAWS.
Greene County — Continued.
Cotton and grain, purchase and
sale of, 1884-5 653
Educational funds. Act of 1859,
sec. 8, noted and applied to,
1859 89
Settlement with teachers, 1859, 89
Election, compensation of, 1859.. 296
Election districts, 1831 125
Extra tax for bridge over Oconee
river, 1865-6 44
Farm products, buying and sell-
ing prohibited, 1872 484
Friendship church incorporated,
1855-6 292, 330
Game protection, 1876 331
Insolvent costs, payment of, 1872, 439
Jail, extra tax for building, 1807
(Clayton's Comp.) p. 390;
1817 (Lamar's Comp.) 913
Jurors, pay of, 1872 486
Per diem of, 1871-2 240
How paid, 1853-4 471
Justices of the peace, pay for mak-
ing lists of poor children,
1860 156
Line between Greene and Han-
cock changed, 1841 62
Between Greene and Morgan
changed, 1871-2 306
Between Greene and Talliaferro
changed, 1853-4, p. 317; 1876,
p. 309; 1877 279
Liquor, mode of granting license,
1882-3 615
Sale regulated, 1880-1 533
Sale restricted, 1876, p 188;
1882-3 608
Liquor license, 1860, p. 160; 1875, 853
Obstructions in Oconee river,
1884-5 500
Methodist Episcopal Meeting
House incorporated, 1839 .... 90
Part of added to Clarke, 1802
(Clayton's Comp.) p. 89; 1S07
(Clayton's Comp ) t . . . 378
Added to Talliaferro, 1825 58
Peddling regulated, 1880-1 533
Poor asylum authorized, 1834.... 40
Pulaski, part added to, 1871-2 206
Registration law for, 1884-5 615
Registration, one only per annum,
1887 740
Registration by proxy, 1887 740
Registrar to furnish list, 1887. . 741
Road laws, 1859 359
Sale of lands by commissioners,
1810 75
Scull Shoals Manufacturing Com-
pany incorporated, 1834 .... 141
Sheriff and tax receiver consoli-
dated, 1877 291
Consolidation act repealed,
1880-1 512
Siloam meeting house, act regulat-
ing, 1803 (Clayton's Comp.) . . 149
Stock, fencing in, 1882-3 630
Thornton Academy incorporated,
1831 3
Treasurer, compensation reduced,
1880-1 512
Fees reduced, 1877 292
Union Male and Female Academy
incorporated. 1859 81
Voting at any precinct, 1887 740
White Plains Academy incorpo-
rated, 1834 62
Wilkes, part of. added to, 1802
(Clayton's Comp.) 89
Greene County Academy.
Commissioners of, 1821 97
County funds, entitled to, 1824... 22
Sale of lands authorized, 1822 13.
Greensboro.
Act incorporating town, 1803
(Clayton's Comp.), pp. 149 .. 212
Act incorporating, 1855-6 342
Act 1856, sec. 8, amended. 1872, 206
Amendment of charter, 1815, p.
77; 1816 95
Bonds for school houses, 1386. . . . 244
Election, 1888 340
Churches incorporated, 1828 .... 44
Commissioners, powers of, 1853-4, 246
Powers extended, 1819 (Lamar's
Comp.) 1022
Extension of corporate limits,
1808, p. 91; 1853-4 246
Liquor, sale of, 1877 170
Liquor license, 1853-4 246
Regulation of town of, 1803 (Clay-
ton's Comp ) 149
Amended, 1804 (Clayton's
Comp.) 212
Reports, semi-annual required,
1889 893
School houses, lots for, 1886 244
Streets, control of, 1.859 15$
Trustees Male Academy sale of
land by, 1849-50 . . . .' 31
Vendue master appointed in, 1816 90
Greensboro Division No. 67, Sons of
Temperance.
Act incorporating, 1851-2 384
Greenesboro Female College.
Act incorporating, 1853-4 120
Deed of Academy lot, 1853-4.. 120
Sale of, 1863-4 94
Greensboro Turnpike Co.
Incorporation of, 1822 86
Greenville.
Act incorporating, 1851-2 425
New charter, 1887 49 J
Gr
INDEX.
304
LOCAL LAWS.
Greenville — Continued.
Act of 1834, repealed, 1842 95
Commissioners, powers of, 1835 . . 261
Corporate limits denned, 1880-1.. 441
Intendant and commissioners,
election of, 1880-1 441
Liquor sale regulated, 1880-1, p.
602; 1884-5 511
New charter for, 1887 • 498
Greenville and White Sulphur
Springs Railroad Co.
Act incorporating, 1880-1 299
Greenville Banking Co.
Act incorporating, 1887 401
Greenville Banking and Trust Co.
Act incorporating, 1875 136
Greenville Baptist Church.
Incorporation of, 1838 54
Greenville Female Academy.
Incorporation of, 1836 8
Greenville Masonic Female Institute.
Act incorporating, 1855-6 289
Greenwood and Augusta Railroad Co.
Act incorporating, 1873 200
Griffin.
Act incorporating, 1843, p. 106;
1853-4 247
Act 1843 amended, Act 1850 re-
pealed, 1853-4 247
New charter, 1859, p. 159; 1875,
p. 173: 1876 142
Aldermen, compensation of, 1888, 232
Board of education legalized, 1874 213
Authority of board to draw from
school funds, 1874 213
Abolished, 1877 170
Charter, same as that of Augusta,
1849-50 82
Chief of police, duties, bond, and
salary, 1884-5 293
City court established, 1880-1, p.
375; 1897 462
Corporate limits denned, 1882-3, 300
Criminal court established, 1897. . 481
Elections, qualification of voters,
1869 78
Exchange of property for street
purposes, Vol. II., 1890-1 684
Marshal, clerk, etc., how elected,
1869 78
Marshal's office abolished,
1884-5 293
Marshall College incorporated,
1853-4 127
Trustees, number, powers, etc.,
1858 118
Mayor and aldermen, election of,
1863-4 88
New charter for 1859, p 159;
1875, p. 173; 1876 142
Previous acts amended and con-
solidated, 1859 159
Police commissioners, abolished,
1898 185
Powers of municipal officers,
duties, etc., 1869 78
Presbyterian church incorpo-
rated. 1849-50 . .' 75
Public school system established,
1880-1, p. 377; 1884-5 331
Registration of voters, 1882-3 300
Removal of inmate from lewd
house, 1857 170
School funds, disposition of, 1877, 170
Southern Liberal Institute in-
corporated, 1851-2 318
Tax, authority to levy, 1869 78
Tax for gas and water works,
1887 542
For school purposes, 1874 193
Limit of, 1887 542
Tax rate, 1889 821
Water and light commissioners,
1892 148
Abolished, 1898 186
Griffin and Sandtown Railroad Co.
Act incorporating, 1872 341
Griffin and West Point Plank Road Co.
Act incorporating, 1849-50 226
Griffin Banking Co.
Act incorporating, 1870 114
Griffin Baptist Church.
Act incorporating, 1853-4
201
Griffin Collegiate Seminary.
Name changed to Griffin Female
College, 1853-4 121
Griffin Collegiate Seminary for
Young Ladies.
Act incorporating, 1851-2 304
Griffin Female College.
Griffin Collegiate Seminary name
changed to, 1853-4 121
Griffin Fire and Marine Insurance Co.
Act incorporating, 1862-3 203
Griffin, Flat Shoals and Columbus
Railroad Co.
Act incorporating, 1872 338
Griffin, LaGrange and Western Rail-
road Co.
Act incorporating, 1886 182
Branch road to Savannah, 1889 . .
Consolidation with other roads,
1889
Name changed to Birmingham and
Atlantic Air Line R. R., Bank-
ing and Navigation Co., 1887,
Griffin Light Guards.
Honorary members, 1859
Privileges and powers of, 1857 . . .
369
369
325
386
285
305
INDEX.
Gr-Gw
LOCAL LAWS.
Griffin Loan, Trust and Savings In-
stitution.
Act incorporating, 1868 42
Name changed to Trust and Sav-
ings Bank of Griffin, 1870 11.4
Griffin, Monticello and Madison Rail-
road Co.
Act incorporating, 1870 317
Griffin Street Railroad Co.
Act incorporating, 1889 665
Extensions branches, etc., Vol.
I., 1,890-1 324
Griffin Synodical College.
Act incorporating, 1851-2 300
Griswoldville and Jeffersonville Rail-
road Co.
Act incorporating, 1872 342
Grooverville.
Act incorporating town, 1859, p.
168: 1865-6 281
Corporate limits defined, 1862-3.. 190
Groveton.
Act incorporating town, 1880-1.. 487
Guarantee Banking and Safe Deposit
Co.
Act incorporating, 1884-5 179
Guarantee Fund and Mutual Aid So-
ciety.
Act incorporating, 1884-5 161
Guaranty Mutual Fire and Insur-
ance Co.
Act incorporating, 1887 436
Gum Swamp Navigation Co.
Act incorporating, 1869 55
Guyton.
Act incorporating town, 1887 .... 651
Elections, qualifications of voters,
etc., 1895 231
Mayor, authority of, 1889 1007
Execution of warrants, 1889 . . 1007
Public school system established,
1895 228
Specific or license tax, 1897 226
Tax reduction, 1897 226
Gwinnett County.
Academy, commissioners for, 1821 125
Bonds for building courthouse,
1871-2 217
Brandies made from fruits, 1900, 178
Centre Academy, trustees ap-
pointed, 1839 4
Cherokee Indians' land added to,
1828 88
City court, jurisdiction extended,
1897 484
County commissioners, board
created, 1872 423
Clerk ot 1 878-9 345
Oaths administered by, 1875... 257
20— Ga Code
Constables, approval of bond, 1875 257
County court abolished, 1895 393
County treasurer, election by
people, 1853-4 328
Act 1825 repealed, 1853-4 328
Courthouse, extra tax for building,
1855-6 546
Drainage, 1900, p. 177; 1893 483
Elections 1825, p. 94: 1830 100
Election districts, 1827 93
Extra tax for new courthouse, Act.
of 1856 explained, 1858 184
Female Seminary incorporated,
1.837 18
Free schools established, 1826.. 16
Jackson, part of. added to, 1818
(Lamar's Comp.), p. 226: 1820 88
Jurors, compensation of, 1872... 422
Lawrenceville Academy incorpo-
rated, 1833 23
Line defined, 1840 37
Between Gwinnett and Jackson
changed, 1849-50, p. 137;
1855-6 125
Dividing Jackson, defined, 1819
(Lamar's Comp.) 231
Between Gwinnett, DeKalb and
Rockdale changed, 1875 272
Between Gwinnett and Walton
changed, 1849-50, p. 139;
1851-2, p. 64; 1853-4, p. 317;
1855-6 129
Dividing Hall defined, 1819 (La-
mars Comp.), p. 231: 1820 .. 61
Between Milton and Gwinnett
changed, 1859 271
Liquor, manufacture prohibited,
1899 472
Domestic wines excepted, 1899, 472
Restriction on sale, 1874, pp.
211. 216; 1875, pp. 343,-344;
1876. p. 205; 1877, p. 336;
1882-3, p. 590; 1884-5, p. 542:
1887 847, 848
Sale of 1889. pp. 1359, 1361,
1362:' Vol. II., 1890-1 1060
Sale regulated, 1880-1 618
Local option act, 1880-1, p. 625;
1884-5 525
Lunatic and poor asylum, 1835.. 23
Manual Labor Institute, incorpora-
tion of, 1835 116
Mulberry Methodist camp ground
incorporated, 1860 77
Organization of, 1818 (Lamar's
Comp.) 226
Part of. added to Cherokee, 1831, 74
Added to DeKalb, 1828, p. 54;
1829 30
Part of cut off, 1822 21
Poor children, relief of, 1849-50.. 155
Poor schools, returns of children,
1842 134
Gw-Ha
INDEX.
306
LOCAL LAWS.
Gwinnett County — Continued.
Trustees to pay over moneys,
1842 135
Presbyterian church near Law-
renceville incorporated, 1839, 124
Repeal of Act of 1818, 1820 46
Repeal of sees. 4, and 10, of Acts
" of 1818, 1819 (Lamar's Comp.) 234
Road laws, 1828, p. 136; 1841, p.
183; 1842, p. 157; 1847 276
Road warners, 1858 182
Site of public buildings fixed,
1821 37
Sheriffs, pay for summoning
juries, etc., 1855-6 482
Act 1852 repealed, 1855-6 482
Streams, clearing out of, 1893 . . 483
Tax collector and receiver con-
solidated 1839 43
Office separated, 1853-4 567
"Washington Academy, trustees in-
creased, 1828 . . 19
Gwinnett Manufacturing Co.
Act incorporating, 1877 202
Habersham County.
Act 1847 repealed, 1860 158
Aid to Northeastern R. R. and
other railroads, 1855-6 179
Baptist church at Antioch, in-
corporated, 1836 78
Baptist church of Blue Creek in-
corporated, 1833 44
Baptist church at Mt. Yonah in-
corporated, 1843 103
Baptist church at Mud Creek, in-
corporation of, 1836 78
Baptist church at Providence in-
corporated, 1834 59
Baptist church of Providence in-
corporated, 1833 44
Baptist church of Salem incorpo-
rated, 1838 54
Baptist church at Shoal Creek, in-
corporation of, 1846 78
Baptist church at Tesentee, in-
corporation of, 1836 78
Bethlehem Baptist church in-
corporated, 1832 32
Blue Creek Baptist church in-
corporated, 1838 54
Central Methodist camp ground
incorporated, 1843 90
Cherokee Indians' land added to,
1820 88
Church of Salem incorporated,
1838 54
Compensation of officers, judge to
fix, 1.874 367
County commissioners, board
established, 1871-2 p. 227;
1895 ' 343
Abolished, 1877, p. 257: 1897.. 391
County court created, 1873, p. 263;
1876 70
Distribution of books to, 1851-2.. 451
Ditching and draining of lands,
1872 425
Domestic wines, sale of, 1895. . . . 399
Drainage, 1894 ' 275
Driving infected cattle through,
1853-4 337
Educational fund, 1861 106
Education of the poor, 1853-4 .... 153
Act of 1854 repealed, 1855-6 312
Elections in, 1821 70
Election districts, 1827 p. 92;
1831 '. 125
Election, superintendent, compen-
sation, 1857 246
Franklin, part of, added to, 1818
(Lamar's Comp.), p. 226; 1820 88
Game law for 1887 724
Jackson, part of, added to, 1820.. 88
Juror's fees, 1853-4 479, 480
Per diem of, 1871-2, p. 240; 1872 486
Jury tickets, authority to issue,
1869 - 169
Line between Habersham and
Franklin changed, 1841, p. 67;
1849-50, p. 134; 1877 276
Between Habersham and Hall
changed, 1845 73
Between Habersham and Rabun
defined, 1838 80
Between Habersham and Tugalo
river defined, 1819 (Lamar's
Comp.) 239
Liquor, sale in, 1895 399
Sale restricted, 1876, p. 200;
1877, p. 154; 1882-3 571
Local option act, 1884-5 523
Master in equity appointed, 1842. . 82
M. E. Central camp ground in-
corporated, 1843 90
Mossy Creek Methodist camp
ground incorporated, 1832 36
Trustees increased, 1834 62
Mud Creek Baptist camp ground
incorporated, 1858 121
Obstructions of streams, removal
of, 1894 275
Officers, compensation of, 1874.. 364
Act 1871, repealed, 1874 264
Election, terms, etc., 1877 154
Organization of, 1818 (Lamar's
Comp.) 226
Part of, added to Cherokee, 1831,
p. 74; 1832 56
Added to Lumpkin, 1853-4 317
Added to Rabun, 1828 58
Part of, organized into White, 1857 44
Poor school fund, 1829 6
Public school system, 1859 88
Repeal of Act of 1818, 1820 46
307
INDEX.
Ha
LOCAL LAWS.
Habersham County — Continued.
Repeal of sees. 4 and 10 of Acts
of 1818, 1819 (Lamar's Comp.) 234
Sheriff, bond reduced, 1869 173
Sosebee's residence added to,
1849-50 132
Stock, taking into no stock law
districts, 1893 484
Survey of lands in 6th district,
1868 160
Tax collector ev officio sheriff,
1877 284
Tax collector and receiver con-
solidated, 1838 243
Consolidation act repealed,
1845 195
Habersham and Union Turnpike Co.
Act incorporating, 1840 94
Charter extended, 1870 381
Act 1870 repealed, 1872 381
Incorporation of, 1840 94
Act amended, 1841 121
Name changed to White and
Towns Turnpike Co., 1870 . . 381
Rates of toll, 1870 381
Road to end at 27th mile post,
1871-2 208
Route and termini, 1870 381
Rates of toll, etc., 1853-4, p. 399;
1870 381
Habersham County Academy.
Commissioners for, 1821 125
Trustees increased, 1840 6
Habersham Iron Works and Manu-
facturing Co.
Act incorporating, 1837 134
Act amended, 1840 104
Exemption of hands from jury-
duty, 1839 119
Habersham Mining Co.
Incorporation of, 1832 88
Hahira.
Act incorporating town, Vol. II.,
1890-1 819
Corporate limits defined, 1899. . . . 210
Liquor, sale prohibited, penalty,
1899 210
HalS Chestatee Mining Co.
Act incorporating, 1866 105
Hall County.
Academy, commissioners for, 1821 125
Trustees appointed, 1836 10
Cherokee Indians' land added to,
1828 88
City court established, 1880-1, p.
558; Vol. II., 1890-1 939
Clerk's office consolidated, 1859.. 280
Common school funds, 1859. ..... 90
Compensation of officers, judge to
fix, 1874 367
Compensation of ordinaries, etc.,
Act of 1874 repealed, 1877 298
County commissioners, board
created, 1872, p. 481; 1886.. 265
Election districts, 1828, p. 80;
1830, p. 86; 1832 76
Franklin, part of, added to, 1818
(Lamar's Comp.), p. 226; 1820 88
Grand juries for, 1880-1 657
Jackson, part of, added to, 1820. . 88
Juror's fees, 1853-4 477
Per diem of, 1877 101
Justices of peace, compensation
for returning poor children,
1858 117
Line between Hall and Banks
changed, 1859 269
Between Hall and Gwinnett
changed, 1851-2, p. 64; 1853-4, 317
Defined, 1819 (Lamar's Comp.) 231
Between Habersham and Hall
changed, 1845 73
Between Lumpkin and Hall
changed, 1851-2, p. 65; 1870, 24
Liquor, sale, 1889 1382
Sale restricted, 1887 846
Local option, 1875 '338
Act amended, 1876 328
Master in equity appointed, 1842, 82
Organization of, 1818 (Lamar's
Comp.) 226
Part of added to Cherokee, 1832, 56
Added to Hall and Habersham,
1818 (Lamar's Comp.) 226
Added to Lumpkin, 1849-50 135
Pauper farm, sale authorized,
1876 332
Poor schools, teachers' pay, 1851-2 338
Poor school fund, 1835 174
Repeal of Act of 1818, 1820 46
Repeal of sees. 4 and 10 of Acts
of 1818, 1819 (Lamar's Comp.) 234
Road laws. 1833 299
Sheriff, fees for summoning jury,
1859 281
For attending court, 1859 281
Site of public buildings fixed, 1821 6
Sosebee's residence added to Hab-
ersham, 1849-50 132
Tax collectors, insolvent list,
1851-2 534
Teachers, arrearages due. 1853-4, 147
Ordinary to pay, 1855-6 303
Payment of, 1840 60
Treasurer, Act 1825 repealed,
1859 279
Election of, 1859 276
Hall County Academy.
Sale of old academy lot, 1873 ... 268
Trustees of, appointed, 1831, p.
5; 1855-6 301
Increased, 1828 8
Hall County Alliance, Warehouse
and Banking Co.
Act incorporating, Vol. II., 1890-1, 270
Ha
INDEX.
308
LOCAL LAWS.
Hall County Female Academy.
Trustees, appointment of, 1836.. 10
Hamilton.
Act of 1854 repealed. 1859 209
Corporate limits changed, 1870.. 193
Extension of corporate limits,
1859, p. 164; 1853-4, p. 250;
1866 187
Liquor license, 1877 171
New charter for, 1859, p. 164;
1875, p. 174; 1899 201
Act of 1875 superseded, 1899.. 201
Previous acts amended and con-
solidated, 1875 174
Hampton.
Act incorporating Bear Creek as,
1872 206
Act re-incorporating town, Vol. II.,
1890-1 ... 710
Amendment of charter, 1873 123
Liquor, Act 1875 repealed, 1876.. 183
Sale prohibited, 1875 345
Hancock County.
Academies entitled to county
funds. 1823 20
Baptist churches at Mt. Zion and
Bethel incorporated, 1831.... 57
Baptist church at Powell's Creek
incorporated, 1801 (Clayton's
Comp.) 1
Beulah church established, 1838 . . 54
Bonds of county officers, 1889 .... 1114
County commissioners, board
created, 1884-5 435
Powers and duties, 1889 1114
Clerk and his fees, 1889 1114
County Line Academy incorpo-
rated, 1838 8
Courthouse bonds, election, 1882-3 651
Culverton Academy incorporated,
1859 81
Darien Baptist church incorpo-
rated, 1832 35
Election districts, 1831 125
Election managers, pay of, 1882-3, 504
Extra tax for county purposes,
1860 228
For the poor, 1858 190
Farmers' Academy, sale of, 1870, 473
Farm products, sale regulated,
1876 331
Fees of magistrates and con-
stables, 1853-4 329
Fish ponds of Dickson protected,
1878-9 378
Game protected, Vol. II., 1890-1.. 959
Horeb Baptist Church incorpo-
rated, 1838 54
Insolvent costs, 1889, p. 1148;
1898, p. 369; 1899 472
In county court, 1897 392
In superior court, 1900 155
Jail, extra tax for building, 1807
(Clayton's Comp.), p. 424;
1811, p. 121; 1819 (Lamar's
Comp.) 931
Jail and courthouse, extra tax for
building, 1806 13
Justices' court held in courthouse,
1841 78
Line between Hancock and Green
changed, 1841 62
Between Taliaferro and Han
cock changed, 1849-50 134
Between Washington and Han-
cock altered, 1830 50
Between Hancock and Washing-
ton, defined, 1818 (Lamar's
Comp.) 225
Liquor, regulation of, 1855-6, p.
413: 1S57 252
Restriction on sale of, 1874 p.
228: 1876, p. 199; 1877, p. 176:
1888 313, 314
Liquor license, 1859 '. . . . 290
M. E. church at William Shivers'
Mills incorporated, 1842 .... 4-7
Mt. Zion Academy incorporated,
1823 8
Obstructions in Oconee river,
1884-5 500
Part of, added to Baldwin, 1807
(Clayton's Comp.) 363
Added to Talliaferro, 1825, p.
58; 1828 52
Planters' Club incorporated, 1859, 220
Poor asylum established, 1328.. 55
Poor school fund, 1827 12
Powelton Academy, incorporation
of, 1815 48
Registration law for, 1888 307
Road laws, 1843, p. 160; 1847 279
Road working, 1859 357
Sheriff, bond of, amount. 1859... 282
Stock, fencing in, 1882-3 630
Tax collector and receiver consoli-
dated, 1839 43
Consolidation act repealed,
1845 197
Treasurer, clerk may hold office,
1874 394
Hancock Fire Association.
Police authority, Vol. 1., 1890-1, 515
Hancock Iron Co.
Act incorporating, 1866 113
Hancock Manufacturing Co.
Act incorporating, 1851-2 203
Hancock Steam Sawmill Co.
Incorporation of, 1S3S 230
Hancock Steamboat Co.
Act incorporating, 1849-50 261
Hancock Troop of Cavalry.
Act incorporating, 1859 386
309
INDEX.
Ha
LOCAL LAWS.
Hancock Vanguard.
Act incorporating, 1S59 386
Hand Gold Mining Co.
Act incorporating, 1874 269
Hannah Moore Female Collegiate
Institute.
Act incorporating, 1.857 141
Hannay Mining Co.
Act incorporating. 1SG8 92
Hansell Manufacturing Company of
Campbeli County.
Act incorporating, 1865-6 153
Hapeville.
Act incorporating citv, Vol. IT.,
1890-1 7S3
Mayor's court, 1895 232
Street working, 1895 232
Haralson County.
Board of education created, 1872. 426
Act 1872 repealed, 1874 294
Election, 1884-5 598
Camp hunting prohibited, 1876.. 326
Clerk of superior and inferior
courts, office consolidated,
1857 240
Consolidation act of 1857 re-
pealed, 1859 282
Extra tax for county nurposes,
1859 368
For paying county debt, 1858.. 186
Jurors, compensation of, 1875 ... 93
Line between Haralson and Car-
roll changed, 1860, p. 139;
1873 232
Between Paulding and Haralson
changed, 1862-3 80
Liquor sale, Act 1875 amended,
1876 328
Sale regulated, 1876 332
Local option act, 1875, p. 338;
1884-5 517
Obstructions to fish, 1880-1 587
Organized out of Polk and Carroll,
1855-6 110
Road laws. 1859 359
School fund, 1860 177
Sheriff, bond of reduced, 1857... 254
Tax collector and receiver con-
solidated, 1858 154
Consolidation act of 1858 re-
pealed, 1859 281
Hardwicke.
Commissioners, appointment of,
1865-6 280
Harlem.
Act incorporating, 1870 194
Act 1870, sec. 7, repealed, 1876. . . 166
Ad valorem tax, Vol. TL, 1890-1 . . 624
Business income tax. Vol. II.,
1890-1 624
Commissioners, duties, powers,
etc., 1876 166
Liquor, sale prohibited, 1876 166
Streets, authority to open, 1876.. 166
Tax assessors, Vol. II., 1890-1 624
Harmony Academy.
Incorporation of, 1823 24
Harmony Grove.
Act incorporating town, 1884-5.. 322
Bonds for, 1898 187
Clerk's bond increased, Vol. II.,
1890-1 601
Contracts for water, etc., 1898.. 187
Extension of corporate limits,
1.898 187
Liquor, sale prohibited, 1875.. 333, 346
Mayor pro tern., Vol. II.. 1890-1... 601
Penalty for violating offices, Vol.
II., 1890-1 601
Taxes, levying, amount, etc., 1887 564
Water- works, condemnation of
land for, 1898 187
Water works and electric lights,
1898 187
Tax for establishing, etc., 1898, 187
Harmony Grove Academy.
Incorporation of, 1824 19
Harmony M. E. Camp Ground.
Incorporation of, 1842 46
Harper Sewing Machine Company of
Atlanta.
Act incorporating, 1876 24 1
Harris County.
Beech Springs Academy incorpo-
rated, 1840 4
Chipley school district incorpo-
rated, 1899 444
County commissioners, board
created, 1869 170
Terms of, 1882-3 492
Salary of, 1894 205
Election districts, 1828, p." 83;
1829 86
Farm products, sale of, regulated,
1S75 301
Hamilton Academy incorporated,
1828 15
Hamilton Female Academy in-
corporated, 1842 6
Powers extended, 1853-4 122
Hamilton made county seat, 1828. 149
Jury box, revision of, 1878-9 405
Kivlin Lodge No. 146, incorpo-
rated, 1860 83
Line between Harris and Talbot
changed, 1862-3, p. 207; 1875, 275
Between Harris and Troup
changed, 1853-4 320
Liquor, sale for medicinal pur-
poses, 1897 560
Sale regulated, 1889 1344
Liquor license. 1875, p. 330; 1887, 844
How granted, 1875 330
Local option act, 1884-5 537
Ha
INDEX.
310
LOCAL LAWS.
Harris County — Continued.
Mount Airy Academy, incorpora-
tion of, 1837 3
Mulberry Camp Ground, incorpo-
ration of, 1836 78
Mulberry Grove Manufacturing
Co.. incorporated, 1849-50 . . 252
Organization of, 1827 65
Part of, added to Muscogee 1829, 30
Added to Talbot, 1849-50 138
Poor asylum, 1835 25
Prospect Academy, incorporation
of, 1834 3
Registration law for, 1894 222
Republican Academy, incorpora-
tion ot 1835 14
Road laws, 1859 358
Seed cotton, sale regulated, 1889, 1S87
Transportation prohibited, 1887 878
Shoal Academy incorporated,
1838 8
Teachers, arrearages due, 1853-4, 147
Ordinary to pay, 1855-6 305
Harrisburgh Presbyterian Church.
Incorporation of, 1825 49
Harrison.
Act incorporating town, 1886 . . . 233
Corporate limits of, 1899 209
Mayor's salary. 1899 209
Salaries of mayor, clerk and mar-
shal, 1899 209
Harrisonville.
Act incorporating, 1889 1053
Condemnation of property, Vol.
II., 1890-1 655
Corporate limits changed, Vol. II.,
1890-1 655
License, taxes, etc., Vol. II.,
1890-1 655
Markets, Vol. II., 1890-1 655
Ordinances, power to pass, Vol.
II., 1890-1 655
Police force, Vol. II., 1890-1 655
Streets sidewalks, etc., Vol. II.,
1890-1 655
Harrold Banking Co.
Act incorporating, 1888 90
Hart County.
County commissioners, board
created, 1873 268
Act 1873 creating, repealed,
1874 345
Drainage of land, 1895 410
Extra tax for new courthouse,
1855-6 541
Jury, compensation of, 1857 .... 275
Line between Elbert and Hart
changed 1855-6, pp. 125, 129;
1859, p. '269; 1875 7 271
Between Franklin and Hart
changed, 1853-4, p. 320; 1855-6 129
Between Madison and Hart
changed, 1862-3 207
Liquor, sale prohibited, 1882-3... 563
Act 1883 amended, Vol. II.,
1890-1 1061
Sale for medicinal purposes,
1897 560
Sale restricted, 1876 198, 203
Obstructions of streams, removal
of, 1895 210
Organized out of Franklin and
Elbert, 1853-4 302
Act of 1854 explained, 1853-4.. 333
Poor school fund, 1858 117
Public school system established,
1872 490
Sheriff, bond reduced, 1855-6. . 406, 407
Stock law for, 1884-5 590
Teachers of poor children, pay of,
1859 103
Hartford.
Act incorporating, 1811 177
Amendment of act incorporat-
ing, 1816 98
Incorporation of, 1811, p. 177;
1816 98
Site of public buildings made
permanent, 1811 179
Oath of commissioners, 1815.... 82
Site of public buildings, act
amended, 1813 30
Hartweil.
Act incorporating, 1855-6 382
New charter, 1889 924
Bonds for Hartweil High School,
1882-3 449
Extension of corporate limits,
1858. p. 145; 1872, p. 205; 1889 820
Herman Lodge No. 189 incorpo-
rated, 1859 123
Liquor licenses., 1869 81
New charter for, 1889 924
Hartweil Bank.
Deposits, when received. 1889. . . . 475
Directors, vacancies, 1889 475
Hartweil Loan and Savings Bank's
name changed to, 1889 475
Organization of, 1889 475
Principal office, 1889 475
Stockholders, annual meetings,
1889 475
Hartweil Loan and Savings Bank.
Act incorporating, 1887 382
Name changed to Hartweil Bank,
1889 475
Hartweil Railroad Co.
Act incorporating, 1878-9 230
Hawkinsville.
Act incorporating town, 1830, -p.
214; 1859, p. 168; 1870 196
Act of incorporation amended,
1865-6 281
311
INDEX.
Ha
LOCAL LAWS.
H awki nsvi 1 1 e — Continued.
Act 1859, sees. 5, 9, amended,
1866 187
New charter, 1882-3 243
Appeals on assessments, 1897 .... 277
Assessors and receivers of tax re-
turns, 1897 227
Bonds for waterworks and electric
lights, 1897 230
Act of 1892 repealed, 1897 230
Charter amended; 1889 848
Commissioners, power of, 1866.. 187
Extension of corporate limits,
1892 151
Impounding cattle, power to 1866 187
License of hotels, etc., 1866 187
Liquor license, 1871-2 112
Marshal, duty of, 1866 187
Who eligible, Vol. II., 1890-1.. 893
Mayor and aldermen, terms of of-
fice, 1889 848
Methodist church incorporated,
1831 57
Name changed to "City of Haw-
kinsville," 1892 152
New charter for, 1882-3 243
Previous act amended and con-
solidated, 1882-3 243
Nuisances, power to abate, 1866, 187
President of board ex officio justice
of the peace, 1866 187
Public school system established,
Vol. II. 1890-1 1020
Act 1882 repealed, 1882-3 393
Registration of voters, 1880-1 407
Right of way to Empire and Dub-
lin Railroad, 1889 848
Street tax, 1866 187
Subscription to certain railroads,
1872 209
Tax, date of valuation, 1897 227
Tax returns, 1897 227
Unreturned property, 1897 227
H awki nsvi lie Academy.
Act incorporating. 1851-2 326
Trustees increased, 1831 5
Hawkinsville and Eufaula Railroad
Co.
Act incorporating, 1871-2 186
Americus bond subscription legal-
ized, 1872 345
Hawkinsville and Florida Southern
Railroad Co.
Act incorporating, 1889 284
Hawkinsville Bank and Trust Co.
Act incorporating, 1872 102
Amended, 1877 132
Hawkinsville Manufacturing Company
of Pulaski County.
Act incorporating, 1866 87
Haynie.
Act incorporating village, 1893... 221
Incorporation act repealed, 1895.. 233
Hazlehurst.
Act incorporating town Vol. II.,
1890-1 ' 689
Heard County.
Baptist church at Bethel incorpo-
rated, 1838 62
Bethel Academy incorporated,
1837 3
Bushy Head Shoals Bridge Com-
pany incorporated, 1853-4.... 557
Carroll, part of, added to, 1834... 73
Centralhatchee creek kept open,
1834 193
County commissioners, board
created, 1872, p. 429; 1884-5.. 441
Abolished, 1878-9 338
Quarterly meeting of board,
1877 258
Clerk and his compensation,
1877 258
County site, Act 1831 repealed,
1871-2 Ill
Criminal court established, 1876, 74
Election districts, 1831. . .' 125
Election, superintendent, compen-
sation, 1857 246
Extra tax for smallpox. 1865-6... ' 45
Farm products, regulation of,
1876 332
Perry tax, 1853-4 570
Franklin Academy incorporated,
1831 3
Franklin bridge, bonds for pur-
chase of. 1872 427
Franklin made county seat, 1831,
p. 83; 1839 212
Jurors, compensation of, 1857, p.
274; 1858, p. 187; 1871-2 p.
240: 1872 486
Line between Carroll and Heard
changed, 1855-6 129
Between Coweta and Heard
changed, 1857, p. 232; 1859.. 267
Between Heard and Troup
changed, 1855-6 125, 135
Between Henry and DeKalb
changed, 1872 408
Liquor, manufacture prohibited,
1899 473
Restriction on sale, 1874, p.
227: 1882-3, p. 571; 1888 311
Sale of, 1889 1350
Liouor license, 1875 330
How granted, 1875 330
New River Lodge incorporated,
1851-2 361
Militia districts regulated, 1839.. 38
Organization of, 1830 48
He
INDEX.
312
LOCAL LAWS.
Heard County — Continued.
Petit jurors, compensation, 1853-4,
(See Jurors, above.) 480
Act of 1854 repealed, 1857 274
Poor schools, teachers of, 1842 . . 137
Presbyterian church in Frank-
lin, incorporation of, 1836 . . 78
Road laws. 1833. p. 301: 1839 204
Sheriff, bond reduced, 1872 427
Southworth Male and Female
Academy incorporated. 1853-4 139
Supreme court reports, codes and
laws furnished to. 1894 277
Tax collector and receiver con-
solidated, 1839 43
Teachers, ordinary to pay, 1855-6, 303
Heard County Academy.
Act of 1832 repealed, 1839 4
Hebrew Benevolent Society of Sa-
vannah.
Act incorporating, 1851-2 356
Hebron Academy.
Incorporation of, 1821 34
Helena.
Act incorporating city, Vol. II.,
1890-1 634
Henderson and Marthasville Turn-
pike and Plank Road Co.
Act incorporating, 1851-2 176
Henry Clews & Co.
Bonds held by void, 1872 8
Henry County.
Bear Creek Academy incorpo-
rated, 1860 169
Church building sites, authority
to convey, 1823 41
County commissioners, board
created, 1878-9 340
Election on question of abolish-
ing, 1884-5 421
Criminal court organized, 1873.. 240
Elections, 1826 96
Place of holding, 1830 101
Election districts, 1.830 99
Free negroes, act regulating, 1860, 163
Harmony Grove Academv incorpo-
rated, 1831 7
Harmony Lodge incorporated,
1851-2 370
Jurors, pay of, 1872 486
Per diem of, 1871-2, p. 240;
1877 99
Liberty Hill Baptist church in-
corporated, 1860 74
Line between Henry and Butts
changed, 1853-4, p, 318; I860,
p. 140: 1869. p. 172; 1870, p.
27; 1875 272
Between Henry and Clayton
changed, 1875, p. 273; 1877.. 275
Between Henry and DeKalb
changed, 1872 408
Between Henry and Pike
changed, 1842. p. 66; 1845 .. 74
Liquor, manufacture prohibited,
1899 474
Sale regulated, 1882-3 560
Liquor, sale of restricted, 1875..
332, 341, 345
Liquor license, 1860 160
Local option act, 1882-3 585
McDonough made county site.
1823, p. 188: 1834 256
Mount Pleasant Academy, in-
corporation of, 1837 3
New Hope camp ground incorpo-
rated, 1843 104
Newton county organized out of
part of, 1821 38
Organization of, 1821 44
Part of added to Butts, 1825, p.
63; 1849-50 137
Added to Rockdale, 1870 16
Added to Spaldine:. 1851-2 58
Added to Walton, 1821 ... 33
Pine Grove Lodge No. 177 incorpo-
rated, 1860 83
Poor schools, teachers' pay, 1851-2, 342
Road laws, 1833 301
Seed cotton, sale prohibited,
1884-5 634
Shearer Springs incorporated,
1840 104
Tax for support of poor, 1835, pp.
35 283
Walton, part of, added to, 1821 ... 33
Henry County Academy.
Act incorporating, 1824, p. 28:
1834 3
Act of 1824 explained, 1826 12
County land conveyed to, 1824.. 13
Trustees reduced, 1849-50 31
Henry County Court.
Judge's salary, grand jury to fix,
Vol. II... 1890-1 950
Henry Criminal Court.
Jurisdiction of justices extended,
1S77 79
Hephzibah.
Act incorporating, 1870 f'04
Sec. 2, amended, 1872 209
Ad valorem tax, 188G 254
Board of commissioners, election,
vacancies, etc., 1886 254
Term of commissioners, 1886 . 254
By-laws and ordinances, authority
to pass, 1886 254
Clerk, marshal, etc., 1886 251
Fines and imprisonment, 1886... 254
General corporate powers, 1886.. 254
Marshal, salary of, 1886 254
Police court, 1886 254
313
INDEX.
He-Ho
LOCAL LAWS.
Hephzibah — Continued.
Street tax, 1886 254
Tax for shows, 1886 354
Herman Seminary.
Incorporation of, 1"S21 56
Herndon and Swainsboro Railroad Co.
Act incorporating, 1877 237
High Shoals.
Act incorporating: town. 1 874 .... 155
Hightower Co.
Act incorporating, 1868 89
Extension of charter, 1870 264
Hightower Mining Co.
Act incorporating, 18155-6 432
Hightower Slate Works.
Act incorporating, 1872 314
Hiles Banking Company of Summer-
ville, Ga.
Act incorporating, 1884-5 154
Hillman.
Act incorporating town, 1887 573
Hillsboro.
Act incorporating town, 1855-6, p.
381; 1889 1093
Act incorporating repealed,
1874 (see South Rome) 161
Commissioners, Act 1856 amend-
ed, 1860 107
Hillsboro Academy.
Incorporation of, 1818 (Lamar's
Comp.) 23
Hilton.
Act incorporating town, 1889 .... 884
Hiram.
Act incorporating town, Vol. II.,
1890-1 847
Hiwassee.
Act incorporating, 1870 204
Liquor, sale prohibited, 1877.... 171
Hiwassee Railroad Co.
Act incorporating, 1857, p. 74;
1889 436
Extension from Tennessee line to
point on Western and At-
lantic Railroad, 1847 167
Hiwassee River.
Obstructions, removal of, 1851-2.. 279
Obstructions to fish prohibited,
1874 408
Hiwassee Valley Railroad Co.
Act incorporating, 1875 226
Hobbs and Tucker Banking Company
of Albany.
Act incorporating, 18S9 567
Hogansville.
Act incorporating, 1870 205
Bonds for school buildings, 1895. . 235
Corporate limits changed, 1876.. 167
New charter for, 1882-3 393
Public school system for, 1893 ... 424
School commissioners, election,
terms, etc., 1895 233
Schools and schoolhouses, 1895.. 233
Holcomb and Hawkinsville Railroad
Co.
Act incorporating, 1887 317
Home Bank of Atlanta.
Act incorporating, Vol. II., 1890-1, 373
Home Fire and Marine Insurance
Company of Columbus, Ga.
Act incorporating, 1870 224
Home Housebuilding and Manu-
facturing Company of Atlanta,
Ga.
Act incorporating, 1873 175
Home Insurance Co.
Act incorporating, 1863-4 38
Home Loan and Banking Company
of Atlanta.
Act incorporating, 1888. pp. 107,
124; 1889 625
Home Loan and Banking Co.
Abstract and guarantee business,
1898 290
Home Loan and Banking Company
of Atlanta.
Directors, number of, Vol. II.,
1890-1 296
Quorum, term, etc., 1890-1 296
Name changed to "Southern Bank-
ing and Trust Co.," 1893 149
Home Loan Association.
Act incorporating, 1860 135
Homer.
Act incorporating town. 1859 .... 172
Act of 1859 repealed, 1897 234
Dispensary, act establishing,
1898 ". .. 386
Liquor, manufacture and sale,
1889 1352
New charter for 1897 234
Homerville.
Act incorporating town, 1869 .... 80
Board of commissioners, vacan-
cies, how filled, 1876 167
Pines, executions for, 1876 167
New charter for, 1896 187
Road duty, 1870 206
Sentences to work on streets,
1876 167
Homesville.
Act incorporating town, 1353-4. . 252
Constables, two, elected, 1858.. 164
Corporate limits of. 1857 179
Homesville Lodge No. 195 incorpo-
rated, 1855-6 334
Hcschton.
Act incorporating town. Vol. II.,
1890-1 797
Ho-Hu
INDEX.
314:
LOCAL LAWS.
Houston.
Incorporation of, 1840 102
Houston Branch Railroad Co.
Act incorporating. 1S49-50 241
Houston County.
Academy fund appropriation of,
1830 11
Board of commissioners, meet-
ings of. 1898 370
Bonds for building jail, 1872 430
Bonds of officers, 1873 280
Act 1873 repealed. 187-3. 268
Convicts, hire of. 1873 270
Country children's school in city,
1894 256
County commissioners, board
created 1874 ' 345
Oaths, administration of, by,
1876 278
Courthouse and jail, extra tax for
building, 1855-6 547
Election districts, 1830 95
Elko schoolhouse, etc.. sale of,
1893 423
Farm products, buying and selling
prohibited." 1872 484
Act 1873 repealed. 1873 270
Sale regulated, 1876 320
Farmers' Academy, incorporation
of. 1837 3
Fish traps in Big Indian creek,
1876 387
Flint River Academy incorpo-
ration of, 1821 15
Fort Valley, incorporation of, 1836 10
Game and birds, protection of,
1878-9 376
Game protection, 1889 1176
Poor asylum authorized, 1832 p.
51; 1834 '... 40
Poor school fund, 1826 24
Poplar Springs Academy, incorpo-
ration of, 1837 3
Public school svstem, act estab-
lishing, 1872, p. 490; Vol. II.,
1890-1 1049
Act 1872 repealed, 1874 395
General law made applicable, 1874 395
Grand jurors, compensation,
1853-4 471
Haynesville Academy incorpo-
rated, 1838 8
Incorporation of, 1833 15
Indorsements of bonds of Fort
Valley and Hawkinsville R.
R. Co., 1870 453
Insolvent costs, how paid, 1896.. 276
Insolvent costs of solicitor-
general, 1875 298
Jurors, pay of. 1872, p. 486; 1875, 95
Per diem of, 1871-2 240
Line between Crawford and
Houston changed, 1847 67
Between Dooly and Houston
changed, 1853-4, p. 315; 1855-6 130
Between Houston and Macon
changed, 1847, p. 67: 1870, p.
22; 1873, p. 279: 1876 305
Linwood Academy incorporated,
1839 4
Liquor, sale prohibited, 1880-1.. 600
Liquor' license. 1874. p. 404: 1875, 330
How granted, 1874 330
Minerva Academy incorporated,
1838 8
Official bond, Act 1873 repealed,
1875 286
Organization of, 1821 44
Part of. added to Crawford, 1830, 50
Added to Macon, 1837, p. QQ:
1840... : 38
Added to Marion, 1837 66
Added to Pulaski. 1828 54
Part of, cut off, 1822 21
Physicians exempt from jury duty,
1860 213
Republican Academy incorpo-
rated, 1843 91
Road laws, 1871-2 p. 221: 1872,
p. 390: 1877 .' 326
Act 1871 repealed. 1872 430
Act 1877 mandatory, 1882-3 620
Sandy Run Academy incorpo-
rated, 1855-6 296
Site of public buildings, 1823 172
Southern Rights Guards incorpo-
rated, 1859 394
Tax collectors, ex officio sheriff,
1877 284
Tax collector, receiver and treasu-
rer, compensation of. 1875 . 286
Tax sales, authority to purchase
at, 1878-9 360
Term of office, 1887 675
Election of officers, 1887 675
Vacancies in office, 1887 675
Wesleyan Manual Labor School,
incorporation of, 1837 19
Act amended, 1838 151
Houston County Academy.
Incorporation of 1824, p. 13: 1836, 10
Houston Female College.
Act incorporating, 1853-4 124
Perry Baptist Female Seminary
name changed to, 1853-4 .... 124
Houston Okmulgee Academy.
Trustees increased, 1833 17
Howard Factory.
Bond issue, 1851-2 211
Howellville.
Act incorporating town, 1893.... 287
Huntsville Academy.
Incorporation of, 1824 26
315
INDEX.
Hu-Ir
LOCAL LAWS.
Hutchinson's Island.
Water line made permanent, 1841 47
Hutchinson Island Canal Co.
Act incorporating, 1878-9 242
Importers and Traders Bank.
Traders and Importers Bank,
name changed to, 1863-4.... 15
Importing and Exporting Company
of Georgia.
Right to sue, etc., 1872 379
Independent Presbyterian Church.
Act to increase the funds of, 1805, 12
Independent Telegraph Co.
Act incorporating, 1869 69
Indian Springs.
Act incorporating, 1837 133
Improvements authorized, 1869.. 174
Name changed to Flovilla, 1884-5, 389
Removal of obstructions from
streets, 1832 207
Indian Spring and Flovilla Railroad Co.
Extension authorized, Vol. I.,
1890-1 347
Indian Spring Railroad Company
changed to, Vol. I., 1890-1 399
Indian Spring Male and and Female
Academy.
Act incorporating, 1855-6 298
Indian Spring Railroad Co.
Act incorporating, 1851-2, p. 154;
1880-1 294
Corporators added, 1859 316
Name changed to Indian Spring
and Flovilla Railroad Co., Vol.
I., 1890-1 399
Indian Springs Reserve.
Improvement of, for benefit of
State, 1847, p. 193; 1874 382
Police powers exercised by les-
sees, Vol. II., 1890-1 1072
Sale of streets, 1838 142
Use of water power on shoal and
falls, 1865-6 300
Insurance Bank of Columbus.
Incorporation of, 1831 33
Principal office established in
Macon, 1837 46
Insurance Company of the City of
Savannah.
Incorporation of, 1812 49
Interior Bank of the State of Georgia.
Act incorporating, 1853-4 168
International Railway Employees'
Accident Association.
Act incorporating, Vol. I., 1890-1, 498
Irish-American Dime Savings Bank.
Act incorporating, Vol. II., 1890-1 304
Iron and Mining Company of Dade
County, Georgia.
Act incorporating, 1866 115
Iron City.
Charter, 1900 298
Iron Steamboat Co.
Incorporation of, 1835 271
Iron Valley Railroad Co.
Capital stock, 1875 231
Corporators increased, 1875 .... 231
North Georgia and Duck Town
Railroad, name changed to,
1875 231
Irwin County.
Coffee, part of, added to, 1855-6.. 127
Commissioner of roads and reve-
nues, Vol. II., 1890-1 907
Appointment, powers, etc., Vol.
II., 1890-1 907
Commissioner's court, Vol. II.,
1890-1 907
Constables, fees of, 1873 270
Service of process, 1855-6.... 405
County commissioners, board
created, 1887, p. 676; 1900.. 179
Election districts, 1830 108
Fish, poisoning streams, 1859.... 291
Free school fund, 1825 13
Grazing cattle by nonresidents,
taxes, 1860 159
Insolvent costs, 1899 475
Ironville made county seat, 1831 81
Irwin Factory Co., incorporated,
1840 91
Irwinsville made county seat,
1830 216
Jurors, compensation, 1853-4 481
Jurors and bailiffs, compensation
of, 1899 474
Line between Berrien and Irwin
changed, 1857, p. 228; 1859,
p. 269; 1877 -. . . . 275
Between Coffee and Irwin
changed, 1853-4, p. 312; 1857,
p. 230; 1859, pp. 267, 270;
1874 372
Between Irwin and Baker
changed, 1849-50 138
Between Irwin and Dooly
changed, 1855-6 133
Between Irwin and Pulaski
changed. 1855-6 127
Between Irwin and Wilcox
changed, 1858, p. 133; 1860, p.
144; 1862-3, p. 206: 1869, p.
176; 1872, -p. 431; 1876 306
Between Irwin and Wilcox de-
fined, 1865-6, p. 49; 1876 306
Between Worth and Irwin
changed, 1855-6, p. 130;
1865-6 p. 49; 1875, p. 277;
1876 306, 310
Line defined and declared, 1875 277
Liquor, sale restricted, 1877 337
Ir-Ja
INDEX.
316
LOCAL LAWS.
Irwin County — Continued.
Mount Zion church incorporated,
1849-50 75
Organization of, 1819 (Lamar's
Comp.) 236
Part of, added to Berrien, 1855-6, 112
Added to Coffee, 1853-4 294
Added to Lowndes. 1825 54
Added to Wilcox, 1857 46
Added to Worth, 1853-4, p. 308;
1855-6 134
Poor school fund, 1827, p. 21:
1831, p. 10; 1835 173
Public school system established,
1872 490
Registration law for, 1887 751
Law of 1887 amended, 1893 400
Vote to be in district of resi-
dence, 1893 400
Richardson M. E. camp ground
incorporated, 1843 103
Road commissioners' salary, 1897, 392
Road laws, 1829, p. 146: 1857 296
Roads to rivers, etc., 1853-4 550
School books and stationery fur-
nished to children, 1853-4 152
Sheriff, bond of reduced, 1859, p.
282; 1869 173
Site of public buildings, 1827 187
Tax collector and receiver's office
consolidated, 1853-4, p 570;
1859 282
Consolidation act repealed,
1855-6 409
Irwinton.
Act incorporating town 1816, p.
72; 1853-4 ' 253
Act amended, 1817 (Lamar's
Comp.) 1025
Talmadge Normal Institute in-
corporated, 1853-4 146
Irwinton Bridge Co.
Incorporation of, 1837 139
Irwinton Railroad Co.
Act incorporating, 1882-3 217
Irwinville.
Commissioners appointed for, 1831 81
Incorporation of town, 1857 .... 179
Island Creek Baptist Church.
Incorporation of, 1842 46
Island Manufacturing Co.
Act incorporating, 1866 89
Jackson.
Act incorporating, 1826 177
New charter, 1882-3, p. 370;
1898 190
Ad valorem tax, 1898 190 (27)
Annual expenses restricted,
1898 190 (39)
Appearance bond, forfeiture of,
1898 190 (17)
Attorney for town, 1898 190 (44)
Bail, who may take, 1898 190 (16)
Board of school trustees, 1899.. 212
Bonds for public schools, 1899. . . . 212
Broker's tax, 1898 190 (37)
Business license, 1898 190 (31)
Cemetery, 1898 190 (46)
Clerk to make financial statement,
1898 190 (22)
Clerk and treasurer, election, 1898,
190 (21); 1899 212
Corporate limits, 1898 190 (2)
Corporate name and powers,
1898 190 (1)
Debts, how made, 1898 190 (18)
Dues, how collected, 1898 190 (33)
Elections for mayor and council,
1898 190 (20)
Engineer for town, 1898 190 (49)
Expenditures, restrictions on,
1898 190 (13)
Explosives, 1898 190 (45)
Fire limits, 1898 190 (50)
Franchises, how granted. 1898, 190 (34)
Impeachment trials, 1898 190 (52)
Jail, use of, for city offenders,
1874 194
Liquor, sale prohibited, 1898, 190 (32)
Mayor, duties and powers,
1898 190 (1-7)
Oath of. 1898 190 (11)
Mayor and aldermen, election of.
1898 190 (3)
Vacancies, how filled, 1898 190
Mayor and councilmen, ex officio
justice of the peace, 1898. . 190 (9)
Mayor's court, 1898 190 (8)
New charter for, 1882-3 p. 370;
1898 190
Nuisances, 1898 190 (46)
Offenses, power to punish,
1898 190 (48)
Ordinances, power to pass,
1898 190 (14-48)
Penaltv for violation, 1898, 190 (14-48)
Peddlers, 1898 190 (38)
Penalties, 1898 190 (48)
Policemen, oath, bonds, etc.,
1898 190 (24-26)
Public schools, 1898 190 (19)
Public work, 1898 190 (54)
Registration of voters, 1898.. 190 (51)
Sale of personal property, 1898, 190 (53)
Sanitation, 1898 190 (46)
School trustees, 1899 212
Special licenses, 1898 190 (36)
State offenses, power to punish, .
1898 190 (48)
Streets, grades etc., 1898.. 190 (41-43)
Tax assessors, 1898 190 (27, 28)
Oath and compensation of,
1898 190 (27, 28)
Tax rate, 1898 190 (40)
317
INDEX.
Ja
LOCAL LAWS.
Indian Springs — Continued.
Tax receiver and collector,
1898 190 (30)
Theatrical companies, 1898.. 190 (35)
Treasurer's reports, 1898 190 (23)
Vagrants, 1898 190 (47)
Veto power of mayor, 1898.. 190 (10)
Wards, division into, 1898 190 (12)
Jackson and Indian Springs Railroad
Co.
Act incorporating, 1887 320
Jackson Artillery Company.
Act incorporating, 1875 324
Jackson Artillery of Macon.
Act incorporating, 1859 388
Jackson Banking Co.
Act incorporating, 1888 67
Capital stock, Vol. II., 1890-1 314
Deposits by married women and
minors, Vol. II., 1890-1 314
Depository for trust funds, etc.,
Vol. II., 1890-1 314
Executor, guardian, etc., may be,
Vol. IT., 1890-1 314
Jackson County.
Bonds to build courthouse, 1878-9, 353
City court, abolishment of, 1897.. 265
Clerk of superior court and treas-
urer consolidated, 1875 287
County commissioners, board
created, 1874 347
Abolished, 1877 258
County court abolished, 1877 .... 58
County treasurer, election of by
people, 1855-6 404
Division of, 1801 (Clayton's
Comp.) 35
Act amended, 18u2 (Clayton's
Comp.) 90
Dry Pond camp ground, incorpo-
ration of, 1836 78
Election, superintendent, compen-
sation, 1857 246
Franklin county, part of, added to,
1812, p. 24; 1821 54
Insolvent costs, payment of, 1876, 366
Jail, extra tax for building of,
1817 (Lamar's Comp.) 911
Jailer, fees of, 1877 283
Act 1877 repealed, 1882-3 502
Jefferson Methodist church
Georgia R. R. stock continued
by Marton's will, 1859 115
Jurors, per diem of, 1877 102
Line between Clark and Jackson
changed, 1853-4 315
Between Franklin and Jackson
changed, 1855-6, p. 129; 1821, 54
Between Gwinnett and Jackson
changed, 1849-50, p. 137;
1855-6 125
Between Jackson and Banks
changed, 1870 25
Between Jackson and Clark
changed, 1849-50, p. 133; 1860, 140
Between Jackson and Franklin
changed, 1855-6 131
Between Jackson and Madison
changed, 1851-2, p. 71; 1860,
p. 140; 1872 439
Between Walton and Jackson
changed, 1870 25
Line defined, 1819 (Lamar's
Comp.) 231
Liciuor manufacture prohibited,
1899 476
Sale of, 1889 1372
Sale prohibited, 1875 346
Sale regulated. 1876 333
Sale restricted, 1875, p. 333;
1876, p. 195: 1882-3, p. 588;
1884-5, p. 542; 1887 846
Obstruction of streams, removal,
Vol. II., 1890-1 1080
Part of added to Franklin, 1837, 69
Added to Madison, 1853-4 313
Added to Walton. Gwinnett and
Hall, 1818 (Lamar's Comp.) . . 226
Part assigned to Madison county,
1811 114
Poor schools, pay of teachers,
1842 135
Prospect Academy incorporated.
1834 3
Public buildings permanently
located, 1806 6
Road laws. 1830, p. 195; 1845, p.
186: 1859 359
School district and school fund,
1827 19
Sheriff and tax collector consoli-
dated, 1872 • 431
Special tax for new jail, 1875 257
Stock law for, 1889 1278
Tax rate, limitation on, 1877.... 314
Act repealed, 1878-9 393
Teachers of poor children, pay-
ment of, 1840 58
United Lodge No. 36 incorporated,
1845 118
Wafford's settlement, part of, ad-
ded to, 1806 46
Jackson County Academy.
Act of 1818 revived and amended,
1859 77
Jackson Rifles.
Act incorporating, 1859 386
Jackson Savings and Banking Co.
Act incorporating, Vol. II., 1890-1, 228
Jackson Street Railway Co.
Act incorporating, Vol. I., 1890-1. . 300
Jacksonboro.
Incorporation of, 1823 184
Ja-Je
INDEX.
318
LOCAL LAWS.
Jacksonboro — Continued.
Methodist church incorporated,
1828 47
Jacksonville.
Incorporation of, 1815 68
Liquor, sale prohibited, 1876 184
Jakin.
Charter, 1895 236
Jasper.
Incorporation of town, 1857, p.
180; 1882-3 471
Jasper County.
Act of 1834, adding part of New-
ton to Jasper repealed, 1840. 39
Constitutional Hall Academy in-
corporated, 1826 27
County commissioners, board
created. 1874 349
Election districts, 1829, p. 87;
1830 103
Extra tax for school purposes,
1859 95
Farm products, buying and selling
prohibited, 1872 484
Game law for, 1887 720
Hebron Academy, incorporation
of. 1821 34
Inspection of roads and bridges,
~ 1887 667
Jurors, pay of, 1872 486
Act 1871 repealed. 1876 367
Per diem of, 1871-2 240
Jury fees, 1857 274
Line between Chattooga and
Putnam changed. 1842 64
Between Newton changed, 1841,
p. 64; 1849-50. p. 131;
1851-2. p. 60: 1860, p. 143;
1876, p. 308; 1877 277
Between Jones and Jasper
changed, 1347 64
Act 1847 repealed, 1851-2 ... 67
Between Putnam and Jasper
changed, 1853-4 322
Liquor, sale regulated, 1882-3 569
Liquor license, 1873. pp. 284, 399:
1875 330, 350
How granted, 1875 330
Montgomery Academy estab-
lished, 1815 87
Newton, part of. added to, 1822, p.
26: 1834, p. 72; 1849-50 132
Newton county organized out of
part of, 1821 38
Part of. added to Morgan, 1815.. 71
Patrol commissioners, justice of
the peace ex officio, 1859 345
Physicians exempt from jury duty,
1860 213
Poor asylum authorized, 1829.... 110
Poor school fund, 1849-50 391
Poor schools, teachers' pay, 1851-2, 330
Planter's Academy, incorporation
of, 1837 3
Pleasant Academy, trustees of,
1834 3
Randolph Countv's name changed
to, 1812 91
Registration law for, 1889 1206
Act 1889 amended, Vol. II.,
1890-1 993
Sardis Academy, incorporation of,
1818 (Lamar's Comp.) 21
Seed cotton, sale regulated. 1889, 1389
Schools, election and government,
1859 95
School commissioner, ordinary as
ex officio, 1859 95
Bonds, duties, etc., 1859 95
Shady Dale Academy incorpo-
rated, 1833 17
Sheriff, 1857 240
Bond reduced, 1877, p. 298;
1882-3 491.
Sheriff and tax collector consoli-
dated, 1872 431
Stock, running at large prohibited,
1882-3 633
Tax collector ex officio sheriff, 1877 284
To visit widows, etc., 1853-4. . . . 571
Tax collector and superior court
clerk consolidated, 1872 431
Tax collector and sheriff, consoli-
dation act of 1872 repealed,
1876 334
Unlocated territory added to, act
as to amended, 1816, p. 34;
1822 : 28
University of Georgia, purchasers
of lands, indulgence to, 1821, 21
Walker's Academv, act incorporat-
ing, 1853-4 139
Walton, part of, added to, 1820.. 80
Jasper County Academy.
Trustees, appointment of, 1824.. 3
Jefferson.
Act incorporating, 1806 p. 6; 1812,
p. 11: 1851-2, p. 427: 1833, p.
324: 1855-6, p. 379: 1872 210
Act 1872 repealed, 1873 149
Act incorporatiing repealed, 1877, 172
Act 1872. sec. 14, revived, 1877, 172
New charter, 1899 232
City, town converted into, 1896.. 191
City court established, 1897 485
Commissioners appointment pow-
ers, etc., 1845 104
Extension of corporate limits,
1874, p. 214; 1889 839
Fines and imprisonments, 1889.. 839
Liouor, sale prohibited, 1875 .... 346
License forbidden, 1884-5 369
Macadamizing public square, 1886 236
319
INDEX.
Je-Jo
LOCAL LAWS.
Jefferson — Continued.
Martin Institute, bond issue,
1384-5 596
Mayor and council, 1896 191
New charter for, 1899 214
Act of 1872 repealed, 1899 232
Police court, 1889 839
Registration law of 1891 repealed,
1892 241
Regulations of town of, 1806, p.
6; 1808, p. 97; 1831 246
Streets, authorizing, 1818 (La-
mar's Comp.) 1048, 1049
Powers over, 1882-3 339
Damages, appeal, etc., 1882-3.. 339
Jefferson Banking Co.
Act incorporating, Vol. II., 1890-1, 214
Jefferson County.
Academy trustees added, poor
school fund applied, 1827 .... 4
Baptist church at Bethsaida, in-
corporation of, 1836 78
Baptist church at Ozias, incorpo-
ration of, 1836 78
Board of education, pay of, 1884-5, 439
County court abolished, 1889 .... 1157
Abolishing act repealed, 1892 . . 225
County commissioners, election of,
1873 248
County commissioners, pay of,
1.884-5 439
County seat, 1801 (Clayton's
Comp.) 19
Courthouse, extra tax for building,
1847 287
Elections, 1826 89
Election districts, 1827, p. 87;
1830 , 91
Farm products, sale regulated,
1876 312
Game and bird protection, 1875.. 295
Hunting regulated, 1876 345
Jail, building of, 1828 97
Extra tax for building, 1806,
p. 25; 1821 108
Jurors, compensation of, Act of
1856 repealed, 1858 186
Line between Glasscock and Jef-
ferson changed, 1860 138
Between Jefferson and Eman-
uel, Act 1854 repealed,
1855-6, p. 132: 1857 329
Between Washington changed
and defined, 1839 33
Liquor, sale prohibited, 1880-1.. 608
Liquor license, 1873, p. 271; 1874,
p. 402; 1875 329, 347
Martin Institute incorporated,
1874 316
Physicians and millers exempt
from military duty, 1861 116
Poorhouse, 1831 ! 172
Public roads and bridges, 1810... 114
Registration law for, Vol. II.,
1890-1 978
Road laws, 1829, p 150; 1841, p.
191; 1851-2 ...'. 525
Law of 1818 repealed, 1819 (La-
mar's Comp.) 794, 795
Seed cotton, sale of, Vol. II., 1890-1, 1076
Act prohibiting sale, repealed,
1892 260
Sheriff, bond of, amount, 1859 282
Fees for summoning jurors,
1859 282
Tax collector and receiver con-
solidated, 1839 43
Act consolidating offices re-
pealed, 1842 169
Compensation, 1875 287
Tax for school purposes, election
on, 1877 345
Treasurer, compensation of, 1896, 277
Jefferson Railroad Co.
Act incorporating, 1889 402
Jefferson Street Bank.
Act incorporating, Vol. II., 1890-1, 281
Jeffersonville Land Company.
Incorporation of, 1837 144
Jenkinsburg.
Act incorporating town, 1889 .... 876
Jesup.
Act incorporating 1870 207
Fire limits, 1893, ' 222
Power of mayor and aldermen,
1893 222
New charter for, 1888 245
Act 1870 amended and extended,
1888 245
Publication, Act 1888, sec. 23, re-
pealed, Vol. II., 1890-1 852
Public school system for, 1893 . . . 424
Registration fee, sec. 8 of Act of
1888, repealed, 1897 243
School tax, 1900 202
Town surveyor, duties, etc., 1893 . . 222
Jesup and Waynesville Railroad Co.
Act incorporating, Vol. I., 1890-1, 443
Jewell's Mill.
Act incorporating town, 1872.... 216
Jewish Congregation of Savannah.
Annual meetings, 1851-2 359
Joe Brown Manufacturing Company.
Cherokee Manufacturing Com-
pany's name changed to, 1872. 295
John "King Banking Company.
Act incorporating, 1868 31
Johnson County.
Board of Commissioners created,
1876 278
Compensation of tax collector,
receiver, treasurer and jurors,
1877 297
Jo-Ju
INDEX.
320
LOCAL LAWS.
Johnson County — Continued.
County commissioners, board
created, 1875, p. 258; 1878-9,
p. 350; 1900, p 182
Abolished, 1877, p. 259; 1888,.. 288
Number, election, etc., 1882-3.. 519
Jurors, per diem of, 1876 379
Line between Emanuel and John-
son changed, 1860, p. 137;
1862-3, p. 80; 1875 273
Between Laurens and Johnson
changed, 1874, p. 372; 1876.. 306
Liquor, sale restricted, 1875 .... 34S
Liquor license, 1875 330
How granted, 1875 330
Road hands, apportionment of,
1877, p. 324; 1878-9, 390
Road work reduced, 1859 358
Act 1859 repealed, 1889, 1237
General road law adopted, 1889 . 1237
Seining in Ohoopee river prohib-
ited, 1872 488
Act 1872 repealed, 1873 271
Sheriff, bond reduced. 1859 283
Tax collector, receiver and treas-
urer, compensation of, 1876 . . 379
Treasurer, election of, 1859 276
John W. Lewis Manufacturing Co.
Act incorporating, 1874 272
Jones County.
Baptist church at Clinton incor-
poration of, 1836 78
Bethel Baptist church incorporat-
ed, 1841 34
Blountsville Academy, trustees
for, 1834 3
Clinton Academy, incorporation
of, 1821 31
Commissioners of roads, office
created 1876 280
Abolished, 1878-9 338
Commissioners of roads and reve-
nues, number and election,
1899 477
Oath and qualifications, 1899 ... 477
County commissioners, board
created, 1894 206
Courthouse, extra tax for build-
ing, 1818 (Lamar's Comp.) ... 923
Creation of, 1807 (Clayton's
Comp.) 657
Elections, 1826 94
Election districts, 1827, p. 90;
1831 ; 125
Farmers' Academy incorporated,
1822 5
Name of changed, 1823 21
Farm products, buying and selling
prohibited, 1872 484
Fines and forfeitures, how used,
1821 106
Fish protection, 1874 407
Flat Shoal Academy, incorpora-
tion of, 1826 22
Fortville Academy incorporated,
1822 3
Game laws, 1878-9 376
Jail, extra tax for building, 1819
(Lamar's Comp.), p. 932; 1820. 42
Line between Bibb and Jones
changed, 1853-4, p. 320; 1875. 273
Between Jones and Baldwin
changed, 1855-6 128
Between Jones and Jasper
changed, 1847 64
Act 1847 repealed, 1851-2 67
Liquor, sale restricted, 1882-3 . . . 564
Liquor license, 1882-3 580
Mount Lebanon Academy incor-
porated, 1853-4 196
Part of, added to Bibb, 1849-50, p,
129; 1834. 71
Added to Bibb by Act of 1835,
repealed 1837 68
Cut off, 1822 21
Permanent site of public build-
ings, 1808 73
Poor asylum authorized, 1829 .... 110
Poor school fund, 1827 24
Putnam, part of, added to, 1810. . . 52
Seed cotton, sale of, 1897 576
Sheriff and tax collector consoli-
dated, 1872 431
Teachers, arrearages due, 1853-4. 147
Union Hill Male and Female Sem-
inary, incorporation of, 1833. ... 22
Jones' Creek Baptist Church.
Incorporation of, 1837 50
Jonesboro.
Act incorporating town, 1859 .... 175
New charter, 1880-1 397
Act reincorporating town, 1872 . . 217
Previous act repealed, 1872 .... 217
Corporate limits defined, 1861, p.
94; 1873 149
Election for officers, 1880-1 397
Qualification of voters, 1876 . . . 150
Ladies' Memorial Association, ap-
propriation of, 1872 487
Name changed to "Mayor and
Council," 1880-1 397
Public school fund, 1892 196
Public school system established,
Vol. II., 1890-1 1036
Qualification of voters, 1880-1 397
Registration of voters, 1880-1 397
Registration books, 1876 150
Jug Tavern.
Act incorporating town, 1884-5 . . . 339
Marshal a constable, 1887 608
Mayor and J. P., 1887 608
Reincorporated as Winder, 1893 . . 223
321
INDEX.
Ka-La
LOCAL LAWS.
Kansas City, Chattanooga and Port
Royal Railroad Company.
Act incorporating, 1889 287
Kinchafoonee County.
Line between Stewart and Kincha-
foonee changed, 1853-4 312
Name changed to Webster, 1855-6. 414
Organized out of Stewart, 1853-4 . 304
Kinchafoone Creek.
Obstructions in prohibited, 1876.. 389
Kingston.
Act incorporating town, 1869 .... 81
Corporate limits changed, 1873 . . 150
Chain gang, 1895 241
Commissioners, election to fill
vacancies, 1870 208
Liquor sale prohibited, 1875 329
Prohibitory law repealed, 1877. 156
Street working and tax, 1895 .... 241
Trial of offenders, 1895 241
Kingston, Walesca and Gainesville
Railroad Company.
Act incorporating, 1880-1 328
Extension towards Savannah
River, 1889 411
Transfer of charter, 1889 411
Kirkwood.
Charter, 1899 233
Kite.
Act incorporating town, Vol. II.,
1890-1 755
Knoxville.
Act incorporating, 1825 183
Commissioners appointed, 1842 . . 97
Public school system, 1899 454
Site of public buildings, 1823 70
Knoxville Academy.
Incorporation of, 1825, p. 9; 1827. 7
Knoxville Extension, Augusta and
Dahlonega Railroad Co.
Act incorporating, 1889 304
Knoxville Male and Female Academy.
Incorporation of, 1842 3
Kellogg Gold Mining and Manufac-
turing Company.
Act incorporating, 1866 116
Kennesaw.
Act incorporating town, 1887 .... 520
Kennesaw Mills Company.
Act incorporating, 1877 205
Kennesaw Mining Company of Georgia.
Act incorporating, 1865-6 165
Name changed to Kennesaw Min-
ing and Manufacturing Com-
pany of Georgia, 1866 106
Kennesaw Mining and Manufacturing
Company of Georgia.
Kennesaw Mining Company of
21— Ga. Code
Georgia, name changed to,
1866 106
Kestler.
Charter 1900 303
Keysville.
Act incorporating town, Vol. II.,
1890-1 657
Laborers' Loan and Savings Bank.
Act incorporating, 1889 553
Laborers', Merchants' and Mechan-
ics' Loan and Trust Co.
Act incorporating, 1870 118, 121
LaFayette.
Board of trustees, 1897 244
By-laws, obedience to, 1858 140
Commissioners, appointment of,
1858 140
Powers of commissioners, 1858, 140
Election for public schools, 1897. 244
Extension of corporate limits,
1897 244
Liquor, sale prohibited, 1880-1 . . 622
Liquor licenses, 1874 194
Mayor and councilmen, election,
duties, etc., 1884-5 372
New charter for, 1889 1095
Night schools at Union Cotton
Mills, 1897 244
Provision for schools, 1897.... 244
School for colored children, 1897 . 244
School fees of nonresidents, 1897. 244
School tax, 1897 244
Streets, working of 1869 97
Act 1869 repealed,' 1873 150
Tax, authority to impose, 1869... 97
Levy and collection, 1889 1095
Tuition free, 1897 244
LaFayette Female Academy.
Act incorporating, 1849-50 ...:... 30
LaFayette Hall Academy.
Incorporation of 1827 18
LaGrange.
Act incorporating, 1855-6 356
Ad valorem tax, Vol. II., 1890-1. 549
Assessors, election, duty, etc.,
1875 . . 179
Bonds, election for, 1897 248
To aid railroad, 1871-2 113
Commissioners' power restricted,
1832 198
Appointment of, 1847 29
Condemnation for street purposes,
Vol. II., 1890-1 546
Corporate limits defined, 1847. ... 33
County seat made permanent at,
1847 33
Diligent firemen company incor-
porated, 1857 201
Privileges extended to Inde-
pendent Fire Co., 1857 201
La
INDEX.
322
LOCAL LAWS.
LaG range — Continued.
Election laws 1882-3 387
Election of officers, 1869 97
Extension of corporate limits,
1855-6 356
Justice court term, 1857 271
LaG range Light Guards exemp-
tion from jury duty, 1874 ... 317
Liquor, sale submitted to elec-
tion. 1876 185
Mayor and aldermen, election of,
1857 181
Mayor and council, meetings of,
1869 97
Quorum, 1869 97
Mayor pro tern., 1869 97
Offenders, how dealt with, 1875 . . 179
Powers of intendant, etc., defined,
1851-2 431
Public school system established,
1882-3 653
Sale of certain lots in, author-
ized, 1843 23
Sale? under tax p. fas., 1875 179
Subscription to stock in railroad
from LaGrange to Columbus,
1859 180
Tax, levy of, 1871-2 114
Exemptions repealed. 1875 .... 179
Limit of taxation, 1889 810
Water works and electric lights,
Vol. II., 1890-1 547
Water works, electric lights and
sewerage, 1897 248
LaGrange and Barnesville Railroad
Company.
Act incorporating, 1871-2 189
LaGrange and Oxford Railroad Co.
Act incorporating, 1855-6 161
LaGrange and Troup Factory Rail-
road Company.
Act incorporating, 1857 70
LaGrange Bank.
Act incorporating, 1851-2 35
LaGrange Banking and Trust Co.
Act incorporating 1871-2 151
Capital stock, increase of, 1872 . . 91
LaGrange Collegiate Seminary.
Act incorporating, 1849-50 Ill
LaGrange Female Academy.
Incorporation of, 1831. . 3
LaGrange Female College.
LaGrange Female Institute, name
changed to, 1851-2 312
New charter for, 1860 175
Sale, act authorizing, ratified, 1860 175
LaGrange Female Collegiate Seminary.
Name changed to Southern and
Western Female College,
1851-2 311
LaGrange Female Institute.
Incorporation of, 1847 120
Name changed to LaGrange Fe-
male College, 1851-2 312
LaGrange High School.
Incorporation of, 1838 140
LaGrange Light Guards.
Act incorporating, 1855-6 431
Exemption from jury and road
duty, 1875 97
LaGrange North and South Railroad
Company of Georgia.
Act incorporating, 1884-5 263
LaGrange Savings Bank.
Act incorporating, 1865-6 90
LaGrange Southern and Western Fe-
male College.
Name changed to Southern Fe-
male College at LaGrange,
1853-4 131
LaGrange Steam Mill.
Act incorporating, 1851-2 208
LaGrange Street Railroad Company.
Act incorporating, 1887 239
Lake Park.
Act incorporating town, Vol. II.,
1890-1 659
Charter of, 1897 259
Lamar.
Act incorporating, 1855-6 380
Lanier.
Incorporation of. 1838 121
Lanier House Company.
Capital stock amount of, 1872.. 487
Laurel Mills Manufacturing Company.
Act incorporating, 1877 206
Laurens County.
Advisory Board of Commissioners
created, 1873 272
Almshouse authorized, 1847 15
Baptist church at Holly Springs
incorporated, 1831 57
Bridge over Oconee River, 1882-3,
p. 617: 1884-5, 571
Building commissioners, powers,
duties, etc., 1882-3 617
Buckeye Academy incorporated,
1833 17
Dividends due to, 1835 7
Trustees increased, 1842 5
Creation of, 1807 (Clayton's
Comp.) 657
Cotton seed, sale of, prohibited, .
1899 . .' 479
County commissioners, board
created, 1875 p. 258; 1893... 362
Abolished, 1877 259
. Advisory board, under act of
1873, abolished, 1875 258
323
INDEX.
La-Le
LOCAL LAWS.
Laurens County — Continued.
Compensation and powers of,
1876 367
County court abolished, Vol. II.,
1890-1 933
Deer, protection of, 1871-2, p. 247;
1872, 432
Division of, 1808 52
Dublin Academy, incorporation of,
1836, p. 10; 1843 86
Dublin fixed as county seat, 1811. . 133
County dividends due to, 1835 . . 7
Election districts, 1831 125
Extra tax for paupers, 1855-6.... 547
For support of poor, 1853-4.... 340
Farm products, sale of, regulated,
1875 301
Fees of tax receiver and collector,
1878-9 355
Jurors, compensation of, 1876 .... 368
Per diem of, 1877 100
Laurens Hill Academy incorporat-
ed, 1838 ■ 3
Laurens Lodge No. 75 incorporat-
ed, 1855-6 334
Line between Laurens and John-
son changed, 1874, p. 372;
1876 306
Between Montgomery and Lau-
rens changed, 1874 373
Liquor sale of, Vol. II., 1890-1, p.
1054; 1889, 1360, 1363
Sale regulated, 1889 1365
Liquor license, 1874, p. 404; 1875. 330
How granted, 1875 330
Montgomery, part of added to,
1859 '. 271
Obstructions in Turkey Creek,
1870 457
Part of, added to Montgomery,
1835, p. 72; 1838 81
Parts of Washington and Mont-
gomery added, 1811 168
Physicians exempt from jury duty,
1860 213
Poor school act amended, 1843 . . 45
Fund, 1831 17
Teachers, pay, 1851-2 339
Public school system established,
1872 490
Registration of voters, 1887, p.
783: Vol. II., 1890-1 962
Act 1887 amended, Vol. II.,
1890-1 962
Act 1890 amended, Vol. II.,
1890-1 992
Road laws, 1815, p. 81; 1818 (La-
mar's Comp.), p. 784; 1827, p.
170; 1828, p. 140; 1831, p. 211;
1853-4 552
Site of public buildings fixed,
1810 95
Tax receiver and collector, com-
pensation of, 1877 292
Teachers, arrearages due, 1853-4 . . 147
Treasurer and clerk of superior
court consolidated, 1877 292
Troup Academy incorporated,
1836 10
Turkey Creek Camp Grounds in-
corporated, 1843 104
Laurens County Academy.
Incorporation of, 1819 (Lamar's
Comp.) 27
LaVert Female College.
Conveyance to South Georgia Con-
ference M. E. Church, 1870 . . 473
Lavonia.
Incorporation of, 1896 192
Lawton.
Act incorporating town, 1874 (see
Dupont) 156
Lawtonville.
Act incorporating town, 1871-2 . . 115
Charter repealed, 1880-1 484
Lawrenceville.
Act incorporating. 1821 37
New charter, 1882-3 356
City, town created into, 1897 258
Commissioners' duties defined,
1823 163
Authority restricted, 1829 .... 194
Election and powers, 1833 323
Power increased, 1863-4 88
Compensation of president,
1863-4 88
Extension of corporate limits,
1863-4 88
Fees of officers, 1876 185
Liquor, sale prohibited, 1875 .... 343
Prohibition act repealed, 1877. . 172
New charter for, 1882-3 356
Public school system for, 1893.. 428
Subscription to and bonds for
Macon and Cincinnati Rail-
road authorized, 1872 348
Lawrenceville Academy.
Incorporation of, 1824 5
Act amended, 1825 12
Trustees added, 1827 28
Lawrenceville Branch Railroad Co.
Act incorporating, 1877 239
Bonds, issue authorized, 1878-9 . . . 222
Lawrenceville Manufacturing Co.
Act incorporating, 1851-2 208
Lawrenceville Railroad Company.
Act incorporating, 1851-2 148
Leaksville Academy.
Incorporation of, 1823 15
Leary.
Act incorporating town, 1880-1,
p. 448; Vol. II., 1890-1 761
Le-Li
INDEX.
324
LOCAL LAWS.
Lee County.
Bonds for courthouse, 1873 229
Caney Head M. E. Church incor-
porated, 1842 41
Constables, fees of. 1870 445
Convicts, farming out of, 1877 . . 55
County commissioners, board
created, 1876 281
Election, compensation, etc.,
1884-5 422
Salary of, 1896 278
County court, act establishing,
1872 408
County site to be selected, 1847. . 45
Removal of. to Leesburg, 1872 . 264
Court of ordinary, terms of, 1882-3. 512
District elections, 1827 96
Dooly, part of added to, 1827 71
Repealed. 1842 64
Election districts, 1829, p. 26:
1830. p. 89, 91: 1834 110
Extra tax for turnpike across
Muckalee Creek, 1860 228
Farm products, buying and selling
prohibited, 1872 484
Fees of justices and constables,
1857 270
Of Justices of the peace and
bailiffs, 1851-52 443
Fish, protection of. 1897 583
Act 1897 repealed, 1899 479
Jurors, compensation of, 1855-6, p.
493: 1875 95
Level Green Academy incorporat-
ed. 1842 7
Line between Sumter. 1841, p.
67: 1851-2, p. 65: 1859, p. 272;
1862-3 80
Between Lee and Terrell
changed. 1855-6, p. 128: 1865-6.
p. 49; 1872 432
Liquor, restrictions on sale, 1884-5. 534
Liquor license, 1875, p. 330: 1880-1 619
How granted, 1875 330
Magistrates, fees of, 1870 445
New county site, 1853-4 268
Act 1851 repealed, 1853-4 268
Organization of, 1826 57
Palmyra Academy, incorporation
of, 1837 3
Part of. formed into Sumpter, 1831 76
Added to Terrell. 1855-6 117
Randolph organized out of, 1828. . 53
Registration of voters, 1884-5.... 609
Act 1884 amended, Vol. II.,
1890-1 989
Removal fund, 1855-6 493
Seed cotton, sale of, 1878-9 400
Solicitor's fee in county court,
1897 531
Starksville, made county seat, 1832
p, 48; 1839, p. 94; 1851-2 457
Starksville Academv, incorpora-
tion of, 1833. p. 8: 1851-2 329
Trustees increased, 1834 15
Stock running at large, traffic in
regulated. 1857 253
Stock law for, 1887 806
Tax collectors, insolvent list,
1851-2 534
Tax collectors and receivers con-
solidation act repealed, 1847. . 294
Teachers, ordinary to pay, 1855-6. 305
Leesburg.
Aldermen, number of. 1898 219
Terms of office, 1898 219
Charter Act 1872 is, 1874 201
New charter, 1898 204
Clerk, election and duties, 1874 . . 201
Corporate limits, 1874 201
County site, removed from Starks-
ville to, 1872 264
Dispensary, 1898 216
Mayor, term of. 1898 218
Mayor pro tern,, 1898 218
Mavor and councilmen, ele^t'on,
* 1873 201
New charter for, 1898 204
Wooten, name of, changed to. 1874 201
Leeton.
Act incorporating town, 1871-2. . . 302
Legislature.
Biennial sessions of. 1840, p. 33:
1841 60
Leslie.
Act incorporating, 1892 202
Levert College.
Act incorporating, 1855-6 280
Talbotton Female Academy, nam?
changed to, 1855-6 280
Lewis Manufacturing and Mining Co.
Act incorporating, 1866 117
Lexington.
Baptist church incorporated,
1851-2 370
Charter, 1899 233
Methodist Episcopal church incor
porated, 1827 193
Presbyterian church incorporated,
1827 81
Regulation of town of. 1806. p. 8;
1807 (Clayton's Comp.) . 400
Act of 1806 repealed, 1826 176
Amendment of incorporation
act, 1816 113
Lexington Terminal Railroad Com-
pany.
Act incorporating, 1887 253
Penalty for failing to pay tax re-
lieved, Vol. I., 1890-1 26G
Liberty County.
Beef sellers to produce ears, 1895. 425
325
INDEX
Li
LOCAL LAWS.
Liberty County — Continued.
Board Creek, removal of obstruc-
tions, 1868 161
Butchering cattle, sheep or hogs,
1897 577
Clerk superior court and sheriff,
compensation of, 1876 367
• Constables, election, 1830 102
County commissioners, board
created, 1871-2 229
Appointed by governor, 1889 . . . 1135
Compensation increased, Vol,
II., 1890-1 912
Vacancies in office, 1889 1135
Publication of minutes, 1893 363
Session of board, 1872 433
Fees of commissioners, 1872 . . . 433
Court of ordinary, time of keeping
office open, 1875 82
Darien Hussars, 1823 99
Division lines, act to ascertain,
1803 (Clayton's Comp.) p. 175;
1806 31
Elections regulated, 1824, p. 60;
1826 88
Extra tax for support of soldiers'
families, 1865-6 45
Farm products, buying and selling
prohibited, 1872 484
Game protection, 1874 296
Act 1874 repealed, 1875 298
Hinesville Academy incorporated,
1839 8
Line between Mcintosh and
Liberty fixed, 1857, p. 230;
1871-2 241
Between Tatnall and Liberty
changed, 1837 p. 68; 1853-4,
p. 321; 1855-6' 129
Liquor license, 1876, p. 334; 1878-9 388
Malmaison Academy incorporated,
1838 3
Midway church, lottery for inclos-
ing burial ground, 1810 .... 46
Midway meeting house, election
of 'selectmen, 1889 1408
Newport Baptist church incorpo-
rated, 1818 (Lamar's Comp.) 839
Ordinary, bond increased, 1889.. 1136
Part of, added to Tatnall, 1811. . . 173
Petit jury, compensation, 1853-4, 471
Police board, 1859 345
Powers, duties, etc., 1859 345
Poor asylum established, 1833... 32
Public roads of, 1803 (Clayton's
Comp.) 152
Act amended, 1804 (Clayton's
Comp.) 215
Registration law for, Vol. II.,
1890-1 987
Law of 1891 amended, 1893 401
Vote may be at convenient pre-
cinct, 1893 401
Road laws, 1806, p. 81; 1811, p. 20;
1849-50, p. 365; 1874 396
Savannah Flour Mill Co., act in-
corporating, 1858 119
Sheriff's bond, Vol. II., 1890-1 912
Bond reduced, 1874 396
Surveyor of county line, 1855-6.. 407
Surveyor to run line between
Liberty and Bryan, 1855-6 484
Tattnall, part of, added to, 1837. . 68
Tax collector's fees reduced,
1853-4 573
Act 1853 repealed, 1855-6 406
Taylor's Creek Union Academy in-
corporated, 1833 17
Tranquil Institute incorporated,
1835 115
Walthourville Academy, incorpo-
ration of, 1823 22
Walthourville Presbyterian
Church incorporated, 1858; p.
119; 1860 81
Walthourville Union Chruch in-
corporated, 1841 37
Walthourville Union Institute in-
corporated, 1834 145
Liberty Independent Troop of
Cavalry.
Exemption from road duties, 1876, 385
Lincoln County.
Advertisements, where published,
1840 ' 50
Aramatheon Methodist Church
incorporated, 1851-2 361
Board of education, act estab-
lishing, 1858 112
Bonds for building courthouse,
1874 326
To build jail, 1899 480
Clerk, authority as justice of
peace, 1857 241
County court, act repealed, 1873. . 273
County treasurer may hold office
of clerk of superior court, and
vice versa, 1875 228
Double Branch Academy incorpo-
rated, 1825 6
Double Branches Baptist Church
incorporated, 1831 64
Double Branch meeting house, in-
corporation of 1830 68
Election districts, 1831 125
Farm products, buying and sell-
ing prohibited, 1872 484
Game protection, 1875, p. 302;
1877 317
Greenwood church incorporated,
1811 146
Hunting regulated, 1876 345
Insolvent costs, 1877 314
Li-Lo
INDEX.
326
LOCAL LAWS.
Lincoln County — Continued.
Jail, extra tax for building of.
1815 84
Jurors, compensation of. 1855-6.
p. 493: 1873, p. 274: 1877 100
Jurors' fees.. 1853-4 477
Line between Wilkes and Lincoln
changed. 1851-2 66
Liquor, licenses regulated. 1858.. 161
Methodist Church incorporated,
1840 83
New Hope Baptist Church in-
corporated. 1849-50 72
Officers, compensation of. 1880-1. 527
Poor, extra tax assessed for, 1819
(Lamar's Comp.) 930
Poor school fund, 1858 112
Election of school commission-
ers, 1858 112
Road duty, exemptions, 1877 328
Road laws. 1833, p. 299: 1837, p.
236: 1841, p. 187: 1847, p. 277;
1853-4 552
Seed cotton, sale of prohibited,
1884-5 651
Superintendent of roads and
bridges. 1865-6 247
Teachers, ordinary to pay, 1855-6 303
Lincoln County Academies.
Right to share in fines and for-
feitures fund, 1830 14
Lincolnton Female Academy.
Incorporation of, 1836 5
Trustees increased. 1836 . . •. 5
Lincoln Lodge No. 78.
Act incorporating, 1851-2 384
Lincoln Mining Co.
Act incorporating, 1853-4 360
Lincolnton.
Academy for, 1889 1311
Commissioners, vacancies, 1834 . . 261
Powers increased, 1859 180
Incorporation of, 1817 (Lamar's
Comp.) 1044
Liquor license, 1859 180
New charter for 1887, p. 614: Vol.
II.. 1890-1 .' 602
Qualification of voters. 1859 180
Road working, 1820 95
Tax for school fund, 1897 259
Tax returns, collection, etc., 1872, 221
Lithonia,
Act incorporating. 1855-6 359
NTew charter, 1888 226
Board of education created, 1895, 243
Bond for school building Vol. II.,
1890-1 .' 1044
Election of municipal officers,
1884-5 375
Liquor license, 1873 150
Local option act, 1876 18(5
New charter for, 1888, p. 226: Vol.
II., 1890-1 602
Previous laws consolidated. Vol
II., 1890-1 602
Punishment of offenders. 1884-5.. 395
Special powers of town officers,
1884-5 395
Tax returns and collections, 1884-5 395
Little River.
Fish protection, 1874 407
Obstruction to passage of fish,
1857 289
Little River Mining Co.
Act incorporating, 1865-6 166
Loan and Savings Bank of Griffin.
Griffin Loan. Trust and Saving In-
stitution's name changed to,
1870 114
Locust Grove.
Act incorporating town, 1893 .... 233
Extension of corporate limits,
1895 246
Liquor, sale prohibited, 1875 '332
Locust Grove Academy.
Incorporation of, 1827 22
Logansville.
Act incorporating town, 1887 .... 508
Bonds for public schools, 1898. . . . 347
Liquor, sale of, 1889 1366
Logansville Railroad Co.
Act incorporating, 1880-1 272
Long Cane.
Liquor, sale prohibited, 1880-1... 615
Long Shoals and Rockland Railroad Co.
Act incorporating. 1887 241
Extension of line, 1889 414
Lookout and Raccoon Turnpike Co.
Incorporation of, 1841 107
Lookout Mountain.
Road over, appropriation for,
1849-50 21
Lookout Mountain, Lula Lake and
Gadsden Railroad Co.
Act incorporating, 1887 297
Bonds authorized, 1889 405
Capital stock increase of, 1889.. 405
Route, 1889 . '. 405
Union with other roads, 1889 .... 405
Lookout Mountain Railroad Co.
Act incorporating, 1870 333
Additional corporators, 1871-2.... 191
Consolidation with other roads,
1872 346
Directors, election of, 1871-2 191
Northern terminus, 1872 346
Union with other roads, 1871-2. . . . 191
Lookout Railroad Co.
Act incorporating, 1855-6 170
327
INDEX.
Lo
LOCAL LAWS.
Lookout Valley Mining Co.
Act incorporating, 1865-6 168
Loud Hydraulic Hose Mining Co.
Act incorporating, 1860 124
Louisville and Wadley Telegraph Co.
Act incorporating, 1884-5 285
Louisville.
Academy building, authority over,
1859 182
Academy of Louisville, sales ap-
propriated to, 1808 92
Act incorporating, 1786 (Mar. and
C. Dig.) 129
Act regulating town, 1798, (Mar. &
Cr.) 130
Titles to certain lots conferred,
1799 (Mar. & Cr.) 130
Ad valorem tax, 1882-3 457
Commissioners authorized to sell
alleys and streets, 1803 (Clay-
ton's Comp.) 126
Act amended, 1804 (Clayton's
Comp.) 207
Commons, sale of, prohibited, 1876 168
Election, 1859 182
License taxes. 1882-3 457
Liquor sale prohibited, 1880-1 420
Liquor' license, 1865-6 282
Liquor tax, 1859 182
Louisville Academy, authority to
sell commons, 1876 168
New charter for, 1900 305
Prior act superseded, 1900 .... 305
Public academy for, 1889 1306
Public school system for, 1893. . . . 431
Punishment of offenders, 1882-3 . . 457
Purchase of land by commis-
sioners, 1889 868
Regulation act amended, 1817
(Lamar's Comp.) 973, 974, 976
Sale of state house and public
square, 1813 80
State house made a public arsenal,
1807 (Clayton's Comp.) 400
Streets, authority to sell, 1853-4,
p. 256; 1859 182
Street tax, 1882-3 457
Subscription to stock of Louis-
ville Branch R. R. Co., 1872. . 222
Tax, power to, 1859 182
Tax upon pleasure carriages,
1837 263
Title of lot holders confirmed,
1815 72
Town commons, commissioner's
powers, 1843 109
Louisville and Wadley Railroad Co.
Bonds, liens of, 1878-9 220
Borrow money, act authorizing,
1878-9 220
Capital stock, reduction of, 1878-9, 216
Damages for right of way, 1878-9, 216
Louisville Branch Railroad Com-
pany's name changed to,
1878-9 216
Wadley made junction point with
Central Railroad, 1878-9 216
Louisville Branch Railroad Co.
Act incorporating, 1872 346
Augusta extension authorized, Vol.
L 1890-1 382
Borrow money, authority to, Vol.
I., 1890-1 341
Capital stock, increase of, Vol. I.,
1890-1 342
Lease or sale, Vol. I., 1890-1 382
Name changed to Louisville and
Wadley Railroad Co., 1878-9. . 216
Louisville Railroad Co.
Incorporation of, 1838 170
Louisville, Waynesboro and Alex-
ander Railroad Co.
Act incorporating, 1887 178
Louvale.
Act incorporating town, 1893.... 237
Lovett.
Act incorporating town, 1889.... 785
Lovejoy.
Act incorporating town, Vol. II.,
1890-1 806
Lowndes County.
Agricultural products, Act 1869 re-
pealed, 1870 458
Bonds for building courthouse,
1872 433
City court abolished, 1894, p. 217;
1897 527
Commissioners, change county
line, 1860 • 166
Commissioners to remove county
site, 1860 167
Common schools, 1845 88
County commissioners, board
established, 1871-2 227
Pay of, Vol. II., 1890-1 928
County site, location of, 1859 298
Courthouse and jail, building of,
1834, p. 75;; 1835, p. 262;
1845 85
Election districts, 1828, p. 84;
1829, p. 90; 1830 96
Farm products, sale regulated,
1869 178
Buying and selling prohibited,
1872 484
Franklinville made county seat,
1828 151
Game protection. 1876 334
Jail, extra tax for building, 1828, 146
Jurors and bailiffs, per diem of,
1877 105
Lo-Lu
INDEX.
328
LOCAL LAWS.
Lowndes County— Continued.
Jury scrip, authoritv 10 issue.
1869 171
Line between Berrien and
Lowndes. 1857, p. 228: 1S70,
p. 28: 1873 273
Between Lowndes and Brooks
changed. 1859, p. 298: 1870.. 28
Between Lowndes and Echols
changed. I860, p. 141: 1877.. 276
Liquor, sale restricted, 1878-9.. 384
Liquor license. 1875 330
How granted. 1875 330
Local option act. 1880-1 596
Lowndes County Academy incor-
porated. 1837 13
Militia districts, laying off. 1860. . 166
Mt. Zion camp ground incorpo-
rated 1833 44
Organization of. 1825 54. 55
Part of. added to Berrien. 1855-6. . 112
Added to Clinch. 1849-50 126
Added to Colquitt. 1855-6 108
Added to Thomas. 1826, p. 66:
1851-2 64
Poor, extra tax for support of.
1837 255
Poor school fund. 1831. p. 10: 1835.
p. 173: 1S37 13
Public school fund, 1851-2 334
Public school system, act estab-
lishing. 1872 490
Act 1877 repealed. 1878-9 400
System regulated. 1S77 348
Records 'Of. to be transcribed.
1843 24
Registration of voters. 1875. p.
305: 1876. p. 349: 1884-5 615
Registration once a year. 1887. . 773
Removal of county seat to
Lowndesville 1833 317
Tax collector, powers as to tax ft.
fas., 1884-5 443
Voting in any district. 1887 772
Writs, when served. 1853-4 330
Lowry Banking Company of Atlanta.
Act incorporating. 1887 296
Louisa Steamboat Co.
Act incorporating. Vol. I.. 1890-1, 468
Lumber Company of Georgia.
Incorporation of. 1837 166
Lucretia.
Charter of city. 1900 314
Lucy Cobb Institute.
Act incorporating. 1859 S3
Diplomas granted by. 1872 48S
Ludale Transportation Co.
Act incorporating. Vol. I.. 1890-1. . 465
Lumber City.
Act incorporating town. 1889 .... 804
Public school svstem established,
1900 324
Lumpkin.
Act 1850, sees. 3 and 4. revived.
1859 185
Commissioners. election of.
1849-50 98
Jurisdiction of commissioners.
1849-50 98
Marshal, election, term. etc.. 1874. 195
Election of. 1898 218
Masonic Female College incorpo-
rated. 1853-4 128
New charter for. 1869 84
Public academy for. 1889 1303
Road commissioners, 1859 185
Road duty. 1858 130
Act 1850, sees. 3. 4. repealed,
1858 130
Act of 1850 sec. 5. repealed.
1857 ! 182
Roads, manner of working. 1859, 185
Tax returns. 1849-50 98
Treasurer, appointment of, 1849-50 98
Lumpkin Chestatee Mining Co,
Act incorporating. 1866 106
Lumpkin County.
Belfast Mining Company incorpo-
rated. 1834 143
Board of education, how elected,
1897 539
Bonds for building jail. 1870 438
Common school fund. 1859 98
County commissioners, board
created 1875. p 260: Vol. II..
1890-1. p. 915: 1895 346
Abolished. 1878-9. p. 338; 1892. . 239
Compensation of. 1876 36S
Cross Lodge incorporated. 1851-2. 361
Dahlonega Academy incorporated.
1837 11
Dahlonega made county seat.
1835 • 259
Education of the poor. 1847. p.
244: 1853-4 154
Extra tax for repairing courthouse,
1859. p 369: 1860 228
For building jail. 1865-6 45
For support of poor, 1860 228
Habersham, part of added to.
1853-4 317
Hall, part of. added to. 1849-50.. 135
Incorporation of. 1831 73
Jail, extra tax for building.
1853-4 340
Jurors' certificates, 1853-4 482
Compensation of, 1855-6. p.
493: 1872. p. 4S6: 1873 273
Per diem of. 1871-2 240
Between Lumpkin and White
son changed. I860 p. 142:
1874 372
329
INDEX.
Lu-Ma
LOCAL LAWS.
Lumpkin County — Continued.
Act 1874 repealed, 1875 274
Between Lumpkin and Hall
changed, 1851-2. p. 65: 1870.. 24
Between Lumpkin and White
changed, 1860, p. 144; 1874, p.
396: 1882-3 80
Licmor, sale restricted, 1877, p.
337: 1882-3, pp. 590, 600;
1884-5 522
Organization of, 1832 56
Part of, added to Forsyth, 1849-50, 138
Added to Union, 1845 74
Organized into Dawson, 1857.. 32
Pigeon Roost Mining Co., incorpo-
ration of, 1834 143
Poor school system, 1855-6, p. 307;
1858 114
Porter Springs, road to State line,
1872 489
Public school svstem established,
1872 490
Road commissioners, persons ex-
empt, 1875 300
Road duty, 1872 434
Road laws. 1842, p. 157; 1857 p.
292: 1871-2 '. . . 246
Act 1857 repealed, 1860 225
Road work, summoning hands,
1859 358
Talonega incorporated, 1833 .... 331
(See Dahlonega.)
Talonega Academy incorporated,
1833 3
Tax receiver and collector con-
solidated, 1837, p. 74: 1875... 288
Consolidation act repealed, 1845 195
Teachers for poor schools, 1849-50 156
Tessente Academy incorporated,
1833 17
Treasurer, election of/1859 276
School fund, 1859, p. 92; 1860 178
Sheriff, bond of, 1857 241
Union Baptist church incorpo-
rated, 1851-2 370
Union Baptist Church of Christ in-
corporated, 1851-2 . 370
Lumpkin County Academy.
Incorporation of 1838 8
Lumpkin County Manufacturing Co.
Commissioners appointed, 1855-6. 479
Incorporation of, 1840 91
Lumpkin County Mining and Manu-
facturing Co.
Incorporation of, 1837 130
Lumpkin Manufacturing Co.
Act incorporating, 1866 91
Lumpkin Porcelain Manufacturing Co.
Act incorporating, 1866 93
Luthersville.
Act incorporating town, 1872 .... 280
Liquor, sale prohibited, 1880 1... 634
Lyerly.
Act incorporating town, Vol. II.,
1890-1 814
Redemption for tax sales, 1898 . . 220
Taxes, how laid, 1898 220
How collected, 1898 220
Lyons.
New charter for, 1897 260
Macon.
Academy square, sale of part of,
1833 5
Act incorporating, 1823 162
Act amended and consolidated,
1832 209
Act amended, 1834 240
Laying out of town, 1822 112
New charter for, 1872, p. 222;
1893 240
Act 1893, sec. 27, amended, 1894 170
Aldermen, increase of, 1900.. 336 (12)
Election of, 1900 336 (12)
Illegal voting, punishment,
1900 328 (14*)
May succeed themselves, 1898, 226
Number, duties, pay, etc., 1882-3 271
Terms of, 1898 226
Arrest by policeman, 1896 199
Assessments for sidewalks and
streets. 1896 199
Assessment for street improve-
ments, 1900 328 (12)
Payment of assessments,
1900 328 (12)
Deferred payments, 1900, 328 (14)
Assessments for street paving,
1889 '. 841
Assessor's office abolished, 1849-50 90
Baptist Church of Christ incor-
porated, 1851-2 313
Act of 1851 amended, 1336 177
Bibb courthouse. 1853-4 235 (35)
Board of health created, 1880-1... 383
Compensation of, members of,
1896 199
Powers of, 1851-2 388
Powers enlarged, 1884-5 413
Board of public works 1892. p.
213: 1900 328 (8)
Bonded debt, increase prohibited,
1874 195
Bonds, cancellation of, 1886 227
For bridge over Ocmulgee,
1900 328 (56)
Tax to pay bonds, 1900, 328 (56)
For city, how and for what
issued, 1896 199
For markethouse, election on,
1886 224
Ma
INDEX.
330
LOCAL LAWS.
IV! aeon — Continued.
For parks, sewers, etc., Act 1889
repealed Vol. II., 1890-1 552
For public" buildings, etc., 1892. 213
For redeeming city currency,
etc., 1877 173
For redemption, 1876 187
Issue of other bonds, author-
ized, 1876 87
For refunding bonded debt, etc.,
1878-9 282
Act 1879 extended, 1880-1... 381
For sewerage authorized, Vol.
II., 1890-1 558
For sewerage and drainage, pay-
ment of, Vol. II., 1890-1 555
Misuse of. a crime, 1876 187
Borrowing money prohibited,
1874 195
Bridge over Ocmulgee, 1899. p.
250; 1900 328 (56)
Building inspector, election.
duties, etc., 1900 328 (12)
Burials regulated, 1884-5 642
Cemeterv reserve, protection of,
1895' 249
Chairman pro tern., 1895 247
1895 249
Change bills, issue prohibited,
1874 ....- 195
Chief engineer and fire masters,
1843 152
Chief of fire department, 1896 199
Chief of police, bond of, 1896 199
Vacancies, 1896 199
Chief of police and other officers,
1896 199
Churches, incorporation of, 1826. . 78
City clerk, duties of, 1882-3 271
City common, authority to lease,
1853-4 256
City court, judge's salary, 1897. . . 495
City limits, authority to establish,
1882-3 . . 302
Clerk and treasurer, election of,
1880-1 380
Clerk of recorder's court, 1896.. 199
Commissioners, powers of, 1830.. 210
Commissioners of bonded debt.
duties of, 1880-1 381
Commission of public works,
minutes open to inspection,
1894 170
Clerk of council a member,
1894 170
Part of sec. 2, of Act 1894, re-
pealed, 1000 328 (7)
Duties of, 1900 328 (11)
Removal of member, 1894 170
Sec. 37 of Act 1893 repealed,
1900 328 (10)
Convicts, work on streets, Act
1877 repealed, 1884-5 570
Corporate limits on east side of
river, 1829 181
Courthouse and jail, building of,
1823 200
Court of common pleas estab-
lished, 1833 57
Criminal court, Act 1856 repealed,
1857 113
Dangerous buildings, 1900 328 (2)
Debt, increase of for water sup-
plies, 1880-1 ' 383
East Macon extension, 1832, p.
209; 1833 109
Elections, charter amended, 1840, 73
For extension of city limits,
1900 336 (3-12)
How held, etc., 1882-3 397
Of aldermen, mayor and officers,
1841 51
Opening of polls, 1899 250
Time of, 1851-2 388
Election of officers, 1853-4 257
Election days, 1898 226
Encroachment of Georgia South-
ern and Florida Railroad,
1888 140
Episcopal church, grant of lot to,
1830 210
Lot vested in, 1831 62
Part of sec. 5, Act of 1830 re-
pealed, 1830 62
Execution of assessments, 1900, 328 (13)
Affidavit of illegality, 1900, 328 (13)
Extension of corporate limits,
1826. p. 167; 1838, p. 67:
1862-3 p. 188; 1865-6, p. 238:
18801, p. 379; 1882-3, p. 473:
1884-5, p. 360; Vol. II., 1890-1,
p. 563: 1893, p. 260; 1897, p.
271: 1899 p. 349; 1900 336
Act of 1890' repealed, 1899 249
Petition for extension, 1900.. 336 (1)
Extension of limits of East Macon,
1832, p. 209; 1833 109
Fire company's act amended,
1833 326
Fire department, 1896 199
Firemen, jury exemption, 1872.. 485
Fire limits, fireproof buildings,
1853-4 235 (37)
Flovd rifles, jury exemption,
^ 1882-3 650
Privileges extended to, 1873 183
Free libraries, 1900 342
Georgia Mechanical and Manu-
facturing Institute incorpo
rated, 1851-2 475
Guardhouse, 1853-4 235 (36)
Guardhouse and jail, 1858 141
331
INDEX.
Ma
LOCAL LAWS.
M aeon — Continued.
Hebrew congregation incorpo-
rated, 1859 116
Independent Volunteer Batallion
of Macon organized, 1860 232
Indorsement of bonds of Macon
Canal and Manufacturing Co.,
1870 487
Justices of the peace, costs of,
1840 48
Jurisdiction, 1851-2 439
Ladies' Education Society incor-
porated, 1841 1.18
Lanier House incorporated, 1851-2 477
Laying out of town, 1822 112
Libraries, appropriations for. 1900 342
License and business tax, 1884-5,
p. 388; 1889 1052
Licenses and taxes, extra power
conferred, 1882-3 302
Liens for street improvements,
1896 199
Loan of money, authority to con-
tract for, 1838 66
Macon Canal and Waterworks, aid
to, 1865-6 109
Macon Hussars, exemption from
jury duty, Vol. II., 1890-1 1070
Macon reserve, use by certain
railroads, 1862-3 225
Macon volunteer corps of in-
fantry, Act 1841 revived, 1873 183
Macon volunteers, jury exemp-
tion. 1882-3 653
Marshal, appointment of, 1842. ... 96
Election of, 1849-50, p. 82;
1853-4 257
To prosecute offenders, 1837... 59
Marshal and deputy, authority
over, 1851-2 388
Election of, 1851-2 388
Filling vacancy, 1851-2 388
Markethouse authorized, 1882-3,
p. 473; 1884-5 307
Lease and purchase, 1884-5.... 307
Erection of, 1886 224
Markethouse commission, 1886... 224
Mayor absent only on consent,
1838 66
Eligibility for second term,
1895 247
Salary of, 1895 247
May succeed himself, 1898 226
Privileges and duties, 1895 .... 247
Mayor's court, criminal jurisdic-
tion, 1874 '. 215
Mayor and council, enlargement
of powers, 1865-6, p. 283;
1882-3 473
Election of, Vol. II., 1890-1, p.
550; 1896 199
Ineligible for second term, Vol.
II., 1890-1 550
Mechanics' Fire Company No. 4,
privileges extended to, 1868. . 100
Mechanics' Society incorporated,
1833 J 29
Methodist Episcopal Church lot
for, 1826 ' 75
Milk inspection, 1900 328 (18)
New charter for, 1847, p. 36;
1871-2, p. 118; 1872 p. 222;
1893 '. 240
Nuisances, abatement of, 1884-5.. 413
On town common, 1834 240
Ocmulgee Bank of the State of
Georgia, incorporation of,
1836 43
Ocmulgee Fire Company No. 2,
1853-4 374
Officers elected by council, 1880-1, 380
Time, terms, dismissal, etc.,
1880-1 380
Patrol duty, right to regulate,
1838 68
Paving streets, execution of costs,
1889 841
Cost of paving, 1889 841
Payment by city treasurer,
1900 328 (16)
Police and fire commission, elec-
tion to abolished, 1896 199
Police commissioners, election,
authority, etc., 1896 199
Police extended over reserve,
1851-2 388
Police force, compensation of,
1896 199
Policeman a prosecutor, 1896 199
Protection Fire Company No. 1,
1853-4 374
Public reserve leased for brick
yard, 1859 . 186
Purchase of certain property, elec-
tion on. 1880-1 387
Railroads to pave street crossings,
1898 226
Recorder's court established,
1880-1 388
Redemption after sale for taxes,
1896 199
Registration of voters, 1900.. 328 (17)
Method of, 1882-3 271
Registry of births, deaths and
marriages, Vol. II., 1890-1 554
Reprieves and pardons, 1882-3... 473
Salaries of officers, 1841 51
Of marshal and clerk, 1838 66
Sale of lots, 1823, p. 178; 1824, p.
142; 1.825. p. 173; 1827 114
Sexton, election of, 1858 143
Sinking fund, improvement of,
1886 .' 227
Ma
INDEX.
332
LOCAL LAWS.
M aeon — Continued.
Investment by commission,
1900 340
Sec. 135, of chap. 5, of charter
repealed, 1900 . . . .' 340
Standing committees, chairman
of council member of, 1894 . . . 170
Designation of, 1894 170
Vacancies in committees, 1894. . 170
"State's reserve," vested in, 1855 6 495
State's interest relinquished,
1866 189
Stock in railroad, authority to
take, 1853-4 235 (38)
Streets, alleys, encroachments,
etc., 1857 182
Authority over, 1894 170
Grading, damages, etc., 1862-3.. 188
Occupancy, E. T. V. & G. Ry.
Co., 1892 172
Paving, cost of, 1889 841
Paving and parking authorized,
1889 843
Power to grade, etc., 1896 199
Width of, 1889 841
Street improvement, Act of 1889
repealed, Vol. II., 1890-1 553
Subscription to and bonds for
Macon and Cincinnati Rail-
road authorized, 1872 348
Subscription to Macon Canal Co.,
1851-2 388
Tax, amount of levying regulated,
1874 195
Power to impose, 1837 59
Rates, 1886 227
Rates for, 1875 180
Tax assessors, city marshal to be
one, 1894 170
Number reduced, 1894 170
Tax returns, 1849-50 90
Town enlarged, 1826 167
Transfer of pavement executions,
1900 328 (15)
Vagrancy, jurisdiction of mayor's
court, 1875 82
Wards, 1900 336 (12)
Act for laying off, repealed,
1841 51
City laid out in, 1834 240
Division into, 1870, p. 208; 1896, 199
Waterworks, purchase of, 1900, 328 (19)
Election therefor. 1900 328 (19)
Bonds authorized, Vol. II.,
1890-1 566
Water supply, election as to,
1880-1, p. 383; 1886 242
Increase of debt therefor, 1886, 242
Young America Fire Company
No. 3 incorporated, 1857 83
Macon Acid and Fertilizing Co.
Act incorporating, 1869 110
Macon and Alabama Railroad Co.
Act incorporating, 1887 166
Macon and Atlantic Railway Co.
Extension of charter, Vol. I., 1890-1 253
Macon and Augusta Railroad Co.
Bonds, authority to issue, 1868... 142
Capital stock, increase of, 1868. . . 142
Milledgeville Railroad Co., name
changed to.. 1865-6 213
State aid extended to, 1868 141
Taxes for past years, relief from
1878-9 219
Macon and Birmingham Railroad Co.
Act incorporating, 1888 164
Arbitration, umpire, etc., 1889. . . . 280
LaGrange, to run through, 1889.. 385
Thomaston, road to run through.
1889 336
Macon and Brunswick Railroad Co.
Act 1877 amended, 1878-9 121
Act to facilitate construction, 1860 193
Act of 1856 re-enacted, 1857 71
Banking privileges granted, 1862-3 223
Bonds, governor to investigate
validity of coupons, 1878-9 . . 433
Branch from Hawkins ville to Fort
Valley, 1869 156
Branch road, how construct, 1857, 71
Branch lines authorized, 1878-9.. 115
Connection with Atlantic and G.
R. R. Co., 1857 71
Directors, number increased,
1862-3 223
Directors, votes, quorum, etc.,
1857 71
Lease or sale, act authorizing,
1878-9 115
Lessee, agent of the State, 1878-9, 122
Right of way adjustment, 1857. . . 71
Right of road, power, etc., 1857.. 71
State aid, 1866 127
State indorsement of bonds, 1870, 336
State's liability, 1876 122
Subscription for stock, 1857 71
Stockholders, 1857 71
Suits, how and where brought
1878-9 123
Stock, transfer of shares, 1857.. 71
Macon and Chattahoochee Railroad Co.
Act incorporating, 1871-2 194
Macon and Cincinnati Railroad Co.
Control by Central Railroad, 1872 365
Ocmulgee and North Georgia Rail-
road Company's name
changed to, 1872 365
Stock subscription and bond
issue bv certain towns author-
ized, 1872 348
Macon and Indian Springs Railway Co.
Act incorporating, Vol. I. 1890-1 325
333
INDEX.
Ma
LOCAL LAWS.
Macon and Knoxville Railroad Co.
Act incorporating, 1871-2 192
Macon and Warrenton Railroad Co.
Macon extension, 1859 329
Macon and Western Railroad Co.
Acts 1863 and 1864 repealed,
1865-6 213
Ad valorem tax, 1851-2 295
Bonds to retire bonds, 1872 331
Capital stock increase of, 1869.. 64
Charter 1847' 181
Renewal of, 1869 64
Columbus Branch authorized, 1845 160
Consolidation with Central Rail-
road and Banking Co., 1872.. 351
Junction with Central Railroad
and Macon and Western Rail-
road at Macon, 1847 165
Junction Act of 1847 repealed,
1849-50 244
Monroe Railroad absorbed by,
1847 181
Monroe Railroad and Banking
Company's name changed to>,
1S45 160
Rate of fare and freight, 1863-4. . 148
Charges for travel, 1863-4 65
Relieved from certain taxes, 1868, 143
Shipment of grain to destitute
sections, 1863-4 65
Union depot at Macon, 1849-50 249
Macon Bank and Trust Co.
Act incorporating, 1873 99
Annual meetings of stockholders,
1875 138
Macon Banking Co.
Act incorporating, 1870 125
Macon Brewing Co.
Act incorporating, 1877 209
Macon Building and Loan Association.
Act incorporating, 1853-4 378
Macon Canal Co.
Act incorporating, 1849-50 209
Macon Canal and Manufacturing Co.
Act incorporating 1870 246
Macon Canal and Waterworks.
Act incorporating, 1865-6 109
Macon Cemetery.
Grounds for, 1823 35
Macon City and Suburban Street
Railroad Company.
Act incorporating, 1884-5 196
Capital stock, increase of, 1886 . . 145
Motive power, 1886 145
Macon City and Suburban Railway
Light and Power Company.
Act incorporating, 1887 243
Macon County.
Agricultural products, Act 1869 re-
pealed, 1870 458
County commissioners, board
created, 1872 434
Courthouse, removal of, 1853-4,
p. 341; 1855-6 416
Doves protected, 1892 251
Extra tax for building new court-
house, 1855-6 416
Farm products, sale regulated,
1869 178
Fish traps prohibited, 1875 301
Flint river a lawful fence, 1882-3, 645
Flint River Academy incorpo-
rated, 1838 3
Game laws, Act 1885 amended,
1888 291
Houston, part of added to, 1840.. 38
Hunting and fishing regulated,
1876 335
Insolvent costs, 1895 426
Jurors, per diem of, 1871-2, p. 240;
1872, p. 486; 1876 367
Act 1876 repealed, 1878-9 411
Lanier made county site, 1838. . . . 121
Lanier Male and Female Academy
incorporated, 1838 3
Line between Houston and Macon
changed, 1847, p. 67; 1870, p.
22; 1873, p. 279; 1876 305
Between Macon and Crawford
changed, 1851-2 73
Between Macon and Dooly
changed, 1860, p. 142; 1861.. 102
Between Macon and Schley
changed, 1862-3, p. 82; 1872, 436
Between Macon and Sumpter
changed, 1855-6, p. 127; 1859,
p. 272; 1860, p. 143; 1870 26
Between Macon and Taylor
changed 1853-4, pp. 314, 322;
1855-6, p. 131; 1860, p. 140;
1862-3, p. 80; 1869 172
Between Marion and Macon,
1847, p. 69; 1851-2 76
Liquor, sale restricted, 1876, p.
201; 1877, d. 338; 1878-9, p.
384; 1882-3 590
Macon Academy, trustees for,
1841 17
Marshalville Academy incorpo-
rated, 1849-50 24
Mt. Zion Chapel incorporated,
1839 78
Obstruction of Buck prohibited,
1870 453
Act 1870 repealed, 1873 288
Organization of, 1837 ^
Part of, added to Talbot, 1849-50, 131
Added to Taylor, 1851-2, p. 61;
1859 270
Poor children, teachers' pay,
1853-4 149
Ma
INDEX.
334
LOCAL LAWS.
Macon County — Continued.
Public school system, act estab-
lishing, 1872 490
Registration law for, 1887, p. 786;
1893 401
Law repealed, 1888, p. 293; 1894. 219
Road laws, 1876 335
Sheriff, bond reduced, 1876 267
Stock law for, 1882-3 639
Stock law for 740th D. G. M.,
1888 316
Stock law for 1002d and 1070th,
D. G. M., 1888 320
Tax collectors and receivers,
offices separated, 1851-2 .... 530
Union Academy incorporated,
1849-50 33
Wellington Academy incorporat-
ed, 1849-50 34
Macon County Volunteers.
Act incorporating, 1859 394
Macon Fire Insurance Company.
Act incorporating, 1884-5 157
Macon Fire Insurance and Trust
Association.
Act incpororating, 1872 108
Macon Free School.
Bibb County Academy, name
changed to, 1859 79
Privileges granted, 1859 79
Sale of part of building and lot,
1875 322
School fund, 1859 79
Macon Gaslight and Water Com-
pany.
Act incorporating, 1876 245
Bonds, issue of, 1886 218
Condemnation of right of way,
1886 219
Contamination of water supply,
1884-5 286
Electricity, authorized to furnish,
1884-5 286
Macon Gaslight Company.
Incorporation of, 1.851-2 203
Macon Guards.
Act incorporating, 1859 389
Trustees, appointment of, 1876... 385
Macon Hook and Ladder Company
No. 1.
Act incorporating, 1855-6 470
Macon Insurance Company.
Incorporation of, 1830 40
Macon Insurance and Trust Co.
Act incorporating, 1857 207
Macon Iron Steamboat Company.
Incorporation of, 1839 81
Macon, LaGrange and Birmingham
Railroad Company.
Act incorporating, 1886 115
Branch road, authority to build,
1889 230
Powers and privileges defined,
1889 230
Macon Light Infantry.
Honorary members exempt from
jury duty, 1897 587
Macon Lyceum and Library Society.
Incorporation of, 1835 124
Macon Manufacturing Company.
Act incorporating, 1853-4 393
Macon, Montecello and Atlanta
Railroad Company.
Act incorporating, 1872 349
Macon, Perry and Albany Plank
Road Company.
Act incorporating, 1851-2 171
Macon Railroad and Banking Com-
pany.
Chattahooche Railroad Company's
charter (19th sec), of Act of
1835, applied to, 1837 200
Macon Savings Bank.
Act incorporating, 1874 241
Act incorporating. 1855-6 100
Capital stock, authority to de-
crease, 1895 107
Purchasing and retiring stock,
1895 107
Directors increased, 1889 561
Executor, guardian, etc., authority
to act as, 1889 561
Guardian, trustee, etc., bond as to,
1894 138
Officers may purchase stock, 1894. 138
Real estate loans, 1884-5 187
Trust funds, depository, 1889 . . . 561
Macon Street Railroad Company.
Act incorporating, 1868 107
Macon, Vienna and Warwick Rail-
road.
Act incorporating, 1872 352
Macon Volunteers.
Exemption from jury duties, 1888. 350
Maddox-Rucker Banking Company.
Act incorporating, Vol. II. 1890-1.. 223
Officers chosen by directors, 1892. 120
Madison.
Act incorporating city, 1865-6 .... 281
New charter, Vol. II., 1890-1 827
Auctioneers, license of, 1876 .... 168
Churches, lots laid off for, 1824 . . 34
Commissioners, election, powers,
etc., 1857, p. 183; 1862-3 70
Elections, 1876 168
Extension of corporate limits,
1822, p. 116; 1849-50 97
Marshal, election by commission-
ers, 1857 183
335
INDEX.
Ma
LOCAL LAWS.
Madison — Continued.
Mayor and aldermen, salaries,
1900 343
Mocking birds, protection of, 1887 719
New charter for, Vol. II., 1890-1. . 827
Ordinances, commissioners may
enact, 1857 183
Poor school fund, consolidation,
1857 150
Presbyterian church, trustees,
election, etc., 1859 117
Public school system, 1882-3, p.
446; 1889, p. 1311; 1894, p.
257; 1896 306
Registration of voters, 1877 174
Site of public buildings, act
amended, 1818 (Lamar's
Comp.) 1003
Streets, compulsory work on, 1876 168
Subscription to G., M. & M. R. R.,
1871-2 11?
Taxes, levying of, 1849-50 97
Tax returns, penalty for not mak-
ing. 1895 250
Examination of returns, 1895 . . 250
Madison Academy.
Incorporation of, 1815 92
Lottery authorized for 1825 .... 5
Madison and Eatonton Dummy Line
Company.
Act incorporating, Vol. I., 1890-1. . 410
Madison and Gordon Magnetic Tele-
graph Company.
Act incorporating, 1853-4 386
Madison and Macon Railroad Com-
pany.
Charter, 1847 173
Madison Collegiate Institute.
Act incorporating, 1849-50 112
Name changed to Georgia Female
College, 1851-2 316 (18)
Madison County.
Academic funds, collection of,
1858 116
Academy building, sale of, 1858.. 114
Act for laying out, 1811 114
Clarke, part of, added to, 1813, p.
59; 1829 28
County commissioners, board
created, 1872 436
Abolished, 1880-1 544
Election, term, etc., 1875 361
County treasurer, election by peo-
ple, 1853-4 328
Act 1825 repealed, 1853-4 328
Danielsville made county seat,
1812 23
Drainage of lands, 1895 412
Election districts, 1831 125
Home guards incorporated, 1859. 388
Exemption from road and jury
duty, 1859 388
Insolvent costs, payment of, 1872. 439
Jackson, part of. added to, ' 1853-4 313
Jurors, per diem of, 1877 98
Jury certificates receivable for
tax. 1871-2 237
Line between Madison and Clark
changed, 1849-50, p. 133;
1851-2, p. 72; 1877 276
Between Jackson and Madison
changed, 1851-2, p. 71; 1860,
p. 140; 1872, 439
Between Madison and Hart
changed, 1862-3 207
Between Oglethorpe and Madi-
son changed, 1841 67
Liquor, sale of, 1889 1343, 1358
Sale regulated, 1876 336
Sale restricted, 1882-3 597, 602
Local option act, 1884-5 507
Election, 1884-5 535
Obstructions of streams, removal
of, 1895 412
Oglethorpe, part of, added to, 1831 79
Part of, added to Elbert, 1837 ... 69
Parts of Elbert and Franklin, add-
ed to, 1819 (Lamar's Comp.) . 240
Presbyterian Church of New Hope
incorporated, 1834 54
School claims, tax for paying, 1872 438
Sheriff, bond of, 1851-2 441
Tax collector and receiver consol-
idated, 1838 243
Consolidation act repealed, 1845 195
Treasurer, fees of, 1872 ' 438
Madison County Academy.
Incorporation of, 1823 26
Act amended, 1834 , li
Madison, Eatonton, Watkinsville
and Athens Railroad Co.
Act incorporating, 1853-4 443
Madison Female College.
Act incorporating, 1849-50 108
Madison Manufacturing Company of
Georgia.
Act incorporating amended, 1873. 179
Madison Petroleum Company of
Georgia.
Act incorporating, 1865-6 170
Act 1866, Sec. 2, amended, 1866. 106
Madison Presbyterian Church.
Incorporation of, 1841 8
Madison Steam Mill Company.
Act incorporating, 1853-4 384
Madison Town Hall Company.
Act incorporating, 1855-6 424
Magnolia.
Act incorporating town, 1853-4 . . . 257
Ma
INDEX.
336
LOCAL LAWS.
Magnolia Steam Packet Company.
Act incorporating, 1851-2 168
JMallorysville.
Incorporation of, 1819 (Lamar's
Comp.), p. 1050; 1821 10
Manassas.
Cassville, name of, changed to,
186] 101
Manchester.
Act incorporating city, Vol. II.,
1890-1 826
Extension of corporate limits,
1893 267
Name changed to College Park,
1895 251
Manchester and Augusta Railroad
Company,
Construction of road in Georgia,
Vol. I., 1890-1 271
Manufacturers' and Mechanics'
Bank of Columbus.
Act incorporating, 1851-2 30
Manufacturers' Bank of Augusta.
Act incorporating, 1873 102
Manufacturers' Bank of Macon.
Charter. 1849-50 54
Manufacturers' Insurance Mutual
Aid Society.
Act incorporating, 1887 454
Manufacturers' Mutual Aid Society.
Name changed to Manufacturers'
Mutual Fire Insurance Com-
pany, 1889 711
Manufacturers' Mutual Fire Insur-
ance Company.
Manufacturers' Mutual Aid So-
ciety's name changed to, 1889. 711
Premiums, payment of, 1889 .... 711
Manufacturers' Mutual insurance
Company.
Act incorporating, 1882-3 ISO
Manufacturing Marine Railway
Commercial and Dry Dock
Company of Brunswick.
Act incorporating, 1868 108
Marietta.
Act incorporating city, 1834, p.
252; 1851-2, 390
Act amended, 1845 113
Auction sales, 1884-5 405
Baptist church incorporated,
1851-2 360
Clerk of council and marshal, elec-
tion, 1882-3 314
Elections, 1884-5 405
Election of commissioners, 1835 . . 65
Extension of corporate limits,
1839, p. 91; 1853-4 260
High school pupils, fees of, 1893.. 434
Ladies' Memorial Association, ap-
propriation of, 1872 487
Marietta Fire Company incorpo-
rated, 1853-4 373
Marshal, election of, 1849-50, p.
95: 1858 141
Election by people, 1853-4 259
Removal from office, 1853-4 259
Re-elected, cannot be, 1853-4... 259
Mayor, salary of, 1884-5 405
Mayor pro icm., 1884-5 405
Mayor and council powers en-
larged. 1889 975
Salary of mayor, 1889 975
Police force, by-laws, etc., 1884-5. 405
Presbyterian church incorporated,
1851-2 305
Protestant Episcopal Church in-
corporated, 1842 44
Public library, Vol. 11, 1890-1 ... 897
Public schools, pupils, Vol. II.,
1890-1 1039
Public school system for, Vol. II.,
1890-1 1014
Registration of voters, law govern-
ing. 1898 . . 221
Salaries of officers, 1884-5 405
School bonds, amount of. 1893 . . 434
School tax, Vol. II., 1890-1 1039
Special taxes, 1884-5 405
Street and road duty, apportion-
ment, 1863-4 89
Streets, authority to open, 1889.. 975
Condemnation of land, 1889 ... 975
Subordinate offices, 1884-5 405
Tax, authority to levy, 1863-4 89
Levy and collection, 1884-5 .... 405
Tax for Marietta Female College,
1870 484
Marietta and Austell Railroad Com-
pany.
Act incorporating, 1884-5 254
Marietta and North Georgia Railway
Company.
Atlanta, extension to, 1889 277
Condemnation of rights of way,
1886 142
Consolidation with Georgia and N.
C. R. R., 1886 142
Consolidated with N. C. & G. R.
R., 1876 254
Ducktown branch, 1876 254
Knoxville, extension to, 1889 277
Marietta and North Georgia Rail-
road Company's name
changed to, 1889 277
Marietta and North Georgia Rail-
road Company.
Name changed to Marietta and
North Georgia Railway Com-
pany, 1889 '. 277
Northern terminus changed, 1876. 254
337
INDEX.
Mi
LOCAL LAWS.
Marietta and North Georgia Railroad
— Continued.
Pickens county's indorsement of
bonds, 1870 337
Rabun Gap branch, 1876 254
Marietta Bank.
Act incorporating, 1887 361
Marietta, Canton and Ellijay Rail-
road Company.
Route, shares, etc., 1859 315
State aid to, 1870 340
Marietta Copper Company.
Act incorporating, 1855-6.. 292, 330, 453
Marietta, Dahlonega and Northern
Railway Company.
Act incorporating, 1889 301
Marietta Female College.
Act incorporating, 1857 143
Marietta Guards.
Act incorporating, 1853-4 578
Marietta Insurance Company.
Act incorporating, 1887 444
Marietta Male Academy.
Georgia Military Institute's land
donated to, 1870 555
Marietta Manufacturing Company.
Act incorporating, 1849-50 ' 257
Marietta Paper Manufacturing Co.
Act incorporating, 1874 273
Marietta Paper Mill Company.
Act incorporating, 1859 243
Marietta Savings Bank.
Act incorporating, 1871-2 313
Act 1872 amended, 1872 Ill
Directors, number, election, etc.,
1874 244
Marietta Street Railroad Company.
Act incorporating, 1888 183
Marietta Trust and Banking Com-
pany.
Act incorporating, Vol, II., 1890-1. 273
Marine and Fire Insurance Bank of
the State of Georgia.
Capital stock increased, 1847 ... 23
Extension of charter, 1843 12
Name changed to Marine Bank of
Georgia, 1853-4 172
Repeal of fourth section of char-
ter 1837 36
Marine and Fire Insurance Company
of Savannah.
Incorporation of, 1815 44
Incorporating act repealed, 1816. . 91
Incorporation act amended, 1827. 44
Marine Bank of Georgia.
Branches established, 1853-4 172
Capital stock increased, 1853-4.. 172
Charter extended, 1853-4 172
22— Ga Code
Marine and Fire Insurance Bank
of the State of Georgia, name
changed to, 1853-4 172
Marion.
Act incorporating .town, 1816, p
102; 1834 3
Act of 1816 repealed, 1834 262
Commissioners' powers, 1823 .... 183
Incorporation act amended, 1820 14
Marion Academy.
Trustees, filling of vacancies,
1818 (Lamar's Comp.) 22
Marion County.
Board of commissioners, 1897 .... 393
Buena Vista made county seat,
1849-50 102
Camp Creek Academy incorporat-
ed, 1834 12
Chapel Hill Academy, incorpora-
tion of, 1835 5
Commissioners, election of, 1847. 71
County commissioners board
created, 1872, p. 440; 1874, p.
352; 1878-9, 350
Abolished, 1884-5 424
Act of 1872 creating board re^
pealed, 1874 353
Compensation, 1882-3 521
Salary of chairman and clerk,
1878-9 359
County Line Academy incorporat-
ed, 1855-6 292, 330
County court established, 1875 . . 55
Abolished, 1877 ' 61
Judges' salary, 1898 , 371
County seat, act to make new,
1845 76
Change of location, 1847 71
Courthouse, extra tax for, 1847 . . 71
Criminal court organized, 1873... 274
District elections, 1829 75
Election districts, 1831 125
Farm products, buying and sell-
ing prohibited, 1872 484
Farmington Academy, trustees ap-
pointed, 1842 4
Fish traps prohibited, 1875 301
Hamburg Academy incorporated,
1834 12
Houston, part of, added to, 1837. . 66
Insolvent costs, pay of, officers,
1873, p. 274; 1889, 1117
Jurors, compensation of, 1859 .... 365
Line between Marion and Chat-
tahooche changed, 1876 307
Between Marion and Macon,
1847, p. 69; 1851-2 76
Between Marion and Schley
changed, 1874 373
Between Marion and Sumter
changed 1849-50 137
Defined,' 1832 51
Ma-Mc
INDEX.
338
LOCAL LAWS.
Marion County — Continued.
Between Marion and Talbot
changed, 1847, p 68; 1853-4. 320
Denned, 1832 50
Between Marion and Taylor
changed, 1855-6 pp. 125, 128,
134: 1857 p. 232; 1859, p. 272;
1876 . . . .' 307
Between Muscogee and Marion
altered and fixed, 1840 38
Between Stewart and Marion
changed, 1855-6 130
Liquor, fees for retailing, 1858... 159
Liquor license, 1876 336
Muscogee, part of, added to,
1849-50 139
Organization of, 1827 65
Part of, added to Chattahoochee,
1853-4 288
Added to Muscogee, 1829 25
Added to Schley, 1857 42
Added to Talbot, 1832, p. 50;
1849-50 138
Added to Taylor, 1851-2 61
Poor schools, commissioner's
duties, 1843 33
Pay of teachers, 1842 135
Poor school commissioners, duties
of. 1843 .... 33
Searsville Academy incorporated,
1849-50 27
Sheriff, bond reduced, 1876 267
Site for public buildings, re-select-
ed, 1828 155
Selection of, 1835 263
Stewart, part of, added to, 1847. . . 71
Tax collector and receiver consoli-
dated, 1839 43
Tax levy for, 1887-9, 1889 1112
Tax rate for 1887-9, 1887 868
Tax receiver, compensation of,
1859 283
Tazewell made county site, 1838. . 127
Act making county seat, re-
pealed, 1845 76
Tazewell Academy incorporated,
1837 12
Treasurer, election of, 1859 276
Mistakes of legalized, 1872 441
Marion County Academy.
Trustees appointed, 1833 21
Marshallville.
Act incorporating town, 1866. . . . 190
Code Sections 779-797 applied to,
1886 233
Extension of corporate limits, 1857 184
Public school system established,
Vol. II., 1890-1 1018
Registration of voters, 1875 181
Marshallville, Macon County.
Act incorporating, 1853-4 122 (8)
Marthasville.
Incorporation of, 1843 83
Name changed to Atlanta, 1845 ... 91
Martin.
Act incorporating, Vol. II., 1890-1. 734
Maysville.
Act incorporating town, 1878-9 . . 309
Commissioners changed, 1884-5 . . 418
Corporate limits defined, 1884-5 . . 418
Organization of commissioners,
1884-5 418
Punishment of offenders, 1884-5.. 418
Qualifications of voters, 1884-5 . . 418
Taxes, power to impose, 1884-5 . . 418
Tax for street purposes, 1889 887
Maysville Bank.
Act incorporating, Vol. II., 1890-1. 70
McBean Company.
Act incorporating, 1849-50 254
Name changed to Augusta Fac-
tory, 1859 242
McDonough.
Bonds for educational purposes,
1884-5 298
Commissioners, power of, 1853-4. 125
Corporate limits, act of 1841, re-
pealed, 1841 ' 59
Corporate limits reduced, 1884-5 . . 417
Extension of corporate limits, 1840 108
Fraternal lodge incorporated,
1851-2 382
Incorporation of, 1823, p. 188;
1834, 250
New charter for, 1882-3 370
Public school system for, 1893 . . 436
Tax, ad valorem, 1886 231
Agricultural lands not exempt,
1886 231
On billiard tables, etc., 1886... 231
McDonough Chapter No. 28, R. A.
Masons.
Act incorporating, 1851-2 381
McDonough Collegiate Seminary.
Act incorporating, 1853-4 125
McDonough Western Railroad Co.
Act incorporating, 1870 334
McClusky Gold Mining Company.
Act incorporating, 1865-6 171
McDuffie County.
Bonds for courthouse and jail,
1872 442
Clerk of superior court and treas-
urer consolidated, 1872 .... 442
Commissioners, exempt from jury
and road duty, 1889 1125
Salary of, 1889 1125
County commissioners, board
created, 1872 477
County court abolished, 1889 1152
339
INDEX.
Mc
LOCAL LAWS.
McDuffie County — Continued.
Elections, compensation of man-
agers and clerks, 1889 1120
Clerks and managers, compen-
sation, 1887 683
Farm products, buying and selling
prohibited, 1872 484
Hunting regulated, 1876 345
Insolvent costs, 1899 481
Jurors, pay of, 1873 274
Line between Columbia and Mc-
Duffie changed, 1872 403
Liquor, sale prohibited, 1878-9 . . 380
Organization out of Warren and
Columbia, 1870 20
Registration law for, 1884-5 615
Sheriff, bond of reduced, 1877 . . 286
Sheriff's sale, place of, 1877 315
Mcintosh.
Act incorporating town, 1866 ..... 191
Incorporation act repealed, 1900. 344
Mcintosh Academy.
Commissioners for, 1821 ....134, 148
Mcintosh County.
Academy act amended, 1839 .... 10
Academy commissioners author-
ized to dispose of certain
lands, 1802 (Clayton's Comp.) 62
Election of, 1834 22
Yearly returns, 1853-4 140
Altamaha Lodge No. 227, incor-
porated, 1858 121
Board of police commissioners,
1860 208
Powers of county police, I860.. 208
Bonds for rebuilding courthouse,
etc., 1873 277
Commissioners, chairman, pow-
ers, etc., 1871-2 307
Election, terms, etc., 1892 238
Powers iimited, 1892 238
Commissioners of academies, ap-
pointment of, 1817 (Lamar's
Comp.) 19
Congregational church at Jones-
ville incorporated, 1841, p. 39;
1843 80
County commdssioners, board
created, 1876 283
Certain acts legalized, 1876 .... 283
Election of by grand jury, 1893. 364
Jurisdiction as to J. P.'s, 1871-2. 307
Jurisdiction of, 1874 353, 354
Manner of appointment, etc.,
1877 360
Residence of, 1893 364
Darien made permanent county
seat, 1818 (Lamar's Comp.) . 223
District elections, 1827 91
Dividing line, ascertainment of,
1806 31
Division lines, act to ascertain,
1803 .(Clayton's Comp.) 175
Extra tax for county purposes,
1853-4 340
Farm products, buying and selling
of prohibited, 1872 484
Fees of magistrates and con-
stables, 1853-4 330
Free negroes, importation of for-
bidden, 1860 154
Game protection, 1874, p. 296;
1876, 337
Act 1874 repealed, 1875 298
Habeas corpus Act 1870 repealed
1872 443
Inspectors of timber and lumber,
appointment of, 1872 189
Jail lot, authority to purchase,
1822 42
Jurisdiction of commissioners,
1874 353, 354
Justices court, Act 1849 extended
to, 1853-4 330
Line between Mcintosh and Lib-
erty fixed, 1857 230
Line changed, 1871-2 241
Offices of clerk, where kept,
1865-6 54
Permanent site of public build-
ings, 1802 (Clayton's Comp.) . 66
Poor schools, 1832, p. 8; 1834 ... 22
Regulated, 1833 232
Poor school fund, 1841 82
Public roads of, 1803 (Clayton's
Comp.) 152
Public roads and bridges, 1805... 35
Public school system, act estab-
lishing, 1872 490
Registration law for, 1889 1202
Of 1889 repealed, 1894 225
Registration of voters, 1877, p.
315; 1892, p 242
Act 1877 repealed, 1878-9 402
Road commissioners, election of,
1835 256
Road duty, 1851-2, p. 526; 1853-4. 554
Sapelo Island, 1853-4 555
Act 1852 repealed, 1853-4 555
Road laws, 1806, p. 81; 1811, p.
20; 1818 (Lamar's Comp.), p.
783; 1821, p. 40; 1831, p. 209;
1847, p. 278; 1849-50, p. 361;
1851-2 526
Schools for education of poor,
1830 10
For poor children, 1823 19
Schoolbooks and stationery fur-
nished to children, 1853-4... 152
Sheriff, bond of, amount, 1859 ... 282
Bonds reduced, 1863-4 93
South Newport Baptist Church in-
corporated, 1841 38
Mc-Me
INDEX.
310
LOCAL LAWS.
McDuffie County — Continued.
Support of the poor, extra tax for,
1818 (Lamar's Comp.) 922
Surveyor of county line, 1855-6 . . 407
Tax collector and receiver consol-
idated, 1839 43
Separated, 1843 173
Tax for rebuilding courthouse,
jail, etc., 1874 325
Mcintosh County Academy.
Commissioners, election of, 1875. . 322
McRae.
Act incorporating town, 1874, p.
157; 1889 790
Extension of corporate limits, Vol.
II., 1890-1 859
Public schools for, 1897 540
McRae, Ocilla and Southwestern
Railroad Company.
Act incorporating, Vol. I., 1890-1. . 395
McVille.
Act incorporating, 1880-1 470
Liquor license, 1882-3 601
Mechanics and Traders' Bank of
Georgia.
Act incorporating, 1871-2 157
Mechanics and Traders' Bank in
Savannah.
Act incorporating, 1853-4 179
Mechanics and Traders' Bank.
Act incorporating, 1884-5 185
Name changed to Bank of Com-
merce, 1855-6 102
Mechanics' Savings Bank in Sa-
vannah.
Act incorporating, 1853-4 174
Mechanics' Bank in Augusta.
Act incorporating, 1830 34
Capital stock increased, 1836, p.
39; 1853-4 178
Reduction of, 1841 26
Charter extended, 1853-4 178
Dividends, declaration of, 1839 ... 89
Lien on stock. 1853-4 178
Stock transferred, 1853-4 178
Mechanics and Traders' Bank of
Georgia.
Time for organizing extended,
1874 244
Mechanics' Benevolent Society of
Savannah.
Act incorporating, 1845 103
Mechanics' Mutual Insurance Com-
pany.
Act incorporating, 1882-3 188
Mechanics' Saving and Loan Asso-
ciation.
Columbus Savings Mutual Loan
Association, name changed to,
1860 134
Mechanics' Savings Association of
Columbus.
Act incorporating, 1862-3 132
Act 1863 amended, 1865-6 91
Mechanics' Savings Bank (at At-
lanta).
Act incorporating, 1862-3, p. 128;
1882-3 . . 179
Mechanics' Savings Bank of Augusta.
Act incorporating, 1865-6 91
Mechanics' Society of Augusta.
Incorporation of, 1823 173
Mechanics' Steam Power Manufac-
turing Company.
Act incorporating, 1866 94
Medical Academy of Georgia.
Incorporation of, 1828 Ill
Name changed to Medical Insti-
tute of State of Georgia, 1829. 107
Medical College of Georgia.
Act 1829. sec. 2, repealed, 1855-6. . 279
Appropriation for educating cer-
tain young men, 1860 66
Faculty and students exempt from
jury and militia duty, 1845 . . 153
Fund provided for use of, 1835 . . 147
Medical Institute's name changed
to, 1833 130
Medical Institute.
Name changed to Medical College
of Georgia, 1833 130
Medical Society of Augusta.
Incorporation of, 1822 50
Meigs.
Act incorporating town, 1889 .... 887
Corporate limits, 1897 273
Liquor sale, regulation of. 1895.. 256
Mayor and council, trustees of
school, 1899 . 251
Meigs graded school, trustees of,
1899 251
Melon Belt Railroad Company.
Act incorporating, 1889 234
Memorial Association of Resaca.
Act incorporating, 1866 69
Memphis Branch Railroad Company.
Act incorporating, 1868 Ill
Bonds for loan, 1871-2 196
Capital stock, 1871-2 196
Consolidation with Rome R. R.
Co.r 1871-2 196
Election of president and direc-
tors, 1871-2 196
Right of way, 1872 365
State indorsement of bonds, 1870. 338
Stockholders, liability, 1870 337
341
INDEX.
Me
LOCAL LAWS.
Memphis Branch Railroad and
Steamboat Company of
Georgia.
Act incorporating, 1839 105
Act 1839, Sec. 8, amended 1866 . . 12S
Route-Point W. & A. R. R. t o
Rome, 1845 145
Mercantile Bank.
Act incorporating, Vol. IT., 1890-1. 357
Mercer University.
Law school graduates admitted to
practice, 1875 38
Merchants and Farmers' Bank.
Agent, broker, etc., may act as,
Vol. II., 1890-1 394
Merchants and Farmers' Bank of
Americus.
Act incorporating, Vol. II., 1890-1. 405
Merchants and Farmers' Bank of
Boston.
Act incorporating, Vol. II., 1890-1 290
Merchants and Farmers' Bank of
Hogansville.
Act incorporating, 1888 62
Merchants and Farmers' Bank of
Quitman.
Act incorporating, Vol. II., 1890-1. 114
Savings deposit department, Vol.
II., 1890-1 285
Merchants and Farmers' Mutual
Banking and Trust Company.
Act incorporating, 1872 . . k Ill
Merchants and Farmers' Savings
Bank.
Act incorporating, Vol. II., 1890-1. 320
Merchants and Manufacturers' Bank
of Columbus, Georgia.
"Savings," in name of corporation,
stricken out, 1873 103
Merchants and Mechanics' Bank of
Columbus.
Stock subscription, 1875 138
Merchants and Mechanics' Banking
and Loan Company of At-
lanta, Ga.
Act incorporating, 1887 378
Advances and loans without guar-
anty, Vol. II., 1890-1 112
Capital stock, Vol. II., 1890-1 112
Enlargement of powers and priv-
ileges, 1889 582
Merchants and Mechanics' Fire
Company of Albany.
Appropriation to, 1873 153
Merchants and Mechanics' Mutual
Insurance Company of the
City of Macon.
Act incorporating, 1858 135
Merchants and Mechanics' Savings
Bank of Columbus, Ga.
Act incorporating, 1871-2 155
Capital stock, 1872 96
Stockholders, indebtedness of,
1872 96
Merchants and Miners' Bank of
Tallapoosa.
Act incorporating, Vol. II., 1890-1. 20
Merchants and Planters' Bank in
Savannah.
Act incorporating, 1853-4 182
Merchants and Planters' Bank of
Augusta.
Incorporation of, 1827 47
Merchants and Planters' Bank of
Carrollton, Ga.
Act incorporating, 1887 368
Merchants and Planters' Bank of
Griffin.
Act incorporating, 1876 221
Merchants and Planters' Bank of
Forsyth.
Act incorporating, 1882-3 167
Mechanics and Planters' Bank of
Georgia.
Act incorporating, Vol. II., 1890-1. 28
Merchants and Planters' Bank of
Milledgeville.
Organization under Darien Bank
charter 1872 97
Merchants and Planters' Bank of
Talbotton.
Act incorporating, 1872 102
Merchants and Planters' Bank of
Washington, Ga.
Act incorporating, 1872 117
Name changed to Bank of Wash-
ington, 1874 244
Merchants and Planters' Bank at
West Point.
Act incorporating, 1882-3 193
Merchants and Planters' Steamboat
Company.
Act incorporating, 1880-1 343
Merchants and Traders' Bank of
Brunswick.
Act incorporating, 1889 510
Merchants' Bank of Atlanta.
Act incorporating, 1876 219
Merchants' Bank of Macon.
Act incorporating, 1877 133
Bank of Hawkinsville's name
changed to, 1843 11
Relief of act for, 1849-50 61
Stockholders' liability, 1889 521
Not to exceed ten per cent,
1889 521
Me
INDEX.
342
LOCAL LAWS.
Merchants' Bank of Milledgeville.
Act incorporating, 1889 470
Merchants' Bank of Rome, Ga.
Act incorporating, 1886 67
Merchants' Bank of Valdosta.
Act incorporating, 1888 Ill
Directors increased, 1894 137
Merchants' Exchange Bank and
Trust Company.
Act incorporating, Vol. II., 1890-1. 160
Merchants' Exchange Bank of Au-
gusta, Ga.
Act incorporating, 1870 127
Merchants' Insurance Company of
Columbus, Georgia.
Act 1864 amended, 1865-6 124
Merchants' Mutual Fire Insurance
Company of the State of
Georgia.
Act incorporating, 1875 199
Merchants' Mutual Insurance Com-
pany of Georgia.
Act incorporating, 1871-2 160
Meriwether County.
Baptist Church at Macedonia in-
corporated, 1834 64
Camp Ground Church, corporate
limits extended, Vol. II.,
1890-1 1072
Chapel Grove Academy, trustees
for. 1839 4
County commissioners, board
created, 1871-2 230
Clerk elected by, 1874 351
Exercise same powers as in-
ferior court, 1873 278
Number increased, 1877 261
Powers and duties of, 1889 . . 1104
Ebenezer Church and Camp
Ground incorporated, 1851-2.. 370
Election districts, 1828, p. 85; 1829 73
Farm products, sale of, regulated,
1875 301
Fees of magistrates and con-
stables, 1853-4 329
Greenville Female Academy, in-
corporation of, 1836 10
Greenville Lodge No. 57 incorpo-
rated, 1847 , . . 114
Greenville made county seat, 1828. 149
Jurors, compensation of, 1859, p.
365; 1870 446
Line between Meriwether and
Coweta changed, 1853-4, p.
316; 1855-6, p. 128; 1870, p.
22; 1875, p. 271; 1877 274
Between Meriwether and Tal-
bot changed, 1853-4, p. 316;
1860 143
Liquor manufacture prohibited,
1897 561
Sale restricted, 1876, p. 184;
1877, p. 193; 1882-3, pp.
558, 563, 571; 1884-5, pp. 509,
522, 543; 1887, p. 848; 1888... 309
Male and Female Academy, trus- -
tees of, 1834 64
Methodist Church incorporated,
1836 88
Olive Branch Camp Ground in-
corporated, 1843 118
Organization of, 1827 65
Part of, added to Coweta, 1851-2 . . 64
Pleasant Hill Academy incorpora-
tion of. 1836 10
Public school system established,
1872 490
Registration law for, 1887* 755
Law amended, 1888 294
Seed cotton, sale regulated, 1889. . 1392
Tax receiver and collector, com-
pensation of, 1876 369
Teachers of poor children, pay of,
1857 152
Treasurer, compensation of, 1876,
p. 369; 1896 279
White Sulphur Springs incorporat-
ed, 1841 12
White Sulphur Springs Academy
incorporated, 1843 92
Woodbury school district incor-
porated, 1900 184
Meriwether Warm Springs.
Incorporation of, 1832 192
Metcalfe.
Act incorporating town, 1889 .... 890
Ad valorem tax, Vol. II., 1890-1... 623
Corporate limits defined. Vol. II.,
1890-1 623
Liquor, sale of, Vol. II., 1890-1... 623
Metcalf Manufacturing Company.
Act incorporating, 1865-6 154
Methodist Georgia Education .Society.
Incorporation of, 1830 7
Metropolitan Railroad Co.
Extension authorized, Vol. I.,
1890-1 279
Increase of capital stock, Vol.
I, 1890-1 279
Sale to, or purchase of other
roads, Vol. I., 1890-1 279
Metropolitan Savings and Loan Co.
Act incorporating, 1889 631
Metropolitan Street Railroad Co.
Act incorporating, 1882-3 201
Motive power, 1887 133
Metropolitan Street Railway Com-
pany of Macon.
Act incorporating, 1887 209
343
INDEX.
Me-Mi
LOCAL LAWS.
Metropolitan Street Railway Company of
Macon — Continued.
Connection with other roads, Vol.
L, 1890-1 302
Electric llight plant, Vol. I.,
1890-1 302
Lease or sale to other roads,
Vol. I., 1890-1 302
Mexican Atlantic Company of Georgia.
Incorporation of, 1825 49
Middle Georgia and Atlantic Railway
Co.
Eatonton and Machen Railroad
Company's name changed to,
1889 281
Principal office moved to Savan-
nah, Vol. I., 1890-1 370
Middle Georgia Bank.
Act incorporating, Vol. II., 1890-1, 33
Middle Georgia Co-operative Asso-
ciation of Patrons of Hus-
bandry.
Act incorporating, 1876 223
Middle Georgia Medical College.
Act incorporating, 1859 85
Middle Georgia Military and Agri-
cultural College.
Support of by Milledgeville, 1887. 821
Trustees, mayor added to, 1894.. 263
Middle Georgia Mineral Association.
Act incorporating, 1877 225
Middle Georgia Railroad Co.
Act incorporating, 1859, p. 332;
1880-1 310
Branch to Griffin, 1860 194
Increase of capital stock, 1860 194
Directors, number of, 1860 194
Principal office, 1860 194
Stockholders, election, 1860 194
Tax to be paid by company, 1860. 194
Middle Georgia Telegraph Co.
Act incorporating, 1859 335
Middle Ground Railroad Co.
Act incorporating, 1855-6 167
Middle River Mining Co.
Act incorporating, 1866 107
Midland Telegraph Co.
Act incorporating, 1887 462
Midville.
Act incorporating town, 1877 .... 174
Midville, Swainsboro and Red Bluff
Railroad Co.
Act incorporating, 1888, p. 141;
1889 224
Midway Meeting House.
Election of selectmen for, 1893 . . 489
Milan.
Act incorporating town, Vol. II.,
1890-1 894
Act of 1891 repealed, 1893 269
Milledge.
Bonds en Georgia Normal and In-
dustrial College, 1894 278
Charter and government of, 1806, 32
Milledgeville.
Academy, land for, 1807 (Clay-
ton's Comp.) 390
Act 18S6 construed, 1857 185
Act of 1857 repealed, 1858 125
Act 1876 repealed, 1878-9, p. 308;
1894 172
Aldermen, election of, Act 1865 re-
pealed, 1865-6 286
Amendment of charter, 1815 .... 41
Appropriation of certain bonds,
1874 322
Assessors, act authorizing, 1889.. 852
Bonds, authority to issue, 1889... 935
By-laws, rules and regulations,
1873 151
Chain gang, authority to establish,
1876 170
City, act changing name to, 1836, 90
Clerk and marshal, 1873 151
Vacancies in office, 1873 151
Commissioners, election, powers,
etc., 1807 (Clayton's Comp.) . . 361
Established and powers defined,
1805 33
Legalized, 1820 67
Powers extended, 1813 39
Commissioners to lay out lots,
1807 (Clayton's Comp.) 390
Common, laying out and leasing,
etc., 1837 60
Conveyance to, of public square,
1819 (Lamar's Comp.) 968
Corporate name declared, 1837 . . 60
Elections of aldermen, etc., 1836. . 90
Of clerk and marshal, 1839, p.
Ill; 1845 73
Of mayor, 1837 60
Election of officers, 1869 89
Election, superintendent 1851-2,
'. ... 427 (11)
Electoral qualifications, 1869.... 89
Estray, taking up of, 1837 60
Fire department, 1853-4 261
Governor's Horse Guard, privi-
leges and exemptions, 1859 . . 376
Liquor, sale prohibited, 1875.... 328
Liquor license. Vol., II., 1890-1 . . 888
Liquor tax, 1872 240
Male and female academies, con-
veyance to mayor and alder-
men, 1875 323
Marshal, election of, 1876 170
Marshal and deputy, election of,
1880-1, p. 424; 1889 786
Removal for malfeasance, 1880-1 424
Masonic Hall incorporated, 1831. . 249
New trustees for. 1862-3 192
Mi
INDEX.
344
LOCAL LAWS.
Milledgeville — Continued.
Trustees, vacancies, etc., 1855 6, 479
Mayor, salary of, 1S53-4 262
Mayor and aldermen, additional
powers conferred on, 1874 . . . 196
Election of. 1857, p. 185; 1873,
p. 151; 1878-9 308
Powers of 1836 90
Term of office. 1873 151
Mechanics' Society, incorporation
of. 1816 25
Methodist Church, grant of part of
state house square to, 1822 . . 18
Middle Georgia Military and Agri-
cultural College, support of,
1887 821
Military companies. 1874 317
New charter for, 1900 345
Previous acts consolidated, 1900 345
Nuisances, jurisdiction as to, 1836 90
Oath of mayor and aldermen, 1836 90
Officers, compensation, etc., 1853-4 261
Elected by people, 1853-4 262
Old capitol building, appropria-
tion, 1887 13
Ordinances, power to pass, 1853-4, 261
Parsonage lots, authority to con-
vey, 1823 40
Police court established, 1853-4.. 261
Authority to punish, 1872 240
Presbyterian Church incorporated,
1828 51
Incorporation act revived,
1849-50 76
Qualifications of mayor and clerk,
1839 Ill
Regulation of government of, 1810 67
Act amended, 1826, p. 172; 1818
(Lamar's Comp.) 963, 967
Division into wards, etc., 1812. . 121
Registration of voters, 1872 240
Repeal of act of 1819, 1821 73
Sale of lots bv commissioners,
1810 62
Seat of government, act making
1804 "(Clayton's Comp.) 209
Sexton, appointment of, 1836 90
Southern Hydropathic Institute
incorporated, 1851-2 476
Streets and alleys, 1873 151
Encroachments on streets, 1873 151
Streets, bridges, etc., 1894 172
Duty to keep in repair, 1876. . . . 169
System for working, 1898 228
Working of, 1872 '. . . 240
St. Stephen's Church incorporated,
'1841 42
Subscription to Milledgeville and
Gordon Railroad, 1851-2 397
Tax and licenses, 1873 151
Taxes, enforcement of, 1836 .... 90
Limit on, 1894 172
Tax returns, 1894 173
Town commons, authority to sell,
1878-9 308
Vendue master for, 1806, p. 23;
1811 140
Wards, division into. 1826, p. 172;
1836 90
Division into abolished, 1857. . . 185
Water works, 1889 959
Milledgeville and Asylum Dummy
Railway Co.
Act incorporating, 1888 146
Right of way, depot, etc., 1889 667
Milledgeville and Chattahoochee
Canal and Railroad Co,
Incorporation of, 1837 204
Milledgeville and Gordon Railroad Co.
Act 1850, sec. 2, 3, repealed, 1851 2 126
Consolidation with Central Rail-
road and Banking Co., 1859 . . 316
Government square selected for
depot, 1847 176
Lease to Central R. R. and Bank-
ing Co., 1851-2 126
Milledgeville, subscription to
stock, 1847, p. 176; 1851-2... 397
Milledgeville Turnpike and Rail-
road Company's name
changed to, 1847 176
State bonds bear interest, 1851-2, 126
State subscription to stock,
1819-50 244
Milledgeville Bank.
Capital stock, increase of. 1849-50, 59
Milledgeville Banking Co.
Act incorporating, 1874 245
Directors, number of Vol. II.,
1890-1 '. 313
President and directors, time of
election, 1892 123
Milledgeville Fire Company.
Established, 1828 147
Milledgeville Hotel Co.
Act incorporating, 1853-4 395
Milledgeville Manufacturing Co.
Act incorporating, 1877 210
Milledgeville Public Arsenal.
Repair of, 183S 8
Milledgeville Railroad Co.
Baldwin county's subscription to,
1860 195
Damages and injuries, 1853-4 .... 444
Extension of charter, 1853-4 444
Incorporation of, 1837, p. 214;
1842 •• . 141
Act of 1837 amended, 1847 175
Act of 1837 revived, 1849-50 251
Name changed to Macon and
Augusta Railroad Co., 1865-6, 213
Taxation of, 1853-4 444
345
INDEX.
Mi
LOCAL LAWS.
Milledgeville Railroad Co. — Continued.
Warrenton road, union with,
1853-4 . . 444
Milledgeville Telegraph Co.
Act incorporating, 1857 83
Milledgeville Turnpike and Railroad Co.
Hawkinsville extension, 1853-4.. 445
Incorporation of, 1840 105
Name changed to Milledgeville
and Gordon Railroad Co., 1847 176
Tax exemptions, 1853-4 445
Milledgeville Turnpike Co.
Incorporation of, 1822 86
Millen.
Act incorporating town. 1880-1 . . 490
Bonds for public schools. 1896... 309
Taxation for schools, 1887 836
Millen and Southern Railway Co.
Act incorporating, Vol. I., 1890-1 307
Millen, Mt. Vernon and Florida Rail-
road Co.
Act incorporating, 1888 182
Miller County.
Act 1874, sec. 3, amended, 1876.. 76
Ambulatory school, ten may com-
pose, 1877 350
Camp hunting by nonresidents,
1858 163
Convicts, farming out, 1872 402
County commissioners, board
created, 1 888 283
Abolished, 1897 395
Election of, 1889 1126
Orders on county treasurer,
1889 1126
Act 1886. sec. 8, repealed, 1889, 1126
Fish, obstruction to passage of,
1876 337
Jurors, pay of, 1872 480
Per diem of, 1871-2, p. 240; 1876, 370
Act 1871 repealed, 1873 278
Line between Early and Miller
changed, 1859, p. 271; 1862-3,
p. 208: 1865-6, p. 48; 1874... 373
Liquor, sale of. 1889 1378
Sale by physicians and drug-
gists, 1884-5 543
Sale prohibited, 1882-3 597
Sale regulated, 1876 338
Repealed, 1887 338
Organized out of Baker and Early,
1855-6 114
Road laws, 1859 359
Sheriff, bond reduced, 1877 286
Sheriff's fees, before accepting af-
fidavit of illegality, 1871-2 . . 248
Spring creek, obstructions pro-
hibited, 1866 161
Treasurer, election of, 1857 241
Trial of cases, time of, 1876 77
Miilikin's Bend and Wadesboro Rail-
way Co.
Act incorporating, 1875 228
Milltown Branch Railroad Co.
Act incorporating, 1880-1 258
Milner.
Public school system for, 1884 5, p.
606; 1893 439
Milton County.
County commissioners, board
created. 1870, p. 443; 1871-2.. 308
Abolished, 1880-1 514
Ditching and draining of lands,
1872 425
Drainage of Milton and Forsyth,
1899 482
Domestic wines, sale prohibited,
1895 401
Line between Forsyth and Milton
changed, 1860 138
Between Milton and DeKalb
changed, 1859 271
Between Milton and Gwinnett
changed, 1859 271
Liquor, restrictions on sale,
1874, p. 211; 1875 335
Liquor license, 1875 330
How granted, 1875 330
Ordinary, authority of, 1878-9 363
Organized out of Cherokee, Cobb
and Forsyth, 1857 36
Public school system established,
1872 490
Road laws, 1859, p. 359; 1872 443
Act 1872 repealed, 1893 470
Sheriff, bond reduced.. 1859 284
Compensation for summoning
jurors, 1860 147
Stock law, 1874 : 397
Stock law extended, 1876 338
Tax collector and receiver, com-
pensation of, 1877 293
Mineral Bluff.
Act incorporating town, 1889.... 836
Mineral Springs Academy.
Incorporation of, 1824 21
Mining Company of Northern Georgia.
Act incorporating, 1853-4 369
Mining, Manufacturing and Improve-
ment Co.
Act incorporating, 1865-6 193
Mitchel.
Incorporation of town, 1896 209
Mitchell County.
Board of commissioners, clerk of,
1880-1 515
Bonds for new courthouse, 1887. . 874
Clerk of superior and inferior
court consolidated, 1858 .... 154
Mi-Mo
INDEX.
346
LOCAL LAWS.
Mitchell County — Continued.
County commissioners, board
created.. 1873 279
Compensation denied 1877 .... '261
Compensation of, 1878-9 363
Meetings of board, 1874 354
County court abolished, 1877, p.
63: 1894 218
Courthouse, 1887 874
Courthouse bond issue, 1880-1.. 529
Dispensary, act establishing, 1898 390
Extra tax to pav indebtedness,
1874 327
Hunting prohibited, Vol. II.. 1890-1 957
Line between Mitchell and Col-
quitt changed, 1873 . 279
Between Thomas and Mitchell
changed, 1859 274
Liquor, fees for retailing, 1858... 159
Liquor license, 1875 330
How granted, 1875 330
Local option act, 1882 3 557
Misdemeanor convicts, hire of,
1877 317
Organized out of Baker, 1857 38
Patrol commissioners, appoint-
ment of, I860 209
Registration law for, 1889 1214
Registration of voters, 1875, p.
305: 1876 ' 349
Act 1875 repealed, 1878-9 401
Sheep, marking, branding and
driving. 1884-5 583
Special tax to meet expenses,
1880-1 527
Tax collector, ex officio sheriff,
1877 293
Treasurer, election of, 1859 276
Mobile and Atlanta Mining Co.
Act incorporating, 1872 315
Mobile and Girard Railroad Co.
Bonds owned by Columbus, dispo-
sition of, 1889 779
Columbus' subscription to stock
legalized. 1858, p. 131: 1889. . 781
Occupancy of Ninth street of
Columbus, 1888 138
Track in Columbus.. Vol. I., 1890-1, 254
Monroe.
Act incorporating, 1821 3
Acts incorporating revived,
18534 262
Incorporation of as city, 1896.. 212
Town charter repealed, 1896.. 212
Bonds for school buildings, 1898. . 231
Commissioners, election powers,
etc., 1831, p. 238: 1877 170
Powers of president, 1877 176
Corporate limits denned, 1877 176
Extension of corporate limits,
1831, p. 238; 1853-4 376
Liquor, sale regulated, 1 860 107
Liquor tax, 1899 p. 929: 1898 234
School bond election, 1898 231
. Sees. 786, 186 (a), 786 (b). 886
fc), 787-91 of Code of 1882 in-
corporated in charter 1889 . . 929
Monroe County.
Bonds of officers, 1873 280
Act 1873 repealed, 1876 268
City court abolished, 1897 528
Concord Academy incorporated,
1828 7
Constables, fees of, 1870 445
County commissioners, board
created, 1872 445
Act creating commissioners
amended, 1876 285
Board of, enlarged, 1898 371
Election, terms, etc., 1884-5, p.
140; 1897 396
County court abolished, 1884-5.. 453
County Line Academy incorpo-
rated, 1831 5
Cullodenville Academy incorpo-
rated, 1833 22
Debts due by county receivable
for taxes 1873 227
Act 1873 repealed, 1877 304
Domestic wines, 1899 486
Election districts, 1830 93
Farm products, buying and sell-
ing prohibited, 1872 484
Farmers' Academy, incorporation
of, 1837 3
Fees of justices of the peace and
bailiffs, 1851-2. p. 443: 1857.. 270
Forsyth made county seat, 1823. . 186
Gates across public roads, 1872.. 469
Georgia Episcopal and Christ Col-
lege incorporated, 1840 98
Gulletsville Academy incorpo-
rated, 1833, p. 22: 1837 3
Hale Academy, incorporation of,
1833 22
Hebron Academy, incorporation
of, 1828 20
Hilliard Male Institute, act in-
corporating, 1857 142
Hiram Chapter No. 5, 1847 113
Jackson Academv incorporated,
1821 3
Jailer, fees of, 1876 370
Jurors, pay of, 1871-2, p. 240;
1872 486
Lafavette Academy incorporated,
1836 9
Line between Bibb and Monroe
changed, 1877 272
Between Monroe and Crawford
changed, 1847, p. 65; 1853-4.. 319
Liquor furnished by physicians,
1899 486
Act 1882, sec. 6, stricken, 1899. . 486
347
INDEX.
Mo
LOCAL LAWS.
Monroe County — Continued.
Manufacture prohibited, 1899.. 484
Sale prohibited, 1889 1378
Sale restricted 1875, p. 349;
1880-1 620
Liquor license, 1875 330
How granted, 1875 330
Local option act, 1880-1, p. 636;
1882-3 548
Male and female academies,
amendment, 1838 3
Monroe Lodge No. 18 incorpo-
rated, 1847 113
Organization of, 1822 21, 23
Part of, added to Butts, 1825 63
Physicians exempt from jury duty,
1860 213
Pine Grove Grammar School, trus-
tees of, 1837 18
Poor asylum established, 1829.. 110
Poor children, pay of teachers,
1853-4 152
Poor school account, payment,
1860 183
Public school system, act estab-
lishing, 1872, p. 490; 1889... 1328
Red lick Academy incorporated,
1829 8
Registration law for, 1894 226
Road laws, 1877 326
Acts 1877 and 1883 repealed,
1884-5 549
Rock Spring Academy abolished,
1838 8
Rosseau Academy, incorporation
of, 1836 10
Rum Creek Academy incorpo-
rated 1838 8
Russellville Academy, Incorpora-
tion of, 1837 3
Seed cotton, sale prohibited, 1887, 879
Sale regulated, 1889 1394
Stock not run at large, 1880-1 648
Stock law for portion of, 1882-3.. 642
Tax for educational purposes,
1872 455
Tax collector, receiver and treas-
urer, compensation of, 1876.. 371
Towalega Academv, incorporation
of, 1826 13
Treasurer for, Vol. II., 1890-1 932
Election, bond, etc., Vol. II.,
1890-1 932
Elected by people, 1849-50 390
Treasurer's office abolished,
1882-3 501
Union Academv incorporated,
1853-4 141
Monroe Agricultural Society.
Incorporation of, 1842 112
Monroe Banking, Loan and Guaranty
Co.
Act incorporating, 1887 371
Name changed to Bank of For-
syth, 1895 108
Monroe Camp Ground.
Incorporation of, 1842 43
Monroe County Alliance, Exchange,
Warehouse and Banking Co.
Act incorporating, 1888 100
Monroe Female Academy.
Incorporation of. 1842 4
Monroe Railroad Co.
Act incorporating, 1833 238
Absorbed by Macon and Western
Railroad Co., 1847 181
Appeal from assessment of com-
missioners, 1835 200
Monroe Railroad and Banking Co.
Appropriation of extension stock,
1838 191
Forfeitures relieved, 1835 20
Macon, authority to construct rail-
road into, 1837 200
Name changed to Macon and
Western Railroad Co., 1845.. 160
Transfer of stock forbidden, when,
1837 200
West Point Branch established,
1839 29
Montezuma.
Act incorporating town. 1853-4, p.
232: 1860, p. 93; 1870, p. 212;
1871-2 123
New charter, 1887 535
Bonds for bridge across Flint
river, 1888 204
Corporate limits, 1900 • 371
New charter for, 1887 585
Act 1870 amended, 1887 585
Public school system for, 1889.. 1330
Montezuma and Flint River Steam-
bcat Co.
Act incorporating, 1889 755
Montezuma and Vienna Railroad Co.
Act incorporating, 1872 354
Montezuma Steamboat Co.
Act incorporating, 1887 470
Montgomery County.
Birds, protection of, 1889 1178
Countv Academy incorporated,
1841 4
County commissioners, board
created, 1873 281
Compensation of commissioners,
1.897 399
Compensation of clerk, 1884-5.. 426
Division line, 1810 53
Act to ascertain, 1803 (Clay-
ton's Comp.) 175
Mo
INDEX.
34.8
LOCAL LAWS.
Montgomery County — Continued.
Division of. 1801 (Clayton's
Comp.) 34
Election districts established,
1825 08
Came law for, 1887 723
Hunting and fishing, 1889 1183
Jail, extra tax for building, 1819
(Lamar's Comp.) 926
Jurors, per diem of, 1876 370
Laurens county, part of, added to,
1838 81
Line between Montgomery and
Laurens changed, 1874 373
Between Montgomery and Tat-
nall, 1841, p. 67; 1859, p. 271;
1875 274
Between Montgomery and Tel-
fair changed, 1811, p. 55;
1849-50, p. 128; 1877 277
Liquor, sale prohibited, 1894.... 280
Sale regulated, 1888 312
Sale restricted. 1871-2 248
Liquor license, 1876, p. 34 8; 1880-1, 615
License in McVille, 1882-3 601
Net or seine fishing. 1889 1180
Part of, added to Dodge. 1870 18
Added to Emanuel, 1812 82
Added to Laurens county, 1811,
p. 168: 1859 271
Parts of Telfair and Tatnall ad-
ded to, 1812 119
Pendleton creek, working of, 1889 1239
Poor school fund, 1832, p. 17;
1833, p. 230; 1835. p. 174: 1842 136
Poor school fund and academical
fund consolidated, 1829 11
Public school system established.
1872 490
Registration law for, Vol. II.,
1890-1 975
Removal of county site, 1857.... 259
Road laws, 1840 170
Act 1840 repealed, 1860 225
Roads to rivers, etc., 1853-4 550
Sale of lots, 1859 299
Site of public buildings made per-
manent. 1813 44
Tax, exemption of government
troops' graves. 1859 370
Tax collector and receiver con-
solidated, 1840 180
Tatnall, part of. added to, 1814.. 19
Telfair, part of. added to, 1820, p.
75; 1833 55
Treasurer elected by people,
1849-50 390
Montgomery and West Point Rail-
read Company in Georgia.
Act incorporating, 1853-4 446
Columbus' subscription to stock
legalized, 1858 131
Stockholders of Montgomery Rail-
road Co.., incorporated into,
1837 (see Montgomery Rail-
road Co.) 201
Montgomery Railroad Co.
Montgomery and West Point Rail-
road Co. incorporated, 1837
(see Montgomery and West
Point Railroad.) 201
Montgomery Street and Fair Ground
Railroad Co.
Act incorporating, 1872 356
Monticello.
Act 1858 repealed. 1860 95
Amendment of charter, 1813 .... 31
Better regulation of, act affecting,
1816 27
Bonds in aid of Grifiin and M.
& M. R. R. Co.. 1872 202
Commissioner, power of, 1851-2.. 432
Commissioners, powers and duties
of, 1860 95
Extension of corporate limits,
1851-2, p. 432: 1859 187
Jasper Lodge incorporated, 1853-4, 205
Liquor, sale regulated, 1882-3 569
Marshal, election of. 1858 130
Mavor and councilmen, election of,
* 1889 896
Montgomerv Academy estab-
lished, 1815 87
Public school houses, 1889 1282
Powers defined, 1889 896
Regulation act amended, 1817
(Lamar's Comp.) 983
Streets, working of. 1851-2 432
Monticello and Eatonton Railroad Co.
Act incorporating, 1884 5 222
Monticello and Griffin Railroad Co.
Act incorporating. 1853-4 448
Monticello and Trans-Ocmulgee Rail-
road Co.
Act incorporating, 1880-1 296
Monticello, Eudora and Social Circle
Railroad Co.
Act incorporating, 1884-5 197
Monticello Female Academy.
Incorporation of, 1825 10
Montour Village.
Act incorporating, 1857 186
Montour Manufacturing Co.
Montrose Manufacturing Com-
pany, name changed to, 1859, 242
Montrose Manufacturing Co.
Act incorporating. 1855-6 451
Moreland.
Act incorporating town, 1888 .... 268
Corporate limits, 1889 883
349
INDEX.
Mo
LOCAL LAWS.
Morgan.
Act incorporating, 1855-6 381
Commissioners, authority to con-
tract, 1876 170
Dispensary for, 1897 570
Extension of corporate limits,
1871-2 123
Liquor, sale prohibited, 1876 .... 187
Liquor license, 1871-2 123
Morgan County.
Appalachee river, a legal fence,
1877 314
Buekhead Academy incorporated,
1834 18
Chain gang, Act of 1892 repealed, 484
Convict hire prohibited, 1884-5... 636
County commissioners, act creat-
ing board, 1874 354
Election of, Vol. II., 1890-1 913
Election by grand jury, 1899. . . 485
Courthouse, fund for completion
of, 1839 221
Evansville Academy, trustees ap-
pointed, 1834 62
Came, protection of, 1876 339
Hogs, depredation of act to pre-
vent, 1878-9 ....' 402
Jail, extra tax for building, 1819
(Lamar's Corap.), p. 928; 1874 234
Jasper, part of, added to, 1815 ... 71
Line between Greene and Morgan
changed, 1871-2 306
Between Greene and Newton
denned, 1823 61
Liquor, license fee to sell, 1900.. 188
Manufacture prohibited, 1900.. 188
Restriction on sale, 1874 225
Sale of, 1889 1344, 1366
Sale prohibited, 1876, p. 187;
1878-9 388
Local option act, 1882-3 591
Madison made county seat, 1830. . 212
Madison Academy incorporated,
1815 92
Malloreysville Academy incorpo-
rated, 1849-50 32
Oak Grove Academy incorporated,
1826 30
Permanent site of public build-
ings, 1808 72
Registration law for, 1884-5, p.
615; 1887 759
Act 1887 amended, Vol II.,
1890-1 994
Rehoboth Academy, incorporation
of. 1836 10
Dividends of academic fund,
1837 3
Road duty, 1855-6 510
Site of public buildings, 1814.... 54
Union Academy, incorporation of,
1834 3
Wellington Academy incorpo-
rated, 1849-50 35
Morganton.
Act incorporating town, 1855-6, p.
353; 1873, p. 153; 1882-3 299
Act of 1883 repealed, 1895 257
Free school organized, 1874 215
Intendant and commissioner
changed to mayor and council-
men, Vol. II., 1890-1 842
Morning Star Lodge.
Act incorporating, 1851-2 384
Morven.
Charter, 1900 365
Mossgill Manufacturing Co.
Act incorporating, 1866 95
Moultrie.
Act incorporating town. 1859, p.
187; Vol. II.. 1890-1 575
City market established, 1899 254
Commutation tax, 1899 254
Excavations, 1899 254
Licenses, 1899 254
Liouor and specific license, Vol.
II.. 1890-1 577
Mayor and aldermen, terms of
office, 1900 372
Vacancies in offices, 1900 372
Mayor and councilmen, election
of, Vol. II., 1890-1 . 577
Mayor pro tern., Vol. II., 1890-1... 577
New charter for, 1895 257
Nuisances, regulation of, 1899.. 254
Penalties, extent of, Vol. II., 1890-1 577
Public schools, 1896 311
Registration of voters. 1899.... 252
Illegal registering, 1899 252
School fund, pro rata part, 1899. . 456
Street work. 1899 ... 254
Mountain Town Hydraulic Hose Min-
ing Co.
Act incorporating, 1860 126
Mountain Valley Railroad Co.
Act incorporating, 1888 189
Mount Airy.
Act incorporating town, 1.874 .... 159
Ad valorem tax, Vol. IT., 1890-1.. 794
Corporate limits defined, Vol. II.,
1890-1 794
Mayor and councilmen, election,
powers, etc., Vol. II., 1890-1, p.
794; 1900 370
Name of town, Vol. II., 1890-1 794
Officials, interest in contracts, Vol.
II., 1890-1 794
Tax on billiard tables, etc., Vol.
II., 1890-1 794
Mount Airy Savings Bank.
Act incorporating. 1877 134
Mo-Mu
INDEX.
350
LOCAL LAWS.
Mount Vernon.
Act incorporating town Vol. IT.,
1S90-1 848
Mount Zion.
Liquor, sale prohibited, 1877 176
Mountville.
Incorporation of, 1897 274
Mt. Vernon.
Act incorporating town, 1872.... 241
Offenders labor on streets, 1892. . 166
Special taxes, 1892 166
Mt. Vernon Academy.
Incorporation of, 1810 139
Mt. Vernon Association.
Act incorporating, 1859 118
Mt. Zion Academy.
Incorporation of, 1823 8
Muckalee Manufacturing Co.
Act incorporating, 1874 274
Murrsy County.
Camp hunting by nonresidents,
1884-5 496
Christian's residence added to
Murray, 1849-50 129
Cohuttah Lodge incorporated,
1851-2 361
Common schools, 1849-50 156
County commissioners, board
created, 1872, p. 480: 1873, p.
282; 1882-3, p. 506; 1893 365
County seat, name and incorpora-
tion, 1839 86
Deer protected. 1870 446
Election districts, 1832 76
Fees for verdicts. 1853-4 471
Fishing, restrictions on, 1882-3.. 546
Act 1883 repealed, 1884-5 495
Friendship Baptist Church in-
corporated, 1860 75
Gates across roads. 1870 444
Herding or grazing stock by non-
residents, 1884-5 592
Jail, extra tax for building, 1845 . . 192
Jurors, compensation, 1853-4, p.
471: 1855-6, p 490: 1857 p.
274: 1871-2, p. 240; 1872. ..'... 486
Jury scrip receivable for tax,
1859, p. 371; 1869 177
Line between Murray and Fannin
changed, 1855-6 132
Between Murray and Gilmer de-
fined, 1838 79
Between Murray and Gordon
changed, 1851-2, p. 68; 1865-6,
p. 50; 1876 308
Between Murray and Walker
changed, 1849-50 135
Liquor sale of, 1889 1381
Sale on election days, 1860 .... 159
Local option, 1875, p. 338; 1882-3, 592
Act 1875 amended, 1876 328
Act of 1875 repealed, 1876 343
Militia districts organized, 1837, 110
Mount Zion Academy incorpo-
rated, 1851-2 326
Murray Academv incorporated,
1833 17
New Providence Church, new trus-
tees for, 1851-2 370
Organization of, 1832 56
Part of, added to Cass. 1834 71
Added to Gordon, 1851-2 rr. 74
Roads, classification of 1870 .... 455
Road laws. 1859, p. 359; 1870 458
Sandy Spring Academy incorpo-
rated, 1840 9
Schools, act regulating. 1859.... 93
School district, 1857 248
Sharon Academy incorporated,
1S41 4
Sheriff, bond reduced, 1873 254
Compensation I860 147
Sheriff and deputy, fees of, as tax
officers, 1876 371
Spring Place made county seat,
1834 248
Stock driving and grazing re-
stricted, 1861 104
Tax, increase of, 1859 370
Tax collector abolished, sheriff
perform the duties, 1875 . . 289
Tax receiver abolished, deputy
sheriff performs duties, 1875. 289
Teachers, ordinary to pay, 1855-6. 303
Treasurer elected by people,
1849-50 390
Walker countv organized out of,
1833 52
Whitfield county created out of,
1851-2 56
Murray County Academy.
Trustees increased, 1839 12
Murray County Mining and Railway Co.
Act incorporating. 1875 230
Muscogee Academy.
Incorporation of, 1828 14
Sale of female academy lots, 1835, 14
Muscogee County.
Ball Hill camp ground incorpo-
rated. 1851-2 370
Bond of sheriff and coroner, 1840, 51
Chain gang, use in other counties,
1884-5 448
Convicts from other counties,
working of, 1884-5 448
County commissioners, board
created. 1872 451
Powers enlarged, 1884-5 443
Term, election, etc., 1875 262
351
INDEX.
Mu
LOCAL LAWS.
Muscogee County — Continued.
County court established, 1872.. 447
Abolished, 1880-1 569
Countv treasurer, election of by
people, 1855-6 404
Election managers, pay of, 1884-5, 644
Superintettidentfs compensation;,
1839 1'83
Extra tax to build jail, 1859 371
To pay jurors, 1860 148
Farm products, sale regulated,
1876 340
Game protection, 1875, p. 302;
1877 317
Halloca Academy, incorporation
of, 1837 3
Harris, part of added to, 1829 30
Hickory Grove Academy, trustees
appointed, 1839 4
Island Creek Academy incorpo-
rated, 1855-6 295
Jail, erection of new, 1855-6 412
Lot for, 1839 223
Jefferson Academy incorporated,
1833 22
Jurors, pay of, 1853-4 484
Per diem of. 1876 372
Jury box, revision, 1872 451
Line between Muscogee and Chat-
tahoochee changed, 1855-6,
p. 134: 1865-6 50
Between Muscogee and Talbot
changed, 1862-3 82
Liquor, sale of, Act of 1874 re-
pealed, 1875 349
Sale restricted, 1874, p. 398;
1S75 344
Liquor license, 1876 340
Act 1876 repealed, 1878-9 380
Male and Female Academy, trus-
tees increased, 1839 9
Mount Pleasant Academy incorpo-
rated, 1835 11
Repeal of part of Act of 1836. . 4
Organization of, 1826, p. 57; 1827, 65
Part of, added to Chattahoochee,
1853-4 288
Added to Marion, 1849-50 139
Added to Talbot, 1847 64
Part of publie square given to,1828 167
Philadelphia Methodist camp
ground incorporated, 1843 78
Place for legal sales, 1861, p. 105;
1882-3 658
Poor children, pay of teachers,
1853-4 155
Poor school fund, 1833 233
Princeton Academy, incorporation
of, 1837 3
Prison bounds, 1853-4 335
Public sales and markethouse,
1840 51
Registration law for, 1884-5 631
Law amended, 1886 295
Road commissioners. Act 1860 re-
pealed, 1869 169
Seed cotton, sale regulated, 1889. . 1391
Sheriff, bond of, 1851-2 442
Summer Retreat Academy in-
corporated, 1836 4
Superintendent of roads and
bridges, 1865-6 247
Tax collector and receiver, com-
pensation, 1860 148
Teachers of poor children, relief
of, 1859 100
Treasurer, salary of, 1876 372
Validation of grants in, 1828 98
Wynnton Academy, incorporation
of, 1837 3
Muscogee Asylum for the Poor.
Incorporation of, 1847 133
Incorporation in part repealed,
1851-2 357
Tax levied, 1855-6 333
Muscogee Banking Co.
Act incorporating, 1869 28
Muscogee Building and Loan Asso-
ciation.
Court, charter confirmed, 1855-6.. 480
Relief of, act for, 1865-6 103
Muscogee Division of the Sons of
Temperance No. 29.
Act incorporating, 1851-2 361
Muscogee Insurance Co.
Incorporation of, 1S38 138
Muscogee Manufacturing Co.
Act incorporating, 1869 120
Muscogee Railroad Co.
Bonds, indorsed by Macon * and
Western Railroad Co., 1847 . . 183
Columbus, loan of bonds to, 1851-2, 387
Connection with other roads, 1857 72
Connection with Southwestern
Railroad, 1849-50 245
Consolidation with Southwestern
Railroad Co.. 1855-6 187
Directors, qualification of, 1855-6, 183
Election of. 1847 166
East common granted to it by
city, 1847 166
Election of officers, 1853-4 450
Extension to Thomaston, 1859 . . 332
Machine shop, 1853-4 450
Stockholders, meeting of, 1855-6. . 183
Title to plat on east common of
Columbus, 1849-50 238
Transfer of stock, 1847 166
Mutual Building, Loan and Land As-
sociation.
Act incorporating, Vol. II., 1890-1, 382
Mu-Ne
INDEX.
352
LOCAL LAWS.
Mutual Building and Loan Associa-
tion of Columbus.
Act incorporating, 1859 264
"Mutual Gaslight Company of Savannah.
Act incorporating, 1875 193
Mutual Insurance Company of Georgia.
Act incorporating, 1872 286
Mutual Loan and Banking Co.
Act incorporating, 1887 380
Mutual Protection Insurance Co.
Act incorporating, 1871-2 162
Capital stock increased, 1876 .... 225
Nacoochee Hydraulic Mining Co.
Act incorporating, 1857 219
Act 1857, sec. 2, repealed, I860. . . 129
Capital stock, 1860 129
Privileges granted to, 1860 129
Nacoochee Mining Co.
Incorporation of, 1832 88
Nacoochee Valley Mining Co.
Act incorporating, 1868 92
Nacoochee Valley Railroad Company.
Act incorporating, 1888 185
Begin work in six j^ears, Vol. I.,
1890-1 371
Nashville.
Act incorporating, 1892 162
New charter for, 1900 374
Nashville and Chattanooga Railroad
Company.
Construction of railroad through
Dade county, 1847 172
Service, how perfected upon, 1860. 45
Suits against, how brought, 1869 . 139
National Mercantile Assurance Co.
Name changed to "The National
Mercantile Co.," 1880-1 213
National Mercantile Company.
National Mercantile Assurance
Company's name changed to,
1880-1 213
Nationaf Mercantile Debt Assurance
Company.
Act incorporating, 1878-9 202
National Emigration, Improvement
and Manufacturing Company.
Act incorporating, 1870 248
National Guaranty Company.
Act incorporating, Vol. I., 1890-1. 501
National Insurance Company.
Act incorporating, 1866 77
Nay I or.
Liquor, sale prohibited, 1878-9 . . 384
Neal Loan and Banking Company.
Act incorporating, 1886 78
Loans and interest, Vol. II., 1890-1. 119
Security by deed, mortgage, etc.,
Vol. II., 1890-1 119
Neligh Manufacturing Company.
Incorporation of, 1839 117
Nellieville.
Act incorporating village, 1893 . . 269
Nelson.
Act incorporating town, Vol. II.,
1890-1 .. ' 742
Newborn.
Act incorporating, 1894 174
New England City.
Act incorporating town, Vol. II.,
1890-1 632
New England City Loan and Bank-
ing Company.
Act incorporating, Vol. II., 1890-1. 148
New Era Mining and Manufacturing
Company.
Act incorporating, 1865-6 194
New Gibralter.
Exemption from road duty, 1843 . . 105
Extension of corporate limits, 1843 105
Incorporation of, 1839 126
Name changed to Stone Moun-
tain, 1847, p. 31; 1872 266
New Life Water Power and Granite
Railway Company.
Act incorporating, 1887 220
New Manchester Manufacturing Co.
Act incorporating, 1857 214
Newnan.
Bonds for sewerage, 1898 235
City, act making, 1865-6 287
City court established, 1887 692
College Temple incorporated,
1853-4 119
Act 1854 explained, 1860 171
Condemnation for streets, etc.,
1888 266
Confederate monument, 1884-5 . . . 652
Corporate limits, 1865-6 287
Limits denned, 1874. p. 197; 1876 188
Extension of corporate limits,
• 1851-2, p. 433: 1880-1, p.
409; 1887, p. 376; 1889 1009
Incorporation of, 1823 186
Intendant and commissioners,
election of, 1851-2 : 433
Powers defined, 1851-2 433
Liquor, sale regulated, 1877 177
Local option law repealed, 1877 . . 177
Public school system established,
1886 312
Fees of nonresident pupils,
1887 815
Marshal, election of, 1853-4, p.
263; 1859 188
Mayor and aldermen, election of,
1874 197
Terms of, 1882-3 270
353
INDEX.
Ne
LOCAL LAWS.
Newnan — Continued.
Name changed to "The City of
Newnan," 1882-3 270
New charter for, 1893 272
Presbyterian church incorporat-
ed, 1831 64
Registration of voters, 1876. ..... 154
School election, 1887 . : 815
School for country children in,
1894 244
School bonds, act amended, 1892. 156
Sewer bonds, 1898 235
Tax agricultural lands exempt,
1874 216
Act 1874 repealed, 1887 575
Livery stables, drays, etc., 1888.. 266
Shows, etc., 1884-5 644
Tax assessors, their duties, 1884-5. 33S
Water works bonds, 1892 153
Working of public roads, 1830 206
Newnan Academy.
Incorporation of, 1828, p 8: 1838. . 8
Newnan and Americus Railroad Co.
Act incorporating, 1870 350
Act 1870 repealed, 1871-2 197
Directors increased, 1872 359
State aid to, 1870 350
Terminus, change of, 1871-2 198
Construction of northern termi-
nus, 1871-2 198
Newnan and Greenville Railroad Co.
Act incorporating, 1884-5 245
Newnan and Western Railroad Co.
Act incorporating, 1884-5 247
Newnan Bank, Loan and Trust Com-
pany of Newnan.
Act incorporating, 1870 129
Newnan Banking Company.
Cotton Mills Bank of Newnan
changed to, Vol. II., 1890-1 155
Newnan Female College.
Act incorporating, 1851-2, p. 302;
1836 8
Newnan Guards.
Act incorporating, 1858 170
Sees. 4 and 7 repealed, 1859 3922
Newnan Male and Female Seminary.
Trustees appointed, 1849-50 29
Newnan Street Railway Company.
Act incorporating, 1889 705
New River.
Fish protection, 1874 407
New South Savings Bank.
Act incorporating, Vol. II., 1890-1. 150
Newton.
Act incorporating town, 1871-2.. 303
Extension of corporate limits, 1897 279
Liquor, sale of, 1897 279
23— Ga. Code
Mayor, power of, 1897 279
Streets and street tax, 1897 279
Street tax, when due, 1898 234
Nonpayment punishable, 1898 . 234
Tax on business, 1897 279
On property, 1897 279
Newton County.
Bonds for building new jail, 1874. 326
County commissioners, board
created, 1877 261
Compensation, Vol. II., 1890-1.. 910
County court abolished, 1877 .... 64
Abolishing act repealed, 1886 . . 281
Courthouse, tax levy for, 1884-5, p.
642: 1889 1113
Dispensary established, Vol. II.,
1890-1 1065
Authority to establish, with-
drawn, 1898 395
Drainage, 1900 190
Dried Indian Mountain Academy
incorporated, 1851-2 370
Election districts, 1830, p. 91;
1831 125
Extra compensation of officers,
1875 292
Extra tax for county indebtedness,
1878-9 358
For roads and bridges, 1873 . . 283
Farm products, buying and selling
prohibited, 1872 , 484
Farmers' Academy, incorporation
of, 1837 3
Female Seminary, incorporation
of, 1833 22
Flint Hill Academy incorporated,
1853-4 122
Game law for 1887 727
Georgia Conference Manual Labor
School incorporated, 1834 150
Harmony Academy, incorporation
of, 1836 10
Jefferson Academy incorporated,
1826 26
Jurors, compensation of, 1870 .... 461
Per diem of, 1871-2 237
Leaksville Academy, incorpora-
tion of, 1823 15
Line between Newton and De-
Kalb changed, 1849-50 132
Defined, 1826 62
Between Henry and Newton
changed, 1841 62
Between Jasper and Newton
changed, 1841, p. 64; 1849-50,
p. 131; 1851-2, p. 66; 1860, p.
143: 1876, p. 308; 1877 277
Between Newton and Morgan
defined, 1823 61
Between Newton and Rockdale
changed, 1876 308
Between Walton and Newton
Ne-No
INDEX.
354
LOCAL LAWS.
Newton County — Continued.
changed, 1847 p. 70; 1849-50,
p. 132; 1874 '. 370
Between Walton and Newton
defined, 1822 27
Liquor, manufacture of, prohibit-
ed, 1898 394
Sale restricted, 1875, p. 350;
1876, p. 200; 1877 185
Liquor license, 1873, p. 280; 1874 . 399
Little River Academy, incorpora-
tion of. 1836 10
Means' residence added to, 1842. 63
Organization out of Jasper, Wal-
ton and Henry, 1821 38
Part of added to Jasper, 1834 72
Repealed, 1840 39
Added to Jasper, 1822, p. 26;
1849-50 132
Added to Rockdale, 1870 16
Poor school account, payment,
1860 184
Registration law for, 1887 734
Law of 1887 repealed, 1892 240
Special tax to pay county indebt-
edness, 1880-1 528
Tax, power extended, 1882-3 500
. Teachers, ordinary, to pay, 1855-6. 303
Teachers of poor children pay of,
1859 103
Treasurer, election of. 1859 276
Act 1825 repealed, 1859 279
Walton, part of, added to, 1840.. 36
Yellow River a lawful fence, 1876. 341
Yellow River Academy incorporat-
ed, 1833 22
Newton County Academy.
Additional trustees for, 1830 13
County land conveyed to, 1824, p.
7; 1828 6
Incorporation of, 1822 8
Newton County Female Seminary.
Incorporation of, 1833 22
Newton, Morgan and Lumpkin Rail-
road Company.
Act incorporating, 1887 273
New York and New Orleans Air Line
Railroad Company.
Georgia Air Line Railroad Com-
pany, name changed to, 1866. 121
New York and Savannah Steam
Navigation Company.
Capital stock increased, 1851-2 .. 164
Incorporation of, 1847 131
Nicojack Railroad and Mining Com-
pany.
Act incorporating, 1855-6 177
Noontootty Mining and Manufactur-
ing Company.
Act incorporating, 1868 95
Amendment of name, 1870 264
Norcross.
Act incorporating town, 1870 .... 212
Liquor, sale prohibited, 1874 216
New charter for, 1889 1047
Public school bonds, 1896 314
Norcross and Dahlonega Railroad
Company.
Act incorporating, 1873 204
Name changed to Atlanta and
Amicolola Railroad, 1874 301
North American Fire Insurance
Company of Atlanta.
Act incorporating, 1865-6 125
North Augusta Railroad Company.
Act incorporating, Vol. I., 1890-1 . . 336
North and South Railroad Company.
Act incorporating, 1872 364
Connections, Sec. 11 of charter act
repealed, 1872 364
Extension of lines, 1873, p. 207;
1889 293
Stock subscribers, defaulters,
1872 364
North and South Railroad Company
of Georgia.
Act incorporating, 1870 347
Sale authorized, 1876 123
North and South Short Line Rail-
way Company.
Act incorporating, 1887 138
Capital stock increased, 1889 .... 293
General law part of charter,
1889 293
Lease or sale, 1889 293
North and South Street Railroad
Company of Rome.
Act incorporating, 1888 149
Northeast Georgia Loan and Bank-
ing Company.
Act incorporating, Vol. II., 1890-1. 317
Northeastern Banking Company.
Act incorporating, Vol. II., 1890-1. 220
Northeastern Plank or Railroad
Company.
Act incorporating, 1849-50 233
Northeastern Railroad Company.
Act incorporating, 1853-4, p. 451;
1855-6 178
Amendment to charter, 1871-2 175
Bonds, report and resolution on
indorsement of, 1878-9 440
Road from Athens to Clayton,
1870 343
Sale of, 1896 81
North Georgia and North Carolina
Railroad Company.
Act incorporating, 1870 342
355
INDEX.
No-Oc
LOCAL LAWS.
North Georgia Agricultural College.
Dahlonega Academy, etc., trans-
fer to, 1874 211
Military department, provision for,
1877 117
Relief granted as to expiration of
its charter, etc., 1895 430
North Georgia and Ducktown Rail-
road Company.
Act incorporating, 1872 360
Name changed to Iron Valley
Railroad, 1875 231
North Georgia and St. Andrew's
Bay Railroad Company.
Act incorporating, 1887 202
North Georgia Mining Company.
Act incorporating, 1855-6 442
Office, where kept, 1869 54
Stock reduced, 1869 54
North Georgia Mining and Manufac-
turing Company.
Act incorporating, 1865-6 197
Capital stock. 1865-6 198
North Georgia Petroleum and Min-
ing Company.
Act incorporating, 1865-6 172
North Georgia Railroad Company.
Act incorporating, 1874 302
North Georgia Railway Company.
Act incorporating, Vol. I., 1890-1. . 255
North Georgia Telegraph Company.
Act incorporating, 1886 209
North Highlands Railroad Company.
Act incorporating, Vol. I., 1890-1. 259
North Macon Street Railroad Co.
Act incorporating, 1874 302
North Rome.
Forrestville changed to, Vol. II.,
1890-1 855
Public school system for, 1893 .439, 441
Northwestern Bank of Georgia, at
Ringgold.
Act incorporating, 1855-6 62
Northwestern Bank of Georgia.
Branch in Atlanta, 1861 23
Relief of president and directors,
1863-4 15
Northwestern Mining Company.
Act incorporating, 1865-6 173
Northwestern Railroad Company.
Act incorporating, 1876 255
Bonds, state indorsement of,
1878-9.. 429
Route, Act 1876 amended, 1877. . . 241
Norwood.
Act incorporating town, 1884-5 . . 394
Code Sees. 774-797 (c) made ap-
plicable, 1888 263
Councilmen increased, 1888 ...... 263
Nottey Turnpike Company.
Act incorporating, 1857 85
Oakfield.
Charter, 1900 390
Oakland City.
Chain gang, 1896 225
Corporate limits defined, 1897 . . 281
Policemen, jurisdiction 1897 281
Oakley Mills Manufacturing Co.
Bond issue, lien, etc., 1872 306
Ocean and Tow Boat Company.
Act incorporating, 1855-6 192
Ocean Bank and Trust Company.
Act incorporating, 1870 134
Ocean Bank of Brunswick.
Act incorporating, 1868 34
Ocean City.
Act incorporating town 1887 .... 558
Name changed to Tybee, 1888 . . 271
Ocean Pond and St. Mary's Short
Line Railroad Company.
Act incorporating, 1889 255
Ocean Steamship Company of Sa-
vannah.
Act incorporating, 1872 380
Ochlocknee.
Act incorporating town, 1874 .... 160
Liquor, sale regulated, 1893 283
Ochlocknee River.
Fish protection, 1874 407
Obstruction to passage of fish,
1857 289
Ocilla.
Board of school trustees, 1898.238(9, 10)
Corporate limits defined, 1898.237 (1)
Council, powers of, 1899 256
Elections, 1899 256
Extension of corporate limits,
1899 256
Franchises, power to grant, 1899. 256
Incorporation of, 1897 282
Mayor, presiding officer, 1898 ..238 (6)
Oath of officers, 1898 238 (7)
Officers, compensation of, 1898 .238 (3)
Election of, 1898 238 (2)
Terms, vacancies, etc., 1898..
238 (2)
Ordinances, 1899 256
Power to pass, 1898 238 (5)
Public schools, 1898 238 (8)
Qualification of voters, 1898 ..238 (4)
Recorder's court, mayor, etc., may
preside, 1899 256
Registration of voters, 1898.. 238 (4)
School tax, 1898 238 (11)
Tax sales, marshal to' conduct,
1898 238 (6)
Trustees of school, 1898 238 (9, 10)
Water works light plant, etc.,
1899. . . . '. 256
Oc-Og
INDEX,
356
LOCAL LAWS.
Ocmulgee and Altamaha Steam Nav-
igation Company.
Act incorporating, 1857 81
Ocmulgee and Flint Railroad and
Canal Company.
Extension of time for completion,
1849-50 238
Ocmulgee and Flint River Railroad.
Extension of time for completion,
1842 142
Ocmulgee and North Georgia Rail-
road Company.
Name changed to Macon and Cin-
cinnati Railroad Company,
1872 365
Ocmulgee Bank.
Receivers for. 1851-2 22
Ocmulgee Circuit.
Organization of, 1807 (Clayton's
Comp.) 359
Ocmulgee Mills.
Act incorporating, 1855-6 434
Act 1856, Sec. 6 repealed, 1860 . 118
Capital stock, increase of, 1860. . 118
Ocmulgee Railroad Company.
Charter, 1847 167
Ocmulgee River.
Act for improvement of 1835 .... 255
Bridges protected against rafts,
1874 409
Fish obstructions, 1821, p. 49;
1824, p. 85; 1829, p. 157; 1831,
p. 213; 1832, p. 166; 1857 289
Head of navigation, 1873 148
Improvement of navigation of,
1816, p. 54; 1827 174
Navigation improvement act,
1851-2 272
New commissioners for, 1853-4 . . 467
Shad fishing regulated, 1829 152
Propagation, act to promote,
1875 357
Ocmulgee River Railroad Co.
Act incorporating, 1863-4 146
Name changed to Ocmulgee and
North Georgia Railroad Com-
pany, 1870 353
Ocmulgee Steamboat Company.
Incorporation of, 1835 278
Oconee.
Act incorporating, 1876 151
Oconee County.
Bridges between Clarke and
Oconee, 1887 790
Clerk superior court and tax col-
lector consolidated, 1876 .... 341
Contracts, letting out regulated,
1876 320
County commissioners, act creat-
ing, 1876 286
Abolished, 1898 373
Compensation, 1887 660
Clerk's compensation, 1887 .... 666
Election managers, pay of, 1882-3 . 497
Fines and forfeitures, application
of, 1877 318
Came protection, 1889 1183
Liquor, sale restricted, 1876, p.
206; 1878-9, p. 384; 1884-5 ... 521
Organized out of Clarke 1875 109
Registration of voters, 1888, p,
302: 1892 247
Sheriff and tax receiver consoli-
dated, 1876 341
Act 1876 repealed, 1886 263
Oconee and Atlantic Steamboat Co.
Incorporation of, 1837 251
Oconee Hill Cemetery.
Act incorporating, 1860 113
Oconee Navigation Company.
Charter of. 1808 59
Oconee River.
Act for keeping open, 1802 (Clay-
ton's Comp.) 75
Improvement of navigation of,
1801 (Clayton's Comp.), p.
31: 1802 (Clayton's Comp.), p.
140: 1805, p. 44: 1811 140
Keeping open, act amended, 1822. 64
Locks to be kept open, 1820 93
Navigable, act to render, 1819
(Lamar's Comp.) 528
Navigation improvement Acts
1815, p. 24; 1845, p. 184;
1851-2 272
Obstructions, removal of, 1836. ... 19
Obstructions to fish, 1835, p. 249;
1857 289
Shad fish propagation, act to pro-
mote, 1875 357
Oconee River Steamboat Company.
Act incorporating, 1878-9 23S
Oconee Savings Bank.
Act incorporating, 1874 247
Ogeechee Navigation Company.
Charter of, 1810 100
Extension of charter acts re-
pealed, 1831 199
Ogeechee Plank Road Company.
Act incorporating, 1851-2 180
Act 1852 amended, 1855-6 196
Charter amended, 1853-4 447
Ogeechee River.
Amendment of act for opening of,
1811 109
Clearing out Act of 1796, amend-
ed 1811 148
357
INDEX.
Og
LOCAL LAWS.
Ogeechee River — Continued.
Improvement of navigation act,
1833 298
Incorporation of company for im-
provement of, 1801 (Clayton's
Comp.) 29
Internal Navigation Company for,
1818 (Lamar's Comp.) 128
Keeping open, act for, 1808 36
Lottery for improving navigation
of. 1802 (Clayton's Comp.) . . 66
Opening of, amendment of act as
to, 1812 117
Road from point where it leaves
the Louisville and Savannah
road, to the toll bridge over
Ogechee, 1803 (Clayton's
Comp.) 138
Amended 1804 (Clayton's
Comp.) 197
Oglethorpe.
Act incorporating city, 1849-50. p.
92; 1851-2, p. 398; 1900 394
Charter, 1900 394
Courthouse, extra tax for building,
1819 (Lamar's Comp.) 927
Marshal's sales, 1853-4 263
Public school system established,
Vol. II., 1890-1 1012
Oglethorpe Academy.
Act incorporating, 1860 171
Change of name of, 1807 (Clay-
ton's Comp.) 387
Oglethorpe Bridge and Turnpike
Company.
Act incorporating, 1851-2 190
Oglethorpe County.
Arthur Academy, incorporation of,
1826 15
Cherokee Corner Academy incor-
porated, 1833 . . 22
Cherokee Corner Camp Ground,
trustees appointed. 1843 .... 78
City court abolished, 1899 408
Clarke county, part of added to,
1813 ' 29
County commissioners, board
created, 1872 451
Courthouse, extra tax for build-
ing, 1818 (Lamar's Comp.) p.
917; 1820 '. . . 92
Drainage, 1899 486
Election districts, 1835 86
Farm products, buying and selling
prohibited, 1872 484
Herman Seminary incorporated,
1821 56
Hire of misdemeanor convicts,
1899 486
Line between Madison and Ogle-
thorpe changed, 1841 67
Liquor sale regulated 1876, p.
342; 1889 / 1346
Restrictions on sale, 1884-5, p.
522, 539; 1875, p. 351; 1882-
1883 588, 60S
Local option act, 1884-5 533
Meson Academy, filling of va-
cancies in board of trustees,
1817 (Lamar's Comp.) IT
Mt. Pleasant Academy, incorpora-
tion of, 1830 16
Obstruction of streams, removal
of, 1899 48S
Officers, compensation for extra
sdrvicels, 1876 372
Part assigned to Madison county,
1811 114
Part of added to Madison, 1831. 79
Added to Talliaferro, 1825 58
Poor asylum established, 1837. ... 29
Prospect Academy incorporated,
1820 102
Public school system established,
1872 490
Registration law for, 1884-5 615
One each year, 1887 774
By proxy, 1887 774
Road laws, 1858 183
Voting at any precinct, 1887 775
Oglethorpe County Academy.
County funds, entitled to, 1824 . . 22
Oglethorpe Fertilizing Company.
Act incorporating, 1871-2 168
Oglethorpe Infantry.
Privileges granted to, 1873 182
Oglethorpe Infantry Loan Associa-
tion.
Act incorporating, 1851-^2 212
Oglethorpe Insurance Company of
Savannah.
Act incorporating, 1859, p. 236;
1863-4 34
Act of 1863 amended, 1865-6 . . 127
Oglethorpe Manufacturing Co.
Act incorporating, 1870 249
Oglethorpe Medical College.
Act incorporating, 1855-6 278
Oglethorpe Mutual Loan Association
in Savannah.
Act incorporating, 1853-4 37*
Oglethorpe Savings and Trust Co.
Act incorporating, 1886 49
Directors to own ten shares, 1889. 457
Oglethorpe University.
Atlanta Medical College, rights of
conferred on, 1870 382
Corporate name, 1870 382
Incorporation of, 1835 161
Special rights and powers con-
ferred on, 1870 282
Og-Pa
INDEX.
358
LOCAL LAWS.
Oglethorpe University — Continued.
Transfer to Synod of Georgia and
South Carolina, 1851-2 297
Trustees, name changed, 1868 .... 125
Number increased. 1845 58
Organization of board, 1851-2.. 297
Powers of trustees, 1868 125
Ohoopee River.
Obstructions prohibited, 1874 .... 409
Okefenokee and St. Mary's Canal
and Drainage Company,
Act incorporating, 1870 265
Okefenokee Swamp.
Survey of. 1855-6 273
Omaha.
Act incorporating town, Vol. II.,
1890-1 823
Corporate limits changed, 1892 . . 217
Oostanaula and Coosawater Rail-
road Company.
Act incorporating, 1889 372
Oostanaula River.
Obstructions to fish, 1833 295
Oostanaula Steamboat Company.
Act incorporating 1865-6, pp. 216,
217; 1877 . . .' 244
Opelika and Talladega Railroad Co.
Columbus subscription validated,
1860 89
Ore Belt Railroad Company.
Act incorporating, 1887 182
Capital stock increased, 1888.... 172
Extension, Cave Springs to Ala-
bama line, 1888 172
Extension from Cedartown to Alar
bama line. 1888 172
Lease or purchase of other roads,
1888 172
Real estate, 1888 172
Right of way, 1888 172
Stockholders, liability of, 1888 172
Oregon Steamboat Company of
Georgia,
Act incorporating, 1853-4 379
Orphans' Home of the North Geor-
gia Conference.
Homes for orphans provided, 1882-
1883 669
Indenting of children. 1873 184
Certificates of apprenticeship,
1873 184
Owl Town and Coosa Creek Mining
Company.
Act incorporating, 1859 258
Oxford.
Annual election, time of holding,
1874 . . . 197
Commissioners, ex officio J. P.'s.,
1855-6 386
Extension of corporate limits,
1851-2 435
Female Academy incorporated,
1860 74
Incorporation of, 1839 79
Liquor, sale prohibited, 1873 .... 155
Liquor licenses, 1855-6 386
Police court, 1855-6 385
Public school system for, 1895 . . 267
Sixth section, Act 1895, re-
pealed, 1897 542
Recorder's office created, 1889 1009
Roads, streets, etc., 1855-6 386
Southern boundary denned, 1889. . 1102
Street tax and fines. 1878-9 268
Taxes, 1855-6 386
Oxford Female Academy.
Incorporation of, 1840 7
Palace Mills Company of Columbus.
Change bills, 1861 25
Palmetto.
Act incorporating town, 1853-4 . . 264
Commissioners, new commission-
ers named, 1870 214
Corporate limits defined, 1884-5 . . 316
Liquor, sale prohibited, 1874 .... 217
Local option, 1875 338
Act 1875 amended, 1875 328
Mayor and council, election of,
1880-1 432
Powers conferred upon, 1880-1. 432
Mayor pro tern., 1884-5 316
Name changed to "The Mayor and
Council of the town of Pal-
metto," 1880-1 432
Ordinances, power to pass, 1887. . 516
Public school system established,
1884-5 316
Streets, working of. 1887 516
Street work by offenders, 1884-5. . 316
Tax property and vocation, 1884-5. 316
Collection of, 1887 \ . . 516
Licenses, etc., 1887 516
Palmyra.
Incorporation of, 1840 107
Paramore Hill Manufacturing Com-
pany.
Act incorporating, 1869 122
Paris.
Act of 1854, sec. 3. repealed, 1855-6 398
Swainsboro's name changed to,
1853-4 269
Parrott.
Act incorporating town, 1889 .... 834
Parvo.
Incorporation of, 1898 242
Pascoe Mining Company of Georgia.
Act incorporating, 1857 220
Pataula Banking Company.
Act incorporating, 1887 412
359
INDEX.
Pa-Pe
LOCAL LAWS.
Patterson.
Act incorporating town, 1893 .... 284
Paulding County.
Archibald Harris's residence add-
ed to Cobb, 1847 70
Carroll, part of, added to Pauld-
ing, 1849-50 132
Cedartown Academy, incorpora-
tion of, 1834 '. 8
Cedar Valley Academy, trustees
appointed, 1842 4
Cobb, part of, added to, 1851-2 . . 52
County commissioners, board
created, 1871-2, p. 230; 1882-3. 494
Abolished, 1878-9 349
Sessions of board, 1873 284
County seat, location of, 1851-2.. 52
County site made permanent, 1833 52
Courthouse, extra tax for, 1855-6 . 545
Election districts, 1832 76
Jurors, compensation of, 1859, p.
365; 1871-2, p. 238, 240; 1872. . 486
Line between Paulding and Car-
roll changed, 1865-6, p. 50;
1869 177
Act 1847 repealed, 1865-6 50
Between Cass and Paulding
changed, 1851-2, p. 68; 1853-4. 321
Between Cobb and Paulding
changed, 1849-50, p. 136; 1857. 229
Denned, 1851-2 68
Between Paulding and Haral-
son changed, 1862-3 80
Between Paulding and Polk
changed, 1851-2, p. 66; 1853-4 . 318
Defined, 1851-2 68
Local option, 1875 338
Act 1875 amended, 1876 328
Organization of, 1832 56
Part of, added to Carroll, 1847... 67
Added to Floyd, 1847 68
Added to Polk. 1851-2 52
Pleasant Grove Academy, trus-
tees increased, 1834 13
Public school system established,
1872 490
Removal of county seat, 1834 74
Sheriff, bond reduced, 1874 399
Tax receiver and collector consoli-
dated, 1837 75
Repealed, 1842 168
Treasurer and superior court
clerk consolidated, 1877 294
Van Wirt made county' seat, 1838. 75
Williams Academy incorporated,
1838 14
Additional trustees, 1839 3
Paulding County Academy.
Incorporation of, 1833 22
Pearson.
Act incorporating town, Vol. II.,
1890-1 647
Pelham.
Act incorporating town, 1880-1.. 444
Extension of corporate limits,
1887 568
Mayor and councilmen, powers en-
larged and defined, 1887 568
Pendergrass.
Act incorporating town, Vol II.,
1890-1 ' 681
Penfield.
Commissioners appointed for, 1840 105
Liquor, sale prohibited, 1876 188
Regulations for government of,
1838, p. 59; 1880-1 476
Penfield Steam Mill Company.
Act incorporating, 1853-4 386
Penrhyne Slate Mining Company.
Act incorporating, 1872 317
People's Bank (at Americus).
Act incorporating, 1875 139
People's Bank of Albany.
Act incorporating, 1870 137
People's Bank of Jefferson.
Ate incorporating, 1887 390
People's Bank of Macon.
Act incorporating, 1870 139
Act 1870 revived, 1877 136
People's Bank of Newnan.
Capital stock, increase of, 1874. . . 250
Directors, increase of, 1874 250
People's Savings Bank of New-
nan's name changed to, 1874. 250
People's Bank of Talbotton.
Act incorporating, Vol. II., 1890-1 . 42
People's Banking Company,
Act incorporating, Vol. II., 1890-1. 170
People's Banking and Trust Com-
pany of Atlanta.
Act incorporating, 1889 588
People's Insurance and Banking Co.
Planters' Loan and Savings Bank's
name changed to, 1887 377
Stockholders' liability, 1887 377
People's Mutual Loan Association.
Act incorporating, 1860 135
People's Mutual Protective Associa-
tion of Rome.
Act incorporating, 1889 731
People's Savings and Loan Company.
Title Guarantee and Loan Com-
pany of Savannah's name
changed to, 1895 110
People's Savings Bank of Augusta.
Act incorporating, 1851-2 212
People's Savings Bank and Trust
Company.
Act incorporating, Vol. II., 1890-1. 249
Pe-Pi
INDEX.
360
LOCAL LAWS.
People's Savings Bank and Trust
Company of Savannah.
Act incorporating, 1870 141
People's Savings Bank of Dalton.
Act incorporating, 1866 73
People's Savings Bank of Newnan.
Act incorporating, 1871-2 315
Name changed to People's Bank
of Newnan, 1874 250
People's Saving Bank of Rome.
Act incorporating, 1889 609
People's Steamboat Company of
Macon.
Incorporation of. 1837 253
Pepperton.
Corporate limits defined, 1900 .... 403
Incorporation of. 1897 287
Specific tax, 1900 403
Perry.
Act incorporating town. 1859.... 189
Cotton, sale of regulated, 1882-3. . 280
Extension of limits, etc., 1825 .... 174
Gilmer countv, sale confirmed,
1876 187
Houston Female College, sale of,
1897 545
Houston Lodge incorporated,
1851-2 384
Incorporation of, 1824, p. 148; 1828 159
Mayor and aldermen, election of,
1877 177
Perry chapter incorporated, 1851-2 384
Presbyterian Church incorporat-
ed, 1859 114
Public school system for, 1889 1295
School lot. sale of, Vol. II.,
1890-1 1032
Punishment of offenders. 1882-3.. 284
State school fund. 1894 264
Waterworks, bonds for, Vol. II.,
1890-1 879
Act repealed, 1897 293
Perry Baptist Female Seminary.
Name changed to Houston Female
College, 1853-4 124
Perry Loan and Savings Bank.
Act incorporating. 1889 469
Perseverance Mining Company.
Act incorporating, 1870 268
Petersburg.
Commissioners for government of,
1802 (Clayton's Comp.), p. 92
1804 (Clayton's Comp.) 182
Appointment of, 1828 166
Street obstructions, 1831 231
Petersburg Union Society.
Incorporation of, 1802 (Clayton's
Comp.) 58
Phiiomathea Academy.
Incorporation of. 1823 7
Act amended, 1827 15
Phoenix Bank of Columbus.
Bank of Chattanooga's name
changed to, 1840 24
Phoenix Iron and Coal Company.
Act 1866, sec. 6 amended, 1873 . . 191
Vulcan Iron and Coal Company's
name changed to, 1873 191
Phoenix Loan and Building Associa-
tion.
Act incorporating, 1859 264
Resumption of business, 1865-6 . . 104
Phoenix Steam Mill Company of Sa-
vannah.
Incoporation of, 1838 123
Pickens County.
Clerk and Treasurer's office con-
solidated, 1882-3 500
"Crackaloo" betting at, prohibit-
ed. 1860 160
Extra tax for paying county debt,
1858 190
Jurors, per diem of, 1855-6 490
Act of 1856 repealed, 1858 185
Line between Cherokee and Pick-
ens changed, 1869, p. 179;
1870 24
Between Pickens and Dawson
changed, 1857 231
Between Pickens and Gilmer
changed, 1862-3 208
Between Pickens and Gordon
changed, 1860 141
Between Pickens and Lumpkin
changed, 1855-6 .. 129
Marietta and North Georgia Rail-
road, aid to, 1870 337
Official bonds, amount reduced,
1872 454
Organized out of Cherokee and
Gilmer. 1853-4 306
Road laws, 1872 418
Sheriff, bond reduced, 1855-6, p.
407; 1873 254
Tax collector and receiver's office
consolidated, 1857 242
Piedmont.
Act incorporating town. Vol. II.,
1890-1 883
Piedmont Loan and Banking Com-
pany.
Act incorporating. 1889 497
Principal office, Vol. II., 1890-1 . . 104
Piedmont Savings Bank.
Act incorporating, 1887 384
Pierce County.
Ambulatorv school, ten may com-
pose. 1877 350
361
INDEX.
Pi-Pi
LOCAL LAWS.
Pierce County — Continued.
County commissioners, board
created, 1874 356
Abolished, 1876 . . 287
County court abolished, 1875.... 61
Election clerks, payment of, 1895. 426
Extra tax to build jail, 1859 371
Jurors, per diem of, 1877 98
Line between Appling and Pierce
changed, 1874, p. 369; 1875 .. 268
Between Pierce an\d Charlton
changed, 1876 309
Between Pierce and Ware
changed, 1859, p. 274; 1870, p.
24; 1874, p. 376; 1875, p. 268;
1876 309
Between Pierce and Wayne
changed, 1860, p. 144; 1874 .. 374
Liquor license, 1878-9 382
Increased, 1893 476
Organized out of Ware and Ap-
pling, 1857 40
Public school system established,
1872 490
Registration law for, 1889, p.
1189, Vol, II.; 1890-1 972
Oct 1889 repealed, 1890-1 972
Sheriff bond of reduced, 1877.. 286
Tax collector and receiver consoli-
dated, 1858, p. 155; 1874 .... 399
Pierce Female College.
Act incorporating, 1855-6 283
Pigeon Roost Gold Mining Company.
Act incorporating, 1876 247
Pike County.
Bluff Spring Camp Ground incor-
porated, 1853-4 197
County commissioners, 1870 447
Auditing clerk's claims, 1871-2. . 231
Clerk of board, 1899 495
Compensation of commissioners
and clerk, 1875 262
County court established, 1875 ... 62
Criminal court created, 1876 .... 79
Davisville, incorporated, 1841 .... 58
Deputy clerk, appointment, 1855-6. 408
Election districts, 1828, p. 80;
1829, p. 79: 1830 ' 86
Extension of corporate limits, 1873 285
Farm products, buying and selling
prohibited,' 1872 484
Female Academy, incorporation
of, 1836 10
Grand jurors, compensation. 1853-4 471
Griffin Male and Female Academy
incorporated, 1841 6
Jurors, compensation of, 1872... 454
Line between Pike and Henry
changed, 1842, p. 66; 1845 .. 74
Between Pike and Monroe
changed, 1872 455
Between Pike and Spalding
changed, 1851-2, p. 73;
1853-4, p. 312: 1855-6 124
Liquor sale, Vol. II., 1890-1 1057
Sale restricted, 1877 341
Liquor license, 1873, p. 285; 1875. . 330
How granted!, 1875 330
Local option act, 1882-3 586
Elections, 1887 857
Methodist Church at Pleasant
Grove incorporated, 1837 .... 46
Mt. Zion M. E. Camp Ground in-
corporated, 1842 47
Organization of, 1822, pp. 21-23;
1824 45
Part of added to Spalding, 1851-2 . . 58
Added to Upson, 1824 44
Poor, funds for support of, 1840. . 51
Poor schools, teachers' pay,
1851-2 341
Post Oak Level Academy, trus-
tees appointed, 1840 8
Red Oak Academy incorporated,
1837 15
Registration law for. 1894 228
Site of public buildings, 1823 ... 186
Treasurer elected by people,
1849-50 390
Union Academv incorporated,
1834 3
United Baptist Church incorporat-
ed, 1834 64
Upson, part of, added to, 1825 60
Zubulon Baptist Church, incorpo-
rated, 1834 64
Pike Criminal Court.
Justices and notary in Barnes-
ville, 1877 79
Pine Mountain Mining Company of
Georgia.
Act incorporating, 1855-6 448
Pinehurst.
Charter, 1895 270
Plains.
Incorporation of town, 1896 226
Planters' Accommodation Line
Steamboat Company.
Act incorporating, 1869 67
Planters and Laborers' Loan and
Trust Company.
Act incorporating, 1870 149
Planters and Mechanics' Bank of
Columbus.
Assignee appointed: his powers
and duties, 1853-4 187
Planters and Mechanics' Bank of
Dalton.
Act incorporating, 1853-4 188
Planters and Merchants' Bank of
Columbus.
Incorporation of, 1836 55
Pl-Po
INDEX.
362
LOCAL LAWS.
Planters and Merchants' Bank of the
State of Georgia.
Capital stock, 1872 114
Planters and Miners' Bank of the
State of Georgia.
Act incorporating, 1870 151
Planters' Bank of Americus.
Act incorporating, Vol. II., 1890-1. 387
Directors, cashier to be, 1892 .... 119
Planters' Bank of Ellaville, Ga.
Act incorporating, 1887 389
Planters' Bank of Forsyth.
Act incorporating, 1870 146
Planters' Bank of Preston, Ga.
Act incorporating, 1887 331
Planters' Bank of the State of Geor-
gia.
Amended charter, 1811 70
Authority extended to the State,
1814 56
Charter of, 1807 (Clavton's Comp.),
374; 1810 78
Act of 1807 repealed, 1810 78
Extension of charter, 1836 67
Incorporation act amended, 1828 . 33
Planters' Banking Co.
Georgia Mutual Fire and Life In-
surance Company's name
changed to, 1870 222
Planters' Banking Company of Ca-
milla.
Act incorporating, 1880-1 194
Planters' Exchange Bank of Macon.
Act incorporating, 1870 150
Planters' Insurance, Trust and Loan
Co.
Act incorporating, 1861 40
Bank notes, authority to issue,
etc., 1862-3 35
Planters' Loan and Banking Associa-
tion.
Act incorporating, 1865-6 92
Act 1866 amended, 1870 145
Sec. 6 repealed, 1870 145
Corporators changed, 1866 73
Planters' Loan and Banking Co.
Act incorporating, 1889 478
Planters' Loan and Savings Bank.
Act incorporating, 1870 152
Name changed to The People's In-
surance and Banking Co., 1887 377
Shares changed from 100 to 10,
1873 103
Planters' Loan and Trust Co.
Act incorporating, 1882-3 182
Planters' Manufacturing Co.
Act incorporating, 1874 277
Ferry to Seven Islands, 1849-50.. 254
Planters' Railroad Co.
Act incorporating, 1859 ........ 318
Pleasant Grove Academy.
Incorporation of, 1827 28
Pleasant Valley Camp Ground.
Incorporation of, 1842 46
Pocahontas Mining Co.
Act incorporating, 1855-6 449
Pogue Shoals Manufacturing Co.
Act incorporating, 1866 96
Police Holders Life and Tontine In-
surance Company of the South.
Act incorporating, 1870 227
Polk County.
Cedartown made county seat,
1853-4 224
Contracts for public work, how
let, 1880-1 '. 643
County commissioners, board
created, 1880-1 543
Penalty for disobedience, 1882-3. 498
County court abolished, 1875, p.
62; 1877 65
County seat, location of, 1851-2 . . 52
County site made permanent at
Cedartown, 1858 14*
County treasurer, election of by
people, 1855-6 404
Extra tax for county purposes,
1855-6 540
Farm products, sale regulated,
1876 312
Jurors, compensation of, 1855-6, pp.
489, 493; 1871-2 237
Jurors and bailiffs, per diem of,
1877 101
Line between Cass and Polk
changed, 1851-2, p. 74; I860.. 143
Between Floyd and Polk
changed, 1853-4 311
Between Paulding and Polk
changed, 1851-2. pp. 66, 68;
1853-4 318
Liquor, prohibitory law repealed,
1877 339
Restrictions on sale, 1874, p.
217; 1880-1 595
Licmor, sale prohibited, 1889 1363
Act 1875 amended, 1876 328
Sale regulated, 1875, p. 355;
1880-1 621
Local option, 1875 338
Ordinary, place of office, 1865-6 . . 54
Organized out of Paulding and
Floyd, 1851-2 52
Part of, added to Haralson, 1855-6. 110
Registration law for, 1889 1212
363
INDEX.
Po-Pu
LOCAL LAWS.
Polk County Mining and Iron Manu-
facturing Co.
Act incorporating, 1870 249
Polk Slate Quarry Railroad Co.
Act incorporating, 1859 322
Right of way along W. & A. R. R.,
1860 192
State credit extended to, 1870 355
Tax collector's insolvent list,
1853-4 571
Pond Town.
Georgetown Lodge incorporated,
1851-2 370
Washington Lodge incorporated,
1851-2 370
Port Royal Railroad.
Act incorporating, 1859 324
Port Royal and Western Carolina
Railway Co.
Consolidation with other roads,
1887 151
Porter Mills.
Act incorporating town, 1889 1086
Potterville Manufacturing Co.
Act incorporating 1870 253
Poulan.
Charter 1899 265
Powder Springs.
Act incorporating town, 1859, p.
196: 1882-3 391
Corporate limits defined, 1897 294
Liquor, sale prohibited, 1874, p.
218; 1875 335
Powelton.
Better regulation of, 1816 21
Act amended, 1817 (Lamar's
Comp.) 1025
Liquor, sale prohibited, 1875 344
Preachers' Aid Society of the Georgia
Conference.
Relief Society of the Georgia An-
nual Conference of the M. E.
Church South name changed
to, 1851-2 ' 355
Presbyterian Georgia Education So-
ciety.
Incorporation of, 1830 7
Preston.
Act incorporating town, 1857, p.
187; 1870 214
Amended, 1871-2 130
Liquor, commissioners' powers,
1859 198
Princeton Factory.
Powers of, 1868 78
Progress Loan, Improvement and
Manufacturing Co.
Act incorporating, 1887 373
Power to build street railroads,
Vol. II., 1890-1 72
To sell stocks and bonds, Vol.
II., 1890-1 72
Propeller Tow Boat Company of
Savannah.
Act incorporating, 1884-5 280
Capital stock, increase of, Vol. I.,
1890-1 463
Error in title of Act of 1885 cor-
rected, Vol. I., 1890-1 463
Providence Savings and Trust Co.
Atlanta Savings, Loan and Trust
Company's name changed to,
1896 99
Begin business, when, 1896 99
Monthly installments on stock,
1896 99
Provident Savings and Loan Asso-
ciation of Savannah.
Act incorporating, 1876 226
Pulaski County.
Academy established in, 1822 .... 11
Act amended, 1823 23
Additional commissioners for,
1830 21
Baptist Church at Hartford incor- ,
porated, 1831 57
Bonds for building courthouse,
1871-2 217
Bridges, protection of, 1882-3 617
County commissioners, board
of. established, 1886 p. 261;
1896 279
Abolished, 1893 366
Jurisdiction, 1889 1147
Creation of, 1808 52
Criminal court established, 1875 . . 79
Dodge, part of, added to, 1871-2,
p. 305; 1874 374
Dooly, part of, added to, 1826 64
Election districts, 1825, p. 107;
1827, p. 93; 1830 97
Extra tax for courthouse and jail,
1858 188
Farm products, buying and selling
prohibited, 1872 484
Fish, poisoning prohibited, 1853-4, 338
Game law for, 1876, p. 315; 1886. . 283
Grand jurors, panels reduced,
1878-9 358
Houston, part of, added to, 1828 . . 54
Jail, extra tax for building, 1815. . 85
Line between Dooly and Pulaski
changed, 1860, p. 144; 1865-6, 48
Between Irwin and Pulaski
changed, 1855-6 127
Between Pulaski and Dodge
changed, 1874, p. 374; 1876. . . 308
Between Pulaski and Telfair
changed, 1851-2, p. 63; 1855-6,
p. 134; 1860 144
Po-Qu
INDEX.
364
LOCAL LAWS.
Pulaski County — Continued.
Between Pulaski and Wilcox
changed, 1860, p. 140; 1865-6,
p. 51; 1877 281
Liquor license, 1875, p. 330; 1877. 339
How granted, 1875 330
Militia districts, 1889 114S
Part of, added to Greene, 1871-2. . 306
Added to Wilcox, 1857 46
Public school system established,
1872 490
Public roads, working of, Act 1883
repealed, 1884-5 548
Registration law for, 1884-5, p.
615; 1889 1209
Law repealed, 1888 299
Road laws, 1831 211
Act 1831 repealed, 1871-2 309
Roads to rivers, etc., 1853-4 550
Seed cotton, sale regulated, 1889, 1393
Site of public buildings made per-
manent in Hartford, 1811 179
Solicitor, how appointed, 1898. . . . 373
Stock law for 542d D. G. M.,
1884-5 ' 593
Tax collector e.v officio sheriff,
1877 284
Tax collector and receiver con-
solidated, 1837, p. 75; 1841, p.
72; 1875 289
Offices separated, 1853-4 567
Terms of office, 1842 175
Treasurer's office established,
1878-9 359
Abolished, county court judge
performs duties, 1875 290
Pulaski County Academy.
Commissioners for 1821 125
Pulaski Insurance Company.
Act incorporating, 1859 236
Pulaski Manufacturing Co.
Act incorporating, 1870 254
Putnam County.
County commissioners, board
created, 1878-9 334
Creation of, 1807 (Clayton's
Comp.) 657
Eatonton Camp Ground incorpo-
rated, 1843 75
Eatonton fixed as county seat,
1808 76
Election districts, 1829 78
Entry and passing over lands
prohibited, 1884-5 649
Extra tax to pay school teachers,
1860 230
Aljso for military purposeis* 1860. 230
Farm products, sale regulated,
1876 312
Franklin Academy incorporated,
1833 17
Game protection, 1876 334
Harmony Academy, incorporation
of 1823 24
Hearnsville Academy, incorpora-
tion of, 1837 3
Hudson Lodge No. 208 incorpo-
rated, 1858 120
Jefferson Academy, incorporation
of, 1830 18
Act amended, 1834 19
Jurors, compensation of, 1859.... 365
Line between Chattooga and Put-
nam changed, 1842 64
Between Putnam and Jasper
changed. 1853-4 322
Liquor, sale prohibited, 1884-5. . . . 538
Sale regulated, 1876 342
Sale outside of Eatonton pro-
hibited, 1875 351
New Salem Academy, incorpora-
tion of, 1837 3
Obstructions in Oconee river,
1884-5 500
Pace's Academy incorporated,
1834 3
Part of, added to Jones, 1810 52
Public schools for, 1897 546
Rock Spring camp ground incorpo-
rated, 1833 34
Amendment of Act of 1834, 62
Stock not run at large, 1880-1. . . . 645
Union Academy, incorporation of,
1821 28
Putnam County Banking Co.
Act incorporating, 1888 89
Putnam Rifles.
Act incorporating, 1857 279
Quitman.
Act incorporating town, 1859 .... 198
Ad valorem tax, Vol. II., 1890-1... 619
Just returns provided for, Vol.
II., 1890-1 619
Aldermen, number increased,
1880-1 427
Vacancies, how filled, 1880-1. . . : 427
Attorney for town, compensation,
etc., Vol. II., 1890-1 619
Board of education created, 1895. . 276
Clerk and treasurer's office con-
solidated, 1880-1 427
Commissioners, additional powers
conferred on, 1865-6 287
Election, superintendents, pay of,
1882-3 502
Extension of city limits, 1872, p.
243; Vol. II., 1890-1 619
Licenses for billiard table, etc.,
Vol. II., 1890-1 619
Liquor license, 1884-5 390
Marshal and clerk, 1872 243
Mayor and aldermen, additional
powers conferred on, 1880-1.. 427
365
INDEX.
Qu-Ra
LOCAL LAWS.
Putnam — Continued.
Election, oath, etc., 1872 243
Mayor pro tern., Vol. II., 1890-1... 619
Nonresidents doing business in
subject to tax, 1860 86
Ordinances, authority to pass,
Vol. II., 1890-1 619
Public schools, tax, 1889 1318
Sources of revenue, 1889 1318
Qualification of voters, 1865-6 287
Registration of voters, 1882-3 470
Specific taxes, Vol. II., 1890-1 619
Streets, sale of legalized, 1874 381
Quitman Board of Education.
Union with Quitman Academy,
1889 1318
Quitman County.
Clerks' office consoldiated, 1859. 284
Convicts may be farmed out, 1875, 263
County commissioners, board
created, 1873 28C
County court established, 1893.. 385
Abolished, 1892 224
Criminal court. Act of 1868 re-
vived, 1872 400
Extra tax to pay indebtedness,
1874 327
Fish traps in Pataula creek, 1889, 1175
Hunting on another's land pro-
hibited, 1874 400
Jurors per diem of, 1871-2, p. 240;
1872 486
Act 1871 repealed, 1874 365
Jury scrip, issue legalized, 1875.. 303
Line between Clay and Quitman
changed, 1875 270
Defined, 1869 181
Between Stewart and Quitman
changed, 1860, p. 144; 1869,
pp. 177, 183; 1870 27
Public school system established,
1888 337
Registration law for, Vol. II.,
1890-1 980
Road laws, 1859, p. 359; 1870 462
Sheriff, bond reduced, 1874 4u0
Stewart, part of, added to, 1870 . . 27
Stock law for 1196th and 1197th
D. G. M„ 1889 1255
Quitman Guards.
Act incorporating, 1859 392
Jury and road duty, etc., exemp-
tion from, 1876 386
Quitman Street Railway Co.
Act incorporating, Vol. I., 1890-1, 451
Rabun County.
Act 1847 repealed, 1860 158
Blue Ridge Rabun Gap Church,
act incorporating, 1853-4 .... 198
Checharo Baptist Church incor-
porated, 1859 116
Clayton made county seat, 1823.. 196
Clayton Academy, trustees for,
1853-4 220
Compensation of officers, judge to
fix, 1874 367
County school commissioners,
election of, 1884-5 441
County treasurer, election of by
people, 1855-6 404
Distempered cattle not driven
into, 1851-2 453
Education of the poor, 1847, p.
244; 1849-50 155
Elections, 1826 92
Election districts, 1831 124
Extra tax for county purposes,
1859 372
Game protection. 1882-3 544
Habersham, part of, added to,
1828 58
Importation of cattle prohibited,
1899 489
Jurors, compensation of, 1871-2.. 238
Liquor, sale restricted, 1874 226
Line between Habersham and
Rabun defined, 1838 80
Between Rabun and Towns
fixed, 1857 232
Moccasin Turnpike Company in-
corporated, 1855-6 197
Officers, extra compensation de-
nied, 1877 296
Organization of county of, 1819
(Lamar's Comp.) 241
Overseers to appoint warners,
1840 169
Part of, added to Towns, 1855-6.. 121
Poor school fund, 1826, p. 29;
1827 ii
Poor school system. 1858 114
Protection of fish, 1897 583
Public school teachers, pay of,
1882-3 647
Public school system established,
1877 346
Purchase of surveyor's instru-
ments, 1873 287
Reener's camp ground of M. E.
Church South incorporated,
1855-6 332
Road laws, 1827, p. 168: 1828, p.
139: 1872 418
School fund mode of disbursing,
1860 179
Sheriff, authorized to sell lot No.
10, 1857 153
Bond reduced, 1873 254
Site of public buildings fixed, 1821 32
Survey of First and Second dis-
tricts, 1851-2 452, 453
Tax collector and receiver con-
solidated, 1837, p. 75; 1841... 72
It a
INDEX.
366
LOCAL LAWS.
Rabun County — Continued.
Offices separted, 1851-2 531
Rabun County Academy.
Commissioners for, 1821 125
Rabun Gap High School.
Liquor sale, protection against,
1874 226
Rabun Mining Co.
Act incorporating, 1853-4 360
Rabun Turnpike Co.
Act incorporating, 1845 105
Raccoon.
Corporate limits defined, 1809 258
Public schools for, 1896 316
Public school fund, how expended,
1897 543
Raccoon Coal Mining Co.
Act incorporating, 1866 107
Raccoon Mills.
Act incorporating town, 1882-3.. 311
Railroad.
Ocmulgee river to Flint river,
1835 216
Ralston Branch Mining Co,
Act incorporating, 1872 317
Randolph College.
Act incorporating, 1855-6 286
Randolph County.
Antioch Academy incorporated,
1843 89
Baker, part of, added to, 1849-50, p.
130: 1851-2 64
Big Spring Academy incorporated,
1841 8
Birds and game protected, 1874.. 400
Board of courthouse commis-
sioners, 1884-5 423
Bonds for building courthouse,
1871-2 217
For smallpox, court expenses,
etc., 1865-6 46
For stockholders, election on,
1884-5 423
Change of name to Jasper county,
1812 91
Convicts, hiring out, 1876 342
County court established, 1876.. 81
Abolished, 1880-1 570
Countv seat, selection of, 1829, p.
191; 1831 79
Courthouse, extra tax for building,
1811, p. 47; 1845 191
Courthouse bonds, election, 1882-3 664
Creation of, 1807 (Clayton's
Comp.) 657
Cuthbert made county seat, 1831,
p. 79; 1834 264
Elections, clerks of, compensa-
tion, 1892 258
Election districts, 1831 125
Election superintendents, pay of,
1882-3 502
Farm products, Act of 1872 made
applicable to, 1873 290
Fish traps in Paitaula creek, 1889. 1181
Jurors, per diem of, 1871-2 239
Line between Baker and Randolph
changed, 1841, p. 67; 1851-2.. 72
Between Randolph and Calhoun
changed, 1855-6, pp. 125,
126. 127, 130; 1860. p. 144;
1862-3, p. 208; 1870, p. 23;
1876, p. 303; 1877 278
Act 1856,:, sec. 4, repealed, 1874 375
Between Randolph and Clay
changed, 1855-6 127
Between Randolph and Stewart
changed. 1876, p, 305; 1877.. 278
Between Randolph and Terrell
changed, 1874, p. 375: 1876, 306, 309
Liquor, sale prohibited, 1882-3 . . 558
Domestic wines excepted, 1882-3 558
Medicinal purposes excepted,
1882-3 558
Sale restricted, 1875 p. 353:
1877 341
Local option act, 1880-1, p. 624:
1884-5 514
I/urapkin made county seat, 1830. . 220
Monticello fixed as county seat,
1808 69
Mt. Oilead Academy incorporated,
1841 4
New Hope Baptist Church incorpo-
rated, 1849-50 74
Obstructions of streams, 1889. . . . 1181
Ordinary, compensation of, 1875.. 291
Organization of, out of Lee, 1828, 53
Part of, added to Clay, 1853-4, p.
292: 1859 272
Added to Stewart 1830 p. 49:
1831, p. 72; 1851-2 . . .' 74
Added to Terrell, 1855-6., 117
Randolph Academy, incorporation
of, 1837 3
Registration law for, 1884-5 615
Road laws, 1845, p. 1.86; 1870 456
Seed cotton, traffic in, 1876 343
Shady Grove camp ground in-
corporated, 1843 118
Spring Vale Institute incorpo-
rated, 1859 80
Stewart county, Act of 1831 adding
let to, repealed, 1833 52
Stock law for 777th D. G. M., 1889, 1265
For 934th D. G. M.. 1889 1275
For 989th D. G. M., 1889 1273
For 1334th D. G. M., 1889 1274
Tax receiver and collector con-
solidated, 1876 344
Treasurer elected by people,
1849-50 390
367
INDEX.
Ra-Ri
LOCAL LAWS.
Randolph County — Continued.
Fees of, 1888 282
Salary of, 1876, p. 373; repealed,
1889 1118
Trustees increased, 1831 5
Union Academy incorporated,
1853-4 141
Trustees appointed, 1838 14
Randolph County Academy.
Poor school fund, 1838 18
Trustees increased, 1831, p. 12;
1842 5
Raytown.
Liquor, sale of, 1889 1852
Readleville.
Act incorporating, 1859 118
Real Estate Savings Bank.
Act incorporating, 1872 114
Real Estate Savings Bank of Stone
Mountain.
Act incorporating, 1873 104
Red Line Steamboat Co.
Act incorporating, 1880-1 346
Reformed Medical College.
Southern Botanic Medical College,
name changed to, 1855-6 .... 291
Removal from Macon to Atlanta,
1880-1 651
Reformed Medical College of Georgia.
Name changed to The College of
American Medicine and Sur-
gery, 1874 219
Relief, act for, 1874 318
Reidsville.
Incorporation of, 1897 296
Relief Society of Georgia, the
Georgia Annual Conference of
the M. E. Church.
Annual conferrence, incorporation
of, 1838 134
Incorporation act amended,
1849-50 SI
Name changed to Preachers' Aid
Society of the Georgia Con-
ference, 1851-2 • 355
Republic Bank.
Georgia Metropolitan Banking
Company's name changed to,
1874 240
Republican Blues Building and Loan
Association.
Act incorporating, 1851-2 212
Republican Blues of Savannah.
Tax exemption, 1859 393
Resaca.
Act incorporating, 1853-4, p. 246;
1871-2 130
Ladies' Memorial Association, ap-
propriation to, 1872 487
Liquor, sale of prohibited, 1900.. 404
Penalty, 1900 404
Local option act, 1884-5 546
Police powers, 1900 404
Specific tax, 1900 404
Rest Academy.
Abolished, 1837 3
Reynolds.
Bonds for school purposes, 1880-1, 48D
New charter for, 1882-3 460
Reynolds Exchange Bank.
Act incorporating, Vol. II., 1890-1, 343
Rhine.
Act incorporating town, Vol. II.,
1890-1 727
Liquor, sale regulated, 1893 189
Riceborough.
Incorporation of, 1819 (Lamar's
Comp.) 1051
Richland.
Act incorporating, 1889 849
Ad valorem tax, Vol. II., 1890-1 578
Corporate limits defined, Vol. II.,
1890-1 578
Public school system established,
Vol. II.. 1890-1 1045
Waterworks for, Vol. II., 1890-1 . . 579
Richland, Gulf and Northern Rail-
road Co.
Act incorporating, Vol. L, 1890-1, 274
Richmond Academy.
Authority to convey to Roman
Catholic Society of Augusta,
1811 56
Confirmation of sale of lots, 1517
(Lamar's Comp.) 16
Lots on Walker street, authority
to sell, 1816 64
Seal authorized to be used by,
1819 (Lamar's Comp.) 28
Seminary of learning on Sand
Hills authorized, 1815 63
Richmond County.
Assessors, board of abolished,
1889 1150
Act 1885 repealed, 1889 1150
Bellville Factory incorporated,
1853-4 394
Birds and game protected, 1874,
p. 400; 1891 1171
Bond of treasurer, 1896 281
Camp hunting by nonresidents,
1855-6 411
Clerk's costs in city court, 1898.. 375
Compensation of court officers,
1874 365
Constables, fees of, 1870 445
Ri
INDEX.
368
LOCAL LAWS.
Richmond County — Continued.
County commissioners, board
created, 1870 451
Act 1870 creating board, re-
pealed, 1873 288
Compensation of 1886 264
County court abolished, 1880-1 . . . 585
County judge's salary, 1876.... 371
County police or patrol, 1880-1.. 551
Courthouse, sale of, 1884-5 645
Courthouse and jail, government
vested in city, 1820 45
Deer, protection of, 1849-50, p.
150; 1851-2 448
Deputy sheriff, powers of, 1853-4, 327
District lines, re-survey of, 1843.. 27
Elections, place of holding, 1830. . 104
Extra tax for county purposes,
1865-6 46
For fire proof offices, 1859 372
Fees of justices of the peace and
bailiffs, 1851-2 443
Of justices and constables, 1857 270
Fish and game protection, 1874,
p. 400; 1891 1171
Flour inspectors, repeal of Code
sections, 1874 402
Forest trees regulated, 1857 253
Game law for, 1886 283
Game protection, 1829, p. 292;
1874, p. 400; 1889 1171
Deer, 1849-50, p. 150; 1851-2. ... 448
Grand jury presentments, payment
for printing, Vol. II., 1890-1.. 1075
Guardians, etc., investment in
city bonds, 1858 165
Hepsibah High School incorpo-
rated, I860, p. 172; 1872 485
Hunting regulated, 1876 345
Insolvent costs, 1873, p. 225;
1880-1 533, 650
Act 1873 repealed, 1878-9 505
Solicitor-general limited, 1893, 485
Judicial sale at courthouse, Vol.
II., 1890-1 1079
Jury laws amended, 1876 345
"Liquor, sale restricted, 1876, p.
206; 1887 850
Sale near poorhouse, prohibited,
1857 255
Liquor license, 1887 845
Augusta Schuetzenplatz, 1875 . . 353
Line between Burke and Rich-
mond changed, 1841 69
Between Richmond and Colum-
bia changed, 1855-6 132
Line re-surveyed, 1841 66
Magistrates, fees of, 1870 445
Mt. Enon Academy incorporated,
1810 139
Officers, compensation for extra
services, 1876 374
Patrol, laws of, 1859 347
Poor, building for maintaining,
1820 83
Poor asylum established. 1828. ... 55
Public instruction, Act 1872
amended, 1874, 401
President's term, 1874 401
School commissioner's term,
1874 401
Secretary, election of, 1874.. 401
School fund, disposition of,
1874 401
Public roads and bridges. 1810.. 114
Public school system established,
1872 450
Reformatory institute established,
1884-5 599
Binding out inmates, 1887 832
Registration law for, 1887. 779
Richmond Hussars incorporated,
1855-6 470
School commissioners, duties of,
1853-4 153
Term of, 1874 401
School debt, payment of author-
ized, 1876 373
School trustees, election, etc.,
1888 330
Seed cotton, sale regulated, 1889. . 1395
Sheriff's costs in city court,
1898 374
Shooting near roads, 1899 491
Spirit Creek Academy incorpo-
rated, 1843 88
Summerville Female Institute, in-
corporation of, 1836 10
Tax, limit, levy, etc., 1887 683
Order to be entered, 1887 683
Publication of order, 1887 683
Tax assessors, board of created,
1884-5 449
Tax collector, appointment,
duties, etc. 1877 294
Bond, duties.' etc., 1877 294
Treasurer, duties and compensa-
tion of, 1897 400
Salary of, 1876, p. 374; 1878-9.. 356
Tuition charges in higher grades,
1877- 347
Richmond County Academy.
Name, change of, to Tubman Col-
lege, 1853-4 122
Richmond County Belt Line Rail-
road Co.
Act incorporating, 1889 668
Richmond Factory.
Branch factory in Richmond
counts' authorized, 1847 221
Incorporation of, 1834 139
Richmond Fire Company No. 7.
Act incorporating, 1859 222
369
INDEX.
Ri Ro
LOCAL LAWS.
Riddleville.
New charter for, 1878-9 270
Ridge Valley Iron Co.
Act incorporating, 1874 280
Stockholders' liability, 1875 209
Reidsville.
Incorporation of, 1838 123
Ringgold.
Act incorporating, 1847 32
Act 1847 repealed, 1899 259
New charter for, 1899 259
By-laws and ordinances, 1872.... 244
Commissioners, election of, 1857, 190
Vacancy, how filled, 1857 190
Corporate limits changed, 1857.. 190
Election of town council, 1865-6.. 288
Extension of corporate limits,
1872 244
Licenses, duration of, 1872 244
Malpractice in office. 1872 244
New charter for, 1899 259
Act of 1847 repealed, 1899 259
Ringgold Canal and Manufacturing Co.
Act incorporating, 1873 106
Rising Fawn.
Act incorporating town, 1880-1 . . 438
Liquor, sale of, sec. 4, of charter
repealed, 1887 607
Act 1887 repealed, 1888 231
Rising Fawn Iron Company of
Georgia.
Act incorporating, 1874 281
Bonds, issue of, 1876 248
Liquor, prohibition of sale, 1875. . 336
Roan Oak.
Act incorporating, 1832 196
Roberta.
Act incorporating town, Vol. II.,
1890-1 617
Liquor, sale prohibited, 1895 .... 277
Public school system established,
1900 405
Tax fL fas., etc., 1900 408
Rockdale County.
Bonds for building courthouse,
1871-2 219
Convict hire, disposition of, 1884-5 444
County court abolished, 1878-9.. 372
County site, location of, 1870 16
Extra compensation of officers,
1875 292
Liquor, sale prohibited, 1882-3 .. 599
Sale regulated, 1876 347
Sale restricted, 1878-9 389
Sale by physicians and drug-
gists, 1884-5 544
Line between Gwinnett. DeKalb
and Rockdale changed, 1875. . 272
Between Newton and Rockdale
changed, 1876 308
24— Ga. Code
Organization out of Newton and
Henry, 1870 16
Yellow river, a lawful fence, 1876, 341
Rockdale Academy,
Incorporation of, 1838 3
Rockmart.
Act incorporating town, 1872 .... 244
Ad valorem tax, Vol. II., 1890-1 842
Corporate limits fixed, 1882-3 334
Extension of corporate limits,
1897 298
Fines, etc., how enforced, 1875 . . . 182
General incorporating Act 1892
adopted, 1882-3 334
Liquor license, 1875 182
Mayor, salary of, 1882-3 334
Mayor pro tern., 1875 182
Specific taxes, 1875 182
Streets and alleys, 1882-3 334
Tax on improvements, live stock,
etc., 1882-3 334
On town property, 1875 182
Rochelle.
Act incorporating town, 1888.... 201
Incorporation of city, 1896 231
School bonds authorized, 1893... 442
Rock Island Factory of Muscogee
County.
Bond issue, 1851-2 211
Dam, 1851-2 210
Rock Spring Academy.
Incorporation of, 1827 9
Rocky Mount.
Act incorporating town, 1877, p.
178: Vol. II., 1890-1 857
Rogers Iron Company of Bartow
County.
Act incorporating, 1873 . 180
Liquor, sale restricted, 1873 .... 179
Roman Catholic Society of Augusta.
Incorporation of, 1811 56
Act amended, 1820 56
Rome.
Act incorporating, sees. 3, 4 and 5,
repealed, 1859 187
New charter, 1882-3 428
Appeal from city assessors, 1887. . 602
Appointing power, 1869 87
Baptist Church incorporated,
1837 48
Board of health, powers of, 1874. . 198
Bonds of 1871 legalized, 1872 248
For floating debt, 1873 155
For redemption of old bonds,
1875 183
Issue authorized, 1870 485
Bonded debt, adjustment of, 1895, 277
Act 1883, sec. 48, Acts 1876,
1890, sees. 3 and 5, Act 1893,
repealed, 1895 280
Ro
INDEX.
370
LOCAL LAWS.
Rome — Continued.
Retirement of, 1S95 278
Settlement of, 1876, p. 190; Vol.
II., 1890 -1 581
Borrow money, authorized to,
1893 290
Boundary line of, 1893 289
Cattle running in streets, 1874. . . . 19S
Certiorari to decision of council
1851-2 406
Citv park, jurisdiction over, 1878-9 272
Clerk of council, 1869 87
Common school fund, 1897 544
Compromise with bondholders,
1875 183
New bond issue authorized,
1875 183
Corporate limits changed, 1855-6,
p. 396; 1895 280
Defined, 1851-2, p. 406; 1874 198
Forestville extension, 1878-9 272
Councilmen, two from each ward,
1887 602
Criminal court, Act 1856 repealed,
1857 113
DeSoto, charter repealed, 1884-5, 379
Election of officers, 1855-6 393
Date of, 1872 247
Electoral qualifications, 1869.,.. 87
Extension of corporate limits,
1869, p. 87; 1884-5, p. 379;
1888, p 264; Vol. II., 1890-1,
p. 583; 1897, p. 299; 1900 409
Extension over South Rome, 1889, 879
Fines, how levied, 1869 87
Fire department, tax for, 1851-2.. 479
Itinerant traders, tax on, 1874.. 193
Jurisdiction of misdemeanors,
1869 87
Jury exemptions, 1869 186
Levee commissioner created, Vol.
II., 1890-1 585
License of bankers and commis-
sion merchants, 1874 198
Liquor, sale of, 1882-3 611
Liquor license, 1861, p. 97; 1865-6,
p. 289: 1874 198
Local option act of 1875 repealed,
1877 179
Magistrates power of officers as,
1884-5 .' 381
Marshal, under whose control,
1855-6 393
Election of, 1855-6 393
Vacancies in office, 1855-6.... 393
Mayor, veto power of, 1874 198
Mayor pro tew., election of, 1860. . 107
Mayor and aldermen, compensa-
tion of, 1«69 87
Mayor and council, election,
powers etc., 1847 50
New charter for, 1882-3 428
Officers, bonds, duties, terms,
etc., 1884-5 381
Eligibility, 1884-5 390
Oostanaula Fire Company in-
corporated, 1851-2 479
Ordinances, power to pass, 1874 . . 198
Paving assessments, 1884-5 .... 381
Lien, collection, etc., 1884-5.... 381
Public school system established,
1880-1 421
Railroad charters, tax on, 1874.. 198
Recorder's office created, Vol.
II., 1890-1 582
Election, term, duties, etc., Vol.
II., 1890-1 584
Registration of business, 1874. . . . 198
Registration of voters, 1869, p. 87;
1872 247
Road laws applicable to streets,
1874 198
Rome Lodge of I. O. O. F. in-
corporated, 1851-2 370
Salaries of officers, 1884-5, p. 381;
1887 602
School tax, 1897 544
Sidewalks, construction, etc.,
1884-5 381
Improvement of, 1884-5 381
Steamboats and toll bridges tax
on, 1874 .' 198
Stock in the Georgia and Ala-
bama R. R., 1860 97
Street duty, who liable, 1874 198
Subscription to Georgia and Ala-
bama R. R. Co., 1857 191
To Memphis Branch Railroad
1870 429
Taxes, assessment and collection,
1851-2 406
Authority to levy, 1851-2, p. 387;
1869 87
On commission merchants,
1874 198
On sales, 1874 19$
Tax assessments, 1887 604
Tax and assessment deeds, 1899. . 264
Tax executions, direction, 1855-6, 393
Tax redemptions, 1874 198
Tax returns, 1884-5 381
"Town" changed to "City," 1847, 50
Water commission for, 1895 .... 281
Wooden buildings prohibited,
1865-6 289
Rome Academy.
Incorporation of, 1838 8
Rome and Carrollton Railroad Co.
Act incorporating, 18801 243
Branch roads, 1886 137
Capital stock, increase of, 1886.. 137
Competition not lessened, 1886.. 137
Condemnation of other railroad
property, 1886 137
371
INDEX.
Ro
LOCAL LAWS.
Rome and Carrollton Railroad Co.
Crossing other roads, 1886 137
Directors increased, 1884-5 233
Extension of road, 1886 137
Income, bonds and mortgages,
1886 137
Lease of, to other roads, 1884-5 . . 233
Name changed to Chattanooga,
Rome and Columbus Railroad
Co., 1887 132
Purchase or lease of other roads,
1886 137
Sale or lease of other roads, 1886, 137
Stock subscriptions, payment,
1886 137
Rome and Chattanooga Railroad Co.
Act incorporating, 1880-1 238
Charter, forfeiture'of, 1882.-3 225
Directors, increase of, 1884-5. . 192, 234
Lease of, to other roads, 1884-5.. 234
Powers of officers, 1884-5 192
Stock in other corporations, 1884-5 234
Stockholders' meetings, 1884-5.. 192
Rome and Cherokee Mutual Insur-
ance Company of Georgia.
Act incorporating, 1872 289
Rome and Decatur Railroad Co.
Act incorporating, 1882-3 205
Branch roads, 1886 171
Consolidation with Rome R. R.
Co., 1886 171
Consolidated company, privileges
and powers, 1886 173
Directors, number of, 1886 166
Executive committee, 1886 166
Limitation of charter, 1886 171
Organization confirmed, 1886 .... 173
Rome and Northeast Railroad Co.
Act incorporating, 1886 ". . . 124
Route, proviso of Act 1886, sec.
3, stricken, 1887 185
Rome and Raleigh Railroad Co.
Act incorporating, 1871-2 198
Rome and Summervilie Railroad Co.
Act incorporating, 1870 357
Rome and Western Railroad Co.
Act incorporating, 1884-5 230
Rome Banking and Trust Co.
Act incorporating, 1889 602
Rome Branch Magnetic Telegraph Co.
Act incorporating, 1851-2 197
Rome Branch Railroad Co.
Ad valorem tax, 1851-2 295
Rome Building and Mutual Loan As-
sociation.
Act incorporating, 1853-4 377
Rome Canal and Water Co.
Act incorporating, 1880-1 308
Rome Female College.
Act incorporating, 1857 144
Rome Fire Insurance Co.
Act incorporating, 1882-3 190
Rome Foundry and Machine Co.
Act incorporating, 1855-6 473
Rome Gaslight Co.
Act incorporating, 1865-6 112
Act 1866 incorporating revived,
1872 307
Rome Hollow Ware and Stove Manu-
facturing Co.
Act incorporating, 1872 309
Rome Hook and Ladder Company.
Exemption from jury duty, 1870. 483
Rome Iron Co.
Consolidation with Etna Iron Com-
pany, 1870 257
Rome Iron Manufacturing Co.
Act incorporating, 1869 123
Bonds, issue of, 1872 307
Borrowing money, 1870 257
Capital stock, increase of, 1870.. 257
Preferred stock, 1872 307
Rome Mutual Insurance Co.
Act incorporating, 1857 210
New charter for, 1868 62
Rome Mutual Insurance Company of
Georgia.
Act incorporating, 1884-5 173
Rome Railroad Co.
Bonds, authority to issue, 1889 .... 282
Connection with other roads,
1872 365
Consolidation with other roads,
1889 282
Consolidation with Memphis
Branch Railroad Company,
1870 360
Extension to Alabama line, 1889. . 282
South Carolina line, 1889 282
Preferred stock, 1889 ' 282
Right of way, 1872 365
Rome Savings and Trust Company.
Act incorporating, Vol. II., 1890-1. 245
Rome Southern Railroad Company.
Act incorporating, 1880-1 304
Rome Steamboat Company.
Act incorporating, 1887 471
Rome Street and City Park Railroad
Company.
Act incorporating, 1878-9 233
Rome Street Railroad Company.
Act incorporating, 1870, p. 359;
1884-5 191
Borrowing money. 1884-5 235
Bridges, use of, 1889 696
Extension of lines, 1884-5; p. 235;
1887 148
Ro-Sa
INDEX.
372
LOCAL LAWS.
Rome Street Railroad Co. — Continued.
Motive power, 1887, p. 148; 1889. . 696
Real estate, powers as to, 1887.. 148
Relief from penalty under Act of
1889, Vol. I., 1890-1 247
Right of way, 1887 148
Route, etc., in Rome, 1887 148
Speed crossing bridges, etc., 1887. 148
Rome, Subligna and Northern Rail-
road Company.
Act incorporating, 1889 271
Rome Volunteers.
Act incorporating, 1855-C 469
Romney Marsh Canal and Naviga-
tion Company.
Act incorporating, 1880-1 289
Roopville.
Act incorporating town, 1884-5 . . 391
Roswe!!.
Act incorporating town, 1853-4... 265
Corporate limits changed and de-
fined, 1882-3 337
Division into wards, 1888 207
Intendant, etc., election of,
1888 207
Liquor, sale prohibited, 1875 .... 335
Public school bonds, 1896 318
Public school system established,
1892 181
State school fund, 1900 410
Rosweii Manufacturing Company.
Act extending charter, 1865-6 .... 155
Incorporation of, 1839 116
Rowanta Slate Works.
Act incorporating, 1872 318
Royston.
Bonds for school buildings, 1896 . 320
Act incorporating town, Vol. II.,
1890-1 651
Ruckersville.
Commissioners, appointment of,
1822, p. 128; 1839 84
Ruckersville Banking Company.
Cancellation of old bonds, 1853-4. . 192
Mortgages given by stockholders,
1849-50 252
Rutherford Mining Company of
Georgia.
Act incorporating, 1866 108
Rutledge.
Act incorporating town, 1871-2... 132
Amended, 1872 271 (8-14)
New charter for, 1893 291
Salem.
Baptist Church incorporated, 1820,
p. 100; 1834 59
Commissioners, appointment of,
1818 (Lamar's Comp.) 1045
Explanatory act, 1830 204
Incorporation of, 1839 212
Name changed to Trenton, 1840.. 37
Salem Academy.
Incorporation of, 1821 126
Salt Springs.
Act incorporating town, 1882-3 . . . 277
Corporate limits, 1887 497
Extension of corporate limits,
1886 230
Railroads, constructions in, 1886. 230
Salt Springs and Bowden Lithia
Railroad Company.
Act incorporating, 1886 155
Salt Spring, North and South Rail-
road Company.
Act incorporating, 1886 148
Sandersville.
Act incorporating town 1812, p.
18; 1872 ' 248
Incorporation act amended, 1817
(Lamar's Comp.) 949
New charter for, 1866 129
Board of education, 1900 411
Election of members, 1900 .... 411
Mayor and school commission-
ers, ew officio members, 1900 . . 411
Power and authority, 1900 .... 411
Term of office, 1900 411
Vacancies. 1900 411
Clerk and treasurer, salaries, 1900. 414
Election and qualifications, 1900 414
Commissioners, appointment, pow-
ers, etc., 1820, p. 64; 1869 89
Election of officers, 1884-5 347
Jurisdiction of intendant, 1869 . . 89
Jurisdictional limits, 1820 64
Public school system established,
1880-1 429
Matriculation fees increased,
1887 816
Qualifications of officers, 1884-5.. 347
Qualifications of voters, 1884-5 . . 347
Railroad bonds, authority to in-
vest in, 1876 192
Election on. 1876. .,. 7. . . . 192
Salaries of officers, 1884 5 347
School funds, investment of,
1884-5 353
Special tax, 1900 414
Tax, authority to assess, 1869 .... 89
Tax exemptions, 1874 200
Sandersville and Tennille Railroad
Company.
Act incorporating, 1875 232
Sandersville Branch Railroad Com-
pany.
Act incorporating, 1872 366
Sandersville Hotel Company.
Act incorporating, 1855-6 427
373
INDEX.
Sa
LOCAL LAWS.
Sandy Springs Church and Camp
Ground.
Act incorporating, 1889 1065
Sardis Academy.
Incorporation of, 1818 (Lamar's
Comp.) 21
Sasser.
Act incorporating town, Vol. II.,
1890-1 649
Satilla Canal Company.
Act incorporating, 1857 90
Satilla Plank Road Company.
Act incorporating, 1851-2 183
Satilla River Transportation Co.
Act incorporating, 1889 745
Satilla Steam Sawmill Company.
Incorporation of, 1838 228
Savannah.
TNote. — Savannah was incorpo-
rated prior to 1800. A fuller
index of the Acts of the Legis-
lature affecting the City of
Savannah, and in the nature of
the case, a better index than
that which follows, will be
found in the Code of Savannah,
1888, prepared by Judge A. H.
McDonald.]
Acts regulating the town of Sa-
vannah, 1760 (ar. & Cr), p.
117: 1770 (Mar. &Cr.),p. 120;
1787 (Mar. & Cr.) 121
Certain lots set apart for certain
uses 1761 (Mar. & Cr.) 117
City commons, Acts affecting,
1762 (Mar. & Cr.), p. 118;
1706 (Mar. & Cr.) 119
True plan of the town, 1770
(Mar. & Cr.) 120
Act 1854, proviso to sec. 2 re-
pealed, 1898 254
Sec. 3 amended, 1857 269
Sec. 5 repealed, 1866 195
Acts of 1893 and 1894 repealed,
1898 264
Abercorn street, straightening of,
1895 217
Aldermen, act regulating election
of, 1806 14
Andrew chapel incorporated, 1849-
1850 80
Appeal from decision of freehold-
ers, 1851-2 408
From police court abolished,
1895 318
Aqueduct, authority to build,
1878-9 306
Arrests outside of corporate lim-
its, 1895 317
Arsenal, sale to Savannah Volun-
teer Guards, 1882-3, p. 89;
1889 1399
Act amended, 1829 186
Building of authorized, 1828 . . 156
Assessments for street improve-
ments. 1887 537
Auctioneer, how appointed, 1S55 6. 548
Back River Wharf and Canal Com-
pany incorporated, 1849-50 . . 205
Banks, authority to remove into
the interior during invasion,
1861 21
Bay street extended, 1837 52
B'nai Brith Association of Sa-
vannah incorporated, 1860 . . 81
Board of education established,
1865-6 78
Name changed to the Board of
Public Education for the City
of Savannah and the County
of Chatham, 1866 175
Board of fire commissioners creat-
ed, 1895 292
Board of tax assessors and receiv-
ers created, 1895 297
Abolished 1898 253
Board of water commissioners
created, 1895 300
Bonds, election of. 1873 156
Guardians, trustees, etc., author-
ized to invest in, 1860 31
Restrictions on right to issue,
1872 260
Right to issue, 1872 258
Bridge across Savannah and Oge-
chee canal, 1880-1 641
Certain wards authorized to vote
for aldermen, 1802 (Clay-
ton's Comp.) 97
Chamber of Commerce incorporat-
ed, 1841 105
Chatham artillery incorporated,
1847 116
Christ Church, lottery for rebuild-
ing, 1808 7
Church wardens, etc., St. John's
Free Chapel incorporated,
1853-4 205
City Hall Company incorporated,
1841 106
Commissioner of public works
created, 1895 292
Appointment, duties and pow-
ers, 1895 287
Abolished, 1898 254
Condemnation for bridge pur-
poses, 1898 263
Constable, mode of election, 1849-
1850, p. 116; 1851-2 438
Act 1849 repealed, 1851-2: 438
Punishment of person assuming
to be, 1871-2 133
Sa
INDEX.
374
LOCAL LAWS.
Savannah — Continued.
Construction of prior act, 1803
(Clayton's Comp.) Ill
Conveyance of new courthouse
site, 1888 344
Corporate limits extended and de-
fined, 1853-4 267
Courthouse, appropriation of land
for, 1887 646
Courthouse and jail, control of,
1834 246
Court of common pleas and oyer
and terminer 1821, p. 24; •
1847, p. 281; 1831, p. 96; 1834,
p. 91; 1837, pp. 77, 83; 1841,
p. 76; 1842, p. 68; 1843 38
Fees of sheriff, 1847 281
Name changed to city court of
Savannah, 1853-4 281
Dockage, wharfage and storage,
1842 160
Rates, 1829 198
Distress warrants, 1872 159
Costs of proceeding, 1872 159
Distrain docket, 1872 159
Docks, authority to close up, 1874. 219
Drainage of city, 1858 129
Drains, sewers, power over, 1877 . . 180
Elections, manner of holding, 1845 69
Law regulating, 1900, p. 415;
1893 296
Election of city officers, 1808, p.
12; 1820, p. 53; 1898 265
Of mayor and aldermen, 1843. . 38
Election law for, 1894 230
Qualification of voters, 1851-2.. . 408
Registration of voters, 1851-2, p.
408; 1858 .. 126
Electric light plant authorized,
1893 306
Engine company established,
1824 147
Act amended, 1825 179
Evergreen Cemetery Company of
Bonaventure incorporated,
1847 136
Extended limits, residents of, 1898 254
Extension of city limits, 1838, p.
63; 1878-9, p. 276; 1882-3 410
Extension of jurisdiction and pow-
ers, 1829 187
Fees of magistrates and con-
stables, 1853-4, p. 325; 1874.. 220
Fines, collection of, 1802 (Clay-
ton's Comp.) 67
How collected, 1847 25
Fire commissioners' board abol-
ished, 1898 253
Fire marshal and his duties,
1882-3 :; '. 488
First Presbyterian Church incor-
porated, 1840 85
Floating Dry Dock Company in-
corporated, 1849-50 200
Fortification of, appropriation for,
1814 62
Free schools, persons entitled to,
1832 15
Georgia Hussars, Act 1832 revived,
1873 182
German Fire Company incorporat-
ed, 1853-4 372
Grant to Handley confirmed, 1889 828
To Savannah Theater Company,
1892 . : 174
Harbor lines, 1889 879
Harbor master, appointment of,
1822 116
Health officers and harbor mas-
ter, 1823 193
Fees of, 1804 (Clayton's Comp.) 214
Hibernian Society, incorporation
of, 1812 53
House carpenters, incorporation
of, 1802 (Clayton's Comp.) . . 94
Hydraulic Company incorporated,
1849-50 197
Illegal voting, penalty for, 1851-2. 408
Independent Volunteer Battalion,
organized, 1853-4 577
Institution for savings, incorpora-
tion of, 1843 Ill
Insurance Company of the State
of Georgia, incorporation of,
1812 49
Irish Jasper Greens incorporat-
ed, 1853-4 574
Irish Union Society incorporated,
1847 115
Jail, management vested in coun-
cil, 1880-1 393
Payment of expenses, 1880-1 . . , 393
Report of sheriff, 1880-1 393
Rules and regulations for,
1880-1 393
Supply of fresh provisions, 1880-
1881 393
Jail fees, authority to collect,
1835 63
City regulation of, 1872 255
Fees to be paid by county, 1872. 255
Jailer, sheriff is, 1880-1 393
Deputy jailer, oath, etc., 1880-1. 393
Election of, 1880-1 393
Fees for dieting prisoners, Act
1872 repealed, 1880-1 393
Jail guards, 1880-1 393
Not to put prisoner in irons, .
1802 (Clayton's Comp.) 67
Salary of jailer, 1880-1' 393
Salaries of deputy and guards,
1880-1 393
Jasper Lodge Number Eight in-
corporated, 1845 Ill
375
INDEX.
Sa
LOCAL LAWS.
Savannah — Continued.
Jenner Medical Society incorpor-
ated, 1859 83
Jurisdiction of mayor's court, 1820 50
Over vessels between city and
Tybee, 1842 159
Jury exemptions, 1869 186
Repealed, 1875 9?
Justice court jurisdiction, 1853-4,
p 325; 1855-6 403, 486
Act 1835 repealed, 1853-4 325
Act 1854 repealed, 1855-6, p. 486;
1863-4 91
Place of holding court, 1863-4. . 91
Ladies' German Benevolent So-
ciety incorporated, 1855-6 .... 333
Ladies' Hebrew Benevolent So-
ciety incorporated, 1853-4 .... 208
Laurel Grove Cemetery Railroad,
opening of, 1872 327
Lazaretto, 1831 245
Lazaretto at Thunderbolt to be
discontinued, 1877 180
Lighthouse cession of land to U.
S., 1855-6 104
Magistrates and constables' fees,
1853-4 325
Marine and Fire Insurance Com-
pany, incorporation of, 1815,
p. 44; 1816 91
Mariners' Church incorporation
of, 1830 71
Market, election of clerk of, 1819
(Lamar's Comp.) 1004
Masonic Hall incorporated, 1855-6. 464
Mayor, election, etc., 1855-6 387
Election by aldermen, by no ma-
jority vote, 1845 72
Vacancy, how supplied, 1845 ... 72
Warrants issued by, 1855-6 387
Mayor and aldermen, election of,
1847 25
Exempt from jury duty, 1849-50 83
Organization of board, 1855-6 . . 387
Quorum, etc., 1872 254
Vacancy, how filled, 1851-2 408
Mayor's court, 1807 (Clayton's
Comp.) 388
Civil jurisdiction taken away,
1834 91
Jurisdiction limited, 1806 42
Jurisdiction increased, 1815 ... 98
Special sessions, 1831 96
Monuments to Green and Pulaski,
1826 117
Needle Woman's Friend Society,
act incorporating, 1855-6 .... 333
Nuisa/nces, cost of removal, 1877. . 182
Officers, election, terms, etc., 1894,
p. 181; 1900 422
How elected, 1845 72
Ogechee and Altamaha Canal Co.
incorporation of, 1826 42
Enlargement of powers, etc.,
1831 200
State subscription to, stopped,
1828 72
Oglethorpe Fire Company No. 1
incorporated, 1847 118
Oglethorpe Light Infantry incor-
porated, 1858 174
Appropriation for, 1882-3 25
"Old Cemetery," title, etc., 1895,. 286
Ordinances and regulations, 1855-6 387
Power to enact, 1849-50 83
Oysters, act to encourage busi-
ness, 1873 156
Park and tree commission, 1895,
p. 309; 1896 243
Patrol abolished and regular
watch established, 1805 .... 7
Party walls, fences, etc., 1866 194
Pilots, number of, 1808 26
Police commissioners' board abol-
ished, 1898 252
Police court a court of record,
1849-50 83
Officers of the court, 1849-50 . . 83
Jurisdiction extended, 1895 318
Recorder to hold, 1871-2 67
Poll tax, 1872 254
Restricted, 1828 158
Poorhouse and hospital society in-
corporated, 1808 19
Donation to, 1819 (Lamar's
Comp.) 860
Lottery to erect, 1804 (Clayton's
Comp.), p. 180; 1815 96
Membership, annual election,
etc., 1872 : . . . 256
Name changed to Savannah
Hospital, 1872 256
Port Society incorporated, 1843 . . 77
Port wardens, appointment of,
1812 27
Powers and privileges, amend-
ment of acts as to, 1825 186
Practice of medicine, etc., 1821.. 81
Presbyterian Church incorporat-
ed, 1806 38
Act amended, 1807 (Clayton's
Comp.) 405
Public market in, 1820 79
Purchase of land by, 1900 421
Qualifications of voters, 1824, p.
150; 1828 158
Quarantine regulations, 1805 .... 5
Redistricting city, 1889 1095
Registration and election laws
(1893, 1894) repealed, 1898... 264
Registration law for, 1884-5 612
Sa
INDEX.
376
LOCAL LAWS.
Savannah — Continued.
Registration of voters, 1855-6, p.
387; 1872, p. 254; 1880-1, p.
391 ; 1900 415
Board of registration and elec-
tion managers, 1882-3 262
Books of registration, 1882-3 . . 262
List to be published, 1872 254
Power of voters, 1898 256
Qualifications of voters, 1882-3. . 262
Rents made of collection of, ap-
pointed out, 1813 53
Road from, to New Deptford,
1802 (Clayton's Comp.) 69
Roman Catholic Church incorpo-
rated, 1801 (Clayton's Comp.). 10
Salary of mayor, 1821 23
Sanitarv purposes, jurisdiction ex-
tended, 1895 319
Savannah Fire Company, no con-
trol over by city, 1877 182
Savannah Library Society incorpo-
ration of. 1801 (Clayton's
Comp.) 1815 96
Savannah, Skidaway and Sea-
board Railroad Company, con-
struction in streets, 1868 .... 113
Savannah Volunteer Guards, grant
confirmed, 1889 784
School fund. 1872 254
Seamen and mariners, act regulat-
ing, 1837 77
Second Baptist Church Incorporat-
ed, 1849-50 72
Sewers and drains, 1882-3 259
Act authorizing construction,
1884-5 294
Smallpox, patients, removal of,
1877 183
Compulsory vaccination, 1877 . . 183
Springfield plantation tax exemp-
tion, 1855-6 540
St. Andrew's Society, incorpora-
tion of, 1824 . . 141
St. John's Church incorporated,
1841 40
Steam Rice Mill Company, incor-
poration of, 1827 75
Streets, grading, paving, etc., 1887 537
Condemnation for. 1895 316
Improvement of, 1884-5 362
Paving of, 1849-50 83
Widening and straightening,
1849-50 83
Street working, Vol. II., 1890-1... 591
Commutation tax, Vol. II., 1890-
1891 591
Street railroad, power of council
as to, 1866 133
Swamp lands, power as to, 1831 . . 252
Tax of Savannah F. & W. Ry.
1880-1 397
Polls on thoroughfares, 1893 307
Tax assessors and receivers' board
abolished, 1898 253
Testimony, manner of taking,
1855-6 387
Timber and lumber, measure-
ment, inspection, etc., 1874.. 222
Town common, conveyance of,
confirmed, 1822 132
Treadmill in jail, 1835 63
Trinity Church incorporated, 1849-
1850 80
Trustees of "Permanent Fund"
for the support of reader to
Hebrew congregation, 1849-50. 74
Union Axe and Tiremen, incorpo-
rated. 1818 (Lamar's Comp.) . 842
Union Society, change of name,
1872 492
Authority to issue bonds, 1872. 492
Powers defined and extended,
1855-6 478
Unitarian Association, incorporat-
ed, 1832 32
United Ancient Order of Druids
incorporated, 1859 124
United States buildings, land for,
1887 866
Veto, power of mayor, Vol. II.,
1890-1, 590; 1898 255
Vendue masters, act regulating,
1812 17
License. 1802 (Clayton's Comp.) 67
New mode of appointment, 1811 150
Number of, 1803 (Clayton's
Comp.) 117
Voting places, number increased,
1889 1137
Washington Fire Company incor-
porated. 1849-50 185
Number of members, 1851-2 . . . 481
Water commissioners' board abol-
ished, 1898 252
Water line for certain wards,
made permanent, 1832, p. 188;
1833 326
Weslev Chapel incorporated, 1849-
1850, p. 80; 1859 120
Name changed to Wesleyan
Monumental Church, 1889 1409
Western limits changed and de-
fined, Vol. II., 1890-1 592
Wharf Head, rights conferred,
1857 191
Wharfs and wharfage, manage-
ment of 1872 ' 57
Title of city in, 1874 219
Wharves on certain streets, build-
ing confirmed, 1874 219
Young America Fire Company,
1853-4 375
377
INDEX.
Sa
LOCAL LAWS.
Savannah, Americus and Montgom-
ery Railway.
Americus, Preston and Lumpkin
Railroad Company's name
changed to, 1888 . . 170
Capital stock increased, Vol. I.,
1890-1 253
Telegraph line authorized, 1889.. 741
Savannah, Albany and Gulf Rail-
road Company.
Branch road, 1859 327
Connection with track of Central
Railroad and Banking Com-
pany of Georgia, 1861 114
Consolidation with Atlantic and
Gulf Railroad Company, 1862-3 223
Corporators, rights, etc., 1855-6 . . 181
Directors, 1853-4 454
Interest, etc., 1853-4 454
Original corporators, 1853-4... 454
Quorum 1859 327
Right of way, 1853-4 454
Election by stockholders, 1859 . . 32?
Savannah and Albany Railroad,
name changed to, 1853-4 .... 454
Taxation branch road, 1859 327
Terminus of roads, 1855-6 181
Tybee Island extension, 1861 .... 113
Savannah and Albany Railroad Co.
Charter. 1847 190
Continuance of, 1851-2 132
Construction, organization, etc.,
1851-2 187
Name changed to Savannah, Al-
bany and Gulf Railroad Com-
pany, 1853-4 454
Plank road and branches. 1849-50. 236
Time for completion, 1851-2 132
Savannah and Branchville Railroad.
Act incorporating, 1853-4 455
Savannah and Charleston Railroad
Company.
Bridge across Savannah River,
1872 368
Savannah and Florida Steamboat
Company.
Act incorporating, 1853-4 379
Savannah and Isle of Hope Railroad
Company.
Act incorporating, 1889 439
Additional streets, authority to
use. Vol. I., 1890-1 269
Savannah and Jacksonville Air Line
Railroad Company.
Act incorporating, 1886 160
Savannah and Macon Railroad Co.
Proviso as to streets stricken,
1887 189
Savannah and Oconee Railroad Co.
Act incorporating, Vol. I., 1890-1.. 374
Savannah and Ogechee Canal.
Bridge across, 1880-1 641
Connection with Ogechee and
Canooche Rivers, 1872 382
Extension to Altamaha River,
1849-50, p. 208; 1851-2 165
Savannah and Skidaway Railroad
Company.
Drayton street, not required to
build in, 1875 234
Streets, occupation or abandon-
ment of, 1875 234
Savannah and Thunderbolt Railroad
Company.
Act incorporating, 1871-2 201
Annexed to Savannah, Skidaway
and Seaboard Railroad Com-
pany, 1874 304
Savannah and Tybee Railway Com-
pany.
Act incorporating, 1884-5 217
Savannah and Western Railroad Co.
Track across First Avenue and
Seventeenth street in Colum-
bus, Vol. I., 1890-1 251
Savannah and Western Railroad
Company.
Act incorporating, 1884-5 241
Savannah Bank and Mortgage Com-
pany.
Act incorporating, Vol. II., 1890-1. 57
Savannah Bank and Trust Company.
Act incorporating, 1869 35
Capital stock, minimum, 1895 .... 109
May be increased or decreased,
1895 • 109
Reduction or variation of cap-
ital. 1:895 109
Reduction of, 1876 229
Savannah Brick Manufacturing Co.
Act incorporating, 1872 310
Savannah City Railway Company.
Act incorporating, 1865-6- 213
Savannah Cotton Exchange.
Bridge, erection authorized, 1884-5 386
Savannah Dredging Company.
Act incorporating, 1884-5 283
Capital stock, increase of, Vol
I., 1890-1 464
Savannah Female Asylum Society.
Apprentices, may receive children
as, 1851-2 357
Charter of, 1810 58
Savannah Fire and Marine Insur-
ance Company.
Act incorporating, 1880-1 201
Profits, policyholders' participa-
tion, 1889 736
Sa
INDEX.
378
LOCAL LAWS.
Savannah Fire and Marine Insur-
ance Company — Continued.
Tornadoes, lightning, etc., insur-
ance against, 1889 736
Savannah Fire Sufferers.
Remission of taxes of, 1820 47
Savannah, Florida and Western
Railway Company.
Extension of branches, 1880-1 260
Atlantic and Gulf R. R., rights
confirmed to, 1880-1 260
Purchase or lease of other roads,
1880-1 260
Savannah Foundry and Steam En-
gine Factory Association.
Incorporation of, 1837 129
Savannah Free School Society.
Incorporation of, 1818 (Lamar's
Comp.) 844
Merged in the Savannah Widows'
Society, 1875 323
Savannah Freight Tramway Com-
pany.
Act incorporating, 1880-1 312
Savannah Gaslight Company.
Act incorporating, 1849-50 194
Capital stock, increase of, 1862-3. 79
Duration of, 1869 157
Savannah, Griffin and North Ala-
bama Railroad Company.
Act incorporating, 1853-4 457
Act incorporating, amended,
1866 129
Act of 1854, Sees. 7, 8 and 9
repealed, 1859 328
Act of 1854, Sec. 6, amended,
1873 208
Incorporating act amended, 1870 372
Borrow money, power to, 1866.. 129
Capital stock, increase of, 1859.. 328
Extension of state aid to, 1870 360
Notice to president or landown-
er, 1873 208
Rights of, same as the C. R. R. &
B. Co., 1859 328
Stock, power to forfeit, 1866 129
Savannah Hibernian Society.
Vesting of escheated lands in,
1824 Ill
Savannah Hotel Company.
Act incorporating, 1853-4 395
Savannah Ice Company.
Incorporation of, 1828 157
Savannah Independenl Volunteer
Battalion.
Name changed to First Volunteer
Regiment, 1859 397
Savannah Institute of the Sisters of
Mercy.
Act incorporating 1849-50 201
Savannah Institution for Savings.
Deposits, power to receive, 1845 . . 103
Savannah Library Society.
Incorporation of, 1801-1815 (Clay-
ton's Comp.) 96
Savannah Lighterage and Transfer
Company.
Act incorporating. 1882-3 235
Capital stock, increase of, Vol. I.,
1890-1 464
Savannah Lumber Manufacturing
and Planing Machine Co.
Act incorporating, 1853-4 396
Savannah Lyceum.
Incorporation of, 1834 147
Savannah Manufacturing Company.
Act incorporating, 1869 124
Savannah Medical College.
Act incorporating, 1838 156
Act 1857 construed, 1871-2 209
Holder of diplomas, rights of,
1871-2 209
Trustees increased, 1871-2 209
Savannah Mutual Insurance Co.
Act incorporating 1847 123
Act of 1847 amended, 1849-50.. 207
Capital stock, increase of, 1853-4.. 392
Insure any property, 1853-4 392
Savannah Mutual Loan Association.
Act incorporating, 1851-2, p. 361;
1859 265
Relief of, act for, 1865-6 104
Savannah, Ogechee and Altamaha
Canal Company.
Act of 1826 (14th Sec.) amended,
1833 103
Amendment of charter, 1847 .... 141
Savannah Patent Steam Brick Com-
pany.
Act incorporating, 1851-2 209
Savannah Poorhouse and Hospital.
Incorporation of, 1835 131
.Savannah Price Street Railway Com-
pany.
Act incorporating, 1870 367
Savannah River.
Commissioners appointed, 1853-4. 467
Encroachments on, act to prevent,
1801 (Clayton's Comp.), p. 32;
1802 (Clayton's Comp.) .... 87
Commissioners increased, 1803
(Clayton's Comp.) 110
Fish, act to prevent free passage
of, 1816, p. 308; 1834 190
Fisheries, control of, Act 1850
extended, 1857 290
Free passage of fish, 1839 203
Improvement of, act providing for,
1878-9 187
379
INDEX.
Sa-Sc
LOCAL LAWS.
Savannah River — Continued.
Memorial to congress, 1878-9 . . 435
Keeping open, act for more effec-
tually, 1802 (Clayton's Comp.) 80
Navigation improvement act, 1815. 24
Navigation protected, 1847 .... 238
Obstructions of, 1828, p. 170; 1829,
p. 154: 1830, p 188; 1831, p.
220: 1832 167
Act against, 1810 33
Act to prevent, 1807 (Clayton's
Comp.) 425
Removal of, 1812, p. 123; 1853-4. 467
Obstructions to fish, 1834 190
Patroons of boats regulation of,
1806 ". 49
Reserve on Cockspur Island ceded
to U. S., 1845 97
Shad fish, propagation, 1871-2 76
Savannah River Embankment Co.
Incorporation of, 1837 142
Savannah River Navigation Com-
pany.
Incorporation of 1818 (Lamar's
Comp.) 525
Savannah Savings Bank.
Savannah Savings Bank and Mort-
gage Company changed to,
Vol. II.. 1890-1 270
Savannah Savings Bank and Mort-
gage Company.
Name changed to Savannah Sav-
ings Bank, Vol. II., 1890-1 269
Savannah, Skidaway and Seaboard
Railroad Company.
Act incorporating, 1866 130
Abandonment of certain streets,
1875 234
Consolidation with Coast Line
Railroad Company, 1876 .... 257
Relief of, act for, 1874 303
Savannah and Thunderbolt Rail-
road Company annexed to,
1874 304
Acquisition of other railroads,
1874 304
Savannah St. Andrew's Society.
Name changed to St. Andrew's So-
ciety of the City of Savannah,
1834 146
Savannah Steamship Company.
Incorporation of. 1818 (Lamar's
Comp.) 583
Savannah Storage Company.
Act incorporating, 1880-1 197
Savannah Street and Rural Resort
Railroad Company.
Act incorporating, 1882-3 222
Name changed to Savannah Street
Railroad, Vol. I.. 1890-1 406
Savannah Street Railroad.
Capital stock, increase of, Vol. I.,
1890-1 406
Savannah Street and Rural Re-
sort Railroad Co. changed to,
Vol. I., 1890-1 406
Savannah, Vernon and Rosedew
Railroad Company.
Act incorporating, 1887 204
Savannah Volunteer Guards.
Tax exemption, 1859 393
Savannah Theater.
Incorporation of 1818 (Lamar's
Comp.), p. 849; 1838 246
Savannah Transportation Company.
Act incorporating, 1880-1 318
Savannah Trust and Safe Deposit
Company.
Act incorporating, 1878-9 209
Savannah, Western and Central
Wharf Company.
Act incorporating, 1860 204
Savings Bank and Trust Company
of Savannah.
Act incorporating, 1872 114
Savings Bank of Atlanta.
Act incorporating, 1868 33
Savings Bank of Augusta.
Act incorporating, 1827, 37; 1865-6 95
Capital to be pledged, 1866 74
Name "Savings" stricken out, 1872 95
Savings Bank of Barnesville.
Act incorporating, 1870 155
Act incorporating amended, 1875. 142
Savings Bank of Forsyth.
Act incorporating, 1866 ; . . . . 74
Savings Bank of Griffin.
Act incorporating, 1855-6, 57:
1855-6, 1899 530
Directors, number of, Vol. II.,
1890-1 155
Savings Bank of Lumpkin.
Act incorporating, 1866 75
Savings Bank of Madison.
Act incorporating, 1870 397
Savings Bank of Rome.
Act incorporating, 1874 253
Savings Bank of Savannah.
Act incorporating, 1865-6 96
Scarboro.
Act incorporating town, 1859 .... 204
.Schley County.
Clerks' offices, consolidated, 1859. 285
Commissioners for 1897 401
County commissioners, board
created, 1871-2 225
Sc-Se
INDEX.
380
LOCAL LAWS.
Schley County — Continued.
Compensation of commissioners,
1875 254
Compensation of clerk, 1875.. 254
Criminal court established, 1875. . 79
Abolished, 1877 80
Extra tax for county purposes,
1859 372
Farm products, buying and selling
prohibited, 1872 484
Fish traps prohibited, 1875 301
Game protection, Vol. II., 1890-1. . 958
Law of 1891 repealed, 1893 392
Jurors, compensation of, 1875 .... 95
Jurors and bailiffs, per diem of,
1877 101
Line between Marion and Schley
changed, 1874 373
Between Schley and Macon
changed, 1862-3 82
Between Sumter and Schley
changed, 1861, p. 102; 1862-3. 209
Act 1859 repealed, 1861 102
Between Schley and Taylor
changed, 1862-3, p. 80; 1859..270, 273
Liquor license, 1875 353
Obstruction of Buck Creek prohib-
ited, 1870 452
Act 1870 repealed, 1873 288
Organized out of Marion and Sum-
ter, 1857 42
Roads, classification of, 1870 .... 455
Sheriff, bond reduced, 1859 285
Stock law for 88th D. G. M., 1887. 804
For 785th D G. M., 1889 1269
For 961st D. G. M., 1889 1261
Tax to pay county debts, 1882-3 ... 493
Schley Criminal Court.
Abolished, 1877 80
Schofield Rolling Mill Company.
Act incorporating, 1868 78
Interest on bonds, 1871-2 210
Name changed to Atlanta Rolling
Mill Co., 1877 211
Scottsboro.
Chalmers Female College incor-
porated, 1851-2 313
Screven County.
Academy fund, 1825 13
Trustees for, 1842 8
Bascom Academy incorporated,
1851-2 370
Beaverdam Camp Ground incorpo-
rated, 1842 47
County Commissioners', board
created, 1871-2, p. 231; 1876 . . 288
Election and compensation,
1872, p. 464; 1889 1149
New board for, 1880-1 545
Number, election, etc., 1884-5. . . 430
County court established, 1889 . . 1154
Act 1872 amended, 1872 463
Abolished, 1876, p. 85; 1880-1.. 584
County site, removal of, 1845.... 78
Court of ordinary, time of holding,
1889 1126
Act 1856 repealed, 1889 1126
Courthouse and academy, lottery
for rebuilding, 1830 221
Courthouse and jail, building of,
1847 74
Criminal court organized, 1872... 464
Deer protected, 1857 253, 292
Election districts established, 1825 104
Extra tax for support of soldiers'
widows, etc., 1865-6 47
Farm products, buying and selling
prohibited, 1872 484
Fence laws for certain districts,
1880-1 647
Fish, destruction prohibited,
1880-1 . . 589
Fishing, hunting, etc., 1889 1177
Jurors, how paid, 1853-4 471
Jurors' fees, 1853-4 477
Act 1873 repealed, 1874 403
Liquor, sale regulated, 1873 .... 288
Liquor licenses, 1880-1, p. 393,
1884-5 530
Line between Macon and Schley
changed, 1872 436
Little Ogechee Baptist Church
incorporated, 1843 78
Officers, compensation for extra
services, 1876 374
Paris Hill Academv incorporated,
1842 p. 3; 1851-2 370
Registration law for, 1894 235
School funds. 1859 92
Screven troops, exemption from
jurv duty, 1877 102
Sheriff, bond of, reduced, 1853-4 . . 331
Sylvania made county seat, 1847. . 74
Tax collectors' and receivers'
offices separated, 1843 173
Wade's meeting house incorporat-
ed, 1840 85
Screven County Academy.
Incorporation of, 1828 21
Screven Troops.
Act incorporating, 1855-6 431
Scull Shoals Manufacturing Com-
pany.
Incorporation of, 1834 141
Seaboard and Augusta Railroad
Company.
Act incorporating, Vol. I., 1890-1 . 339
Seaboard and Internal Improvement
Company.
Act incorporating, 1875 145
Security Bank.
Act incorporating, Vol. II., 1890-1. 328
381
INDEX.
Se-Sm
LOCAL LAWS.
Selma, Rome and Dalton Railroad
Company.
Right of way, 1872 365
Senoia.
Act incorporating town, 1866 196
Fines and imprisonment, 1872 .... 262
Licenses of traders, dray owners,
etc., 1872 262
Liquor sale prohibited, 1877 .... 184
New charter for, 1878-9 273
Previous acts amended and con-
solidated, 1878-9 273
Seville.
Act incorporating town, Vol. II.,
1890-1 630
New charter for, 1893 307
Sewanee Canal Company.
Act incorporating, 1889 750
Shady Dale.
Act incorporating town, 1889 1050
Sharon.
Act incorporating town, 1884-5 . . 329
Commissioners, powers, duties,
etc., 1888 273
Licenses for shows, billiard tables,
etc., 1888 273
Liquor tax and license. 1888 .... 273
Ordinances, penalty for violat-
ing, 1888 273
Streets, duty as to, 1888 273
Sharon Camp Ground.
Incorporation of, 1842 42
Sharpsburg.
Act incorporating town, 1871-2 . . 134
''Commissioners" changed to
"mayor and councilmen," 1893 313
Corporate limits defined, 1898 . . 266
Extension of corporate limits,
1893 , 313
Liquor, sale prohibited, 1877 185
Act 1877 repealed, 1878-9 306
Liquor license, 1880-1 478
Mayor and councilmen, election
of, 1893 ' 313
Election of, 1893 313
Qualification of voters, Vol. II.,
1890-1 889
Shellman.
Corporate limits reduced, 1889 .... 836
Mayor's duties and powers, 1895. 319
Street tax, penalty for not pay-
ing, 1895 319
Ward, name of changed to, 1884-5. 387
Shellman Banking Co.
Act incorporating, Vol. II., 1890-1. 30
Directors, number quorum, etc.,
1893 ! 150
Sherman.
Corporate limits changed, 1892 . . 211
Ship Banking Company.
Act incorporating, Vol., II., 1890-1 389
Shoal Creek Manufacturing Com-
pany.
Act incorporating, 1870 257
Shoal Creek Manufacturing Com-
pany of Hart County.
Act incorporating, 1874 284
Silk Culture.
Act to promote, 1838 222
Simmons Short Line Railroad Com-
pany.
Act incorporating, 1889 443
Singleton Banking Company.
Act incorporating, Vol. II., 1890-1. 175
Sixes Mining Company of Georgia.
Act incorporating, 1855-6 440
Skidaway Narrows Canal Company.
Act incorporating, 1878-9 239
Completion, time limitation strick-
en, 1880-1 247
Skidaway, Pine Island and Sea-
shore Railroad Company.
Act incorporating, 1870 369
Skidaway Shell Road Company.
Act incorporating, 1857 87
Branch roads authorized, 1865-6. 215
Discharge from certain liabilities,
1873 239
Shell certain road, right to, 1860. . 200
Surrender of franchises, 1873 .... 239
Smithonia and Dunlap Railroad Co.
Winterville and Pleasant Hill
Railroad Company's name
changed to, 1889 355
Powers conferred, 1889 . 355
Smithonia, Danielsville and Carnes-
ville Railroad Company.
Act incorporating, 1889 428
Smithonia, Lincolnton and Augusta
Railroad Company.
Act incorporating, 1889 421
Smithville.
Act incorporating, 1862-3 189
Corporate limits defined, 1865-6.. 289
Dispensary for, 1900 423
Liquor, sale prohibited, 1884-5, p.
534; 1889 1367
Renwick, name of, changed to,
1862-3 189
Smithville Academy.
Incorporation of, 1828 13
Smithville and Hawkinsville Rail-
road Company.
Act incorporating, Vol. I., 1890-1. . 386
Smyrna.
Act incorporating town, 1872 .... 262
Sm-So
INDEX.
382
LOCAL LAWS.
Smyrna — Continued.
Act of 1872 amended and super-
seded, 1897 300
Corporate limits defined, 1897 ... 300
Corporate powers, 1897 300
Election of officers, 1897 300
Mayor and councilmen, election
of, 1897 300
Snake Creek Academy.
Trustees for, 1851-2 370
Snapping Shoals.
Liquor, sale prohibited, 1877 .... 185
Social Circle.
Act incorporating town. 1832, pp.
98, 200; 1869 90
New charter for, 1878-9, p. 277;
1886 250
Extension of corporate limits,
1894 182
Fire protection, 1894 182
Mayor, etc., election of, 1877 186
Powers of, 1894 182
Nuisances, removal of, 1894 .... 182
Police force, 1894 182
Public property, protection of,
1894 182
Public school system for, 1889 1322
Qualified voters, 1899 268
Registration of voters, 1899 268
Illegal registration 1899 268
List of voters, 1899 268
Powers of registrars, 1899 268
Realty, sale by marshal, 1877 186
School bonds. 1893 443
Tax on realty and personalty,
1877 186
Soque and Talulah Railroad Company.
Act incorporating, Vol. L, 1890-1. 402
South Atlantic Railroad Company.
Corporators, route, etc., Vol. I.,
1890-1 348
South Atlantic Trade and Naviga-
tion Company.
Act incorporating, Vol. I., 1890-1. . 459
South Bound Railroad Company.
Act incorporating, 1889 248
South Brunswick Terminal Railroad
Company.
Act incorporating, 1888 154
South Carolina and Augusta Rail-
road Company.
Extension into Georgia, 1894 .... 133
South Carolina Railroad Company.
Corporate powers conferred on,
]870 363
Suable in Georgia, 1853-4 406
South Georgia and Florida Railroad
Company.
Act incorporating, 1857 68
Act incorporating extended and
continued, 1862-3 87
State credit loan to, 1868 145
State indorsement of bonds, 1870. 366
Thomasville bonds for subscrip-
tion to, 1866 201
South Georgia Bank of Waycross.
Act incorporating, 1889 463
Capital stock reduced, 1894 135
Commence business, when, 1889. 576
Deposits regulated, 1894 135
Directors increased. 1894 135
Interest on deposits, 1894 135
Lending money, limitation, Vol.
II, 1890-1 395
Premises of other bank, author-
ity to occupy, 1894 135
Safety deposit business, 1894 .... 135
Savings department, 1894 135
Stock transfer, Vol. II., 1890-1 395
South Rome.
Act incorporating town, 1874 . . . 161
Charter repealed, 1889 879
Commissioners, number increased,
1878-9 258
South Side Street Railroad Com-
pany.
Act incorporating, 1880-1 338
Extension of lines, 1882-3 200
South View Cemetery in Fulton
County.
Drunkenness in, 1887 866
Southeastern Mutual Accident Asso-
ciation of Athens.
Act incorporating, Vol. I., 1890-1. 490
Southeastern Railroad Company.
Act incorporating, 1889 385
Southern Accident Insurance Com-
pany of Augusta.
Act incorporating, Vol. I., 1890-1 . . 487
Southern Air Line Railroad Com-
pany.
Act incorporating, Vol. I., 1890-1. . 453
Southern and Western Female Col-
lege.
LaGrange Female Collegiate Sem-
inarv name changed to,
1851-2 311
Southern and Western Fire, Marine
and Accident Insurance Com-
pany of New Orleans.
Branches, authority to establish,
1866 80
Southern Bank of Georgia.
Act incorporating, 1855-6 92
Southern Banking and Trust Com-
pany.
Home Loan and Banking Com-
pany's name changed to, 1893. 149
383
INDEX.
So
LOCAL LAWS.
Southern Baptist College.
Incorporation of, 1836 98
Southern Baptist Convention.
Act incorporating, 1845 130
Southern Botanic Medical College.
Act incorporating, 1839 134
Endowment act, 1851-2, p. 300;
1855-6 279
Laws to practice physics, 1859 . . 85
Name changed to Reform Medi-
cal College, 1855-6 291
Removal to Macon, 1845 153
Southern Central Agricultural So-
ciety.
Act incorporating, 1853-4 401
Name changed to Georgia State
Agricultural Society, 1859, p.
220; 1860 10
Southern Copper Mining Company.
Act incorporating, 1857 224
Southern Education Society.
Act incorporating, 1849-50 154
Southern Emigration and Land Com-
pany of the State of Georgia.
Act incorporating, 1871-2 318
Southern Exchange Bank.
Act incorporating, Vol. II., 1890-1. 80
Stock paid up, Vol. II., 1890-1 .... 316
Payments of stock Vol. II.,
1890-1 316
Southern Express Company.
Reincorporation of. 1886 207
Southern Female College of La-
Grange.
Act 1854 amended, 1857 148
Southern and Western Female
College changed to, 1853-4 . . 131
Southern Fire Insurance Company
of the State of Georgia.
Act incorporating, Vol. I., 1890-1. 494
Southern Industrial Aid Society.
Act incorporating, Vol. L, 1890-1. . 499
Southern Insurance Company (of
Savannah).
Act incorporating, 1861 47
Name changed to Southern Insur-
ance and Trust Company of
Savannah, 1863-4 42
Southern Insurance and Trust Com-
pany.
Capital stock, 1866 . . ^ 79
Southern Insurance Company,
name changed to, 1863-4 42
Southern Land, Manufacturing and
Labor Society.
Act incorporating, 1874 283
Southern Land and Emigration
Company.
Act incorporating, 1873 159
Southern Life Insurance Company.
Act incorporating, 1868 66
Southern Live Stock Insurance Com-
pany.
Act incorporating, 1*886 73
Southern Loan and Banking Com-
pany.
Act incorporating, 1889 592
Southern Masonic Assurance Society.
Act incorporating, 1869 50-
Southern Masonic Female College.
Act incorporating, 1853-4 128
Southern Female College, name
changed to, 1853-4 128
$outhern Mining Company.
Act incorporating, 1865-6 175
Southern Mutual Accident Associa-
tion of Macon.
Act incorporating, Vol. I., 1890-1. 492
Southern Mutual Banking and Trust
Company.
Act incorporating, 1889 621
Southern Mutual Insurance Com-
pany.
Act incorporating, 1847 126
Assessments on notes, 1855-6 . . . 477
Corporators named, 1866 80
Escheated stock of benevolent
society, 1855-6 477
Fire and life policies, authority
to issue, 1849-50 265
Life department, authority to
transfer, 1853-4 391
Life insurance, separate depart-
ment, 1849-50 265
Investment of funds, 1849-50... 265
Office at Athens, 1866 80
Officers, privileges and powers,
1866 80
Premiums, how paid and applied,
1849-50 265
Terms of insurance, application of
funds, 1855-6 477
Votes of stockholders, 1849-50 265
Witnesses, members competent,
1855-6 477
Southern National Railroad Company.
Act incorporating, Vol. I., 1890-1 . 314
Southern Phoenix Insurance Com-
pany.
Act incorporating, 1887 447
Southern Railroad Company.
Act incorporating, 1866 134
Southern Savings Bank and Com-
mercial Association.
Act incorporating, 1865-6 97
Southern Travelers' Association.
Act incorporating, 1889 7601
So-Sp
INDEX.
384
LOCAL LAWS.
Southover Street Railroad Company.
Act incorporating, Vol. I., 1890-1 . . 407
Southwest Exchange and Banking
Company.
Act incorporating, 1889 626
Southwest Georgia Railroad Com-
pany.
Act incorporating, 1889 297
Southwestern Bank of Georgia.
Act incorporating, 1853-4 193
Southwestern Battalion of the State
of Georgia.
Act organizing, 1860 333
Southwestern Electro Telegraph Co.
Act incorporating, 1855-6 429
Southwestern Railroad Company.
Act incorporating, 1845 132
Albany branch, 1845 132
Bonds to retire bonds, 1872 331
Branch road to Dawson, 1860 197
Increase of capital stock, 1860. 197
Branches to Albany and Fort
Gaines, 1849-50 243
Bridges across Chattahooche,
1851-2 121
Capital stock, increase of, 1859, p.
329; 1860 197
Directors, number increased, 1862-
1863 87
Flint River extension, 1851-2 121
Muscogee Railroad Company, con-
solidation with, 1855-6 187
Road from Americus to Albany
made part of, 1859 329
Stockholders' meeting; when
called, 1847 184
Union depot at Macon, 1849-50 249
Spalding.
Act incorporating town, 1869 .... 92
Mayor and aldermen, election of,
1877 187
Spalding County.
Act of 1893, Sees. 2 and 3, re-
pealed, 1898 375
Chain gang, 1899 493
Hire of convicts, how applied,
1899 . , 493
City court abolished, 1897 529
Clerk of superior court and treas-
urer's office, consolidation act
of 1877 repealed, 1878-9 353
Costs in misdemeanor cases, pay-
ment of 1895 427
County commissioners, board
created, 1873, p. 289; 1876 .. 289
Abolished, 1887 680
Compensation, 1898 375
Clerk of, salary, etc., 1898 375
County treasurer, election of by
people 1855-6 404
Farm products, sale regulated,
1889 1390
Insolvent costs, 1896 282
Payment of, 1872 467
Act 1872 repealed, 1876 375
Jurors, per diem of, 1871-2, p. 240;
1872 486
Jurors and bailiffs, per diem of,
1877 101
Line between Butts and Spalding
changed, 1853-4 318
Between Pike and Spalding
changed. 1851-2 p. 73; 1853-4,
p. 312; 1855-6 . '. 124
Liquor manufacture prohibited,
1899 492
Sale of, 1889 1347, 1348, 1349
Sale prohibited, 1882-3 570
Sale restricted, 1877, p. 341:
1878-9 384
Orders on treasurer, issuing and
recording of, 1877 319
Ordinary, place of holding court,
1877 319
Office at courthouse, 1895 348
Organized out of Pike, Henry and
Fayette, 1851-2 58
Registration law for, 1884-5 622
Law of 1885 repealed, 1886 287
Ringgold Lodge incorporated,
1851-2 384
Road laws, 1870 453
Seed cotton, sale regulated. 1889, 1391
Tax collector ex officio sheriff,
1882-3 513
Teachers, ordinary to pay, 1855-6, 305
Spalding County Mutual Life As-
surance Society of Georgia.
Act incorporating, 1868 69
Spalding Manufacturing Co.
Act incorporating, 1871-2 319
Spanish Creek Canal Co.
Act incorporating, 1872 382
Act of 1872 amended, 1874 305
Sparks.
Act incorporating, 1888 269
New charter for, 1899 271
Rights under Act 1888 pre-
served, 1899 271
Sparta.
Act incorporating, 1805 16
Amendment of incorporation
act, 1816 121
New charter, 1893 316
Arrest by marshal without war-
rant, 1858 143
Board of education, Vol. II.. 1890-1 1003
Powers, duties, etc., Vol. II.,
1890-1 1003
Commissioners, appointment of,
1855-6 384
■385
INDEX.
Sp-St
LOCAL LAWS.
Sparta — Continued.
Duties and powers defined, 1822 117
Corporate limits defined, 1889 . . . 1100
Extension of corporate limits,
1887 545
Liquor, regulation and license,
1871-2 135
Sale prohibited, 1875 184
Liquor license, 1865-6 289
Marshal's arrest without warrant,
1866 197
Prisoners, where confined, 1866.. 197
New charter for, 1893 316
Presbyterian Church incorpo-
rated, 1842, p. 42; 1843 118
Public school system for, 1889... 1329
Election for, Vol. II., 1890-1 1003
Recorder's court established, 1898 266
Regulation and government of,
1805 16
Retail licenses. 1851-2 436
School fund, Vol. II., 1890-1 1003
School tax, Vol. II., 1890-1 1003
Tax on carriages, etc., 1851-2 .... 436
Sparta Academy.
Incorporation, 1818 (Lamar's
Comp.) 22
Sparta Baptist Church.
Incorporation of. 1833 44
Sparta Branch Railroad Co.
Act incorporating, 1859 328
Sparta Camp Ground.
Incorporation of, 1841 33
Sparta Hotel Co.
Act incorporating, 1851-2 ........ 477
Sparta Plank and Turnpike Road Co.
Act incorporating, 1849-50 214
Sparta Telegraph Co.
Act incorporating, 1857 83
Spring Creek Canal and Improve-
ment Co.
Act incorporating, 1882-3 197
Charter members, number in-
creased, 1882-3 224
Right of way condemnation, 1882-3 224
Time for commencing extended,
1882-3 224
Springfield.
Act incorporating town 1838, p.
129; 1849-50, p. 94; 1865-6 290
Amendment of charter, 1843 .... 82
Spring Place.
Act incorporating, 1884-5 409
Liquor, sale prohibited, 1882-3 592
Liauor license, 1863-4, p. 90; 1869,
p. 94; 1882-3 555
Road hands, Act 1839 repealed,
1860 98
Tax for roads and streets, 1860. . . 98
25— G a. Code
Spring Place Academy.
Incorporation of, 1849-50 32
Spring Place Mining Co.
Act incorporating, 1853-4 360
Capita] stock, limitation of, 1857. . 223
Meetings held in Mobile or else-
where, 1857 223
Process, how served, 1857 223
Spring Place Volunteers.
Act incorporating, 1859 394
Springvale.
Act incorporating town 1870, p.
217; Vol. II,, 1890-1 .' 889
Springville.
Incorporation of, 1838 130
Act of 1838 repealed, 1849-50. . . 95
St. Catherine's Island.
Road duty on, 1821 107
St. Charles.
Act incorporating town, 1893.... 322
St. John's Free Chapel.
Name changed to Church
Wardens, etc., 1857 144
St. Marks.
Incorporation of town, 1897 304
St. Mary.
Act of 1825, 4th sec. repealed. 1834 258
Charter of, 1802 (Clayton's Comp.) 71
Amended, 1804 (Clayton's
Comp.), p. 186; 1823, p. 193;
1832 201
Certiorari, proceedings of, 1858.. 141
Conn oilmen's absence, vacating
office, 1820 76
Election, when held, 1858 141
Election for councilmen, 1806, p.
36; 1807 (Clayton's Comp.).. 403
Fortification of. appropriation for,
1814 •. . 62
Harbor master's and health of-
ficer's fees, 1804 (Clayton's
Comp.) 214
Judicial powers of intendant, 1825 175
Jurisdiction of intendant's court,
1826 175
Independent Presbyterian Church
incorporated, 1828 48
Liquor sale, by-laws, 1858 141
Lottery commissioners authorized
to dispose of funds, 1810 27
Mayor and aldermen appointed by
governor, 1875 185
Term of appointment, 1877.... 187
Mayor's court, jurisdiction of,
1858, p. 141; 1875 185
Act amended, 1824 145
Mayor er officio justice of the
peace, 1875 185
Members of council act as justices
of peace, 1831 248
St
INDEX.
386
LOCAL LAWS.
St. Mary — Continued.
Name of town, 1858 141
Nightly guards and patrols, 1812, 84
Oath of voters, 1824 145
Overflow of river, lottery to pre-
vent, 1807 (Clayton's Comp.) 384
Oysters, act to encourage busi-
ness, 1873 156
Police court 1858 141
Pilots, act for protection of. 1857, 284
Pilotage, appointment of commis-
sioners of. 1806 36
Repeal of sec. 3, Act of 1807, 1820 76
Special courts, authority to estab-
lish, 1859 203
St. Mary's Guards incorporated,
1822 58
Street cleaning, liability, 1808 89
Subscription to railroad, 1858.... 141
Tire and Ax Company incorpo-
rated, 1819 (Lamar's Comp.), 852
Vendue masters, 1830 205
Appointment of, 1305 25
St. Mary's Academy.
Act incorporating, 1840 9
Act to revive, 1849-50 29
St. Mary's Air Line Railroad Co.
Act incorporating, 1876 25S
St. Mary's and Allapaha Canal Co.
Act incorporating, 1874 308
St. Mary's and Western Railroad Co.
Act incorporating, 1870 363
Charter, how amended, 1870 363
Connection with Atlantic and
Gulf Railroad Co., 1874 308
St. Mary's Canal Co.
Act incorporating, 1857 90
St. Mary's Independent Presby-
terian Church incorporated,
1832 39
St. Mary's Library Society.
Incorporation of, 1829 190
Trustees, appointments and
powers, 1849-50 202
St. Mary's Log Rafting Co.
Act incorporating, 1874 ........ 306
St. Mary's Railroad Company.
Act incorporating, 1855-6 176
St. Mary's, Satilla and Turtle River
Canal Company.
Act incorporating, 1887 464
St. Simon's Island.
Liquor, sale prohibited, 1877 335
Starkville.
Act {incorporating, 1851-2 4'57
Courthouse and jail, building of,
1851-2 532
Act 1851 repealed, 1853-4 268
Eureka Lodge of F. & A. Masons
incorporated, 1851-2 361
Site of public buildings, Act 1832,
repealed, 1847 45
State Bank of Gainesville.
Act incorporating, 1886 80
State Savings and Banking Com-
pany.
Act incorporating, 1889 636
Name changed to Fulton Savings
Bank, 1892 122
State Savings Association.
Act incorporating, 1888 80
Amended, 1893 143
Directors, number of, 1893 143
Name changed to State Savings
Bank, Vol. II., 1890-1 395
State Savings Bank.
Capital stock, change of, Vol. II.,
1890-1 395
Savings business, Vol. II., 1890-1. 395
State Savings Association changed
to, Vol. II., 1890-1 395
State Savings Bank of Atlanta.
Act incorporating, 1875 143
Storage charges, 1877 137
Statesboro.
Liquor, sale of, 1897 302
New charter for, 1889 797
Act 1866 repealed, 1889 797
Public school system for, 1893. . . . 44G
Statesville.
Act incorporating town, 1859 .... 200
Liquor, sale prohibited, 1877 188
Statham.
Act incorporating, 1892 189
New charter for, 1895 319
Steadman.
Act incorporating town, 1865-6 . . . 291
Steamboat Company of Georgia.
Extension of Act, 1834 134
Railroad or canal, authority to
build, 1833 252
Steam Cotton Mill Company.
Act incorporating, 1865-6 156
Steam Plow and Transportation
Company.
Act incorporating, 1870 271
Steam Road Wagon Company of
Georgia.
Act incorporating, 1872 369
Stellaville.
Act incorporating town, Vol. II.,
1890-1 753
Stephens' Industrial Society.
Act incorporating, Vol. I., 1890-1. . 505
Stephenson Gold Mining Company.
Act incorporating, 1860 130
387
INDEX.
St
LOCAL LAWS.
Sterling and Jacksonville Railroad
Company.
Act incorporating, 1877 242
Stevenson, Sand Mountain and Dal-
ton Railroad Company.
Act incorporating, 1889 393
Stewart County.
Bonds to build courthouse, 1892. . . 254
• Convicts, hiring out, 1876 347
County commissioners' board
created, 1888 280
Clerk's salary increased, 1889.. 1116
Criminal court organized, 1873 . . 274
Election districts, 1831 125
Farm products, Act 1872 made ap-
plicable to, 1873 290
Farmers' Academy incorporated,
1839 ' 6
Fees of sheriff or jailer, 1882-3 . . 491
Fees of sheriff and jailer, 1886 . . 268
Fish traps in Pataula. Creek, 1889. 1175
Florence Academy, incorporation
of. 1837, p.' 3: 1838 3
Gates across roads, 1877 328
Hunting regulated, 1876 348
Indian Dam Academy, incorpora-
tion of, 1837 3
Insolvent costs, previous act re-
pealed, 1870 446
Jailer, fees for dieting prisoners,
1877 295
Jurors, per diem of, 1853-4, p. 484;
1871-2, p. 240; 1872 486
Act 1871 repealed, 1873 290
Liquor, sale regulated, 1858 160
Sale restricted, 1859, p. 293;
1874, p. 228: 1875, p. 354; 1876 203
Liquor license, 1857, p. 254; 1873,
p. 284; 1874 399
Lumpkin made county seat, 1831. 73
Lumpkin Independent Academy
Company incorporated, 1842 . 9
Line between Chattahooche and
Stewart changed, 1876 303
Act 1866 repealed, 1874 370
Between Stewart and Kincha-
foonee changed, 1853-4 312
Between Stewart and Marion
changed, 1855-6 130
Between Stewart and Randolph
changed, 1876, p. 305; 1877 .. 278
Between Stewart and Quitman
changed, 1860, p. 144; 1869,
pp. 177, 183; 1870 27
Between Stewart and Webster
changed, 1870, p. 23; 1874 .. 376
Organized out of Randolph, 1830. . 49
Part of, added to Marion, 1847 71
Added to Quitman, 1870 27
Organized into Kinchafoonee,
1853-4 304
Pataula Male and Female Aca-
demy, trustees of, 1837 17
Petit jurors' compensation, 1853-4,
p. 484; 1872 486
Pleasant Valley Academy incor-
porated, 1839 6
Randolph, part of, added to, 1831,
p. 72; 1851-2 74
Act of 1831 adding lot to Stew-
art repealed, 1833 52
Roads, classification of, 1870 .... 455
Gates across, 1887 790
Road laws, 1859 359
Seed cotton, sale regulated, 1893.. 486
Stewart county incorporated, 1821. 3
Stock law for 725th D G. M.,
1888 318
For 798th, 965th and 966th D.
G. M., 1887 798
Tax to pay for school indebted-
ness, 1872 461
For support of indigent fam-
ilies of soldiers, 1861 123
Levied for insolvent costs, 1869. 168
Tax collector, powers and privi-
leges, 1860 151
Transfer of cases to county court,
1889 1156
Treasurer elected by people,
1849-50 390
Treasurer's office abolished, 1862-3 83
Salary of ordinary acting as,
1862-3 83
Van Wirt Academy, incorporation
of, 1837 3
Stewart County Academy.
Placed on equal footing with other
academies, 1831 6
Trustees increased, 1834 14
.Stilesboro.
Act incorporating town, 1865-6... 293
Stillmore.
Act incorporating town, 1889 . . . 1079
Corporate limits defined, 1900. . . . 426
Stockbridge.
Liquor, sale prohibited, 1875 .... 345
Stockton.
Act incorporating, 1876 151
Liquor, sale prohibited, 1880-1 . . . 602
Stone Mountain.
Act incorporating town, 1872.... 266
New charter, 1882-3, p. 363; Vol.
II., 1890-1, p. 363; 1893 324
Corporate limits defined, 1855-6 . . 371
Extension of corporate limits,
1847 31
Licenses granted by commission-
ers, 1855-6 371
Marshal, fees of, Vol. II., 1890-1. 613
Mayor and councilmen, election
of, Vol. II., 1890-1 613
St-Su
INDEX.
388
LOCAL LAWS.
Stone Mountain — Continued.
New charter for, 1882-3, p. 363;
Vol. II., 1890-1, p. 764; 1893.. 324
New Gibraltar's name changed to,
1847, p. 31; 1872 266
Public school system, 1899 458
Punishment of offenders, 1855-6.. 371
Road and street duty, 1855-6 371
Tax on billiard table 1855-6 371
Tax executions, 1855-6 371
Stone Mountain Academy.
Incorporation of, 1838 8
Stone Mountain Granite and Rail-
way Company.
Act incorporating, 1870 361
Stock, value of shares, 1880-1 ... 243
Stonewall Building and Loan As-
sociation.
Acts legalized, 1866 76
Stonewall Insurance Company.
Act incorporating, 1862-3, p. 147;
1878-9 198
Act 1862, Sees. 5, 7 and 8, re-
pealed, 1863-4 41
Call in stock notes, 1863-4 41
Notice to doubtful stockholders
to strengthen notes, 1863-4... 41
Stonewall Mining Company.
Act incorporating, 1875 209
Stony Point Mining Company.
Act incorporating, 1855-6 460
Street Railroad of Clarkesville.
Act incorporating, 1889 692
Subligna.
Act incorporating, 1870 173
Submarine and Terrestrial Tele-
graph Company.
Act incorporating, 1853-4 390
Suburban and West End Railway
Company.
Act incorporating, Vol, I., 1890-1. . 292
Sugar Valley.
Act incorporating town, 1887 631
Sugar Valley and Carbondale Iron
Company.
Act incorporating, 1875 210
Summerville.
Act incorporating town, 1839 p.
210; 1859, p. 204; 1860, p. 95;
1861, p. 95; 1874, 163
Act of 1861 amended, 1893 332
Act of 1874 repealed, 1897 313
Act of 1897, Sees. 10-15, re-
pealed, 1899 279
New charter, 1893, p. 332; 1897. 308
Claims due village, how collect-
ed, 1899 280
Code of 1873, Sees. 779-797, made
part of charter, 1880-1 488
Commissioners' authority, 1899.. 280
Election of, 1889 1097
Powers and duties, 1889 1097
Corporate limits defined, 1898 268
Limits reduced, 1882-3 270
Hacks and shows, 1899 280
Municipal court, 1899 280
Jurisdiction of, 1899 280
Salary of judge, 1'899 280
Licenses, 1899 280
License tax, 1889 1097
Nuisances, abatement of, 1889... 1097
Penalties fixed by ordinance, 1899 280
Police force, 1889 1097
Public school system established,
Vol. II., 1890-1 1030
Qualification of voters, 1896 246
Registration of voters, 1884-5, p.
349; 1896 245
Registry clerk, list of voters, etc.,
1884-5 349
Special taxes, 1899, 280; 1889.. 1097
Streets and sidewalks, 1889 1097
Tax liens, 1899 280
Tax sales, 1899 280
Summerville Academy.
Incorporation of, 1839 3
Trustees increased, 1842 12
Summerville Cemetery.
Incorporation of 1823 33
Summerville Macadamized Graded
or Plank Road Company.
Surrender of charter, 1884-5 278
Summerville Male and Female Aca-
demy.
Act incorporating, 1855-6 293
Summerville Railroad Company.
Act incorporating, 1874 310
Sumner.
Act incorporating town, 1882-3 . . 291
Sumter County.
Bottsford incorporated, 1859 196
County commissioners, board
created, 1871-2 225
Clerk of, 1878-9 344
Salary how paid, 1878-9 344
Election'of, 1876, 290
Election confirmed, 1884-5 432
Government and duties, 1876 . . 290
Term of same board, 1884-5 432
County court abolished, 1900 .... 153
Criminal court organized, 1873 . . 240
Extra tax for county purposes,
1859 373
Farm products, buying and selling
prohibited, 1872 484
Farmers' Academy incorporated,
1842 5
Fines and forfeitures, 1887 873
Grand jury, service in, 1884-5 . . 637
INDEX.
Su-Sw
LOCAL LAWS.
Sumter County — Continued.
Insolvent costs, payment of, 1873. 290
Act 1873, Sec. 1, repealed, 1874. 366
Jury, compensation of, 1857 275
Line between Lee and Sumter
changed, 1841, p. 67; 1851-2,
p. 65; 1859, p. 272; 1862-3. .. 80
Between Sumter and Macon
changed, 1855-6, p. 127; 1859,
p. 272; 1860, p. 143; 1870 26
Between Sumter and Marion
changed, 1849-50 137
Denned, 1832 51
Between Schley and Sumter
changed, 1861, p. 102; 1862-3. 209
Act 1859, repealed 1861 102
Between Sumter and Terrell
changed, / 1863-4 192
Line Creek Academy incorporat-
ed, 1843 76
Liquor, sale restricted, 1873, p.
290; 1882-3 594
Liquor license, 1875 330
How granted, 1875 330
Local option act, 1880-1 628
New courthouse for, 1882-3 656
Organization of, 1831 76
Pond Town Academy incorporat-
ed 1833 17, 44
Poor children, teachers' pay, 1853-
1854 149
Poor school fund, 1835 173, 231
Part of, added to Schley, 1857 42
Registration law for, 1884-5 619
Road laws, 1841, p. 183; 1859, p.
359; 1870 453
Road warners, 1858 182
Stock law for, 1889 1269
Treasurer, salary of, 1876 373
Act of 1876 repealed, 1889 1118
Tax for support of indigent fam-
ilies of soldiers, 1861 125
Tax collector, additional powers
conferred on, 1876 348
Tax collector and receiver consoli-
dated, 1841 72
Consolidation act repealed, 1847 291
Sumter County Academy.
Trustees, appointment of, 1835 . . 3
Sumter County Alliance Co-opera-
tive Association.
Banking powers conferred on, Vol.
II., 1890-1 139
Sumter Light Guards.
Privileges and exemptions, 1877.. 103
Sunbury.
Academy of learning established,
1803 (Clayton's Comp.), p.
145; 1805 11
Commissioners, election, etc., 1804
(Clayton's Comp.), p. 213;
1805 6
Sunbury Academy.
Grant of lands to, 1811 159
Sunbury Female Asylum.
Incorporation of, 1819 (Lamar's
Comp.) 854
Sunnyside,
incorporation of village, 1897 .... 317
Supreme Court.
Organization of, 1845 18
Suwanee.
Liquor, sale prohibited, 1876 205
Suwanee Canal Company.
Bonds, authority to issue, Vol. I.,
1890-1 472
Manufacture and sale of lumber,
Vol. L. 1890-1 472
Preferred stock, Vol. I., 1890-1.. 472
Purchase and sale of land, Vol. I.,
1890-1 472
Swainsboro.
Act incorporating town, 1853-4, p.
269; 1857, p. 192; 1899 p. 282;
1900 .' 427
New charter, 1887 524
Animals in streets, Vol. II., 1890-1. 733
Charter, 1900 427
Acts of 1857, 1887 and 1891 re-
pealed, 1900 439
City court established, 1898 236
Commissioners, exempt from jury
duty, 1872 269
Elections, 1872 269
General law made applicable to,
1876 ." 171
Liquor, sale prohibited, 1876, p.
171; 1877 189
Liquor license, 1875 338
Name changed to Paris, 1853-4.. 269
New charter for 1887, p. "524;
1899, p. 282: 'l900 427
Acts of 1897 and 1891 repealed,
1899 282
Town tax, levy of, 1872 269
Swainsboro Bank.
Act incorporating, 1888 120
Swainsboro Branch Railroad Com-
pany.
Act incorporating, 1860 198
.Sweetwater Manufacturing Com-
pany.
Act incorporating, 1851-2 206
Repealed, 1857 214
Act 1849 amended, 1866 97
Sweetwater Manufacturing Rail-
road Company.
Act incorporating, 1882-3 209
Sweetwater Railroad Company.
Act incorporating, 1855-6 175
Swift Creek.
Fish protection, 1874 407
Sy-Ta
INDEX.
390
LOCAL LAWS.
Sycamore.
Act incorporating town, Vol. II.,
1890-1 817
Sylvania.
Act incorporating town, 1853-4, p.
270; 1859, p. 204; 1866 198
Act 1856 repealed, 1875 186
Baptist Church incorporated, 1853-
1854 197
Code Sees. 774-797 extended to,
1875 186
Methodist Protestant Church in-
corporated, 1853-4 203
Sylvester.
Incorporation of, 1897 269
Public school system established,
1900 440
Tabeauville.
Act incorporating town, 1866 199
Tacoah Turnpike Company.
Incorporation of, 1842, p 106;
1843 114
Talbot County.
Bower Academy, trustees appoint-
ed, 1839 3
Centerville Academy incorporat-
ed, 1849-50 34
Trustees increased, 1833 22
Central Academy, trustees for,
1839 4
Collinsworth Institute, charter
amended, 1843 93
County commissioners board cre-
ated, 1876 ' 291
Election, terms, etc., 1877, p.
263; 1894 207
Crawford, part of, added to, 1849-
1850 131
Criminal court organized, 1873 . . 274
Dion Academy incorporated, 1838. 8
Election districts, 1831 125
Farm products, buying and selling
prohibited, 1872 . .' 484
Farmers' Academy, trustees ap-
pointed, 1839 3
Female Academy of Talbotton —
amendment, 1842 11
Fountain Spring Camp Ground in-
corporated, 1849-50 67
Franklin Academy, incorporation
of, 1837 3
Gates across public roads, 1872 . . 468
Harris, part of, added to, 1849-50. . 138
Jurors, per diem of, 1855-6 492
Liberty Hill Baptist Church incor-
porated, 1840 85
Line between Harris and Talbot
changed, 1862-3 207
Between Marion and Talbot,
1832, p. 50; 1847, p. 68; 1853-4,
p. 320; 1860 143
Between Muscogee and Talbot
changed, 1862-3 82
Between Talbot and Harris
changed, 1875 . . 275
Between Talbot and Meriweth-
er changed, 1853-4, p. 316;
1855-6 126
Between Talbot and Taylor
changed, 1853-4, p. 310; 1870,
p. 25; 1872 469
Liquor, manufacture of, prohibit-
ed, 1898 395
Sale of, 1889 1361
Liquor license, 1875 330, 353
How granted, 1875 330
Lunatic and poor asylum, 1835 . . 23
Macon, part of, added to, 1849-50. 131
Male and Female Academy at Cen-
terville incorporated, 1849-50. 26
Male School Academy incorporat-
ed, 1843 88
Manual Labor School incorpora-
tion of, 1838 152
Marion, part of, added to, 1832, p.
50; 1849-50 138
Mount Pleasant Grove Academy
incorporated, 1838 8
Muscogee, part of, added to, 1847. 64
Oak Ridge Academy incorporated, ■
1831, p. 13; 1837 3
Trustees increased, 1851-2 329
Part of, added to Taylor, 1851-2 . . 61
Poor Asylum authorized, 1834 .... 40
Poor school fund, 1855-6 315
Prattsburg Academy incorporated,
1836 10
Registration law for, Vol. II., 1890-
1891 990
Road laws, 1859 359
Southern Rifles, jury exemption,
1884-5 654
Sweet Spring Academy incorpo-
rated, 1842 3
Talbotton Male School incorporat-
ed. 1843 88
Tax collector, receiver and treas-
urer, compensation of, 1876.. 375
Teachers, ordinary to pay, 1855-6 305
Teachers of poor children, pay of,
1859 103
Talbotton made county seat, 1828. 149
Union Academy incorporated,
1833, p. 22; 1836, p. 10; 1838. 3
Valley Grove Academy, incorpora-
tion of, 1836 10
Washington Academy incorpora-
tion ot 1828 75
Talbot Banking, Loan and Invest-
ment Company.
Act incorporating, Vol. II., 1890-1. 419
Talbot Guards.
Act incorporating, 1853-4 575
391
INDEX.
Ta
LOCAL LAWS.
Talbotton.
Act incorporating town, 1860 .... 99
Baptist Church incorporated,
1837 , 48
Bonds for water works, electric
plant and college buildings,
1899 294
Election for bonds, 1899 294
Extension of corporate limits,
1840, p. 110; 1849-50 94
Female Academy, trustees in-
creased, 1849-50 36
Fire limits established, 1880-1 479
La Vert Female College trans-
ferred to, 1882-3 646
Mortgage on, 1882-3 275
Liquor licenses, 1886 244
Marshal, election of, 1878-9 321
School for colored children, 1882-3 275
Street duty, 1875 186
Subscription to Talbotton Branch
R. R. Co., 1872, p. 270; 1873.. 157
Talbotton and Western Railroad
Company.
Act incorporating, 1888 152
Crossing, adjoining, etc., other
roads, Vol. I., 1890-1 334
Disputed right of way, Vol. I.,
1890-1 334
New routes authorized Vol I.,
1890-1 .' . . . 334
Talbotton Branch Railroad Company.
Act incorporating, 1849-50, p. 251;
1872 370
Name changed to Talbotton Rail-
road Company, 1880-1 327
Talbotton Female Academy.
Name changed to> Levert College,
1855-6 280
Talbotton Loan and Investment
Company.
Act incorporating, Vol. II., 1890-1. 38
Talbotton Railroad Company.
Act incorporating, 1838, p. 181;
1851-2 149
Talbotton Branch Railroad Com-
pany's name changed to,
1880-1 327
Taliaferro County.
Act 1859, Sec. 2, repealed, 1865-6. 55
Advertisements, official, 1855-6 . . 410
County commissioners, board
created, 1877 269
Compensation of, 1880-1 542
Crawford Academy incorporated,
1851-2 329
Elections, 1859 294
Fairfield Academy incorporated,
1838 S
Farm products, buying and selling
prohibited, 1872 484
Act of 1872 made applicable to,
1873 290
Hancock, part of, added to, 1828 . . 52
Jurors, payment of, 1865-6 55
Line between Taliaferro and
Greene changed, 1876, p. 309;
1853-4, p. 317; 1877 279
Between Taliaferro and Han-
cock changed, 1849-50 134
Between Taliaferro and Warren
changed, 1841, p. 69; 1849-50,
p. 134; 1853-4, p. 321; 1855-6.. 132
Between Wilkes and Taliaferro
changed, 1853-4 311
Liquor, sale of, 1889 1352
Liquor license, 1860 160
Act 1860 repealed, 1865-6 55
Organization of, 1825 58
Public school system established,
1872 490
Raytown Academy, incorporation
of, 1837 3
Registration law for, 1889 1204
South Liberty Academy incorpo-
rated, 1838 8
Stock, fencing in, 1882-3 630
Wilkes, part of, added to, 1828 . . 52
Talking Rock.
Act incorporating town, 1882-3... 420
Talking Rock Manufacturing Com-
pany.
Act incorporating, 1874 286
Talking Rock Turnpike Company.
Incorporation of, 1842 109
Tallahassee, Bainbridge and West-
ern Railroad Company.
Act incorporating, 1886 146
Tallapoosa.
Act incorporating town, 1860 .... 103
New charter for, 1880-1, p 410;
1888, p. 234; 1896 247
Public school system for, 1888.. 331
Tallapoosa Male and Female Col-
lege.
Act incorporating, 1887 841
Tallapoosa Mining Company.
Act incorporating, 1876 250
Tallapoosa Street Railway Company.
Act incorporating, Vol. I., 1890-1. 344
Tallulah Falls.
Act incorporating town, 1884-5 . . 404
Corporate limits not extended to
Habersham, 1893 334
New charter for, 1889 1003
Tallulah Falls Railroad and Im-
provement Company.
Act incorporating, 1887 314
Ta
INDEX.
392
LOCAL LAWS.
Taionega.
Incorporation of, 1833 (see Dah-
lonega) 334
Talraver Mills.
Act incorporating, 1872 309
Tarver.
Act incorporating town, 1887 556
Tatnall County.
Board Creek, removal of obstruc-
tions, 1868 161
Concord Church incorporated,
1849-50 7S
Name changed to Anderson
meeting house, 1851-2 359
County commissioners, board
created, 1876 292
Abolished, 1877 263
County court abolished, Vol. II.,
1890-1 . . 934
Court of ordinary, time of hold-
ing, 1865-6 72
Divison lines, 1810 54
Act to ascertain, 1803 (Clay-
ton's Comp.) 175
Elections, 1826 87
Election districts, 1824, p. 63;
1827, p. 94: 1829, p. 88; 1830. . 110
Extra tax for county purposes,
1859 373
On account of soldiers, 1861 . . 127
Fishing, act regulating, 1878-9 377
Fund for educational purposes,
1878-9 403
Game and fish, protection of, 1878-
1879 377
Hunting and fishing prohibited,
1880-1 588
Jurors, compensation of, 1855-6. .488, 492
Liberty, part of. added to, 1811 . . 173
Line between Montgomery and
Tatnall, 1811, p. 55; 1841, p.
67; 1859, p. 271; 1875 274
Between Tatnall and Liberty
changed, 1837, p. 68; 1853-4,
p. 321; 1855-6 129
Liquor, sale regulated, 1893 .... 476
Liquor license. 1876, p. 213; 1878-9 381
Obstructing Thomas Creek, pro-
hibited, 1870 450
Obstruction to Roekv Creek and
Cobb's Creek, 1877 320
Ordinary's office, where kept,
1869 174
Part of, added to Liberty, 1837.. 68
Added to Montgomery, 1812, p.
119; 1814 19
Pendleton Creek, obstruction pro-
hibited, 1860 162
Permanent site for public build-
ings 1804 (Clayton's Comp.) 210
Pleasant Grove Camp Ground in-
corporated, 1833 44
Poor school fund 1826, p. 6;
1832, p. 11; 1833' 230
Act amended, 1827 10
Poor schools, act regulating, 1835. 175
Registration law for. 1893 403
Reidsville incorporated, 1838 123
Reidsville made count}' seat, 1832. 48*
Road laws, 1816, p. 123; 1821 36
Sheriff, bond reduced, 1855-6 ... 406
Site for public buildings, 1828 164
Tax receiver and collector con-
solidated 1837 75
Consolidation act repealed, 1845 196
Tatum Iron and Coal Mining and
Manufacturing Company.
Act incorporating, 1870 259
Taylor County.
County commissioners, board
created, 1878-9, p. 361; 1897.. 401
Abolished, 1886 260
Constitution of board, 1880-1 547
Act 1879 enlarged, 1880-1 547
County court abolished, 1897 530
Crawford, part of added to, 1853-4. 318
Criminal court established, 1875.. 79-
Extra tax to build jail, 1860 231
Farm products, buying and selling
prohibited, 1872 484
Sale regulated, 1876 331
Game and bird protection, 1875 . . 295
Gates across public roads, 1872.. 469
Insolvent costs, Act 1876 repealed,
1878-9 404
Jurors, per diem of, 1871-2, p. 240;
1872 486
Line between Macon and Taylor
changed, 1853-4, pp. 314 322;
1855-6, p. 131; 1860, p. 140;
1862-3, p. 60; 1869 172
Between Marion and Taylor
changed, 1855-6, pp. 125, 128,
134; 1857 p. 232; 1859, p. 272;
1876 . . ! 307
Between Talbot and Taylor
changed, 1853-4, p. 310; 1870,
p. 25; 1872 469
Between Taylor and Schley
changed, 1859, pp. 270, 273;
1862-3 80
Line of, extended down Cedar
Creek, 1855-6 126
Western side line laid out, 1857 233
Liquor manufacture or sale, Vol.
II.,' 1890-1 1058
Sale restricted, 1876 205
Local option act, 1882-3 578
Organized out of Talbot, Macon
and Marion, 1851-2 61
Public school system established,
1872 490
393
INDEX.
Ta-Te
LOCAL LAWS.
Taylor County — Continued.
Act 1872 amended, 1874 403
Registration of voters, 1892 .... 243
Stock law for 743d D. G. M., 1887,
p. 808: 1888 317
For 768th D. G. M., 1887 810
Tax collector ex officio sheriff, 1877 284
Treasurer, election of by people,
1855-6 404
Tazwell.
Act incorporating town, 1853-4... 272
TazweH Cotton Manufacturing Com-
pany.
Act incorporating, 1869 125
Telfair County.
Appling, part of added to, 1819
(Lamar's Comp.), p. 234; 1825 61
Bonds for courthouse', 1872 470
Act repealed, 1876 268
Constable, service of process by,
1855-6 405
County commissioners, board
created, 1878-9 340
Board elected, 1889 1127
County seat, 1810 31
Changed, 1870 29
Removal, election on, 1855-6 . . 481
County treasurer, election of by
people, 1855-6 404
Courthouse, extra tax for build-
ing. 1816, p. 119; 1818 (La-
mar's Comp.) 921
Creation of. 1807 (Clayton's
Comp.) 657
Election of school trustees, 1857 . 250
Elections regulated, 1823 70
Election districts, established,
1825, p. 97; 1829 92
Fish, protection of, 1878-9 375
Free school fund, 1825 13
Game law for, 1887 722
Hunting and fishing, 1889 1180
Act 1889 repealed Vol. IT., 1890-
1891 '. 956
Jackson Academy incorporated,
1841 6
Jurors, per diem of, 1871-2, p,
240; 1872, p. 486; 1876 370
Line between Appling and Telfair
changed, 1847, p. 69; 1849-50,
p. 127; 1851-2 63
Between Coffee and Telfair
changed, 1855-6 125, 130
Between Dodge and Telfair
changed, 1872, p. 408; 1875 .. 275
Between Montgomery and Tel-
fair changed, 1877 277
Between Pulaski and Telfair,
1851-2 p. 63; 1855-6, p. 134;
1860 141
Between Telfair and Ware
changed, 1845, p. 75: 1849-50,
p. 136; 1851-2 71
Liquor, sale regulated, 1888, p.
312: 1889 .' . . . 1368
Sale restricted, 1876 184
Liquor license, 1876 p. 348; 1880-
1881, p. 616: 1882-3 589
Net or seine fishing, 1889 1180
Part of. added to Coffee, 1853-4.. 294
Added to Dodge, 1870 18
Added to Montgomery. 1812 p.
119; 1820, p. 75; 1833 55
Poor school fund, 1831, p. 10;
1834, p. 168; 1835 177
Poor schools, pay of teachers,
1842 137
Public school system established,
1872 490
Registrar, duty and compensation,
1887 742
Registration law for, 1884-5 629
Law amended, 1887 746
Roads to rivers, etc., 1853-4 550
Road laws, 1831 211
School district. 1855-6 313
Treasurers for each district,
1855-6 313
Site of public buildings, 1812, p.
95; 1813, p. 76; 1814 53
Tax receiver and collector consol-
idated, 1837 75
Offices separated, 1843 173
Timber, illegal cutting and haul-
ing off, 1857 250
Trustees for school districts, 1857 153
Yann's residence included in,
1849-50 , 128
Telfair County Academy.
Incorporation of, 1823 * 18
Temple.
Act incorporating town, 1882-3 . . . 301
Tax assessors for, 1894 185
Tennille,
Act incorporating town, 1875 .... 187
New charter, 1887 618
Bonds for public improvement,
Vol. II., 1890-1 597
Bonded debt, election for Vol. II.,
1890-1 ' 598
"City," "Town" changed to, 1900. 448
Mayor and aldermen, election of,
1898 275
Name changed to "The City of
Tennille," 1900 448
New charter for, 1887 618
Police force, Vol. II., 1890-1 597
Powers of corporation Vol. II.,
1890-1 '. 597
Qualification of officers, Vol. II.,
1890-1 597
Te-Th
INDEX.
394
LOCAL LAWS.
Ten n i 1 1 e — Continued.
Vagrancy defined and punished,
Vol. II., 1890-1 597
Tennille and Wrightsville Railroad
Company.
Act incorporating, 1880-1 268
Terrell County.
County commissioners, board
created, 1873 254
Authority to sell property, 1893. 366
Compensation of, 1872 431s
County court fees of officers, Vol.
II., 1890-1 934
Court abolished, 1898 339
County treasurer, election of, by
people, 1855-6 404
Court of ordinary, time of holding,
1876 93
Courthouse bonds, election on,
1889 1131
Criminal court established, 1873.. 292
Dispensary for, 1897 ' 562
Extra tax for smallpox, 1865-6 47
Farm products, buying and sell-
ing prohibited, 1872 484
Sale regulated, 1876 312
Insolvent costs, payment of, 1873. 293
Jurors, compensation of, 1859, p.
365; 1871-2, p. 240; 1872, p.
486; 1875 292
Justice court tennis, 1857 270
Line between Lee and Terrell
changed. 1855-6, p. 128; 1865-6 49
Between Randolph and Terrell
changed, 1876, pp. 306 309;
1874 .' 375
Between Sumter and Terrell
changed. 1863-4 92
Between Terrell and Webster
changed. 1860, p. 146; 1870, p.
23, 26; 1872 470
Liquor, restrictions on sale, 1874. 211
Liquor license, 1875 330
How granted, 1875 330
Local option act, 1882-3 554
Organized out of Lee and Ran-
dolph,. 1855-6 117
Act of 1856 explained, 1857 48
Public square in Dawson, sale
confirmed, 1893 366
Registration law for, 1887 737
Road laws', 1859, p. 359; 1870 444
Stock law for 941st D. G. M., 1889. 1278
Tax collector and receiver consol-
idated, 1875 292
The Fulton Loan and Banking Com-
pany.
"The" stricken from name, Vol.
II., 1890-1 73
The Rock.
Act incroporating town, 1877 189
Thomas County.
Academy incorporated, 1858 .... 116
Appropriation for transporting con-
victs, 1875 304
Baker, part of, added to, 1851-2.. 64
Bridges, public works, peddlers,
etc., 1855-6 413
County commissioners, board
created, 1873 231
Abolished, 1898 378
Elected by grand jury, 1889 . . 1109
Governor to appoint, 1877 264
New board established, 1898.. 378
Oath, term, etc., 1877 264
Residence of, 1887 681
County commissioners and secre-
tary, compensation, 1895 .... 348
County treasurer, election of by
people, 1855-6 404
Courthouse, extra tax for build-
ing, 1847 285
Extra tax for county purposes,
1869 176
For support of soldiers' fam-
ilies, 1865-6 45
Fines of defaulters how applied,
1857 254
Firing woods forbidden, 1853-4.. 342
Fish, poisoning prohibited, 1853-4. 343
Fishing and seining, 1889 1172
Free negroes, act regulating, 1860. 163
Free schools established, 1873.. 293
Game protection, 1876, p. 334;
1878-9, p. 378; 1880-1 588
Grain and seed cotton, traffic in,
1878-9 399
Jail, building of, 1888 279
Jurors, one panel for each term of
court, 1874 394
Jury, compensation of, 1857, p.
275; 1871-2, p. 240; 1872 486
Justices' courthouses, 1882-3 497
Line between Baker and Thomas
changed, 1849-50, p. 132; 1851-
1852 68
Between Thomas and Colquitt
changed, 1870 23
Between Thomas and Mitchell
changed, 1859 274
Between Thomas and Worth
changed, 1853-4 314
Liquor license, 1875 330
How granted, 1875 330
Lowndes, part of, added to, 1826,
p. 66; 1851-2 64
No fence law for certain portions,
1889 1270
Obstructions to Ocklocknee river,
prohibited, 1866 160
Organization of, 1825 54, 55
Part of, added to Colquitt 1855-6,
p. 108; 1859 .' 273
395
INDEX.
Th
LOCAL LAWS.
Thomas County — Continued.
Part of Decatur, added to, 1825 . . 54
Fletcher Institute incorporated,
1853-4 142
"Prospect" M E. Church incor-
porated, 1858 124
Public school system established,
1872 490
Registration of voters, 1874, p.
305; 1876 349
Law of 1887 765
Law of '1887 amended, 1893 40f>
Sheep herding and driving, 1882-3. 632
South Georgia and Florida Rail-
road, aid to, 1859 295
Tax collector and receiver con-
solidated, 1839 , 43
Thomasville Guards exempt from
jury duty, 1877 104
Thomasville made permanent
county site 1826 178
Thomason Banking Company of
Madison.
Act incorporating, Vol. II., 1890-1. 264
Thomaston.
Act incorporating town, 1857, p.
193: 1869 94
Act of 1869 repealed, 1897 317
New charter, 1897 318
Bonds for educational purposes,
1880-1 483
For electric lights, 1900 449
Issue of, 1872 271
Churches, laying off lots for, 1825. 50
Commissioners, authority to sue
and be sued, 1870 219
Duties and powers, 1845 108
Corporate limits denned, 1872 . . 271
Eating house protected from ne»-
groes, 1857 199
Fines and punishments, 1870 .... * 219
Fire limits, 1884-5 402
"Mayor and aldermen, additional
powers, 1882-3 349
Election of, 1882-3 349
Mayor pro tern., 1882-3 349
New charter for, 1897 318
Officers, election, salaries, etc.,
1884-5 402
Ordinances, power to' pass, 1870. . 219
Enforcement by execution, 1870 219
Police courts, 1872 271
School bonds authorized, 1897 335
Streets, street tax, etc., 1872 .... 271
Work on, 1872 271
Tax assessors, 1884-5 402
Appeal from assessments, 1884-5 402
• Taxing powers, 1870 219
Teachers for colored youth, 1887. 835
Upson Female School incorpo-
rated, 1853-4 144
m
Thomaston Academy.
Incorporation of, 1825 17
Sale of certain property author-
ized, 1853-4 274
Thomaston and Barnesville Rail-
road Co.
Act incorporating, 1839 100
Act 1839 revived, 1847, p. 188; w
1849-50 24^
Extension to Geneva. 1853-4.... 45^f
Extension to Muscogee Railroad,
1859 333^
Name changed to Upson County
Railroad Co., 1860 19
Thomaston Lodge No. 29.
Act incorporating, 1851-2 38<
Thomaston Manufacturing Co. _
Incorporation of, 1842 93
Thomaston Railroad Co.
Act incorporating, 1853-4 425
Thomasville.
Act incorporating town, 1831, p.
237: 1874
Act 1874, sees. 1, 16 and 21,
amended, 1878-9 265
New charter, 1855-6, p 345;
1889 854
Aldermen increased to eight, 1897 338
Board of registrars created, 1897 338
Board of tax assessors created,
1882-3 425
Bond for park and waterworks,
1887 521
For subscription to South Geor-
gia and Florida Railroad, 1866 201
For waterworks and sewers,
1884-5 352
By-laws, etc., 1857 195
Corporate limits denned, 1857, p.
195; 1882-3 425
Limits restricted, 1860 78
Commissioners, election of, 1847. . 30
Power of, 1832 203
Power of, restricted, 1832 198
Extension of corporate limits,
1853-4 p. 243; 1865-6, p. 293;
1887, p. 523; 1897 338
Improvement bonds, 1895 325
Liquor license. 1857, p. 195; 1866, 200
Marshal, removal, vacancy, etc.,
1857 ' 195
Mayor and aldermen, exempt from
jury duty, 1866 200
New charter for, 1855-6, p. 345;
1889 S54
Act 1856 amended and extended,
1855-6 345
Public school system established.
1900, p. 451; 1893 451
Punishment of offenders, 1887 ... 540
Registration of voters, 1872 274
Th-To
INDEX.
396
LOCAL LAWS.
Thorn as v i ! I e — Continued.
Sewerage, condemnation, 1898 . . 276
Sewerage and drainage system
established, 1884-5 352
Streets, power over, 1857, p. 195:
1866 200
Widening and straightening,
1884-5 333
Street work, 1884-5 333
Commutation tax, 1884-5 333
Survey of town, 1882-3 425
Tax on realty, 1882-3 425
Power to tax, 1857 195
Tax returns, 1884-5 334
Thomasville Guards incorporated,
1853-4 580
Wards, division into, 1857 195
Thomasville Academy.
Incorporation of, 1830 18
Trustees increased, 1847 14
Thomasville and Augusta Railway Co.
Act incorporating, 1884-5 262
Bonds, authority to issue, 1887.. 252
Branch from Sandersville, 1887.. 252
Consolidation with other roads,
1887 252
Crossing other roads, 1887 252
Purchase or lease, 1887 252
Stockholders liability, 1887 252
Thomasville and Cordele Railway Co.
Act incorporating. 1889 203
Thomasville and Northern Railroad Co.
Act incorporating, 1887 300
Thomasville and Surburban Railroad
Co.
Act incorporating, 1889 679
Thomasville and Ty Ty Railroad Co.
Act incorporating, 1887 265
Thomasville Exchange and Banking
Co.
Act incorporating, 1888 122
Thomasville Female College.
Act incorporating, 1855-6 290
Thomasville, Florida and Western
Railway Co.
Act incorporating, 1887 172
Thomasville Loan and Building As-
sociation.
Act incorporating, 1853-4 376
Thomasville Railroad Co.
Act incorporating, 1878-9 223
Thomasville Street Railway Co.
Act incorporating, 1886, p. 167;
1888 168
Assignment of charter, 1889 .... 673
Thomson.
Act incorporating, 1853-4, p. 220;
1859 206
New charter, 1889, p. 767; 1900, 455
Act 1851, sees. 1, 4, 6 and 13,
amended, 1872 276
Chief executive officer, 1875 188
Powers and duties. 1875 188
Commissioners, election for ad-
ditional, 1869 95
Powers of commissioners, 1869. 95
Convicts, hire of, 1874 200
Liquor, sale of. 1878-9 305
Sale regulated, 1872 276
New charter for, 1889, p. 767;
1900 455
Original charter repealed, 1889, 767
Previous acts superseded, 1900, 455
Officers, compensation of, 1875... 188
President pro tern., 1875 188
Thomson and Lincolnton Railroad Co.
Act incorporating, Vol. I., 1890-1, 388
Thurmond Lodge No. 107.
Act incorporating. 1851-2 384
Tifton.
Act incorporating city. Vol. II.,
1890-1 669
Ad valorem tax, 1897 340
Public school system established,
1898 349
Tifton and Northeastern Railroad Co.
Act incorporating, Vol. I., 1890-1, 447
Timber Cutters' Bank.
Act incorporating. 1855-6 88
Removal authorized, 1861 24
Title Guarantee and Loan Company
of Savannah.
Act incorporating, 1887 365
Deposits by married women and
minors, Vol. II., 1890-1 350
Guaranty powers, Vol. II., 1890-1, 350
Name changed to Peoples' Sav-
ings and Loan Co.. 1895 110
Tobacco Belt and Florida Railroad Co.
Act incorporating, Vol. I., 1890-1, 432
Toccoa.
Bonds for educational purposes,
1882-3 315
Charter confirmed, 1875 189
Corporate limits defined, 1875. . . . 189
Name changed to "City of
Toccoa," 1897 ." . 391
Public school svstem established,
Vol. II.. 1890-1 1033
School bonds, 1892 208
Vote, who may, 1875 189
Toccoa and Tallulah Railway Co.
Act incorporating, 1876 260
Toccoa Banking Co.
Act incorporating, 1889 550
Indebtedness to corporation, Vol.
II., 1890-1 297
Toccoa Mining Co.
Act incorporating, 1853-4 360
39T
INDEX.
To-Tr
LOCAL LAWS.
Towns County.
County commissioners, board
created, Vol. II., 1890-1 921
Educational fund, 1861 107
Extra tax for building jail, 1869 . . 179
Fish protection, 1887 721
Grazing stock by nonresidents pro-
hibited. 1870 448
Importation of cattle prohibited,
1899 489
Jurors compensation of, 1871-2.. 238
Line between Rabun and Towns
fixed, 1857 232
Between Townes and Union
changed. I860, p. 140; 1874.. 375
Liquor, sale restricted, 1877 171
Officers, extra compensation de-
nied, 1877 296
Ordinary, keeping office open,
1860 182
Organized out of Union and
Rabun, 1855-6 121
Roads, classification of, 1870.... 455
Width, etc., 1887 795
Road laws, 1872 418
Sheriff, bond of, reduced, 1857.. 254
Traders and Importers' Bank (at
Augusta).
Act. incorporating, 1862-3 129
Name changed to Importers and
Traders' Bank, 1863-4 15
Traders and Planters' Savings Bank
of Rome, Georgia.
Act incorporating, 1876 229
Traders' Bank of Atlanta, State of
Georgia.
Act incorporating, 1887 387
Directors increased, 1889 575
Transvale Railway Co.
Act incorporating, Vol. I., 1890-1 435
Traveler's Rest Academy.
Incorporation of, 1837 3
Trenton.
Act incorporating town, 1853-4, p.
250: 1860 104
Act 1854 repealed, 1859 209
Punishment of offenders, Vol. II.,
1890-1 841
Salem's name changed to, 1840 . . 37
Streets, working of, 1859 209
Trenton Academy, sale, applica-
tion of proceeds, 1858 Ill
Trenton Lodge incorporated,
1853-4 208
Trial ot offenders, 1893 333
Trenton and Lookout Mining, Manu-
facturing and Petroleum Co.
Act incorporating, 1865-6 199
Trenton Male Academy.
Building of Male and Female
Academy, 1857 147
Trion.
Act incorporating town, 1862-3, p.
71: 1869 96
Act of 1869 repealed, 1897 352
Code, sees. 780 and 797 adopted,
1882-3 313
Corporate limits, Vol. II., 1890-1.. 825
Public school system established,
1895 326
Trion Manufacturing Co.
Act. incorporating, 1877 212
Trion Railroad Co.
Act incorporating, 1869 65
Name changed to Chattooga and
Walker Coal and Iron Rail-
way Co., 1871-2 184
Trion Telegraph Co.
Act incorporating, 1874 319
Troup County.
Antioch Church incorporated, 1838 54
Baptist Church at Vernon in-
corporated, 1835 Ill
Brownwood University incorpo-
rated, 1851-2 305
County commissioners, board
created, 1876 294
Clerk of, 1892 237
People elect, 1895 349
County court abolished, 1877, p.
70; 1899 412
Criminal court, organization of,
1872 471
Domestic wines, etc., 1892 251
Election districts, 1830 p. 112;
1832 '. 79
Election superintendents, ' com-
pensation, 1840 76
Farm products, sale of, regulated,
1875 301
Fees of magistrates and con-
stables, 1853-4 329
Franklin Academy, incorporation
of, 1830, p. 21;' 1831 234
Game protection, 1876, p. 345;
1887, p. 726; Vol. II., 1890-1.. 955
Home Academy incorporated,
1838 8
Hunting regulated, 1876 345
Insolvent costs, payment of, 1872, 474
Jail, extra tax for building,
1855-6 542
Jurors, per diem of, 1871-2, p.
240; 1872 486
LaGrange \ Female Academy in-
corporated, 1831 3
LaGrange made county seat, 1828 152
Line between Fourth and Sixth
district 1853-4 316
Tr-Tw
INDEX.
398
LOCAL LAWS.
Troup County — Continued.
Line between Harris and Troupe
changed, 1853-4 320
Between Troupe and Heard
changed, 1855-6 125, 135
Between Troupe and Coweta
changed, 1877 279
Liquor. manufacture of, pro-
hibited, 1893 477
Sale restricted, 1880-1 616
Liquor license. 1875 330
How granted. 1875 330
Local option act. 1884-5 528
Long Cane Church incorporated,
1836 81
Organization of, 1826, p. 57; 1827. 65
Part of, added to Heard, 1830 48
Paupers, tax for support of. 1882-3 496
Road commissioners, jury exemp-
tion. 1872 471
Roads, obstruction for horse rac-
ing:, 1855-6 510
Road laws. 1837, p. 238: 1845, p.
186: 1859 359
Tax collector ex officio sheriff,
1876 350
Tax collector and receiver consoli-
dated. 1842 168
Offices separated, 1843 173
Tax collector, receiver and treas-
urer, compensation of, 1876.. 376
Treasurer elected by people,
1849-50 390
Act 1849 repealed, 1851-2 445
Vernon Academy incorporated,
1829 S
West Point Female Academy,
incorporation of, 1837 3
Troup County Academy.
Incorporation of 1827 3
Troupville.
Act incorporating, 1837 265
Act. amended, 1838 126
Commissioners, vacancies, how
filled, 1839 85
Trust Company of Georgia.
Capital stock increased or de-
creased. 1893 142
Commercial Travelers' Savings
Bank's name changed to, 1893 142
Executor, trustee, etc., authority
to become, 1900 490
Trustees of Richmond Academy.
Powers enlarged, 1810 28
Trustees of the Fund of Special
Relief.
Incorporation of, 1832 81
Tugalo River.
Main channel act to keep open,
1807 (Clayton's Comp.) 382
Obstructions in, act against, 1810 33
Tunnell Hill.
Act incorporating, 1855-6, p 371;
1849-50 .' 92
Public school system established,
1892 183
Turin.
Act incorporating town, Vol. II..
1890-1 629
Turner Mountain Copper Mining Co.
Act incorporating, 1861 99
Turtle and Altamaha Rivers Canal
Co.
Act incorporating, 1882-3 229
Beginning and completion, 1887. 469
Turtle River and Altamaha Canal Co.
Act incorporating. 1857 90
Turtle River and Buffalo Swamp
Canal Co.
Act incorporating. 1875 147
Charter renewed, 1889 744
Turtle River and Screven Railroad Co.
Act incorporating, 1868 114
Turtle River Railroad Co.
Act incorporating, 1889 343
Twiggs County.
Bonds for paying county indebted-
ness, 1874 328
Borrowing money for county in-
debtedness authorized, 1865-6,
p. 47: 1872 475
County commissioners, board
created, 1875, p 263: 1898.. 383
Abolished. 1877, p. 296; 1884-5.. 430
Clerk, appointment of, 1876... 296
Jurisdiction of, 1877 266
Purchase of property sold for
taxes, 1880-1 ' 554
Education of the poor, 1851-2 335
Election districts, 1829, p. 70;
1831 125
Friendship Academy incorporated,
1853-4 144
Jailer, fees of 1876 377
Jefferson Academy incorporated,
1828, pp. 17, 19: 1837 3
Trustees increased, 1837 3
Jury, revision of jury box, 1871-2, 244
Line between Twiggs and Bibb
changed. 1851-2 p. 75: 1875,
p. 269; 1876, p. 302; 1877 223
Liquor, sale regulated, 1882-3.... 581
Liquor license, 1876 349
Marion Academy incorporated,
1838 3
Trustees, filling of vacancies,
1818 (Lamar's Comp.) 22
Ocmulgee Academy, incorporation
of 1819 (Lamar's Comp.) . . 26
399
INDEX.
Tw-Un
LOCAL LAWS.
Twiggs County — Continued.
Ordinary, compensation of, 1896,
p. 282; 1897 404
Act of 1896 repealed, 1897 405
Part of. added to Bibb, 1833, p. 51;
1849-50 129
Part of, cut off, 1822 21
Permanent site, 1810 40
Planters' Academy incorporated,
1833 22
Registration law for, 1894 236
Removal of county seat, 1849-50, 106
Residents of, added to Bibb, 1842, 60
Road laws, 1853-4 552
Sale of fractional parts of sur-
veys, 1810 121
Seed cotton sale regulated, 1882-3 660
Sheriff, bond of, reduced, 1853-4.. 331
Site of public buildings made per-
manent, 1817 (Lamar's
Comp.) 222
Stone Creek Academy incorpo-
rated, 1831 5
Trustees of, 1834 20
Treasurer for, 1894 208
Fees of 1876, p. 376; 1882-3 512
Treasurer's office, abolished,
1877 296
Twiggs County Academy.
Appointment of trustees for, etc.,
1816 104
Tybee.
Ocean City's name changed to,
1888 271
Strand street, lines fixed, Vol. II.,
1890-1 880
Sale of park, Vol. II., 1890-1.. 880
Tybee Improvement Co.
Act incorporating, 1876 263
Tybee Telegraph Co.
Act incorporating. 1873 209
TyTy.
Act incorporating town, 1882-3 . . 303
Ty Ty Creek.
Fish protection, 1874 407
Unadilla.
Act incorporating town, Vol. II.,
1890-1 614
Board of trustees, powers, terms,
vacancies, etc., 1900 466
Bonds for waterworks, 1897 370
Election of public schools, .1900. . 466
Illegal voting, punishment, 1900 466
Mayor and aldermen, election,
terms, etc., 1897 373
Public schools, 1900 466
Registration of voters, 1897 .... 374
Schools, admission of pupils,
1900 466
School bonds authorized, 1897 . . . 374
State and county school fund,
1900 466
Tax for support of schools, 1900. . 466
Underwriters' Mutual Insurance Co.
Name changed to United Under-
writers' Insurance Co., 1889.. 715
United States.
Sites for beacons, 1820 30
United States Accident Insurance
Company of Atlanta.
Act incorporating, Vol. I., 1890-1. . 485
United States and West India Tele-
graph Co.
Act encouraging, 1866 135
United Underwriters' Insurance Co.
Lightning, insurance against,
1889 713
Underwriters' Mutual Insurance
Company's name changed to,
1889 715
Union Academy.
Incorporation of, 1821 28
Union and Lumpkin Turnpike Co.
Incorporation of, 1843 99
Charter extended, 1869 99
Union Bank at Augusta.
Bank of Brunswick, name
changed to, 1853-4 172
Union Branch Railroad Co.
Act for relief of, 1869 157
Union Coal and Iron Mining Com-
pany of Georgia.
Act incorporating, 1855-6 449
Union County.
Academy incorporated, 1833 .... 17
Academy fund, 1840 5
Alleghany Lodge incorporated,
1851-2 361
Blairsville Academy incorporated,
1833, p. 7: 1836 10
Abolished, 1835 178
Trustees of, 1834 3
Blairsville made county seat, 1835 11 3".
County commissioners, board
created, 1887 '. 6691
Abolished, 1899 494
County treasurer, election of by
people, 1855-6 404
Distempered cattle not driven into,
1851-2 453
Education of the poor, 1849-50.. 155
Extra tax for county indebted-
ness, 1857 323"
Grazing stock by nonresidents
prohibited, 1870 448
Gum Log Mining Company incor-
porated, 1853-4 365
Importation of cattle prohibited,
1899 491
Un
INDEX.
400
LOCAL LAWS.
Union County — Continued.
Jail, building of, 1851-2 533
Extra tax for building. 1855-6.. 541
Line between Towns and Union
changed. 1860, p. 140: 1874 .. 375
Liquor, sale regulated, 1876 350
Lumpkin, part of, added to. 1845, 74
M. E. camp ground incorporated,
1840 85
Militia districts organized, 1837.. 109
Organization of, 1832 56
Officers, extra compensation de-
nied, 1877 296
Notley river, obstructions pro-
hibited. 1860 162
Part of. added to Fannin. 1853-4. . 298
Added to Gilmer, 1855-6 124
Added to Towns, 1855-6 121
Poor school fund, 1835 176
Public school system established,
1872 490
Roads, opening up of new, 1871-2, 249
Road laws, 1837, p. 241; 1838, p.
216: 1872 418
Tax collector's and receiver's of-
fice consolidated, 1837, p. 751;
1857, p 243: 3 874 404
Act of 1874 repealed, 1876 350
Offices separated, 1843 173
Teachers for poor schools, 1849-50 156
Union Library Society.
Incorporation of. 1800 9
Union Loan and Euilding Association.
Act incorporating, 1S60 136
Union Loan and Trust Co.
Atlanta Guarantee Savings Bank's
name changed to, 1893 148
"Except life and fire insurance,"
stricken, 1895 Ill
Union, Lumpkin and Habersham
Turnpike Co.
Incorporation o£ 1841 Ill
Opening books of. 1842 101
Union Point and Elberton Short
Line Railroad Co.
Act incorporating, 1889 311
Union Railroad and Transfer Co.
Act incorporating, 1889 220
Union Railroad Co.
Act incorporating, 1880-1 263
Union Savings Bank.
Use of monev on deposit as trus-
tee. Vol. IT.. 1890-1 91
Union Savings Bank and Trust Co.
Act incorporating, 1889 501
Union Steamboat Co.
Act incorporating, 1851-2 165
Union Street Railroad Company of
Georgia.
Act incorporating, 1884-5 193
Union Trust Co.
American Loan and Banking
Company changed to Vol II.,
1890-1 ' '. ... 52
Union Turnpike Co.
Incorporation of, 1834 200
University of Georgia.
Act of 1820, sec. 2. repealed. 1841, 84
Appropriation under 2d sec. of Act
of 1830 repealed, 1841 84
For repairs, 1882-3 29
For rebuilding college edifice,
1830 4
Arms and accoutrements for
students, 1880-1 103
Authority to sell Hancock county
land. 1803 (Clayton's Comp.) 142
Board anywhere, students may,
1811 137
Board of visitors, appointment,
etc.. 1887 67
Constitution of, 1800, p. 18;
1808. p. 31; 1811 137
Bonds of Athens to, ratified, 1874, 203
Branches at Cuthbert and
Thomasville. 1878-9 97
Dahlonega Branch College, ap-
propriation for, 1882-3, p. 16:
1887 10
Free tuition provision for, 1880-1 16
Hamilton Branch Agricultural
College. 1880-1 100
Scrip fund, 1880-1 100
Income made permanent, 1880-1.. 101
Lands surveyed and sale of, 1825 114
Loan of ten thousand dollars to.
1830 4
Lottery for library fund, 1806 9
Middle Georgia Military and
Agricultural College, local
board for, 1878-9 95
Military and Agricultural College,
act establishing, 1878-9 91
Military organization of students,
1875 108
Militia duty, students liable to,
1814 .• 57
New edifice, erection of, 1821 . . 69
North Georgia Agricultural Col-
lege, appropriation for re-
building, 1880-1 18
Permanent endowment fund, 1821 69
Permanent endowment act ex-
plained. 1822 9
Permanent seat of, fixed at
Athens, 1800 18
Poor children educated in, 1830.. 4
Power, fourth sec. Act of 1830 re-
pealed, 1831 6
President's office vacant, trustees
to appoint, 1816 128
401
INDEX.
Un-TJp
LOCAL LAWS.
University of Georgia — Continued.
Purchasers of land from, indul-
gence to, 1820, p. 49; 1821, p.
21: 1822 ' 136
Repair of buildings, appropriation,
1887 11
Sale of university lands and crea-
tion of permanent fund, 1815,
p. 103; 1822 137
Sales heretofore made invalid,
1816 119
Senatus Academicus, acts legal-
ized. 1834 23
Appointments by, repealed, 1816 119
Meetings of, 1808 31
State Normal College, act estab-
lishing, 1878-9 93
Technological school, act estab-
lishing, 1884-5 69
Thomasville Branch College, ap-
propriation, 1887 12
Trustees, appointment of, 1800.. 18
Faculty member not com-
petent, 1858 107
Governor may be a member,
1882-3 85
Governor to be president, 1858, 107
Number increased, 1830, p. 4;
1878-9 95
Shall be practical farmers,
1878-9 93
Number of quorum, etc., 1839.. 209
Reduced to five, 1811 137
Vacancies, how supplied, 1817
(Lamar's Comp.) 1061
Vacating seats of members,
1823 205
Universal Life Insurance Com-
pany of New York.
Branch in Atlanta, 1868 126
Upshaw School District.
Incorporation of, 1900 164
Upson County.
Blountsville Academy, trustees for,
1834 3
Contract for bridges, etc., 1872.. 476
County commissioners, board
created, 1877 267
Countv court abolished, 1887.... 710
Abolished, 1876 93
Elections, 1826 92
Election districts, 1827, p. 101;
1830 87
Emmons Baptist Church incorpo-
rated, 1838 54
Farm products, buying and sell-
ing prohibited, 1872 484
Fees of jurors, bailiffs and treas-
urer, 1877 104
Fishing regulated, Vol. II., 1890-1, 959
Law of 1891 repealed, 1893 392
26— Ga. Code
Flint River Academy incorpo-
rated, 1851-2 323
Franklin Academy incorporated,
1826 23
Trustees increased, 1838 3
Franklin Factory incorporated,
1833 106
Act amended, 1834 140
Free negroes, act regulating,
1860 163
Insolvent costs, payment of,
1871-2 240
Act repealed, 1873 295
Jail, extra tax for building, 1834, 236
Jurors and bailiffs, compensation
of, 1871-2 309
Jury fees, 1857 274
Justices' courts, 537th D. G. M.,
place of holding, 1855-6 416
Lafayette Academy incorporated,
1831 3
Line between Upson and Craw-
ford changed, 1865-6 48
Local option act, 1884-5 516
New Providence Factory incorpo-
rated, 1833 104
Oak Chumpna Academy incorpo-
rated, 1833 17
Organization of 1824 43, 45
Part of, added to Pike, 1825 60
Pine Bowery Aca<demy incorpo-
rated, 1841 8
Pine Knot Academy, trustees ap-
pointed, 1842 4
Poor asylum, 1832 51
Poor children, pay of teachers,
1853-4 151
Poor schools, teachers' pay, 1851-2 341
Public school system established,
Vol. II., 1890-1 1007
School claims, payment of, 1876.. 377
Tax collector and receiver con-
solidated, 1839 43
Act repealed, 1840 178
Teachers, ordinary to pay, 1855-6, 305
"The Rock," incorporated as a
town, 1877 189
Thorn aston Manufacturing Com-
pany incorporated, 1842 93
Treasurer, fees of, Act 1877 re-
pealed, 1882-3 495
Code sec. 3703 of Code of 1873
substituted, 1882-3 495
Fees regulated, 1871-2 309
Pay of, regulated, 1843 32
Union Academy incorporated,
1833 17
Union Hill Academy incorporated,
1833 22
Waynmanville Manufacturing
Company incorporated, 1842, 92
TJp-Vi
INDEX.
402
LOCAL LAWS.
Upson Camp Ground.
Incorporation of. 1837 51
Upson County Railroad Co.
Act incorporating, 1860 199
Taxes for back years, settlement
of, 1878-9 215
Thomaston and Barnesville Rail-
road Co., name changed to,
1860 199
Upscn Guards.
Act incorporating, 1859 396
Upson Trust and Banking Co.
Act incorporating, 1888 70
Valdosta.
Act incorporating town, 1860 . . 107
New charter. 1887 595
Assessment for tax, 1900 472
How collected, 1899 296
City court established, 1897 498
Election of secretary and treas-
urer. 1866 201
Liens of assessment, 1899 296
Liquor sale, 1866 201
Market lot, title vested, 1872.... 277
Mayor and council, act revived,
1872 277
Mayor and aldermen, election of,
1877 191
Mayor and councilmen, terms of,
1899 296
Mayor's court, 1866 201
New charter for, Act 1860
amended, 1887 595
Public school system for, 1893.. 453
Recorder's court established,
1900 469
Sewerage and bridge system,
1889 1001
Street improvements. 1899 296
Assessment for, 1899 296
Prorating assessments, 1899 . 296
Liens, rank of. 1899 296
Mayor and council, power of,
1899 296
Streets, opening of. 1889 1001
Damages, appeals, etc., 1889.. 1001
Paving, liens, etc., 1889 1003
Street railroads, 1898 277
Taxes, 1899 296
Tax appraisers for 1896 258
Returns, etc., 1900 472
Tax returns, 1896 258
Waterworks, 1889 1001
Valdosta and Fort Valley Railroad Co.
Act incorporating, 1873 211
Valdosta and Ocean Pond Dummy
Line Railroad Co.
Act incorporating, 1889 448
Valdosta Street Railroad Co.
Act incorporating, 1889 684
Van Dyke Hydraulic Hose Mining Co.
Act incorporating, 1868 96
Vann's Valley, Coosa and Chatooga
Railroad Co.
Act incorporating, 1873 212
Vann's Valley Manufacturing Co.
Act incorporating. 1869 126
Van Wert.
Act incorporating town, 1838, p.
75: 1870, p. 220: 1876 171
Sec. 5, amended, 1872 278
Ordinances, power of officers to
pass. 1876 171
Tax, authority to levy, 1876 171
Van Wert Quarrying and Mining Co.
Act incorporating. 1866 109
Banking powers, 1887 459
Increase of capital stock, 1887. 459
Term of charter, 1887 459
Van Wert Slate Mining Co.
Act incorporating. 1871-2 167
Vernon and Ogechee Canal Co.
Act incorporating, 1880-1 247
Vernonburg.
Act incorporating town, 1865-6 . . 294
Corporate limits reduced, 1884 5.. 412
Tntendant, commissioners, etc.,
Act 1866 amended, 1888 200
Vernon Park Railway Co.
Act incorporating, Vol. I.. 1890-1, 311
Vernon Shell Road Co.
Act incorporating, 1859, p. 340;
1870 376
Electric powers, 1899 503
Rights of company to damages,
1876 264
Trees on, penalty for cutting, 1876 264
Vesey Mining Co.
Act incorporating, 1876 252
Vienna.
Act incorporating 1853-4, p. 273;
1857 197
Mayor and aldermen, election,
terms, etc., 1894 186
Public school system for, 1894.. 266
Street defaulters, 1894 186
Vigilant Hose Co.
Act incorporating, 1857 83
Vigilant Live Stock Mutual Insur-
ance Co.
Act incorporating, 1882-3 172
Villa Rica.
Act incorporating town 1842, p.
94: 1882-3 ' 333
Corporate limits changed and de-
fined, 1882-3 334
Extension of corporate limits,
1887 575
403
INDEX.
Vi-Wa
LOCAL LAWS.
Villa Rica — Continued.
Liquor, prohibition on sale, 1877, 191
Prohibition on sale extended,
1876 193
Sale prohibited, 1874 223
Villa Rica Mining Co.
Act incorporating, 1866 110
Villa Rica Mining and Manufacturing
Co.
Act incorporating, 1875 212
Vineville.
Shooting in, prohibited, 1875 189
Penalty for, 1876 193
Vulcan Iron and Coal Co.
Act incorporating, 1865-6 177
Name changed to Phoenix Iron
and Coal Co., 1873 191
Waco.
Act incorporating town, 1884-5... 370
Waco and Eowden Railroad Co.
Act incorporating, 1884-5 225
Condemnation of property, 1889.. 335
Route defined, 1889 335
Wadley.
Act incorporating, 1876 153
Public school system established,
1895 328
Registration of voters, Vol. II.,
1890-1 853
Special tax, penalty for not pay-
ing. Vol. II., 1890-1 853
Tax on hotels, etc., Vol. II.,
1890-1 853
Wahatchee Mining Co.
Act incorporating, 1865-6 180
Wahoo Mining and Manufacturing Co.
Act incorporating, 1868 80
Walesca.
Act incorporating, 1889 1066
Corporate limits changed, 1892.. 212
Walker County.
Chattooga Academy incorporated,
1836, p. 10; 1837 3
Common school fund 1842, p 9;
1859 ' 90
Commutation tax, 1889 1251
County commissioners, board
created, 1873, p. 295: 1874.. 357
Appointment of, 1875 . 265
Jurisdiction, powers, etc., 1875. 265
Pay of, 1884-5 437
County court abolished, 1900 154
County treasurer, election of by
people, 1855-6 404
Driving of cattle restricted, 1855-6 496
Free negroes, act regulating,
1860 163
Jurors, drawing legalized, 1872 . . 476
Per diem of, 1855-6, p. 490;
1877 101
Lafayette Female Academy, in-
corporation of, 1837 3
Line between Dade and Walker,
1840 40
Between Murray and Wadker
changed, 1849-50, p. 135;
1851-2, p. 68; 1853-4, p. 311;
1855-6 125
Liquor, sale of, 1889 1374
Sale prohibited, 1880-1 622
Local option. 1875 338
Act 1875 amended. 1876 328
Male Academy. trustees in-
creased, 1843 92
Organization of, 1833 . 52
Part of, added to Catoosa. 1853-4, 286
Added to Chattooga, 1838 77
Added to Whitfield. 1859 274
Formed into Dade, 1837 65
Peavine Baptist and Presbyterian
churches incorporated, 1841.. 35
Pleasant Grove Academy, incorpo-
ration of, 1836 10
Poor school fund, 1834, p. 52;
1849-50, p. 159; 1851-2 336
Roads classification of, 1870 .... 455
Road laws, 1841. p. 183; 1884-5... 577
Road warners, 1858 182
Steven's Spring Academy incorpo-
rated, 1851-2 370
Subscription to Coosa and Chat-
tooga River Railroad, I860.. 190
Tax receiver and collector con-
solidated. 1837 75
Consolidation act repealed,
1845 : 195
Vallanow Academy, act incorpo-
rating, 1853-4 . '. 220
Valleyville Academy, incorpora-
tion of, 1837 3
Walker County Marble Works.
Incorporation of, 1842 110
Walker Iron and Coal Co.
Act incorporating, 1874 287
Walnut Creek Baptist Church.
Incorporation of, 1823 36
Walthourville Academy.
Incorporation of, 1823 22
Walton County.
Beaver Dam Academy incorpora-
tion of, 1837 ' 3
Centreville Academy, incorpora-
tion of, 1836 10
Commissioners, term of office,
1858 151
Election of, 1858 151
Powers to make by-laws, 1858. 151
Wa
INDEX.
404
LOCAL LAWS.
Walton County — Continued.
County commissioners, board of,
created. 1896' 283
County court established, 1880-1. . 573
County treasurer., election of by
people, 1855-6 404
Courthouse, extra tax for building,
1847 287
Election districts, 1828, p. 80;
1829 p. 72: 1830 86
Establishment of. 1803 (Clayton's
Comp.) 128
Generous Warren Lodge incorpo-
rated, 1851-2 382
Henry, part of. added to, 1821 33
Jack's Creek Academy, incorpora-
tion of, 1837 3
Jackson, part of, added to, 1818
(Lamar's Comp.), p. 226;
1820 88
Jones' residence added to; 1842, 63
Local option act, 1880-1 636
Line between Clarke and Walton,
Act 1840 repealed, 1874 370
Between Gwinnett and Walton,
1820, p. 61: 1849-50, p. 139:
1855-6 129
Between Walton and Newton,
1822. p. 27: 1847, p. 70: 1849-50 132
Act 1840 repealed, 1874 370
Between Walton and Jackson
changed, 1870 25
Liquor, manufacture of prohib-
ited. 1899 494
Sale of, 1889 1366, 1353
Sale restricted, 1887 851, 853
Liquor license, 1858 151
Mabry's Creek Academy, incorpo-
ration of, 1837 3
Means' residence added to New-
ton, 1842 63
Methodist Camp Ground incorpo-
rated, 1833 44
Mount Vernon Church and Aca-
demy incorporated, 1860 .... 75
Mountain Academy, incorpora-
tion of. 1837 3
Newton county organized out of
part of. 1821
Organization of, 1818 (Lamar's
Comp.) 226
Part of, added to Henry, 1821 . . 33
Added to Jasper, 1820 80
Added to Newton, 1840 36
Pleasant Grove Academy, incorpo-
rated, 1837 .' 3
Poor school account, payment,
1860 184
Poor school fund, 1842 9
Poor schools, teachers' pay, 1851-2 342
Rehoboth Academy, incorporation
of, 1837 3
Repeal of Sections 4 and 10 of
Acts of 1818, 1819 (Lamar's
Comp.) 234
Of Section 11 of Act of 1818,
1820 46
Registration law for. 1884-5 615
School district, 1855-6 313
Treasurers for each district,
1,855-6 313
Site of public buildings fixed,
1821 3
Social Circle Academy incorpo-
rated, 1828 15
Taxes, 1858 151
Teachers, arrearages due, 1853-4. 147
Ordinary to pay, 1855-6 303
Trustees for school district, 1857. 153
Trustees increased. 1834 3
Union Hill Academy, incorpora-
tion of, 1837 3
Walton County Academy.
Academy Act of 1821 continued in
force, 1863-4 94
Commissioners for, 1821 125
Incorporation of, 1843 87
Walton Female Academy.
Act incorporating, 1855-6 282
Walton Railroad Company.
Act incorporating, 1872 372
Additional corporators, 1873 213
Book of subscriptions, 1873 213
Capital stock, 1873 213
Extension to point on M. & B. R.
R., 1880-1 276
Power to mortgage, 1880-1 276
Route, 1873 213
Rules and regulations, 1873 213
Walton Steam Mills Company.
Act incorporating, 1853-4 383
Ward.
Act incorporating town, 1882-3 . . 318
Name changed to Shellman, 1884-5 387
Ware County.
Bonds of officers, 1873 280
Act 1873 repealed, 1876 268
Clerk's office, where kept, 1855-6,
p. 404: 1857, p. 255: 1862-3.. 210
County commissioners, board
created. Vol. IT., 1890-1, p. 919:
1872. p. 477: 1877 268
Abolished, 1878-9 367
Appointment of. 1874 358
County court abolished, 1897 531
County site, change of, 1873 296
Election upon, 1873 296
Extra tax to build courthouse,
1859 374
Act 1859 repealed, 1861 128
Forfeiture of certain lands to
State, 1847 103
Free school fund, 1825 13
405
INDEX.
Wa
LOCAL LAWS.
Ware County — Continued.
Grant fees to lands in, 1851-2 .... 252
Jurors and bailiffs, per diern of,
1877 105
Justices' courts place of holding,
1851-2, p. 446; 1853-4 343
Line between Appling and Ware,
1838, p. 256; 1849-50, p 136;
1860 p. 143; 1875 268
Between Clinch and Ware
changed, 1876, p. 304; 1889.. 1138
Between Coffee and Ware
changed, 1855-6, p. 126; 1872,
p. 403; 1876, p. 305; 1877 280
Act 1872 repealed, 1875 270
Between Pierce and Ware
changed, 1859, p. 274; 1870,
p. 24; 1874, p. 376; 1875, p.
268; 1876 309
Between Telfair and Ware
changed, 1845, p, 75; 1849-50,
p. 136; 1851-2 71
Between Ware and Wayne, 1849-
1850, p 132; 1851-2, pp. 68,
70; 1853-4 .' 314
Liquor license, 1882-3 553
Organization of. 1824 44, 45
Part of, added to Charlton, 1855-6, 135
Added to Clinch, 1849-50 126
Added to Coffee, 1853-4 294
Added to Pierce, 1857 41
Poor school fund, 1826 3
Additional trustees, 1827 8
Public school system established,
1872 490
Public school system regulated,
1877 348
Act 1877 amended, 1888 336
Registration law for, 1887 750
Removal of county site, election,
1860 167
Roads, work on, 1860 222
School fund, 1888 336
Scrip, receivable for taxes, 1871-2. 241
Tax collector and receiver consol-
idated, 1838 243
Treasurer, election of. 1859 276
Waresboro Camp Ground incorpo-
rated, 1855-6 328
Waresboro.
Act incorporating, 1858 145
Amended, 1859 182
Repealed, 1873 158
New charter for, 1893 348
Corporate limits changed, 1889.. 960
North limits changed, Vol. II.,
1890-1 823
Roads and streets, work on, 1860. Ill
Streets, authority to open, 1860. . . Ill
Warehouse Insurance and Deposit
Company (at Americus).
Act incorporating, 1862-3 14b
Warm Springs Academy.
Incorporation of, 1842 3
Warrior Creek,
Pish protection, 1874 407
Warren County.
Amsdem Academy on Williams'
Creek incorporated, 1827 .... 16
Assistant receiver of tax returns,
1853-4 571
Baptist Church on Williams'
Creek, incorporated, 1826 .... 74
Bethesda Academy incorporated,
1833 17
Birdsville Academy, incorporation,
of, 1837 3
Brier Creek Academy incorporat-
ed, 1832 18
County commissioners, board cre-
ated, 1877 269
Pay of, 1884-5 437
Courthouse, extra tax for build-
ing, 1820 91
Elam Baptist Church, incorporat-
ed, 1836 S4
Elections, 1826 96
Compensation of managers,
1859 296
Election districts, 1827, p. 102:
1828 79
Extra tax for certain purposes,
1882-3 657
For county purposes, 1855-6 . . 544
Farm products, sale regulated,
1876 312
Fees of magistrates and con-
stables, 1853-4, p. 329; 1858 . 155
Act of 1854 repealed, 1858 155
Fountain Methodist Episcopal
Camp Ground incorporated,
1838 .' 60
Habersham Academy incorporat-
ed, 1841 3
Jurors, drawing of, 1857 272
Per diem of. 1877 97
Line between Glascock and War-
ren, Act 1865 repealed, 1874. 370
Between Columbia and Warren
changed, 1813, p. 65; 1842 .. 67
Between Taliaferro and Warren
changed, 1841, p. 69; 1849-50,
p. 134; 1853-4, p. 321; 1855-6.. 132
Liquor, sale restricted, 1876, p.
196; 1884-5 547
Sale prohibited, 1882-3 559
Mayfield Academy, trustees ap-
pointed, 1843 88
Monaghan Academy, incorporar
tion of. 1826 13
Wa
INDEX.
406
LOCAL LAWS.
Warren County — Continued.
Orders on county treasurer. 1SS2-3 503
Part of, added to McDuffie. IS TO. . 20
Added to Taliaferro. 1S25 58
Organized into Glasecck. 1857.. 35
Poor asylum. 1S32 46
Poor school fund.. 1S49-50 15S
Registration law for. 1SS9 1193
Act 1885 amended.. 1SS9 1221
Road laws amended.. 1816 89
Roman Catholic Church at Locust
Grove incorporated. 1S26 .... 76
School books and stationery fur-
nished to children, 1853-4 . . . 152
Stock, running at large prohibited.
18S2-3 636
Tax levy without grand jury rec-
ommendation. 1863-4 93
Treasurer elected by people. 1S49-
1850 390
Union Baptist Church incorporat-
ed. 1S25 47
Sweetwater Baptist Church in-
corporated. 1843 IIS
Warren County Academy.
Commissioners for. 1S21 125
Wsrrenton.
Act incorporating town. 1S10. p.
39: 1S59 210
Incorporation act amended, 183S 116
Amendment of charter, 1811 106
Baptist Church incorporated. 1S29 4 I
Broker's license, 1S99 299 (13)
Building committee. 1S99 299 (8)
Business license. 1S99 299 (11)
Eating house protected from ne-
groes. 1S57 199
Election of commissioners. 1S35.. 65
Extension of corporate limits.
1SS7. p. 539: 1899 299 (18)
Extraordinary tax, 1S99 299 (15)
Pines and imprisonment limited.
1S99 299 (17)
Eire limits, 1S99 299 (9)
License for shows, etc.. 1S99..299 (10)
For markets, 1899 299 (12)
Liquor, sale prohibited. 1S76. p.
193: 1S97 566
Liquor license. IS 75 190
Mayor a J. P.. 1S99 299 (4)
Election of. 1S99 299 (1)
Oath of, 1S99 299 (6)
Salary and duties, 1899 299 (2)
Vacancies, how supplied. 1899 ..
299 (1)
Mayor's court. 1899 299 (3j
Mayor and commissioners, elec-
tion of. 1S99 299 (16)
Vacancies in office, 1S99 299 (16)
Pawnbrokers' and peddlers' li-
cense. 1899 299 (13)
Punishment of offenders, 1872 ... 27^
Public school system for, 1S93... *60
Streets, act for keeping open. 1816 60
Taxes. 1872 278
Tax exemptions. Sec. 6th of char-
ter repealed, 1887 539
Vagrants and beggars. 1S99 ..299 (7)
Veto power of mayor. 1S99 ... .299 (5)
"Waterworks and electric lights,
1S99 299 (14)
Warrenton and Macon Railroad Co.
Act incorporating. 1855-6 1S2
Warrenton Telegraph Company.
Act incorporating. 1S57 83
Warsaw.
Act incorporating 1S55-6 375
Sec. 4 repealed. 1898 278 (1)
Corporate limits, 1S9S 27S (2)
Corporate name, 1S9S 27S (10)
Elections, managers, vacancies.
etc.. 1898 278 (5)
Liquor, sale of, 1S9S 278 (8)
Mayor and aldermen, election of.
1S9S 278 (3)
Qualifications for, 1898 278 (3)
Police court created, 1898 27S (11)
Qualification of voters, 1S9S ..278 (4)
Registration of voters, 1S9S ..278 (6)
Special powers. 1S9S 278 (9)
Tax. power to, 1898 278 (9)
Warsaw Camp Ground.
Incorporation of, 1S42 45
Warsaw Mining Company.
Act incorporating. 1S6S 98
Washington.
Academy building. Vol. II.. 1890-1 1-27
Academy commissioners to estab-
lish' lotterv. 1804 (Clayton's
Comp.1. p. 213: 1S05 29
Act 1859, Sc-c. 1 amended, I860.. 112
Appeals from recorder's court.
1897 158
Baptist Church, charter revived.
1851-2 370
Churches. incorporation act
amended. 1838 8
City, incorporated as, 1899 306
"Town." struck out of Act of
1894, 1S99 306
Commissioners, appointment of.
1805 50
Amendment of act of 1805, as
to. 1816 50
Title changed to mayor of
Washington. 1SS4-5 393
Corporate limits extended. 1834... 259
East street made permanent, 1815 81
Female Seminary. Vol. II.. 1S90-1 1026
Fine and imprison, power to. 1S59. 217
Fines, collection of, 1859 217
407
INDEX.
Wa
LOCAL LAWS.
Washington — Continued.
Jail, use of, 1859 217
Liquor, sale regulated, 1876 194
Licenses, power to grant, 1853-4. . 273
Liquor license, 1859 217
Marshal, powers of, 1859 217
Mayor's salary, 1897 257
New charter for, 1894 187
Public school system established,
Vol. II., 1890-1, p. 1027; 1887. 837
School bonds authorized, 1893 463
Act 1893 amended, 1895 428
State school fund, 1894 271
Streets, power over, 1884-5 393
Southern Baptist College, incorpo-
ration of. 1836 98
Tax appraisers, 1884-5 393
Trial of offenders, 1859 217
Vendue masters' act repealed,
1805 53
Waterworks, bonds, 1898 287
Washington Academy.
Incorporation of, 1827 30
Washington and Elberton Railway
Company.
Act incorporating, 1886 198
Construction to begin in ten years,
Vol. I.. 1890-1 353
Route changed, Vol. I., 1890-1 353
Washington and Lincolnton Rail-
road Company.
Act incorporating, 1889 270
Washington and Middleton Railroad
Company.
Act incorporating, Vol. I., 1890-1. . 399
Washington and Petersburg Rail-
road Company.
Act incorporating, 1853-4 461
Washington County.
Academy commissioners, author-
ity to dispose of certain land,
1804 (Clayton's Comp.) 181
Act of 1819 amended, 1840 15
Antioch Baptist Church incorpo-
rated, 1853-4 196
Baptist and Presbyterian
churches incorporated, 1827.. 79
Baptist Church at Bethlehem, in-
corporation of, 1836 78
Bethlehem Church incorporated,
1843 11
Board of commissioners created,
1897 405
Election of board, 1898 383
Number reduced, 1898 383
Quorum of board, 1898 383
Terms of members. 1898 383
City court abolished, 1878-9 268
Compensation of tax collector, re-
ceiver treasurer and jurors,
1877 .'. 297
Courthouse and jail, extra tax for
building, 1833, p. 50; 1835, p.
284; 1855-6 542, 543
Extra tax for repairing, 1806 . . 27
County commissioners, board cre-
ated, 1876 297
Abolished, 1877 271
County court, Act 1872 repealed,
1872 478
Criminal court organized, 1877... 81
Dee's Creek Academy, incorpora-
tion of, 1837 3
District elections, 1825 100
Election districts, 1831 125
Election managers, 1895 429
Pay of 1884-5 635
Extra tax for building jail, 1858. . 187
Farm products, sale regulated,
1876 312
Act of 1872 made applicable to,
1873 290
Farmers' school incorporated, 1834 3
Fishing, etc., prohibited, 1887 720
Restrictions on, 1886 286
Game protection, 1877, p. 321;
1878-9 378
Gum Springs Academy, incorpora-
tion of, 1836 10
Hunting regulated, 1876 345
Insolvent costs, payment of, 1872. 478
Act 1872 repealed, 1874 366
Jurors' fees, 1.853-4 477
Per diem of. 1876 379
Jury box, revision of, 1855-6 483
Keg Creek Academy incorporat-
ed, 1838 - 8
Line between Hancock and Wash-
ington altered, 1830 50
Dehned, 1818 (Lamar's Comp.). 225
Liquor, sale regulated, 1880-1.... 604
Sale restricted 1880-1, p. 629;
1876 .... ..' 201
Liquor license, 1860, p. 160; 1873,
p. 271; 1874, p. 402; 1875.. 329, 355
Local option act, 1882-3 556
Act 1881 repealed, 1882-3 551
Mount Vernon Association incor-
porated. 1859 118
New Chapel Camp Ground incor-
porated, 1849-50 66
Ordinary, compensation of, 1878-9 364
Part of, added to Baldwin, 1807
(Clayton's Comp.), p 363;
1812, p. 21; 1826 '. 63
Added to Laurens, 1811 168
Poor, extra tax for support of,
1821 103
Poor Asylum established, 1829 . . . 112
Wa
INDEX.
408
LOCAL LAWS.
Washington County — Continued.
Poplar Spring Baptist Church in-
corporated, 1843 78
Receiver to attend only twice,
1851-2 535
Registration law for. 1884-5...... 615
Law amended, 1886 288
Seed cotton, sale regulated, 1889. 1388
Sisters' Church incorporated,
1849-50 78
Tax collector, receiver and treas-
urer, compensation of, 1876.. 379
Union Academy incorporated,
1834 3
Zoar M. E. Camp Ground incor-
porated, 1841 31
Washington County Academy.
Act incorporating, 1838 3
New charter. 1894 187
Incorporation of, 1819 (Lamar's
Comp.) . . . . 25
Washington County Female Insti-
tute.
Act incorporating, 1851-2 322
Washington Criminal Court.
Act organizing, 1877 81
Washington Dragoons.
Exemption from jury duty, 1876. . 386
Washington Exchange Bank.
Act incorporating, 1888 73
Washington Female Seminary.
Act incorporating, 1855-6 330
Washington Guaranty and Loan
Company.
Act incorporating, Vol. II., 1890-1. 306
Washington Institute.
Act incorporating, 1857, p. 148;
1858 109
Act of 1858 altered, 1866 176
Washington Loan and Banking Com-
pany.
Act incorporating, Vol. II., 1890-1. 259
Washington Presbyterian Church.
Act incorporating, 1855-6 330
Washington Railroad and Banking
Company.
Incorporation of, 1838 192
Washington Railroad Company.
Charter, 1847 144
Washington Railroad or Plank
Road Company.
Act incorporating, 1849-50 219
Consolidation with Georgia R. R.
and Ranking Co., 1851-2 120
Washington Rifles.
Act incorporating, 1858 171
Exemption from, jury duty, 1876. . 386
Washington Steamboat Company.
Incorporation of, 1838 227
Washington Street Railway Com-
pany.
Act incorporating, 1887 307
Commence business, when, 1888.. 146
Washington Turnpike Company.
Incorporation of, 1821 63
Act amended. 1822. p. 94, 1823. 119-
Water Lot Company of Columbus.
Incorporation of, 1845 123
Watkinsville.
Act incorporating town, 1806, p.
5; 1815 75
Act reincorporating town, Vol.
II.. 1890-1 720-
Amendment of charter, 1816 . . 52
New charter for, 1884-5 308
Code sections made applicable to,
1876 172
Commissions, meetings of, 1876.. 172
Debts, creation of prohibited, 1876 172
Extension of corporate limits,
1822, p. 129; 1876 172
High school building, 1900 472
Intendant, office created, 1876 ... 17?
New charter for, 1884-5 308
Previous act consolidated,
1884-5 312
Warwoman Turnpike Company.
Act incorporating, 1857 85
Waycross.
Act incorporating town, 1874 .... 172
New charter, 1882-3, p. 285;
1889 897
Ad valorem tax, 1882-3 456
Roard of education, 1888 334
Powers, duties, etc., 1888 334
Ronds for sewerage and floating
debt, 1897 359
City court established, 1897 510
Condemnation for streets, 1894 . . 194
Corporate limits defined, 1876... 173
Act 1876 reducing, repealed,
1878-9 311
Double tax on defaulters, 1897 358
Extension of corporate limits,
1884-5 401
Jail at, 1873 296
Liquor sale, 1892 210
New charter for, 1882-3, p. 285;
1889 897
Previous acts amended and con-
solidated, 1882-3 285
Public school system established,
1887 833
Public schools controlled by board
of education, 1888 334
Entrance fees, 1888 334
409
INDEX.
Wa
LOCAL LAWS.
Waycross — Continued.
Registration of voters, 1887 543
Law amended, 1888 302
Removal of county site to, 1873.. 296
Sanitary and waterworks commis-
sioners, 1897 361
School bonds authorized, 1893 . . . 457
School tax, limit, 1888 334
Sewerage system established,
1889 829
Special tax for artesian well,
1882-3 487
Specific tax, 1882-3 456
State school fund, 1893 459
Streets, work on, 1882-3 456
Voting places, Vol. II., 1890-1 617
Waycross Air Line Railroad Com-
pany.
Act incorporating, 1887 227
Act 1887, sec. 17, repealed, 1889 247
Branch road to Cord el e, 1889 ... 247
Right of way, 1889 247
Extension to Fort Valley and
Brunswick, Vol. I., 1890-1 416
Crossing streets, Vol. L, 1890-1 . 416
Lease or sale, Vol. I., 1890-1 416
Waycross and Florida Railroad Com-
pany.
Act incorporating, 1878-9 227
Waycross Street Railroad Com-
pany.
Act incorporating, 1889 686
Wayne County.
Ambulatory school, ten may com-
pose, 1877 350
Andrew Academy incorporated,
1849-50 21
Appling, part of, added to, 1872.. 387
Bryan's residence added to, 1842. . 67
Camden county, part of, added to,
1808, p. 57; 1812 28
Commissioners authorized to sell
fractional parts of surveys,
1805 56
Constables, election, 1830 102
Courthouse, act for building of,
1818, p. 88; 1855-6 414
Extra tax for building, 1853-4.. 343
Removal of, 1832, p. 47; 1843.. 24
Courthouse and jail, act for build-
ing, 1806 29
Courthouse commissioners, 1853-4 343
County commissioners, board cre-
ated, 1876 300
Compensation of, 1876, p 378;
1888 285
County seat established, 1829 193
Election to determine, 1847 .... 76
Election upon removal, 1873 . . 298
Removal, election on, 1855-6, p.
416: 1873 298
Selection of, 1855-6 414
County solicitor. compensation,
Vol. II., 1890-1 951
Election districts established. 1825 92
Extra tax for new courthouse,
1855-6, p. 415; 1857 324
For school purposes, 1855-6 . . 545
For support of poor, 1838 237
Of nonresidents, 1859 297
To build bridge, 1859 374
Fishing, prohibition of, 1884-5... 501
Glynn, part of, added to, 1805, p.
54; 1820 54
Hunting, etc., prohibited, 1887 . . 724
Act of 1887 repealed, 1895 404
Hunting regulated, 1876 351
Jury box revision, 1874 405
Landowners must pay tax in,
1853-4 572
Line between Appling and Wayne
changed, 1875, pp. 269, 275:
1876 301, 302
Between Camden and Wayne,
1820, p. 42; 1875 276
Between Glynn and Wayne
changed, 1860 146
Between Pierce and Wayne
changed, 1860, p. 144; 1874 . 374
Between Ware and Wayne
changed, 1849-50, p. 132; 1851-
1852. pp. 68, 70; 1853-4 314
Liquor, Jamaica ginger, etc., 1889. 1339
License fee and penalty, 1889. 1339
Liquor license 1878-9, p. 388;
1882-3 567
Acts 1883, 1889 amended, Vol.
II., 1890-1 - 1064
Lumber jrard and wharves, 1853-4 344
Mineral Spring Academy, incor-
poration of, 1830 12
Palmer's Baptist Church incorpo-
rated, 1840 85
Part of. added to Glynn, 1822 ... 27
Poor school fund, 1834 171
Registration law for, 1888 299
Removal of courthouse, act
amended, 1824. p. 155; 1833.. 71
Act repealed, 1825 177
Road duty, 1859 . . 360
Road laws, 1806, p. 81; 1811, pp.
20, 174: 1812, p. 20; 1820, p.
97; 1825, p. 154; 1857, pp. 293,
296; 1859, p. 360; 1860 226
Sheriff, bond reduced, 1878-9 366
Stock grazing by nonresidents,
1876 351
Tax receiver and collector con-
solidated, 1872 479
Consolidation act repealed, 1875 293
Wa-We
INDEX.
410
LOCAL LAWS.
Wayne County — Continued.
Tax returns, 1853-4 572
Treasurer, election of, 1857 243
Tuton*s residence added to,
1849-50 130
Waynesville Presbyterian Church
incorporated, 1853-4 27
Waynes Southern Railroad Com-
pany.
Act incorporating. Vol. I.. 1890-1. 414
Waynesboro.
Act incorporating town. 1803
Clavton's Comp.), p. 127,
1812. p. 100: 1866 202
Enlargement of corporate pow-
ers, 1866 202
Bond issue authorized, 1895 332
City, act making, 1882-3 450
Commissioners, number and elec-
tion of, 1816 80
Extension of corporate limits,
1880-1, p. 410: 1895 331
Mayor and aldermen vacancies,
"l898 288
Public school system for, 1893 . . 464
Real estate assessment, 1884-5.. 285
Tax rate, 1884-5 385
Waynesboro Academy.
Commissioners, election, etc.,
1884-5 601
Commissioners, powers of, 1838. 8
Powers enlarged, 1845 59
Power over, vested in town com-
missioners, 1872 493
Waynesboro Loan and Banking Co.
Act incorporating, 1887 414
Waynesville Baptist Church.
Incorporation of, 1849-50 71
Waynman and Franklin Manufactur-
ing Company.
Act incorporating, 1871-2 '. . 165
Waynmanville Manufacturing Co.
Incorporation of, 1842 91
Webster County.
Beaver dams, destruction prohib-
ited, 1873 299
Clerk superior court and treasurer
consolidated, 1876 351
Clerk and treasurer, consolidation
Act of 1896 repealed, 1880-1.. 518
County commissioners, board cre-
ated, 1872 479
County commissioners, compen-
sation of, 1880-1, p. 521; 1893,
p. 368; 1895 350
Clerk and his compensation,
1873, p. 299; 1880-1, p. 521;
1895 350
Meetings of board, 1880-1 521
Vacancies, etc. 1873 299
Farm products, buying and selling
prohibited, 1872 484
Fish, poisoning prohibited, I860.. 164
Insolvent costs, previous act re-
pealed, 1870 446
Jurors, per diem of, 1871-2, p. 240;
1872, p. 486: 1876 379
Jurors and bailiffs, per diem of,
1S77 105
Jurors in criminal court, pay of,
1876 379
Kinchafoonee, name changed to,
1855-6 414
Line between Webster and Stew-
art changed, 1870, p. 23; 1874 376
Line between Terrell and Web-
ster changed, 1860, p. 146;
1870. pp. 23, 26; 1872 470
Liquor license, 1880-1 609
Road laws, 1855-6, p. 510; 1859 .. 350
Sheriff, bond reduced. 1877 297
Tax levied for insolvent costs,
1869 168
Treasurer, tax receiver is ex
officio, 1874 405
Webbville.
Act incorporating, 1853-4 274
Welaka Steamboat Company.
Act incorporating, 1855-6 192
Wesley Monumental Church.
Grant of lands to confirmed, 1896 330
Wesleyan Female College.
Incorporation of. 1843
West Atlanta Street Railroad of
Fulton County.
Act reincorporating, 1888 179
West Atlanta Street Railroad Com-
pany.
Name changed to Atlanta Sus-
pended Cable Railroad Com-
pany, Vol. I., 1890-1 323
West End.
Act incorporating town, 1868 ... 122
New charter, 1889 910
Act of 1889, sec. 32, amended,
1892 158
Ad valorem tax, Vol. II., 1890-1.. 881
Appeals, how to be taken, 1873.. 158
Assessment for sewers, 1892 .... 158
Bond issue authorized, 1886 .... 238
Borrow money, power to, 1886.. 238
Collection of fines and street
taxes, 1880-1 425
Corporate limits defined, 1873... 158
Eminent domain, 1884-5 328
Grading and draining streets,
1884-5 328
Intendant may try offenders, 1873. 158
Liquor, sale prohibited, 1878-9... 384
411
INDEX.
We
LOCAL LAWS.
West End — Continued.
"Mayor," substituted for "Int end-
ant;" 1882-3 486
Mayor and councilmen, terms of,
1886 238
New charter for, 1889 910
Number of councilmen increased,
1873 158
Private schools, support of, 1884-
1885 328
Punishment of offenders, 1884-5. 328
Registration of business, 1880-1. 425
Sale of lands, stock, etc, 1882-3. . . 486
Specific taxes, 1880-1 425
Street cars, to pave in streets,
Vol. II.,' 1890-1 881
Street work and street tax. 1880-
1881 425
Tax on billiard tables, etc., 1880-1. 425
On brokers and auctioneers,
1880-1 425
On itinerant traders, 1880-1 . . . 425
On property, 1882-3 486
Taxes, failure to pay, 1880-1 425
Executions for tax, 1880-1 425
Levy and sale, 1880-1 425
Tax collector and receiver, clerk
of council to be, 1880-1 425
Fees of clerk, 1880-1 425
West End and Atlanta Street Rail-
road Company.
Act incorporating, 1872 374
Condemnation tracks of other
roads, 1882-3 232
Extension beyond city limits 1884-
1885 266
Extension of lines, 1887 180
Lease or sale, Vol. I., 1890-1 285
Motive power, steam, etc., 1887.. 180
Streets, use of, 1882-3 232
West View Cemetery extension,
1887 180
West End and East Point Street
Railroad Company.
Act incorporating, 1886 168
Name changed to West End,
Atlanta and East Point Street
Railroad Company, 1887 . . . . 260
West End, Atlanta and East Point
Street Railroad Company.
Borrowing money, bonds, etc.,
1887 260
Depots, etc., 1887 260
Directors, increase of, 1887 . . . 260
Motive power, 1887 260
Property rights, 1887 260
Right of way, 1887 260
West End and East Point Street
Railroad Company's name
changed to, 1887 260
West Point.
Barroom license, 1865-6 295
Bonds for streets and sewers.
1892 194
Bridge over Chattahoochee, 1849-
1850 105
Corporate limits defined, 1838 . . 121
Extended and defined, 1835 72
Elections, 1878-9 315
To be held in, when, 1869 98
Election, registration, etc., 1874.. 223
Qualifications of voters, 1874 . . 223
Franklin's name changed to, 1832. 204
Incorporated under name city of
West Point, 1853-4 274
Act amending charter, 1858 . . . 133
Liquor, act of 1884 repealed, 1899. 3°
Liquor license, 1857 198
New charter for, 1900 477
Certain prior acts preserved,
1900 477
Ordinances, power to pass, 1865-
1866 295
Public school system authorized,
1877 192
Commissioners increased, 1878-
1879 286
Election, terms of office, etc.,
1878-9 286
Realty and personalty, power to
hold, 1865-6 295
Stock in railroads, etc., 1872 .... 279
West Point Fire Company.
Incorporation of, 1838 124
Incorporation Act of 1838 revived,
1849-50 28
Jury exemptions, 1870 488
West View Cemetery.
Drunkenness in, penalty, 1884-5 . . 514
Western and Atlantic Railroad.
Act of 1836, sec. 10, repealed,
1842 143
Act to authorize further progress
of, 1843 138
Additional engineers appointed,
1847 303
Board of commissioners and en-
gineer corps dissolved, 1841.. 172
Change bills, authority to issue,
1861, p. 26; 1862-3 136
Collection and safe keeping of
revenue, 1849-50 393
Commissioners for construction
of, duties etc., 1837, p. 210;
1840 . . . .' 155
Duties enlarged, 1839 189
Contracts beyond certain points
to be rescinded, 1841 172
Conveyance of land to Macon and
Western Railroad, 1870 377
Cross Plains extension, 1845 .... 46
We-Wh
INDEX.
412
LOCAL LAWS.
Western and Atlantic R. R. — Continued.
Damages against, 1862-3 182
Suits against, 1862-3 182
Damages to landowners, 1839.... lq3
Differences between road and
Reynolds and others sub-
mitted to arbitration, 1860 . . 60
Disbursing agent and chief agent
to be appointed, 1841 172
Extension of charter, Vol. I., 1890-
1S91 280
Funds for completion of 1847 . . . 301
Government and management,
1851-2 110
Act 1885 amended, 1851-2 110
Iron to be taken up, etc., to be
sold, 1855-6 157
Iron bridges ratified, 1851-2 116
Kennesaw House, in Marietta,
part of to rest on right of
way of, 1870 370
Lease act authoriizng, 1870, p.
423; 1889 362
Lessees, building of side tracks,
1889 351
Means of equipment, construction,
etc.. 1851-2 114
Northwestern terminus. 1838 .... 169
Oath of depot agent and conduc-
tors, 1855-6 156
Officers and offices abolished,
1871-2 79
Official survey and maps, 1895 ... 99
Preferences to agent prohibited,
1855-6 156
Provision for completion of 1839 189
Right of way for Georgia West-
ern R. R., 1860 192
For Polk Slate Quarry Railroad
Company, 1860 192
Route through Cassville, 1851-2. 117
Salaries and wages, increase of,
1862-3 . . 63
Reduction of, 1861 82
Sale of Act 1843 repealed, 1849-
1850 392
State bonds for completion of,
1841 173
Stock Gaps, authority to build,
1865-6 261
Stolen money or property, re-
covery of, 1871-2 T.
Superintendent, salary increased,
1865-6 249
Superintendent and treasurer,
bond to United States, 1865-
1866 261
Suspension of operations in part,
1841 172
Transportation business, 1845 . . . 165
Treasurer, appropriation to reim-
burse 1862-3 64
Duty of. 1853-4 411
Turnout in Cass county, near Et-
towah river, 1849-50 392
Unlawful interference with, pun-
ished, 1845 47
Western Bank of Georgia.
Incorporation of. 1836 60
Western Baptist Association.
Act incorporating, 1857 148
Western Railroad Company.
Incorporation of 1835 202
Weston.
Act incorporating, 1855-6, p. 383;
1865-6 295
Charter repealed, 1880-1 460
Wheat's Camp Ground.
Incorporation of, 1842 42
Whigham.
Amendment of town charter, 1897. 363
New charter for, 1896 261
White and Towns Turnpike Com-
pany.
Habersham and Union Turnpike
Company's name changed to,
1870 381
White County.
Cattle, driving across line, Vol.
II., 1890-1 1077
Clerk's offices consolidated, 1859. 280
Compensation of officers, judge to
fix, 1874 367
Act of 1874 repealed, 1877 298
County commissioners, board cre-
ated, Vol. II., 1890-1 916
Act 1871 made applicable. 1873. 300
Game law for, 1887 725
Gold operation, act to facilitate,
1858 157
Jurors, per diem of, 1876 380
Jury tickets, authority to issue,
1869 169
Line between Lumpkin and White
changed, 1860, p. 144; 1862 3,
p. 80; 1874 376
Liquor, sale prohibited. 1877.... 342
Sale restricted, 1880-1 592
Liquor, sale prohibited, 1882-3... 581
Exception as to medicinal and
sacramental purposes, 1882-3. 582
Mining company's Act of 1858
amended, 1859 260
Organized out of Habersham,
1857 44
Public school system, act estab-
lishing, 1872 490
Road duty, 1872 434
Sheriff, bond reduced, 1859 285
413
INDEX.
Wh-Wi
LOCAL LAWS.
White County — Continued.
Teachers of poor children, pay of,
1861 107
White Manufacturing Company.
Act incorporating, 1868, p 70;
1874 288
White Plains.
Act incorporating, 1855-6 399
Sees. 1 and 5 amended, 1866... 204
Act incorporating town, Vol. II.,
1890-1 . ; 593
Liquor, power to regulate, 1874.. 201
White Star Line Steamboat Company.
Act incorporating, 1882-3 236
Whitehall.
Act incorporating town, Vol. II.,
1890-1 885
Whitesburg.
Act incorporating town, 1874 .... 170
Liquor, sale of, 1878-9 304
Liquor license, 1875 100
New charter for, 1894 196
Act 1874 repealed, 1894 196
Streets, punishment of offenders,
1876 174
Tax on livery stables and drays,
1875 190
Whitesville.
Act incorporating town, 1837, p.
266: 1853-4 280
Act of 1837 repealed, 1842 104
Whitfield County.
Common school, act regulating,
1860 180
Commutation tax, 1886 299
Constable, suit on bond, 1857 . . . 244
Bond increased, 1857 244
County commissioners, board cre-
ated, 1872 .. .- 480
Clerk, authority to employ, 1886 267
Compensation, 1886 267
County treasurer, election of,
1855-6 369
Dalton made county seat, 1853-4. . 235
Domestic wines, 1892 249
Extra tax for families of soldiers,
1861 129
To pay county debt, 1853-4 .. 570
Fishing in waters of, 1896 325
Act 1896 repealed, 1899 497
Forest trees, timber, etc., protec-
tion of, 1858 162
Game protection of, 1877 322
Gates across roads, 1870 444
Jurors drawing of panels, 1855-6 487
Per diem of, 1877 102
Jury, compensation of, 1857 .... 275
Jury fees, 1861 103
Line between Walker and Whit-
field changed, 1855-6 125
Between Whitfield and Catoosa
changed. 1859, p. 275: 1877. 280
Liquor, restriction on sale, 1874.. 222
Local option, 1875 338
Act 1875 amended, 1876 328
Act of 1845 repealed, 1877 342
Election, when had, 1899 496
Mount Vernon Methodist Camp
Ground incorporated, 1855-6. 328
Organized out of Murray, 1851-2. 56
Overseers of roads subject to road
duty, 1886 299
Part of, added to Catoosa, 1853-4. 286
Public road svstem established,
1884-5 549
Road duty, who subject to, 1893. 470
Roads, classification of, 1870.... 455
Road laws. 1886, p. 299; 1870. p.
458: 1882-3 621
School claims, payment of, 1876 . . 380
School fund, plan for using, 1860. 180
Sheriff, compensation for summon-
ing jurors, 1860 147
Tax for schools, 1888 330
Teachers' arrearages due, 1853-4. 147
Ordinary to pay, 1855-6 ° "
Payment of, 1855-6 303
Treasurer, bond of. 1857 245
Walker, part of, added to, 1859.. 274
Whitfield Bank of Tunnell Hill.
Act incorporating, 1889 653
Whitney.
Act incorporating town. 1871-2 . . 137
Corporate limits defined, 1872... 279
Wilcox County.
Camp hunting prohibited, 1873 . . . 300
Clerk of superior court, acts legal-
ized, 1871-2 220
Cedar Creek, clearing out, 1871-2. 76
Cotton seed, selection of, 1878-9. . 409
County commissioners, board cre-
ated, 1873, p. 301; 1895 351
Compensation of clerk, 1886 . . 269
Compensation of sheriffs 1886. 270
Number quorum, etc., 1886 . . . 269
Farm products, buying and sell-
ing prohibited, 1872 484
Firing woods, act regulating, 1860 164
Fishing seining, etc., prohibited,
1887 728
Grazing stock, Act 1859 repealed,
1861 129
Hunting and fishing, 1889 1186
Jurors, per diem of, 1874 367
Act 1874 repealed,' 1875 96
Line between Irwin and Wilcox,
1860 p. 144; 1862-3, p. 206;
1865-6, p. 49; 1869, p. 176;
1872, p. 431; 1876 306
Wi
INDEX.
414
LOCAL LAWS.
Wilcox County — Continued.
Between Pulaski and Wilcox
changed, 1860, p. 140; 1865-6,
p. 51; 1877 281
Liquor, sale prohibited, 1877 .... 343
Organized out of Irwin, Dooly and
Pulaski, 1857 46
Public school system established,
1872 490
Rafting timber, 1873, p. 302; 1875 307
Registration law for, 1888, p. 305;
1893 410
Roads, width of, 1859 361
School fund, 1863-4 135
Sheriff, bond reduced, 1877 298
Tavern laws and liquor license,
Act 1809 repealed, 1859 297
Tavern license, 1858. p. 158; 1874 361
Tax receiver and collector's office
consolidated, 1859 285
Treasurer, election of, 1859 276
Wilcoxon Manufacturing Company.
Act incorporating, 1866 98
Capital stock, increase of, 1868.. 82
Wilkes County.
Academy of Washington, author-
. ity to keep open streets, 1813 47
Baptist Church on Fishing Creek
incorporated, 1803 (Clayton's
Comp.) 122
Bicycle ways protected, 1897 .... 584
Clerk and justices, 1853-4 332
Constables, fees of. 1876 381
Courthouse, extra tax for build-
ing, 1818 (Lamar's Comp.), p.
918; 1819 (Lamar's Comp.... 934
Courthouse and jail, extra tax for
building, 1815 84
County commissioners, board es-
tablished, 1893 36°
Danburg Female Academy incor-
porated, 1838 3
Delhi Rangers incorporated, 1859 3r
Elections, 1826 90
Challenges, etc., 1887 777
Election of mayor, 1896 237
Election districts, 1827, p. 88; 1829 72
Farm products, buying and selling
prohibited, 1872 484
Game protection, 1882-3 543
Georgia reports purchase of, Vol.
II., 1890-1 .' 1078
Insolvent costs, 1876, p. 382;
1896 325, 327
Insolvent costs in county court,
1897 408
Act of 1896 repealed, 1897 407
Liquor, manufacture and sale of,
1889 1355, 1356
Sale regulated, 1875, p. 355; 1889 1350
Liquor sale restricted, 1877, p.
158, 343; 1880-1, p. 618; 1882-3 557
Line between Wilkes and Lincoln
changed, 1851-2 66
Between Wilkes and Taliaferro
changed, 1853-4, p. 311; 1872 481
Newford Baptist Church incorpo-
rated, 1832 32
Part of, added to Green, 1802
(Clayton's Comp.) 89
Added to Taliaferro, 1825, p.
58; 1828 52
Road laws, 1833, p. 299; 1853-4.. 552
Rehoboth Academy and Baptist
Church incorporated, 1837 . . 15
Rocky Mount Academy incorpo-
rated, 1838 8
Sheriff, fees for summoning juries,
1855-6 408
Shiloh Christian Church incorpo-
rated.. 1838 56
Solicitor insolvent costs, payment
of, 1876 381
South Liberty Academy incorpo-
rated, 1833 17
Superintendent of roads and
bridges, 1865-6 247
Tax collector and receiver consol-
idated, 1839 43
Offices separated, 1843 173
Wilkes Agricultural Society,
Incorporation of, 1819 (Lamar's
Comp.) . . 851
Wilkes Manufacturing Company.
Incorporation of 1810 141
Wilkes Plank or Railroad Company.
Act incorporating, 1853-4 462
Wilkinson County.
Baldwin, part of added to, 1872.. 387
Black Creek Academy, incorpora-
tion of, 1836 10
Authorized to sell fractional
parts of surveys, 1805 56
Common school fund, 1840 60
Compensation of officers, 1876 . . 382
Cool Spring Academy incorporat-
ed, 1855-6 296
County commissioners, board cre-
ated, 1873 303
Compensation, 1887 680
Payment of members and clerk,
1876 382
Courthouse, extra tax for build-
ing. 1818 (Lamar's Comp.) . 918
Division of, 1807 (Clayton's
Comp.) 357
Act of 1809 amended, 1810 65
Extra tax for county purposes,
1874 328
Fractional parts of surveys, sale
of, 1806, p, 64; 1810 110
415
INDEX.
Wi-Wo
LOCAL LAWS.
Wilkinson County — Continued.
Game protection, 1884-5 500
Harrison Academy incorporated,
1849-50 28
Irwinton Free Church incorporat-
ed, 1853-4 202
Jailer, fees of, 1876 382
Jurors, compensation of, 1853-4,
pp. 474, 476; 1870 454
Jurors and bailiffs, per diem of,
1876 382
Lafayette Academy, incorporation
of, 1837 3
Land south of Jones county, an-
nexed to, 1807 (Clayton's
Comp.) 357
Libertv Hill Academy incorporat-
ed. 1836 10
Line between Wilkinson and Bald-
win changed, 1855-6 128
Liquor, sale regulated 1880-1 ... 623
Sale restricted, 1878-9 384
Obstructions in Turkey Creek,
1870 457
Organization of. 1805 51, 54
Permanent site of public build-
ings, 1808 70
Poor asylum authorized, 1834.... 42
Poor school fund, 1835 179
Registrars, duty and compensa-
tion, 1887 777
Registration law for, 1884-5, p.
615: 1889 1217
Proof of registry, 1887 777
Road laws amended, 1816 123
Seed cotton, sale regulated, 1882-3 660
Shady Grove Academy incorporat-
ed, 1849-50 33
Sheriff, bond reduced, 1877 298
Site of public buildings fixed,
1811 123
Treasurer, compensation of, 1876. 382
Turkey Creek Academy, incorpo-
ration of, 1836 10
Union Hill Academy, incorpora-
tion of, 1836 10
Vinous, malt, etc., liquors, sale
prohibited, 1887 850
Domestic wines excepted, 1887. 850
Voting in own district, 1887 777
Wilkinson County Academy.
Commissioners for, 1821 132
Incorporation of, 1824 20
Willacoochee.
Act iucorporating, 1889 1006
Ad valorem tax, Vol., II., 1890-1 . . 825
Mayor and councilmen, vacancies,
Vol. II., 1890-1 825
Willeo Cotton Mills.
Act incorporating, 1875 216
Williamsburg.
Act incorporating town, 1887 485
Wills Valley Railroad Company of
Alabama.
Construction of road through
Dade county, 1853-4 464
Connection, Act 1857 repealed,
1857 7»
Wilmington Railroad.
Act 1860 incorporating amended,
1874 312
Wilmington Railroad Company.
Act incorporating, 1868 114
Name changed to Coast Line
Railroad, 1872 375
Winder.
Jug Tavern incorporated as, 1893. 223
Winder Academy.
Incorporation of, 1816 43
Winterville and Pleasant Hill Rail-
road Company.
Name changed to Smithonia and
Dunlap Railroad Company,
1889 355
Withlacooche River.
Fish traps prohibited, 1866 162
Fish protection, 1874 407
Woodbury.
Act incorporating town, 1872, p.
280; 1887 493
Amended charter, 1897 364
Clerk, duties of, 1897 364
Commitments, 1897 364
Corporate limits defined, 1897.... 364
Election of municipal officers,
1884-5 : 395
General law applicable, 1897 364
Liquor, sale of, 1897 368
Sale prohibited, 1877 193
Marshal, duties of, 1897 364
Mayor and councilmen, election
of 1897 364
Powers of, 1897 364
Officers, 1897 364
Punishment of offenders, 1884-5 . 395
Special powers of town officers,
1884-5 395
Streets, how worked, 1897 364
Tax returns and collections, 1884-
1885 395
Woodbury Banking Company.
Act incorporating, Vol. II., 1890-1. 412
Woodbury School District.
Incorporation of, 1900 184
Wood Hydraulic Hose Gold Mining
Company.
Act incorporating, 1860 132
Wo-Ya
INDEX.
416
LOCAL LAWS.
Woodstock.
Incorporation of town, 1897 368
Liquor, sale prohibited, 1875 351
Woodville, Penfield and Oconee
Valley Railroad Company.
Act incorporating, 1889 351
Woolsey.
Act incorporating town, 1893 353
Wooten.
Act incorporating town, 1872 .... 281
Name changed to Leesburg, 1874. 201
Workingmen's Mutual Relief Asso-
ciation of Georgia.
Act incorporating, 1869 51
Worth County.
Boundaries defined, 1853-4 310
Camp hunting, etc., protection
against, 1874 406
By nonresidents, 1855-6 411
County commissioners' board cre-
ated. 1880-1 535
Abolished, 1884-5 424
Countv treasurer, election of by
people, 1855-6 404
Deer, turkeys, etc., protected, Vol.
II., 1890-1 957
Extra tax for county indebted-
ness, 1858, p. 191; 1874 328
Fish, poisoning prohibited, 1853-4. 343
Fishing regulated, 1876 352
Act 1876 repealed, 1877 322
Game protection, Act of 1854 re-
pealed, 1855-6 410
Irwin, part of, added to, 1855-6.. 134
Jurors, compensation of, 1855-6,
p. 493; 1871-2. p. 240; 1872,
p. 386; 1874, p. 367; 1875, p.
94; 1876 383
Jurv box, revisers, compensation
'of, 1872 482
Line between Colquit and Worth
changed, 1857, p. 233; 1859.: 275
Between Dooly and Worth
changed, 1855-6, pp. 130, 133;
1875 276
Between Dougherty and Worth
changed, 1853-4, p. 314; 1855-6 13?
Between Irwin and Worth
changed, 1855-6, p. 130; 1865-
1866, p. 49; 1875, p. 277;
1876 305, 310
Between Thomas and Worth
changed, 1853-4 314
Liquor law, penalty for violating,
1882-3 564
Peddling prevented, 1860 211
Local option act, 1880-1 633
Organized out of Dooly and Irwin,
1853-4 308
Protection of deer, 1853-4 336
Public school system established,
1872 490
Registration law, 1888, p. 295; Vol.
II., 1890-1 964
Law repealed, Vol. II., 1890-1.. 993
Road laws, 1857, p. 296; 1882-3.. 616
Seining prohibited, Vol. II., 1890-1 956
Sheriff, bond reduced, 1855-6 407
Tax collector and receiver's office
consolidated, 1855-6 407
Consolidation Act of 1856 re-
pealed, 1858 153
Election of such officers, 1858. 153
Tax collector and receiver sep-
arated, 1858 155
Teachers ordinary to pay, 1855-
1856' 303, 305
Treasurer, fees of. 1874 368
Act 1874 repealed, 1875 293
Office, where kept, 1874 406
Wrightsboro.
Act incorporating, 1799 (Mar. &
Cr.) 131
Amendment of charter, 1818 (La^
mar's Comp.) 1046
Burying ground enlarged, 1835 . . 64
Powers of commissioners extend-
ed. 1810 8
Wrightsville.
Act incorporating town, 1865-6 . . 296
Act 1866 repealed, 1884-5 343
Buildings, council not to interfere
with, 1876 174
Commissioners, jurisdiction and
duties, 1882-3 475
Pay of members, 1882-3 475
Corporate limits defined 1876 ... 174
Act 1866 of force, 1876 174
Mayor pro tern., 1893 354
New charter for, 1884-5, p. 343;
1899 30°
Act 1885 repealed, 1899 308
Punishment of offenders, 1893 . . 354
Taxes, time of payment, 1893 .... 354
Wynnton and Columbus Street
Railroad Company.
Act incorporating, 1889 674
Yahoola River and Cane Creek Hy-
draulic and Hose Mining
Company.
Act incorporating, 1858 72
Sees. 1 and 3 amended, 1859 260
Diverting mining stream, 1859.. 260
Lateral ditches, 1859 260
Penalty for injuring works, 1859. . 260
Right of way, damages, etc., 1859, 260
Shares, how created, 1859 260
Personal liability, 1859 260
Yatesville.
Incorporation of town, 1896 266
Amended, 1899 312
417
INDEX.
Ya-Ze
LOCAL LAWS.
Yatesvi lie — Continued.
New charter for, 1899 312
Yemasse Division No. 15, Sons of
Temperance.
Act incorporating, 1851-2 370
Yonah Gold Co.
Act incorporating, 1865-6 181
Young American Fire Company (at
Columbus).
Act incorporating, 1858 173
Young American Fire Company of
the City of Savannah.
Name changed to Mechanics Fire
Company, 1866 204
Young Harris.
Charter, 1895 334
27— Ga. Code
Young Physic Medical College.
Act incorporating, 1857 144
Young's Female College.
Act incorporating, 1860 176
Zebulon.
Incorporation act of 1825 revived,
1849-50 101
Marshal, election of, 1849-50 101
New charter for. Vol. II., 1890-1.. 610
Zebulon Academy.
Incorporation of, 1825 6
Zebulon Branch Railroad.
Act incorporating, 1851-2 137
Extension of line, 1853-4 404
Name changed to Franklin and
Oxford Railroad Co., 1853-4.. 404
Zebulon Female Academy.
Incorporation of, 1837 15
INDEX.
PART IV
INDEX TO POLITICAL AND CIVIL CODE OF 1895 AND ACTS
PASSED SINCE ITS ADOPTION.
[Note.— The Political and Civil Code is consolidated in the following Index. Where the mumbers are from 1
to 1801, the reference is to Vol. 1 of the Code of 1895, known as the Political Code. Where the numbers are
from 1802 to 6036, the reference is to Vol. II. of the Code of 1895, known as the Civil Code. Where the
numbers are from 6037 to 6758, the reference is to Vol. IV., that is to say, to this volume, known as Van
Epps Code Supplement. The initials P. C. refer to Vol. III. of the Code of 1895, known as the Penal Code.]
Abandonment.
Children, abandonment of 2502 (3)
Commitment for 2505, 2372
Parental power, how lost. . . .2502 (3)
Condemned right of way, use
ceasing 4683
Contract, mutual temporary dis-
regard of 3642
Divorce, abandonment as ground
of 2426 (7)
Easement, forfeiture of abandon-
ment of 3068
Fixtures, not removed during
term of tenancy 3120
Satisfaction of judgment is, when,
5442, 5443
Abatement of Actions (see Actions.)
Death of party not abate suit 5035
Of co-defendant 5038
Of one of several administrators 5037
Of one of several defendants . . 5041
Guardian's letters, revocation
not abate suit 2434
Informers, suits by, abate, when, 3740
One of several defendants not lia-
ble, suit proceeds against
others 5039
Partnership, denial of existence
of 2637
Pendency of former suit 5094
Pendency of suit in another State, 3738
Attachment, exception in cases
of 3739
Plea in, filed when and how 5058
Receiver's death, not abate suit. . 1976
Removed executor, suits against
not abate 5036
Sheriff, death of, suits against,
survive 5044
Tort, action for, not abate by
death 3825
Abatement of Legacies (see Legacies.)
Legacies abate, when 3330, 3332
Abatement of Nuisances (see Nuis-
ances) 4760-4768
Abbrevations.
Names, abbrevations of 4942
Abducting or Harboring Wife.
Action by husband for
3868
Abeyance.
Estates in
3082
Absence.
Counsel, continuance for absence
of 5132
Evidence, absence of, effect of . . . . 5157
Judge absent from his circuit. . . . 4332
Limitations of actions, how affect-
ed by 3783
Parties, continuance for absence
of 5131
Presumption of death from 5154
Service in cases of 4975, 4985
Witnesses, continuance for 5129
Absolute Estates.
Commence in futuro, estate may. . 3082
Definition of (see Estates) 3081
Limited, one upon another 3082
Words which will create 3082, 3085
Abstract of Title.
Annexed to complaint for land, . .
4963, 5002
Cutting timber, proceedings to re-
strain 4927
(418)
419
INDEX.
Ab-Ac
CIVIL LAW.
Abuse.
Liberty of speech or of the press, 5712
Prisoners, abuse of, forbidden... 5706
Academies.
Buildings of, not taxed 762
County academies, law regulating,
1334-1337
Taxation, buildings of, not taxed . . 762
Academy for the Blind.
Acts relating to not repealed by
Code 1318, 1299
Annual report of trustees 1312
Applicants, how apportioned 1308
Board of visitors 1313
Powers and duties of 1314
Code not repeal existing laws, 1299, 1318
Corporate body, trustees are 1305
Educating indigent blind 1307
Indigent blind, ordinaries to desig-
nate 1317
Education of 1307
Located at Macon 1304
How controlled 1304
Number of pupils, how regulated. 1309
Pay pupils, how received 1310
Persons who may be educated and
how long 1307, 1330
Power of trustees 1306
Regulations for internal police. . 1321
Report of board of visitors 1314
Report of trustees to Governor. . 1312
Statistics, how obtained 1316
Trustees a body corporate 1305
Appointment of 135
Powers of 1306
Report to Governor 1312
Vacancy in board, how supplied, 1315
Treasurer to give bond 1311
Visitors, board of, number and ap-
pointment 1313
Report of visitors 1314
Academy for the Deaf and Dumb 1319-1333
Annual report of trustees 1329
Beneficiaries, who may be, and
how long 1330
Board of visitors 1323
Contracts, how made valid 1324
Day scholars may be admitted... 1331
Deaf mutes, how educated and
clothed 1326
Government of 1319
Laws made applicable to 1333
Persons entitled to be educated in,
and how long 1330
Principal, duty and power of 1321
Exclusive powers of 1322
Election and responsibilities... 1320
Subordinate officers, appointed
by .' . . 1321
Provisions of Code applicable to, 1333
Regulations to be made by princi-
pal 1321
School for the Deaf (see that title)
6349-6351
Secretary, election and duty of. . 1328
Subordinate officers, appointment
of 1321
Teachers may be educated 1332
Treasurer, how elected, and his
duties 1327
Trustees, annual report of 1329
Appointment of 135
Removable, how 1333
Vacancy in board, how filled 1325
Visitors, Governor may appoint. . 1323
Who may be educated, and how
long 1330
Acceptance.
Gifts, acceptance of 3565
Presumption as to quality in sales, 3557
Trust, acceptance of, necessary. . 3190
Acceptances.
(See Bills of Exchange.)
Assignment, pro tanto acceptance
is 3078
Exceptor of bill of exchange, who
is 3676
Of foreign bills, liability for
damages 3689. 3690
Suits against, how brought 6873
Liens of acceptors
2782 (11), 2812, 2819, 3880
Payable out of particular fund.. 3686
Writing, acceptance must be in, 2693 (8)
Accident (see Insurance, Accident.)
Injuries arising from, see note to, 2323
Insurance against, see note to. . . . 2119
(And see Insurance, Accident.)
Accident and Mistake (see Equity;
Mistake; see that title) 3968-3988
Accident Insurance Companies (see
Insurance Companies, Ac-
cident).
Accommodation Indorsements (see
Indorsements ; Promissory
Notes).
Partner's indorsement, outside
scope, invalid 2656
Surety merely, indorser is 2969
Accommodations Furnished by Carriers.
Equal, local law as to (see Rail-
roads 2268-2275
Accord and Satisfaction.
Consideration necessary to sup-
port 3734
Benefit to creditor, must be of. . 3734
Disputed title or doubtful claim 3734
Compromise binds both parties.. 3736
Definition of 3732
Extinguishment, when amount to 3733
When only to suspend or delay 3733
Less than debt, agreement to take,
not satisfaction 3735
Ac
INDEX.
420
CIVIL LAW.
Accord and Satisfaction — Continued.
New agreement, when amount to 3732
Torts (see title Torts) 3894-3897
Account.
Account and set-off in equity (see
Equity) 3990-3995
Auditors and their reports there-
on 4581-4603
Bill of particulars 4963, 5642
Books of admissible in defense,
when' 5182
Co-tenants, accounts between. . 3447
Fiduciaries to keep 3007
Interest computed on, when 2885
On accounts of administrators,
how calculated 3496-3498
Judgments on without proof, when 5078
Legislators, accounts of 312
Limitations of suits on 3768
Mutual accounts, what are 3769
Payments on, application of (see
Payments) 3722
Proof of in justices' courts 4130
Rank of, in paying decedent 3424
Stated account, how attacked. . . . 3994
Account and Set-off (see Equity)
3989-3996
Accretion.
Confusion of goods, accretion
in 3020, 3990
Land, accretions of belongs to
whom 3058
Accusation.
Right to have copy of (see Criminal
Laws) 5702
Acknowledgments.
Deeds, acknowledgment of 3620-3624
Mortgages, recording of 2731
New promises, when 3789
Payments on judgments, duty to
enter 5639
Service, acknowledgments in writ-
ing allowed 4983
Acquiescence.
Admission amounts to, when 5195
Acquittal.
Bar to second prosecution for
same offense 5705
Act of God.
Carrier, when excused by. . . .2264, 2265
Laws of property in suit caused
by 3919
Performance, excused by 3725
Actions.
Abatement of (see that title) ....
3825, 5031-5041
Death does not abate 5035
Actions heretofore commenced . , 4934
Administrator's bond, action on
(see Administrators) 3398 3501-3505
Agent may sue, when 3037
Amounts, etc., how set out 4942
Appearance and pleading cure
defects 4981
Assignable in what cases 3079
Attachment bonds, action on 5013
Bar of dismissed suit, when re-
lieved by renewal of suit. . . . 3786
Bid at judicial sale, suit for failing
to comply with 5467
Bill of particulars to be annexed
4963, 5642
Bind person or property, or both 4931
Bonds of officers, suits on, 12, 13, 256-265
Breach of contract, action for,
how brought 3793
Breach of contract of employ-
ment 3016
Certain forms of action pre-
served 4972
Children, suits for injuries to 2475
Civil actions defined 4932
Collateral issues, how tried 4948
Commenced in what manner, 4960, 4973
Common law governs as to evi-
dence and form of verdict... 4934
Concurrent suits 4945
Consolidation of cases 4943
Contract or tort 3903
Copies, exhibits, etc 4963
County, how sued 341, 342, 5924
Not liable to suit, when 341
Covenant not to sue 3714
Dates, etc., how set out 4942
Death of one of several defendants 5041
Definition of an action, 3076, 4930, 4932
Demand not necessary, when.... 4935
Dismissal of petition 4970
Informality not require 4971
May be dismissed at any time 5044
Retraxit differs from dismissal 5043
Suit for claims not interfered
with, by 4970
Distinction of, abolished 4931
Divorce, actions for, how brought 2432
Ejectment, law governing 4996-5008
Elect between several, plaintiff
compelled to 3737, 3739
Election between tort' and con-
tract 3903
Entry of sheriff may be traversed 4988
Equitable cause for action, suit at
law for 3834
Every right has a remedy 4929
Ex contractu and ex delicto claims
not joined : . 4944
Executors, suits against 3501, 3505
Express companies, suits against 2005
Figures used in pleading 4942
Filing petition, when filed and
when returnable 4984
Sanction not required before. . . 4973
421
INDEX.
Ac
CIVIL LAW.
Actions — Continued.
Time of, to be indorsed 4973
Foreign guardians, suits by 2594
Formal objections, not invalidate. 4994
Forms prescribed by Code, com-
mon law governs 4934
Gaming consideration, suit to re-
cover back money paid 3671
Guardians and sureties, suits
against 2536
Bonds of guardian, action on. . 2535
Implied obligations to pay 4936
Infant, suit by, not void 4947
Defect amendable 4947
Informality not require dismis-
sal . ..'. 4971
Informers, actions by, first pre-
ferred 3740
Initials, etc., how set out 4942
Insurance policy, copy need not be
annexed 4963
Joinder of legal and equitable
actions 4937
Against different persons 4938
Different claims may be joined 4944
Joint obligors, actions against. . . 5014
Plea of infancy by one 5011
Judgments, suits on, where
brought 5379
Justices' courts, actions in (see
Justices' Courts) 4116. 4125
Justices of the peace, suits against 4055
Limitations of,, law governing.3760-3778
Maker and indorser suits against 5012
Minors, served how 4987
Misjoinder of actions 4997
New cause of, not set up by
amendments 5099
Nonresident defendants, second
original for 4989
Nonsuit not to be awarded, when 4995
One of several defendants not
liable, suit proceeds against
others 5039
Order setting down case, not re-
quired 5063
Paragraphing of petition 4961
Parties (see Parties)
4939-4941, 5016-5034
How made pending action, 5016-5033
Parties to actions for torts 4940
Parties to actions on contracts 4939
Scire facias, parties made by,
when 5016, 5033
Partners, actions by or against (see
Partners) 2675, 5009, 5015
Penal action defined 4933
Parties to such actions 4933
Who is plaintiff in 4933
Person and property, action
against 2690, 3739
Petition, form and requirements
of 4960
Petition to be paragraphed.... 4961
Petition and process, law regulat-
ing 4960, 4995
. Process to be annexed 4974
Prosecution not affect right, when 3595
Remedies, power to frame 4929
Representatives of deceased ob-
ligor may be sued 5014
Retraxit, definition of 5042
Differs from dismissal 5043
Effect of 5042
Return of petition 4984
Sanction not required before fil-
ing 4973
Scire, facias, parties made by,
when 5016-5033
Second original where defendants
reside out of county 4989
Separately sue, parties must,
when 4946
Service of process, how made. . . . 4985
Service on nonresidents 4975
Service by publication 4976
Copy of petition to be filed 4979
Judge to determine if service
properly effected 4980
Perfected in what manner 4978
Sec. 4976 is supplemental 4977
Set-off dismissal not allowed to
prejudice 4970
Effect of dismissal on 3754
Tenant in common may sue alone 4941
Tort or contract 3903
Venue 4949:4954
Change of venue (see Venue) . .
4955-4959
Verification of petition, and
answer 4964
How certified 4966
Verification by plaintiff requires
such by defendant 4965
Wife, who may sue for torts to. . . . 2475
Acts of Congress.
Distribution of, to ordinaries . . 171
Acts of the General Assembly (see
General Assembly).
Appropriation bill to contain
what (see Appropriation Bills).
302, 303, 313, 5772, 5783
Bills to be filed 181, 308, 323
Code sections, how amended 5779
Distribution of 165-171
Filed, and engrossed, Acts to
be (see General Assembly) . . .
181 (1), 308-323
Local acts, notice of 314, 5778
Local and special laws, provisions
as to 5778, 5935
Majority of each house must
pass 5777
Ac-Ad
INDEX.
422
CIVIL LAW.
Acts of the General Assembly — Con-
tinued.
Passage of bills, law regulat-
ing 302, 313, 314
Read three times, must be 5770
Rejected once, proposed again,
how 5776
Secretary of State to keep
original 181, 308, 323
Signed in what manner, 5776, 5785, 5819
State, when bound by 3, 368
Title and subject-matter, provis-
ions as to 5771
Veto by the Governor 5819
Actual Fraud.
Denned 4025
Actual Possession.
Evidenced in what manner 3585
Ademption of Legacy (see Legacy).
Occurs, when 3332
Adjoining Owners.
Lateral support, right of ... .3047, 3048
Adjournments.
Arbitration, adjournment of 4494
Courts of ordinary 4253, 4262
General Assembly 5752, 5785, 5786
Superior courts 4342-4344
Adjourned terms of 4335
Must be five days before next
term 4346
Supreme court 5495, 5496
Adjutant-general.
Duties of 1097
Member of State Memorial Board, 6518
Ranks as a Brigadier-general 6517
Administration of Assets (see Equity).
3997-4005
Assets are legal and equitable. . . . 3997
Creditors' bills 2716, 4003
Direction, bills for 4000
Distribution of assets, legal and
equitable 3997
Partly legal and partly equi-
table 3998
Election, when compelled 4002
Equitable assets, creditor's right
to reach 4004
Equity will construe wills and
powers 3999
Will direct representative 4000
Joint and individual, how distribu-
ted 2660, 4005
Marshal assets, bills to 4001
Misapplication of all aiding lia-
ble ' ._3200
Receiver, appointment, duties,
_. etc 2716, 4904
Must account to the court 4908
Traced, assets may be 3201
Wills and powers, equity will con-
strue 3999
Administration of Estates (see Ad-
ministrators; Executors).
Advancement, law regulating. 3474-3478
Agents, expenses of, when al-
lowed 3474-3478
Appraisement of estates 3407-3414
Bonds, granted without adminis-
tration, when 3391
Commissions of executors,
3316, 3484-3492
Direction, bills for, lie when 4000
Dismission of executors, adminis-
trators, etc., 3316, 3484, 3409-3515
Distribution of estates 3464-3483
Division in kind, how made 3482
Division of lands in kind 3483
Equity not interfere with, when, 3999
Expenses of administration, prior-
ity of 3424
Granted in what county 3235
Unrepresented estates 4236
Husband takes wife's estate with-
out administration, when.... 3354
Investment of funds 3316, 3435
Jurisdiction as to granting. .3393, 4235
Letters of administration as evi-
dence 5213
Ordinary may grant 4232 4234
Tn what county granted 4235
Personalty vests in administra-
tor 3353
Realty descends to heirs 3081
Removal to another county,
3316, 3516-3520
Returns, law regulating, 3316, 3416-3420
Rules for granting 3367-3371
Sales by administrators, laws
regulating 3445-3463
Settlement with administrators,
etc 3315, 3493-3497
Sheriff, administration cast on,
when 4230
Title, how made by executors, ad-
ministrators, etc 3316, 3440-3444
Year's support to family
3465-3470, 6183
Landlord's lien for rent and sup-
plies 6183 (a)
Administrators (see Executors). 3359-3525
Abate suit, revocation of letters
does not 3404
Account with heirs 3406
Accounts, duty to keep 3007
Actions surviving to and against,
when 3825, 5035-5041
Advancements, accounted for in
what manner 3477
Definition of 3474
Donations not accounted for,
as 3474
Estimated in what manner 3478
423
INDEX.
Ad
CIVIL LAW.
Adm i n istrators — Continued.
Portions given in trust an ad-
vancement, when 3476
Proof of 3475
Support of child, etc., not to
be held as 3474
Amendments in suits by and
against 5106
Annual returns 3416
Defaulters to show cause 3420
Failing to be removed from
trust' 3420
Ordinary to keep docket of 3420
Voucher to be attached and
shall show what 3417
Answers and pleas of, must be
sworn to 5660
Appeals without paying costs, etc. 4464
Application . for administration,
how and where made 3393
Appointment of, order of preced-
ence in selection 3367
Rules for appointment 3367-3371
Appraisements, inventories, etc. . . 3407
Administrators cannot take
estate at 3415
How made and returned, 3409, 3413
Appraisers, administrator's duty
to show estate to 3407
Oath of appraisers 3412
Return of appraisers 3413
Arbitration, may submit to, 3428, 4475
Assignments, administrators may
join in 3429
Attachments against 4523
Attorney's fees, when allowed . . . 3434
Attorneys in fact, right to sell
by 3000, 3428
Bar of suits against, after ten
years 3772
Provisions apply to new sure-
ties 3400
Barred claim, authority of admin-
istrator to relieve 3433
Bond, administrator must give,
3373, 3396
Execution, how issued 3399
Provisions apply to new sure-
ties 3400
Execution returned nulla bona,
proceedings against sureties 3501
Filed and recorded, how 3397
Insolvency of sureties, ordi-
nary's duty 3402
Joint bond, sureties liable 3401
Principal failing to settle with
legatee 3502
Removal for failure to give bond 3373
Character of petition for re-
moval 3374
Suit on bond 3398, 3501-3503
Surety may be sued in first in-
stance, when 3503
Property of principal to be
exhausted first 3404
Service, how perfected 3505
Temporary administrator, bond
of 3360
Letters of 3359
Right to sue 3361
Time to be given 3375
Bond for title, cost, by whom
paid 3444
Intestate holding; procedure. . 3442
Vendor and vendee both dying, 3443
Bond for title of intestate 3440
Administrator to execute title,
when 3440
Notice and trial of such applica-
tion 3441
Bonds and written obligations,
rank of 3424 (8)
Business of deceased, authority to
continue 3436
Citation on application for ap-
pointment 3394
Person not citing, appointed,
when 3371
Claims at administrator's sales,
i 3458, 4630-4633
Co-administrators appointed when,
3367 (7)
Collection of debts 3426
Commissions, considered as part
of annual expenses 3497 (7)
Division in kind none allowed
for '. 3487
Forfeiture of 3491
Not entitled to, when 3487
No fund shall pay but once 3490
Compensation of 3484
Out of what fund paid 3484
Extra compensation of 3486
Compromises by creditors 3428
Authority to make 3429, 3430
Contract for labor 3437
Duty as to contracts of intes-
tate 3438
Contracts of deceased involving
personal skill 3438
Counsel fees, when allowed 3434
County administrators (see Ad-
ministrators, County) 3376-3392
County administrator as county
guardian 2521
Bond as such 2522
Creditor appointed, when.... 3367 (5)
Creditors, successive dividends to 3423
Administrator himself a
creditor 3423
De bonis non 3363
With will annexed 3364
When appointed 3363
Ad
INDEX.
424
CIVIL LAW.
Adm i n istrators — Continued.
When made a party 3439, 5026
Death of one of several not abate
suit 5037
Debts, collection of, by heirs,
creditors, etc 3427
Collection of, duty of adminis-
trator 3426
Liability for neglect 3426
Estate bound for 3425
Order of payment where there
is a will 3425
Paid within what time 3423
Priority of debts 3424
Rank and dignity of debt 3424
Debts of deceased as executor, ad-
ministrator or creditor, rank
of claim 3424 (5)
Defaulting administrators, ordi-
nary's duty 3402, 3420
Delivery in kind, no commission to
administrator allowed 3487
Discretion of ordinary as to ap-
pointment 3392
Dismission, duty of ordinary on
application for 3510
Discharge, when take effect . . 3512
How granted 3509
Letters dismissory without ad-
ministration of reversion, etc. 3513
Unclaimed fund, disposition of, 3512
Disqualified persons, who are. .3367 (8)
Distribution of estate, rules
of (see Administration of
Estates) 3464, 3478
Rules of inheritance 3355
Distribution in kind 3479-3483
Refunding bond, administrator
may require 3482
Division in kind, how made
3479, 3482, 3483
Division of land, ordinary may
direct 3483
Dormant judgments, rank of. .3424 (8)
Equity jurisdiction, when exer-
cised 3999-4001
Jurisdiction over settlement. . . 3495
Execution against, how issued,
3399, 3504
Provisions apply to new sure-
ties 3400
Returned nulla bona 3501
Executor pending caveat, entitled
to temporary letters 3367 (10)
Executors, law of, applies to 3316
Exempted from suit for twelve
months 3421, 3423, 3439
Expenditures and receipts, ascer-
tained how 3497 (7)
Expenses of administrator 3488
Of administration, rank of
claim 3424 (3)
Of agents 3492
Extra compensation of 3489
Fees and costs, year's support. . . 3471
Final receipts may be recorded.. 3499
Final settlement and receipts,
3493-3500
Foreign administrators 3521-3525
Exemplification of letters, etc.. 3522
Privileges in this State 3521
Protection of heir, etc 3523
Sale of land in this State, au-
thority 3524
Transfer of stock in this State. . 3525
Foreign judgments, rank of, 3424 (8)
Forfeiture of commissions 3491
Fraudulent discharge void 3511
Funeral expenses paid second, 3424 (2)
Garnisheed, when 4735
Garnishment, distributees' inter-
est, when subject to 4734
Granted to other persons than
those citing 3371
Grave of deceased, protection
of 3444 (2)
Guardian acts as, where ward
dies 2569
Heirs, collection of debts by 3427
May recover estate from admin-
istrator when 3358
Payment of debt by 3422
Rights of creditors against
heirs 3201, 3336, 3422
Suit by heirs against removed
administrator 3406
Husband or wife surviving, pre-
ferred 3367 (1)
Illegality filed by 4741
Inheritance, rules of 3355
Insolvency of sureties on bond,
ordinary's duty 3402
Instruments signed by one as,
binds him 2998
Interest chargeable against,
when 3496, 3497 (1-6)
Compound, how and when .... 3498
Interest made by administrator 3485
Rule for charging against, 3496, 3498
Inventory, removal of administra-
tor for neglect to make 3414
Inventory and appraisements, 3407-3415
Contest of, regulated 3410
Executed in what manner 3404
Execution or return unlawfully
delayed 3409
Joint inventory 3411
Made and returned, how,
3408, 3409 3413
Investments by administrators . . 3435
Duty in such cases as to re-
turns, etc 3435
In State secureties 3181
In lands 3432
425
INDEX.
Ad
Administrators — Continued.
Judgment against, form and ef-
fect of 3508, 5344
Rank of in administration of
estate 3424 (6)
Jurisdiction, in what county ap-
pointment made 3393
Labor, right to contract for,
when 3437
Legacies, application as to debts. 3425
Obligation as to debts 3424
Letters, order of precedence in
appointment 3367
Rules for granting 3367
Limitation of suits against 3772
Barred debts, when administra-
tor may pay 3433
Liquidated demands, rank of.. 3424 (8)
Married women can act 3368
May sue and be sued 3369
Minors, expenditure for, when
allowed 3431
Mortgagee, representative of, right
to foreclose 2768
Mortgages, rank of, in administra-
tion of estate 3424 (6)
Neglect of administrator 3414
Ne unques executor, plea of 3506
Next of kin entitled to appoint-
ment when 3367 (2)
Several in same degree, selec-
tion, how made 3367 (3)
Non est factum, plea of by admin-
istrator 5660
Nonresident not qualified . ., 3365
Exception to rule 3366
Returns of 3419
Notice of claims, creditors fail-
ing to give 3421
Notice to creditors 3421
Oath of administrator 3395
Oath of appraisers 3412
Ordinary may be administrator,
when 4228
Election as such, causes trust
to cease 4229
Parties made by scire facias. .5016-5023
Administrators of claimant,
when made a party 5645
In supreme court 5626
Partition, order for 3480
Shares of distributees and lega-
tees not presently entitled... 3480
Return of appraisers 3481
Objection sustained, new divi-
sion ordered 3481
Payment of debts by 3421
Administrator allowed twelve
months 3421
Creditors to give notice of
claims, effect of failure 3421
Time of 3421 3423
CIVIL LAW.
Payment of debts by heirs 3422
Persons entitled to an estate,
may select when 3367 (6,9)
Physician's bill and expenses of
last sickness 3424 (2)
Pleas peculiar to 3506, 3507
Defense which testator could
plead 3507
Plene admin is travit 3606
Plene administravit praeter 3606
Possession of estate, right to. .
3081, 3357, 3358
Preference, none expressed, ordi-
nary's discretion 3367 (4)
One offering security preferred. 3372
Priority of debts 3424
Proceedings to remove trust to
another county 3516-3520
Promise to answer out of own es-
tate 2693 (1)
Promissory notes, etc., rank of. 3424 (8)
Purchase by at appraised value,
forbidden 3415
Must account for true value. . . . 3415
Purchaser from heirs, adminis-
trator may sue, when 3358
Qualifications of 3365
Exceptions 3366
Rank and dignity of debts 3424
Receipts in final settlement, at-
testation and effect of .^ 3499
Refunding bonds, when to be
given 3482, 3500
Release debts, administrator's
power to 3428
Removal of administrator, account
in such cases 3406
Abate suit, removal does not. . . 3404
Removal of one administrator
vests the trust in another. . . . 3405
Removal for failure to give
bond 3373
Removal, character of petition
for 3374
Time to be given 3375
Removal of proceedings to another
county 3516
Procedure in such cases.. 3516-3520
Removal of suits 3517
Bond, administrator not re-
quired to give 3519
Preceding provisions apply,
when 3518
Sureties, how liable 3520
Rent, debts due for, rank of. . .3424 (7)
Representative character of par-
ties may be stricken by
amendments 5106
Resignation of 3515
Minors allowed five years to ob-
ject 3515
Ad
INDEX.
426
CIVIL LAW.
Admin istrators — Continued.
Returns of administrators, non-
residents, returns of.... 3316, 3419
Prima facie evidence of correct-
ness, when 3418
Returns, annual, how made. . 3416
Docket of returns to be kept 3420
How allowed and recorded. 3418
Of deceased administrators
3316, 3419
Of nonresidents 3316, 3419
Returns and vouchers, ordinary's
duty as to 3418
Vouchers must accompany re-
turns 3417, 3418
Returns of appraisers 3413
Reversionary interest unsold — let-
ters of dismission 3513
Sale during life of widow, pro-
hibited, when 3514
Revocation of letters, not abate
suits 3404
Sales by administrator (see Ad-
ministrator's Sale) 3445-3462
Noncompliance with bid.. 5466, 5467
Sales by trustees, same rules gov-
ern 3173
Service, where administrator is
out of the state 3505
Set-off of debt against intestate.. 3751
Settlement, basis of 3497
Before the ordinary 3493
Made and enforced how 3494-3500
Equity jurisdiction over....... 3495
Several administrators, complaint
against one 3405
Sheriff, when appointed 4230
Special cases, appointment in. . . . 3391
Successive dividends to creditors. 3423
Successor of administrator, etc.,
may be made party 5018
Suits against 3501-3505
Sureties on bond, liability of . . . .
3398,3403,3501-3503
Additional sureties required,
when 3400
Surviving partner rights of 2647
Survivorship amongst 3370
Rights of surviving adminis-
trator 3370
Taxes, rank of claim 3424 (4)
Temporary administrator, letters
granted when 3359, 3361-2, 3367
Bond of temporary administra^
tor 3360
Executor, pending caveat, en-
titled 3367 (10)
Time of payment of debts 3421, 3423
Titles, receiving and making bonds
for title 3440-3444
Traveling expenses of 3488
Twelve months allowed, to look
into estate 3421
Twelve months' exemption from
suit 3421, 3423, 3439
Unclaimed funds, how disposed of
on discharge 3512
Unfit, administrator becoming,
ordinary's duty 3402
Vouchers to accompany returns. .
3417, 3418
Shall show what 3416
Warranty, administrator cannot
bind estate by 3456
"Waste by, ordinary's duty 3402
Will annexed, powers of adminis-
trators with 3309, 3460
Such administrator, when ap-
pointed 3309, 3364
Witness, competency as 5269
Year's support to family (see
Year's Support) 3465-3473
Continued, when 3466
First paid 3424 (1)
Mortgage for purchase money
prevails over 3472
Provision in lieu of 3469
Return of appraisers 3467
Title to property set apart.... 3468
Two sets of children 3470
Widow may pay debts 3473
Administrators, County 3376-3392
Administration, how vested in. . . . 3381
Not necessary, when 3381, 3388
Appointment of 3376
Bond of 3377, 3383
Failure to give new bond 3386
New bond may be required. . . . 3384
Order therefor 3385
Strengthened, or letters revoked
when 3383
Clerk of superior court appointed,
when 3379, 3389, 3390
Value of estate less than legal
exemption 3381, 3390
Exemption legally allowed, exceed-
ing value of estates 3381, 3390
Letters, special cases, how grant-
ed in 3391
Rules governing ordinary in
such cases 3392
Separate letters for each estate. 3382
Liability of, and rules governing. 3382
One for each county 3376
Order appointing first on minutes. 3378
Qualifications of 3379
Resignation of office 3381
Term of office 3380
Expired, must continue to act. 3387
Unnecessary administration is,
when . . ' 3381, 3388
Value of estate not exceeding sum
legally exempt 3381
427
INDEX.
Ad
CIVIL LAW.
Administrators de Bonis Non 3363
Party to suit, may be made. . . . 5026
With will annexed 3364
Administrator's Sales.
Adverse holders, how affected. . . . 3457
Advertisement of 5457, 5458
Bid at, failure to comply with.5466, 5467
Choses in action, sale of 3449
Claim, where and how tried. .3458, 4630
Executors' sale, law of, applies to
administrator 3316
Insolvent papers, sale of 3449
Land lying in two counties 3455
Land sales, when and where made
3450, 3452
Liens divested by sale 3453
Perishable property, sale of 3445
Order for sale, when valid 3445
Private sale against public policy. 3459
Recitals in deed, evidence of com-
pliance 3454
Return of sales 3462
Stock of banks, railroads, etc.... 3451,
Manner and place of sale 3452
Terms of sale 3447
Credit given, administrator acts
at his own risk 3447
Diligence of administrator pro-
tects him 3447
Terms must be stated 3461
Time and manner of conducting. 3446
Good faith required by admin-
istrator 3446
Void and voidable sales 3463
Warranty by administrator, ef-
fect of 3456
Wild lands, sale of 3448
Will, sale under 3460
Leave to sell, when required 3460
Admission to the Bar.
Application for admission 6311 (2)
Applicants for admission 6305
Board of examiners, appointment
of 6302
Oath of members 6304
Order appointing 6311
Term of office 6303
Vacancies in office 6303
Certificate and license 5633
Certificate of board 6311 (7)
Form of certificate 6311 (7)
Certificate of character 6307
Examination of applicants 6306
Expenses, how paid 6311 (11)
Form of order entitling the appli-
cant to be licensed 6311 (8)
Duty of clerk on receiving such
order 6311 (9)
Judge's duty on receiving certifi-
cate 6311 (8)
Duty to transmit papers 6311 (6)
Unable to attend, he may pro-
cure another judge 6311 (2)
Law school graduates, etc 6308
License, how granted 6309
Form of license 5633
List of questions 6311 (1)
List to be securely kept.... 6311 (3)
Copies furnished to judges.. 6311 (3)
Mode of conducting examina-
tions 6311 (4)
Oath of applicant 6311 (5)
Passing upon the examination. 63 11 (7)
Precautions to insure secrecy.6311 (1)
Publication of acts and rules. 6311 (10)
Rules to be prescribed by supreme
court 6310
Rules for ". . . 6311
Time and place of examination. 6311 (2)
Admissions and Confessions (see
Confessions, in Penal Code).
Acted on, work estoppel 5150
Admissions refer to civil cases. . 5187
Agent, admissions of, when ad-
mitted 3034, 5192
Attorney and client, commujiica-
tions to T. . . 5199
Attorney in fact, admissions of,
when admitted 3034, 5192
Compromise, admissions made
with a view to 5194
Confessions refer to criminal cases
(see Penal Code) 5187
Confidential communications 5198
Constraint, admissions obtained
by 5194
Continuances avoided by admis-
sion of facts 5130
Demurrer, admissions by 5048
Drunkenness, admissions obtained
by 5194
Entire conversation admissible. . 5196
Evasive answer, amounting to.5054, 5157
Executor and legatee, admissions
of, good against will 3296
Failure to answer letter as an ad-
mission 5155
Fraud, admissions obtained by. . 5194
Grand jurors may disclose, when. 5200
Husband and wife, communica-
tions between 5198
Improperly obtained 5194
In judicio 5150
Parties to the record, admissions
of admitted, when 5189, 5190
Pleadings, admissions in, how far
evidence 5051, 5188
Privies, admissions of 5193
Real parties in interest, admis-
sions admissible 5190
Scanned with care 5197
Silence, effect of 5155, 5195
Ad-Af
INDEX.
428
CIVIL LAW.
Admissions and Confessions — Continued.
Strangers, admissions, when ad-
mitted ' 5191
Weight of this class of evidence. 5197
Adoption of Children.
Adult person, adopting of 2499
Mode of adopting child 2497
Objections by relations 2498
Adulterated Drugs and Liquors.
Drugs and medicines 1500
Purchaser of, may sue, when.... 3865
Seller liable* for damages, when
(see Penal Code) 3865
Adultery and Fornication.
Divorce on account of 2426 (6)
Dower lost by 4689 (6)
Husband's action for adultery
with wife 3869
Marriage, how proven in suits for. 3869
Witnesses, exceptions of § 5269 not
apply to 5272
Adults.
Adopted in what manner 2499
Names of, how changed 2499
Advancements (see Administrators;
Executors).
Accounted for in what manner. . 3477
Definition of 3474
"Estimated how . 3478
Portions in trust are advance-
ments 3476
Proof of advancements 3475
Adverse Possession (see Possession).
Administrator cannot sell in face
of 3457
Declarations admissible to prove. 5180
Deed made pending, not void. . . . 3605
Processioners must respect, when
3247, 3248
Proscription, what necessary to
support 3584
Seven years' possession gives title,
when 3589
Tenant in common holds, when. 3145
Title by seven years' possession. . 3589
By twenty years' possession... 3588
Twenty years' possession gives
title 3588
Unavailing, when 3593-3595
Advertisement (see Judicial Sales;
Levy and Sale).
Administrator's sales 3452
Citations, notices, etc., advertised,
how 5458
Costs, when payable in advance. 5459
Contracts, officers to make.. 5462, 6204
County contracts, advertised be-
fore letting 344, 346, 368
Executions, sales under 5457
Local legislation, law regulating
advertisement 314, 5778
Medium of, how changed
Mortgaged property, advertise-
ment of
Perishable property, sales of. 5463-
Rates of, law prescribing
Rate where rates cannot be
agreed on
Service by publication (see Serv-
ice) 4976,
Advertisement of Judicial Sales (see
Sales, Public) 5457
Advice of Counsel.
Disclosure forbidden
Release from damages, advice
does not.
5460
2757
5465
5461
5462
4979
5462
5199
4420
Affidavit.
Agent may miake, when 3035
Amendment of . . . .5057, 5120, 5122, 5124
Answer in equity, form of affidavit
to .' 5693
Appeal by, when allowed 4465
Assignee's, as to correctness of
schedule 2704
Attachments, affidavits to obtain
4511, 4528, 4540. 4543
Attestation, where made out of
the state 6213
Attorneys' authority to make. 4417, 5059
Certiorari, affidavit to obtain 4638
Bond in lieu of 4641
Default, affidavit to open 5072
Exceptions in attachment and
claim cases 4618, 5644
Illegality, affidavit amendable. . . . 5120
Law concerning 4736-4742
In forma pauperis 4465, 4618
In claim cases 4618
In supreme court. .. .5552, 5553, 5613
Injunctions, affidavits to obtain. . 5323
Mortgage, foreclosure on person-
alty 2753, 2760
Motion for new trial, affidavit on.
5233, 5481
Notice to produce, response to. . . 5678
Oaths, court may administer. .4047 (5)
Out of state, affidavit before whom
made 5060, 5062
Pauper affidavit 4465,
...4618, 5124, 5552, 5553, 5613, 5881
Petition sworn to requires verified
plea 5055
Pleas to action on contract, form
of affidavit to 5655
Witnesses, not a party, affidavits
how obtained 52.33
Defaulting witness, how punish-
ed 5328
Diligence as to witnesses. ..... 5481
Fees of officer for taking affi-
davit 5326
Female witnesses 5325
Witness residing out of county. 5324
429
INDEX.
Af-Ag
CIVIL LAW,
Affirmation.
"Oath" includes 5
Affirmative.
Affirmative testimony better than
negative 5165
Burden on party holding 5160
Negative testimony, when equiva-
lent to 5160
"Aforesaid" and "Preceding" de-
fined 5
Agency (see Agent; Principal and
Agent) .
Corporation agency, how created . 3002
Created in what manner 3002
Illegal purposes, agency for con-
fers no rights 3018
Ratification, law as to 3019
Revocation of agency 3003
Agency coupled with an inter-
est 3003 (1)
Appointment of new agent. .3003 (1)
Creditor advancing on pledge of
stock 3003 (2)
Made after ratification, forbid-
den 3019
Wife's agency for necessaries pre-
sumed 2477
Proved, must be in what cases. 2479
Agent (see Master and Servant;
Principal and Agent).
Accounts, agent's duty to keep. . . 3007
Acknowledgment of service by... 4983
Action by. under contract, exceed-
ing his authority 3042
Acts which may be done by
agents 2999
Acts of, bind principal, when. . . . 3021
Admissions of, when admitted 5192
Affidavit, agent may make 3035
Another agent, injuries by 3020
Appointed agent, who may be 3001
Attachment affidavits made by.. 4513
Authority of, extent 3023, 3035
Private instructions or limita-
tions 3023
Benefit of contract, principal en-
titled to 3032
Bond, agent may make, when 3035
Breach of contract, suit on 3016
Subsequent earning in mitiga-
tion of damages 3017
Buy or sell for himself, agent can-
not 3010
Co-agent, injuries by 3030
Commissions and expenses of..,.. 3014
Violating contract, entitled to
none 3014
Concealments by 3026
Contracts by agent, under statute
of frauds 2693
Contracts with, in his own name
3037 (3)
Corporation can create how .... 3002
Creating agency, act of, how exe-
cuted 3002
Credit given to agents 3025
To whom given 3039
Deal with himself, agent cannot. . 3010
Declarations of, when admissible
3034, 5192
Delegate authority, agent cannot. 2999
Deposit by, principal may follow. . 3005
By agent, bank failing 3008
Descriptio personae 2998
Diligence of agent 3009
Discharge pending term 3016
Subsequent earnings in mitiga-
tion 3017
Disclose principal, failure to 3024
Earnings of discharged agent, in
mitigation of damages 3017
Estoppel on, to dispute principal's
title 3012
Exceeding authority, liability for
3041, 3042
Feme covert cannot be. when 3001
Foreign insurance companies,
agents of must obtain license. 2139
Form in which agent acts immate-
rial 3022
Formality of creating 2997, 3002
Governor's authority to appoint. . 136
Illegal payments by agents, recov-
erable 3033
Illegal purpose, no agency created
for 3018
Instructions, duty to obey 3004
Unreasonable instructions .... 3004
Instruments signed by one as,
binds him 2998
Liability of, for unauthorized acts. 3035
Limitation on authority of 3004
Mingling goods, effect of 3020
Mistake of agent 3033
Payments by agents by mistake,
when recoverable 3036
Money deposited by, principal may
follow 3005
Negligence of, principal bound,
when 3029
Notes made payable to 3037 (2)
Notice to 3027
Not bind principal, when 3028
Overseers, form of law as to 3043
Partnership, duty of agent of . . . . 2652
Contradictory instructions, ef-
fect of 2652
Payment, authority of agent to re-
ceive 3006
Before notice of agent's claim.
3037 (5)
Ag-Al
INDEX.
430
CIVIL LAW.
Agent — Continued.
Payments by, illegally made, re-
coverable 3033
Payment to, binds principal, when. 3717
To agent, who has not the evi-
dence of the debt 3006
Personal profit, agent cannot
make 3011
Personal trust 2999
Persons who may be agents 3001
Plea, authority to swear to 5059
Possession, agent having, may sue
for interference 3038
Power coupled with an interest.. 3004
Principal bound for fraud of agent 3029
Tort of one agent to another,
when principal bound for. 2 6 10, 3030
Private instructions or limitations 3023
Public agents, liability of 3040
Public not estopped by illegal acts
of 268
Ratification, effect of 3019
Revocation of, prohibited 3019
Partial, not allowed 3021
Relates back to act ratified. . . . 3019
Reasonable instruction, duty to
obey 3004
Relation arises, how 2997
Representations by 3026
Right of action, agent has none. . 3037
Exceptions to rule 3037
Rights and liabilities of agents as
to strangers 3035-3042
Service, authority to acknowledge. 4983
Several persons appointing one
agent . ■ 3013
Special confidence reposed 2999
Subsequent earnings in mitigation
of damages 3017
Sue in his own name, when 3037
Swear to plea, agent may, when. . 5059
Title of principal, cannot dispute. 3012
Trespass of agent 3031
Unreasonable instructions 3004
Violating contract forfeits com-
missions 3014
Voluntary agent, liable only for
gross neglect 3009
Wife's, as to necessaries 2477
General agency of wife 2479
Witness, agent is competent 3034
Words of description 2998
Wrongful transfers by agents. . . . 3033
Agreement.
Attorney's agreement, how far
bind client ". . 4417
Must be in writing 5651
Judgments, agreement not to en-
force 5445
Pleading, agreement to dispense
with illegal 5652
Temporary change in contract,
new agreement, when 3642
Voluntary agreement, not en-
forced ' 4039
Writing, agreement which must be
in 2693, 2694
Agriculture (see Commissioner of
Agriculture) .
Department of, law concerning. . .
, 1789-1794
Fertilizer, name of brand to be
filed with commissioner (see
Fertilizers) 1551
Agriculture and Trade.
Regulations concerning 1551, 1741
Agricultural Products.
City's right to regulate weighing,
etc 1607
Combines and trusts, law as to,
not apply to 6470
Sale of, regulations concerning. .
1601, 1609, 1634, 3546
Scalesmen, weighers, etc 1601, 1609
Tare on rice 1604
On other articles 1605
Taxed, cannot be, by towns, etc.,
until three months 1608
Salesmen shall not charge7tax. 1609
Title passes, when 3546
Weights, legal weight of, declared. 1634
Air and Light.
Prescription for, not allowed 3046
Alias Executions (see Executions).
Issue, when and how 4552, 4755
Mistake, issue of in cases of 5115
Aliens.
Attorneys at law, when eligible. . 4399
Definition of aliens 1814
Liens, right to enforce 1818
Militia duty, not subject to 1819
Realty, rights of, as to 1816
Sue and testify, right to 1817
Sued, when 4954
Testify and sue, right to 1817
Aliens and Residents (see Resi-
dents and Aliens) 1813, 1819
Alimony (see Divorce) 2456, 2472
Bill of exceptions and proceedings
thereon 2468
Children, alimony for, on final
trial 2462
Judgments for how enforced . . .
2459, 24,63
Support and custody of, pending
suit for divorce 2461
Cohabitations, subsequent, effect
of 2471
Custody and support of children
pending suit for divorce 2461
Decree in equity 2466
Defined 2456
431
INDEX.
Al-Am
CIVIL LAW.
Alimony — Continued.
Discretion of judge 2458
Divorce proceedings not pending,
grant of alimony 2467
Transfer pending suit for di-
vorce 2436
Enforcement of order 2459, 2463
Equity, decree in 2466
Fast bills of exceptions 5540
Husband's estate, wife's interest
in 2472
Husband's liability for necessaries
before the alimony granted . . 2469
His liability after alimony grant-
ed 2470
Husband's voluntary deed 2465
Interest of wife in husband's es-
tate 2472
Judgments, how enforced. . . .2459, 2463
How excepted to 2468
In favor of children 2463
Judgment, how excepted to.... 2468
Liability of husband for necessa-
ries before alimony granted. . 2469
His liability after alimony grant-
ed 2470
Merits not in issue 2460
Permanent alimony, granted,
when 2464
Permanent and temporary 2456
Proceeding for alimony before
judge 2467
Proceedings to obtain 2457
Revision by court, subject to.... 2459
How enforced 2459
Separation and no divorce suit —
alimony in cases of 2467
Subsequent cohabitation, effect
of 2471
Support and custody of children
pending suit for divorce 2461
Temporary alimony, how obtained. 2457
Order for, how enforced 2459
Revision of such order 2459
Temporary and permanent 2456
Voluntary deed of husband 2465
Wife's interest in husband's es-
tate : 2472
Allegata and Probata (see Pleading).
Formal variance not require dis-
missal 4995
Allodial tenure 3051
Alteration.
Effect of 3702
Explaining alteration 5242
Must be explained, when 3704
Fact of, for the jury 3703
Materiality of, for the court 3703
Materiality, proof as to, before ad-
mitting in evidence 3704
Mistake, alteration made by 3702
Stranger making 3702
Unintentional alteration 3702
Written contracts, effect of altera-
tion 3702
Altering Public Road.
Penalty for 570
Alternative Road Law (see Roads
and Bridges) 573-583
Amalgamation.
Marriage of races forbidden 2422
Ambiguities.
Parol evidence admissible to ex-
plain 3675 (1), 5202
Wills, ambiguities in, may be ex-
plained 3225
Writings, ambiguities in explain-
able '....3675, 5202
Ambulance and Hospital Corps (see
Volunteer Forces) 1137-1141
Amendments.
Acknowledgment of service. 5109
Affidavits the foundation of legal
proceedings, amendable 5122
Allowed at any stage 5097
Amending party put upon terms. . 5101
Answer, amendment of 5056, 5057
Verification of, when required. .
5056, 5057
Appeal, affidavit to, amendable. . . 5124
Appeal and other bonds 5123
Attachments and returns thereon. 4564
Auditors, cases before 4583
Bill of exceptions (see Supreme
Court) 5570, 5575
Bonds, amendment of 5123
Charters 1836, 1840, 2350 (6), 5799
Clerical mistakes amendable 5125
Constitution, how amended. .5940, 6009
Continuance, when amending
party entitled to 5127
Charged to amending party,
when 5128
County court, amendments in.... 4203
Court of ordinary, amendment in.
4256, 4268
Details and circumstances may be
shown by 5098
Discretion of court, and rules
therefor 5119
Of judge in allowing time for
making 5045
Effect of, in equity 5068
Time for answering allowed 5068
Enough to amend by 5098
Equitable proceedings, right to
make 4835, 4961, 4971
Executions may be amended 5114
Mistakes in execution amend-
able 5115
Foreclosure affidavits amendable. 5122
Illegality, affidavits of, amend-
able 5120
Am-An
INDEX.
432
CIVIL LAW.
Amendments — Continued.
Issue of personal property sued
for, may be included by 5100
Joint plaintiff sued, one or more
may be stricken 5105
Judgments, amendment of 5113
Jurisdiction may be shown by
amendments 5098, 5107
Misnomers amendable instanter.. 5102
Mistakes of officers 5125
New cause of action not allow-
able 5099
New matter not set up by de*
fendant after first term 5097
Exceptions 5097
New parties not allowable 5099
New trial, amendment by adding
new grounds 5121
Official entries amendable 5116
May be made nunc pro nunc 5117
Omission of jurisdiction amend-
able 5107
Omitted facts, when supplied by. . 5098
One or more defendants may be
stricken 5104
And so as to plaintiffs 5105
Orders on minutes amendable 5119
Ordinary's courts 4268
Parties added by 5103-5105
Partners, names of may be added
instanter by amendment 5103
Pleadings amendable at any stage.
5045, 5097, 5098
Amended before auditor 4583
When not allowed 5099
Pleas, when amendable 5045, 5097
Verification of amendment to. .
5055, 5057, 5655
Proceedings of court amendable
nunc pro tunc 5119
Process and orders, amendment
of 4047, 5109, 5118
Void process or none at all, can-
not be amended, when 5109
Records, amendment of
4047, 5118, 5119
Representative character of par-
ties may be changed 5106
Returns of officers amendable 5116
May be made nunc pro tunc. . . . 5117
Scire facias amendable 5108
Service, amendment of 5109
Terms, amending party may be
put upon 5101
Usee's name added by 5105
Verdict, amendment of 5110
After dispersion of jury 5111
Where part is legal and part il-
legal 5112
Verification of amendment in
pleadings 5055, 5057, 5655
Waiver ot service 5109
Analysis.
Fertilizers (see Fertilizers) 1551
Ancient Boundaries.
Proved in what manner 5185
Ancient Documents.
Admissible in evidence, when.... 5184
Ancient deeds, need no proof,
when 3610
Ancient Lights.
Prescription for, not allowed 3046
Animals (see Cattle; Livestock).
Abandoned and diseased, how
dealt with 1755
Dogs taxed by village 700
Estrays and protection of 1742, 1755
Increase follows mother 3075
Lien on increase of 2811
Vicious, owner's liability for in-
juries by 3821, 3822
Wild animals, property in 3073
Annual Reports (see Reports of Offi-
cers).
Annuities.
Charged on land, follow the land. 3067
Answer at Law (see Defenses;
Plea and Answer).
Dilatory answer must be sworn to. 5058
Filed at first term, must be 5052
Contents of plea or answer 5052
General issue, not allowed 5053
None filed judgment by default. .
' 5777, 5078
Paragraphs of petition to be sepa-
rately answered 5051
Petition and answer make issue. . 5067
Pleas, law regulating (see Plea
and Answer) . .3701, 3760, 5059, 5096
Pleas in cases of tort 3891, 3904
Special answer, when necessary.. 5053
Stricken, no part of answer to be.. 5065
Answer in Equity (see Equity)
5045-5078
Admissions in answer 5056, 5150
Affidavit to answer, form of 5693
Amendable when 5056, 5057
Amended appeal, answer to 5068
Amendment must be sworn to,
when 5056, 5057
Co-tenant's answer, when evidence. 2952
Answer used as 4969
Co-defendant's answer, when evi-
dence 3952
Contents of 5061
Cross bill, answer used as 4969
Demurrer to 5050
Discovery sought full answer re-
quired ' 3948
Evasive answer 5054, 5157
Evidence, answer is, how far. . . .
3946, 3950, 5056
In injunction cases 4926
.
433
INDEX.
An-Ap
CIVIL LAW.
Answer in Equity — Continued.
Exhibits to answer 4963, 5695
Filed at what time 5045, 5047, 5052
Overcome in what manner. .5061, 5156
Privilege of party 3947
Responsive, when 3951
Verification of answer, when re-
quired . . 4964, 4965, 5055, 5056, 5062
Verification of amended answer. . 5057
Antenuptial Contract (see Marriage
Contracts).
Law governing 2480, 2487, 2693
Apothecaries (see State Board of
Pharmacy) .
Law governing 1492-1503
Appeals.
Affidavit, amendments of affidavit
to 5124
Affidavit in forma pauperis 5632
Appeal from one jury to another. . 5847
Attorney or officer not to be
taken as security 5641
Attorneys may enter 4417, 4457
Entered by attorneys in fact. . . 4457
May sign bond for principal. . . . 4459
Bonds, amendment of 5123
Condemnation proceedings, appeal
in cases of '. . . 4678-4686
■ Confess judgment and appeal,
right to 5361
Continuance on the appeal. .4208, 5137
Corporations, appeals by 4460
Costs, appellant must pay 4458
Executor's appeal without pay-
ing 4464
County court, appeals from
4214, 4216, 4453
Appeals lie in what cases 4453
Court of ordinary, appeals from . .
4454, 4466, 5852
Damages for frivolous appeals .... 4473
Days not counted 4456
Death of party before appeal
entered , . , 5023
Appeal revives the suit 5023
Judgment where no appeal is
entered 5023
De novo investigation, appeal is. . 4469
Defense to be in writing in su-
perior court 4139
Effect of 4469-4471
Entered within four days 4455
Sundays and holidays not
counted , 4456
Exceptions to the security on the
appeal, when to be taken. . . . 5632
Execution suspended by 5415
Executors appeal without paying
costs 4464
Financial agents, appeal, how
entered by 4464
28— Ga. Code
Foreclosure of lien, judgment on
as in appeal cases 2817
First judgments prevent aliena-
tion 5352
Forma pauperis, appeals in
4465, 5632, 6192
Homestead, appeal in cases of... 2838
Joint contractors, appeals by.... 4460
Judgment, all bound by 4462, 5352
Exceptions 4462
Judgment suspended but not va-
cated 4470, 5340
Judgment on, how signed 5342
Withdrawn, prior rights at-
tached 4470
Jury, appeal from one to another, 5847
Justices' court (see Justices'
Court) 4138-4149
Appeals from, to superior court, 4453
Justices must transmit appeals, 4468
Killing stock by railroads 2256
Lies in what cases 4453
One or more may appeal 4461
All bound by final judgment. . . . 4462
Ordinary, appeals from court of. . 4454
Appeal from, how entered 4466
How transferred 4467
Partners and joint contractors, ap-
peals by 4460
Persons who may enter 4457
Pilotage, commissioners of, ap-
peal from 1680
Private ways 680
Security, liability and recourse of, 4463
Right to appeal to the courts
guaranteed 5701
Suspends judgment 5340
Time within which to be entered,
-4455, 4456
Tried, when and how 4143, 4472
Withdrawn in what manner.... 4471
Appearance and Pleading (see Plead-
ing).
Waiver of process, when........ 4981
Appearance Docket.
Call of, at first term 5045
Marking of entry of "In default," . 5069
Appearance Term.
Call of appearance docket. . . .5045, 5069
First term is 5052
New parties, appearance term
as to 5020
Service too late for 4992
Application of Payments (see Pay-
ments).
Law regulating 3722
Appointments (see Powers).
Agents, appointment of 3002
Equity jurisdiction over powers
of 4017 4023
Ap-Ar
INDEX.
434
CIVIL LAW.
Appointments — Continued.
General assembly, members of, not
appointed to office 5754
Governor, appointments by
5817, 5818, 5863, 5907
Offices, appointments are, when.. 132
Trust or honor, persons ineligible
to 5738
Senate once having rejected 5818
Apportionment.
Contracts, apportionment of al-
lowed 3644
Deficiencies in sale of lands 3542
Equity will decree, when 3993
Partial failure of consideration. .
3541, 3665
Representatives, apportionment of. 5747
How and when changed 5748
Tenant and remaindermen, appor-
tionment between 3992
Apportionment of Taxes (see Taxes).
Appraisement of Estates.
Law regulating 3407-3414
Apprentices (see Master and Servant).
Civil action for enticing away... 2609
Employing apprentice of another,
actionable 2601, 2609
Labor of, belongs to master 2608
Law governing 2598, 2608
Ordinary's jurisdiction as to,
2605, 4232 (12)
Persons who may bind themselves
out as 2598
Pilots, term of service 1683
Right of action against person
employing ..2601, 2609
Approach.
Defective, owners liable for 3824
Ways of to be kept safe 3824
Appropriation of Payments (see
Payments).
Law governing 3722
Appropriations (see General As-
sembly) .
Bills for raising revenue or appro-
priating money originate in
House only 5773
Bonded debt of the State ,. . . . 1008
Surplus, how applied 1009
Book of, to be kept 141, 206 (1), 212
Confederate Soldiers' Home of
Georgia 6567
Explanatory note 6037
General appropriation bill to em-
brace what 5772
Other appropriations made by
separate bills 5772
Money drawn from treasury limit-
ed to 5774
Pending bills go over to next ses-
sion 307
Pensions for 1898 6564, 6565
Pensions for 1900 '. 6566
Public money not drawn from
treasury without 5774
Record of, kept by Comptroller . . 212
Revert after six months 199 (15)
Statement of, to be published 5774
School appropriations, put in
general bill 5772
Sects, appropriations in favor of,
forbidden 5711
University of Georgia 5911
Veto, Governor may 5819
Yeas and nays to be called on pes-
sage of bills 5775
Record to be kept of 5774
Appropriation Bills.
Book of, to be furnished annually
by the Clerk of House 302
Contents of 302, 303, 313, 5777, 5783
General bills, contents of 5772
Originate in House of Representa-
tives 5773
Permanent appropriations includ-
ed in general bill 303
Registered, bills to be 302
Resolutions appropriating money, 313
Sects, appropriations in favor of,
forbidden 5711
Special appropriations require
special bills 5772
Unfinished, go over to next ses-
sion 307
Veto by Governor 5819
Approximation.
Bequests when effectuated by,
3338, 4007
Arabic Numerals.
Use of, in pleading 4942
Arbitration (see Arbitrament and
Award; Tax Returns).
Tax returns, arbitration of
807, 812, 813, 840
Arbitrament and Award.
Arbitration limited by submission, 4477
Award, requirements of 4479
Must be by arbitrators or the
umpire 4479
Shall cover all matters sub-
mitted 4477
Award covering too much .... 4477
Valid in part only 4480
Binding force of award 4474
Common law award 4474-4484
Costs, how fixed 4507
Defense, for action for tort 3902
Fiduciary agents may submit
to 3428, 4475
Fraud as affecting 4032, 4484
Frauds may be suggested at re-
turn term 4504
Issue, how made up and tried.. 4504
435
INDEX.
Ar
Arbitrament and Award — Continued.
General submission 4478
Guardians may submit to 4475
Mistake vitiates award, when 4483
Parol submission 4476
Must be in writing, when 4476
Pending litigation, how referred,
4482, 4485
Reference pendente lite 4482
Setting aside an award 4483
Statutory award 4485-4509
Adjournment from day to day. . 4494
Arbitrators to be three in num-
ber 4487
How chosen 4488
Must be sworn 4492
Attack on award 4032, 4504
Compensation of arbitrators... 4508
How collected 4503
Competency of witnesses 4496
Continuances 4493
Copy to be given to the parties, 4502
Original returned to superior
court 4502, 4503
Effect of award 4502
Evidence, examination of witnes-
ses, etc 4497
Examination of witnesses 4497
Fees of clerk 4506
Form of submission 4486
Interrogatories and depositions. 4495
Judgment and execution on
award 4509
List of witnesses to be fur-
nished 4490
Minutes, award to be entered
on 4503
Number of arbitrators 4485
One arbitrator failing to at-
tend 4491
Parties not ready, case post-
poned 4493
Pending litigation, how re-
ferred 4482, 4485
Powers of arbitrators 4498
May administer oaths 4500
Production of books, etc., com-
pelled 4499
Submission, parol or written. . . 4476
Irrevocable, when 4486
Testimony taken by •ommission 4495
Time and place of meeting. . . . 4489
Trial of issue 4505
Two arbitrators may make
award 4501
Verdict of jury 4505
Submission, parol or written.... 4476
Who may submit 3428
Submission to in other cases,
' 4482, 4485
Trustees may submit 3428, 4475
Umpire, award by 4481
CIVIL LAW.
Arbor Day 1395-6
School holiday 1395
Argument.
All grounds must be argued at
once 5675
Burden of proof 5160
Claim cases, argument in 4624
Claims and illegalities, order of. . 5644
Confined to law and facts involved 5634
Continuances, arguments not al-
lowed on 5653
Improper arguments, nonsuit
granted for 4419
Interruptions, when permissible . . 5635
Justification, plea of, filed, effect
of 3891
Law argued exclusively to court
in civil cases 5634
Motions, arguments on 5675, 5676
Notes on 1062-1064
Number of speeches and time for
argument 5637
Opinion pronounced, argument
after, forbidden 5638
Opening and closing 5644, 5676
Opening and concluding on ex-
ceptions 4595, 4596
Superior court, arguments in,
5634-5638
Supreme court (see Supreme
Court), 5576-5581, 5602-5604,
6268, 6269a
Armed Resistance.
Strikes, resistance in cases of 2283
Armory.
Public property, armories are 1156
Arms (see Penal Code).
Issued to volunteers, when and
how 1157-1162
Keepers of, how appointed 135
Owned by State, arms in arsenals, 1016
Right of citizens to carry
1808, 5719, 6015
Surrender of, required when 1160
Volunteers, arms issued to, when
and how 1157-1162
Arms and Arsenals (see Arsenals).
Keepers of, appointed by Govern-
or 135
Law regulating 1050, 1162
Military storekeepers ' 1152
Property of the State 1016
Arrest.
Abuse under, prohibited 5706
General Assembly, privileges of
members 5766
Malicious arrest 3854, 3857
Militiamen, arrest of 1233
Privilege of congressmen 5969
Privilege of voters from arrest,
77. 5739
Ar-As
INDEX.
436
CIVIL LAW.
A r rest — Continued.
Return of sheriff, when arrest not
made „ 5683
Witnesses, freedom from 5265
Arrest of Judgment (see Judgment),
5362-5367
Defects in pleading, arrest of
judgment for 5364
Motions in arrest of judgment. . . . 5675
For what cause made 5362
Nature of motion in 5363
Where made 5367
Refused where defects are
amendable 5365
Arsenals (see Arms and Arsenals).
Gunpowder, how kept in 1151
Keepers of. how appointed % 135
Milledgeville and Savannah, State
owns 1014
Owned by State 1014, 1016
Assault and Battery (see Battery).
Civil action for 3826, 3827
Costs not to exceed damages,
when 5391
Assemblies.
Right of people to assemble, con-
stitutional guarantee 5721
Assent.
Executor's assent to legacies ....
3319, 3321
Parties, assent of, essential to con-
tracts < . . J3526, 3645
Assessment Insurance Companies
(see Insurance Companies,
Assessment).
Assets.
Administration of estates (see that
title) 3997-4005
All property is for purpose of
paying debts 3319
Dissolved corporations, assets of,
how disposed of 1886
Partnership assets, when divided
in kind 2647
Insolvent partnerships, assets,
how distributed 2660
Assignable.
1 Liens are assignable 2822
Assignee (see Assignments).
Bill of lading, rights of assignee
binding 3553
Bond, when required of 3166
Choses in action, rights of as-
signee of 3077
Judgments, assignee of, not af-
fected by set-off 3748
Rights of assignee 5374, 5375
Mortgage, assignee of 2745
New assignee, how appointed... 3166
Assignment.
Benefit of creditors, assignment
for (see Assignment for Bene-
fit of Creditors) 2698-
Bonds required in cases of, 2707,
Decrees, assignments of
Fiduciary agents may accept,
when
Judgments, assignments of
3748, 5374,
Mortgage, assignment of
Seal, need not be under
Surviving partner, assignment to
administrator of deceased
partner
Tax ft. fas, law regulating
Torts, right of action for, not as-
signable
Void as against creditors, when..
2715
3166
4859
3429
5375
2745
3682
2647
888
3079
2695
Assignments for Benefit of Creditors.
Affidavit to be affixed to assign-
ment 2703
Assignee's, as to correctness of
list 2704
Assignee, bank assignment, not
fail for the want of 1980
Bond of 2707
Duties of assignee : 2708
Fraud or notice in, not neces^
sary to show 2712
Powers and rights of assignee. . 2709
Attack on assignment must be
direct 2710
Banks, assignment by 1977, 1978
Bond of assignee 2707
Choses in action 3077
Convey, what 2702
Corporation may assign 2698
Execution of, filing, record, etc.. 2700
Filing assignments, notice of . . . 2714
List to remain on file ten days. . 2705
Foreign assignments must con-
form 2706
Form of assignment 2701
Fraud or notice in assignee, not
necessary to show 2712
Funds, assignment of 3078
Innocent mistake in list 2715
Insolvent debtors, reserving bene-
fit 2695 (1)
Judgments creditors without, may
ask relief 2713
Legal preferences 2697
Corporations may give 2698
Persons may assign and prefer, 2699
Limited partnerships, assignments
fraudulent, when 2681-2684
List of creditors to be attached. . 2701
List to remain of file ten days . . 2705
List of property to be attached.. 2704
Assignee's affidavit as to cor-
rectness 2704
437
INDEX.
As-At
Assignments for Benefit of Cred-
itors— Continued.
Innocent mistake in list 2715
Made when, how and by whom,
2698-2715
Mistake, innocent, in list 2715
Notice of filing assignment. 2714
Parties to proceedings to set
aside 2711
Personal tort is not assignable. . . 3079
Requisites of 2701
List of creditors to be attached, 2701
Right of action assignable, when. . 3079
Schedule of property to be at-
tached 2704
Assignee's affidavit as to cor-
rectness 2704
Tax ft. fas 888
Assignment to evade, void .... 885
Assignment of Dower.
Proceedings' for (see Dower) .4697-4704
Assignment of Error (see Bill of Ex-
ceptions under Supreme
Court; Writ of Error).
Bill of exceptions 5527, 5528, 5605
Assistant Adjutant-general.
Ranks as colonel 6517
Assumpsit.
Bill of particulars to be annexed. . 5642
Rent, implied contract to pay. . . . 3116
Implied obligations to pay.... 4936
Asylums (see Academy for the
Blind; Academy for the Deaf
and Dumb; Lunatic Asylum).
Blind asylum for (see Academy
for the Blind) 1015, 1304-1318
Deaf and dumb (see Academy for
the Deaf and Dumb) 1319-1333
Free passes over State road,
granted to whom 1066
Lunatic asylum (see Georgia State
Sanitarium) 1409-1451
Owned by the State, which are. . . 1014
Owned in part by the State. . . . 1015
Persons going to, pass over W. &
A. R. R. free, when . . » 1066
Trustees appointed by the Gov-
ernor 135
Atlanta.
Cession of land to U. S. for
courthouse and post office. . . . 6644
Attachment for Contempt (see Con-
tempt).
Equity cases, attachments in
3944, 4858, 4860. 4899
Garnishee, when subject to, 4552, 4729
Ordinary, attachment by 2563, 4261
Power resides in all courts 4046
Punishment to be limited 5717
Supreme court, power as to. .5498, 5631
Witness subject to 5263
CIVIL LAW.
Attachments.
Absconding as a ground of 4510 (3)
Administrator or executor, attach-
ments may issue against 4523
Affidavit to obtain, by whom
made 4511
Form of affidavit 4529
Affidavit and bond in claim cases, 4569
Agent may make affidavit 4513
Amendments of attachments and
returns 4564
Appearance and defense 4558
Attorney at law, affidavit made
by 4511, 4513
Bond and security 4512
Form of bond 4529
Of co-partners or joint credit-
ors 4513
Of nonresident plaintiff, service
on security sufficient 5013
Sufficiency of, how tested 4517
Sufficiency of, how contested . . . 3271
Contested after return of affi-
davit and bond 6193
Who shall be surety on 4514
Claims, how interposed 4569
Affidavit and bond of claimant, 4569
Attorney may make oath and
sign bond 4569
Bond, how made and signed . . . 4569
Failure of claimant to deliver,
officer may sue immediately. . 4572
Hire for use of property, when
recoverable 4573
Interposed either before or
after judgment 4574
Trial of claim, mode of 4570
Concealing himself, as ground of,
4510 (4)
Corporation shares of interest,
how levied 4535
Officer selling must give cer-
tificate 4637
Transfer after levy, void 4536
Death of defendant, scire facias to
issue 4563
Of either party, new party made 4562
Debt not due, attachments may
issue, when 4521
Declaration to be filed at first
term 4556
Defenses, pleading, etc 4556-4566
Defenses which defendant may
make 4558
May plead set-off, though not
due 4559
May traverse plaintiff's affidavit.
4560, 4561
Different counties, property in,
how levied upon 4516
Directed, how 4519
Dismissal of attachments, not
work dismissal of declaration, 4557
At
INDEX.
438
CIVIL LAW.
Attachments — Continued.
Docket of 4532
Attachment not lien on realty,
unless entered on 4579
Parties themselves, failure to
enter not affect 4580
Duty of officer to whom attach-
ment is directed 4530
Exceptions to bond or affidavit,
when to be taken 5646
Execution, must issue on all judg-
ments 4576
Money raised, how applied 4577
Foreign corporations subject to.. 4527
Forms of affidavit, bond and at-
tachment 4529
Fraudulent debtors, attachments
against (see Attachments
against Fraudulent Debtors)
4543-4548
Fradulent levy 5422
Garnishment in attachment cases,
(see that title) 4549-4555
Against persons in other coun-
ties 4550
Answer, how traversed... 4553, 4554
Garnishee admitting effects.... 4552
Levy by service of 4534
Traverse in justice's courts... 4555
Answer of garnishee, how tra-
versed 4553, 4554
Where garnishee fails to answer 4551
Grounds of attachment, 4510, 4539, 4543
Indorsers, when attachment may
issue in favor of 4525
Guaranty and fidelity companies,
as sole sureties on 6621
Interrogatories, how sued out.... 4566
Issued by what officers 4515
In what cases 4510
Joint contractors subject to 4522
Judgment, general, how obtained, 4557
Binds defendant's property,
when 4575
Binds all property seized, when, 4575
Judgment set aside for fraud . . 4565
Justices' courts, traverse of
grounds 4560
Levy of attachments 4532
Different counties, levy on prop-
erty in '. 4516
Duty of officers 4530
May follow property, when.. 4530
Officer shall return, how 4531
Form of, date, etc 4532
On what property levied 4533
Service of summons of garnish-
ment 4534
Stock shares, levy on, how
made 4530, 4535
Transfer of stock after levy,
void 4536
Lie for any money demand 4524
Lien of attachment, judgment and
execution 4575-4580
Money raised, how applied 4577
Priority of, how determined,
4578, 4579
Not lien on realty unless
entered on docket 4579
Parties themselves, failure to
enter, not affect 4580
Notary public (commercial) not
issue 504
Notice to defendant 4557
Effect of notice is to make
judgment general 4557
Officers, duty of 4530
Levy of writ 4532
Levy on what property 4533
Return of attachment 4533
Who may issue 4515
Partner may make affidavit 4513
Attachment against partners . . 4522
Party made, where party dies,
4562, 4563
Pending suit as basis of 3739, 4526
Pendency of, in another State, 3738
Pleading and defenses in attach-
ments 4556-4566
Proceedings on return of 4556
Purchase money (see Attachments
for Purchase Money) 4538-4542
Removing one's self as a ground
of 4510 (2)
Removing property out of the
State 4510 (6)
Replevy and disposition of prop-
erty attached 4567, 4568
Defendant may replevy 4567
Officer's duty in such cases 4567
Property of foreign corporation 4568
Residence out of State, a ground
of 4510 (1)
Resisting legal arrest as a ground
of 4510 (5)
Return of 4531, 4533
Returnable, where 4518
Right to sue out, for any money
demand 4524
Sabbath day, attachments may is-
sue on 4520
Scire facias on death of defendant, 4563
Security may sue out against
principal 4525
Set-off not due, may be pleaded. . 4559
Stocks of corporations, how levied
on 4535, 5430
Officer selling, to give certifi-
cate 4537
Transfer after levy void 4536
Substantial compliance sufficient, 4528
Suits pending, issued on, when,
3739, 4526
439
INDEX.
At
CIVIL LAW.
Attachments — Continued.
Testimony in, taken by interroga-
tories 4566
Traverse of grounds of 4558-4561
Issue, how tried 4560
Delay plaintiff, traverse shall
not 4561
Attachments against Fraudulent
Debtors.
Exceptions may be filed to grant
or refusal of
Fast bills of exception
Fraudulently disposing of prop-
erty
Making fraudulent liens
Judge shall proceed, how
Lies in what cases
Making fraudulent liens
Notice of petition to adverse
party
Petition and affidavit of applicant
Procedure thereupon
Removal of attachment, procedure
Hearing of application to re-
move
Returned and disposed of, how . . .
Attachments for Purchase Money.
Affidavit, before whom made
Contents of affidavit
Attorney at law may make
Issued and levied, how
Judgments on, rank of
Levied in what manner
Subsequent proceedings
Process may issue, when
Vendor may attach for purchase
money
Attainder.
Bill of, passage forbidden
4548
5540
4543
4544
4545
4543
4544
4545
4543
4545
4546
4546
4547
4540
4540
4540
4541
4539
4541
4542
4539
4538
5730
Attendance of Witnesses (see Wit-
nesses).
Secured in what manner. . . . 5260, 5266
Attestation.
Affidavits, where made out of the
State 6213
Apprenticeship, indentures of,
2598, 2602
Bills of sale 2773
Deeds, how attested for record,
3599, 3620, 3622
Attested out of this State, 3621, 6184
Deeds to secure debts 2773
Indentures of apprenticeship, 2598, 2602
Mortgages, attestation of 2J24
Public officers, attestation of 5211
Wills, attestation of 3272
Attorn.
Tenant cannot attorn to any
claim 3122
Attorney and Client.
Advice of counsel not to be dis-
closed 4420, 5198 (2), 5199
No relief to client 4420, 5199
Champertous contracts illegal... 3668
Communications between, ex-
cluded 5198 (2)
Costs, attorney liable for, when
negligent, and so when client
is nonresident 5386, 5387
Evidence of attorneys as against
clients 5269, 5271
Execution against attorney for
costs 5395, 5396
Transfer of judgment by attorney, 5375
Attorneys at Law 4396-4445
Admission to the bar (see that
title) i 5633, 6302-6311
Admitted in the superior courts. 4397
To supreme court 4412, 5600
Administrators may employ 3434
Advice of attorney no relief to
client 4420, 5199
Affidavit required of clients, at-
torneys cannot take 4417
May make, when 4417, 5059
Agreement between, must be in
writing 4417
Aliens, when eligible 4399
Appeals, attorneys may enter,
4417, 4457, 4559
Entered by attorney in fact 4457
Appearance unauthorized a con-
tempt 4422
Application for admission 4400
Admission to the bar 6302-6311
Mode of admission 4405, 5633
Arguments 5634
Arguments after opinion pro-
nounced 5638
Interruptions, rules governing.. 5635
Number of speeches and time
for argument 5637
Attachment affidavit made by,
4511, 4513
Attachment for purchase money,
affidavit made by attorney. . . . 4540
Attorney may sign for principal.. 4459
Authority to bind clients 4417
Proof of, may be required 4423
Bail or security, not to be taken
as 5641
Benefit of counsel, right to have. .
5702, 6019
Bind party, authority to 4421
Bringing money into court (see
note to p. 1098).
Champertous contracts with 3668
Claims in attachment cases, at-
torney may make affidavit and
sign bond 4569
At
INDEX.
440
CIVIL LAW.
Attorneys at Law — Continued.
Confidential communications privi-
ledged 5198, 5199
Consent agreements to be in writ-
ing 5651
Agreement by attorneys lost,
how proven 5652
Continuance for absence of 5132
Cost -ft, fas. against 5395, 5396
Costs in supreme court when lia-
ble for 5513, 5591, 6278
Damages of twenty per cent.
against, when 4771, 4772
Delinquent attorney to be stjicken
from roll 4428
Duties enumerated 4427
Duty to treat witness fairly 5281
Evidence of preparation for ad-
mission to the bar . . . . , 4401
Examination of applicants 4402
Manner of examination 4403
Unqualified persons to be re-
jected 4404
Failing to render service for which
employed 4413
Fees, contracts for, when void ....
3667, 4413
In notes, void unless defense
filed 3667
Exceptions 6185
Rule for fixing 2824, 4415, 4724
Fee notes, penalty for transfer-
ring, i 2414
First employed, has preference,
when 4426
Garnishment, attorney subject to. 4731
Governor may employ, when 126
Contingent fee to be paid 126
Graduates of law class 4406
Guardian may appoint 2556
Improper conduct by counsel.... 4419
Insurance company's liability for
fees of 2140
Judgments, payments on, duty of
attorney to enter acknowledg-
ments (see Rules of the Supe-
rior Courts) 5639
Transfer of judgment by at-
torney 5375
Judges superior court shall not
practice 4313
Law school graduates, §§4396-
4405, not apply to 4406
Lawyers from other states, how
admitted 4408, 4411
States which do not allow Geor-
gia lawyers to practice there-
in 4410
Leading counsel 4425
Counsel first employed prefer-
red 4426
Liability of. for costs 5386, 5387
For unskillful advice 4420
Liens of 2787 (11), 2814
Procedure to enforce. 2814
Rule absolute against 4778
Lien for money brought into court. 2814
Rank of such lien 2814
Lien on personalty, how enforced. 2818
On realty, how enforced 2815
Limitations on authority 4418
Misconduct causing nonsuit 4419
Money brought into court by (see
note to p. 1096).
Money collected by, may be de-
manded 4771
Liability for twenty per cent, per
annum, for refusal 4771
Service of demand, how proved. 4772
Notes, etc., attorneys' fees in, void. 3667
Exceptions 6185
Oath of attorney 4407
Order of admission 4409
Ordinary cannot practice law,
when 4242
Other states, from, how admitted.
.. . 4408, 4409, 4411
Refused admission, when 4410
Parties not bound by act of un-
employed counsel 4421
Payment of judgments, etc., duty
to enter acknowledgment. . . . 5639
Pension commissioner, not act as. 6561
Personal remarks forbidden 5603
Persons entitled to practice.. 4396, 4397
Proceedings to remove an at-
torney (see Removal, below)
4431, 4441
Proof of authority may be de-
manded 4423
Qualifications of applicants 4398
Rank of lien on bringing money
into court 2814
Reinstated, may be, and how.... 4430
Removal, proceedings for 4431
Accusation must be in writing. 4432
Verified by oath, when 4433
Causes for removal 4429
Costs, how taxed and collected. 4442
Death of informant, how affect
proceedings 4443
Effect of judgment 4439
Jury may find proceedings ma-
licious 4444
Order for appearance 4434
Accused must appear. ....... 4435
Answer of accused , 4436
Objections by the accused 4437
Plea or refusal to answer 4438
Proceedings, by whom insti-
tuted 4440
Special causes of 4429
Tax, removable for not paying. .
4445, 6048
Witnesses compelled to attend. 4441
Return papers, duty to 5636
441
INDEX.
At-Au
CIVIL LAW.
Attorneys at Law — Continued. .
Rights of, in claim cases 2824
Right of party to appear by
5701, 5702, 6019
Rule, liability of attorney to 4416
Answer to rule 4775
Ruled in vacation 4774
Ruled without notice, when 4777
Rules of superior court relating to.
5633-5641, 5651, 5652
Rules of the supreme court relat-
ing to 5600-5604
Service on, in equity cases 4975
Several attorneys on the same
side, dispute between, how set-
tled 4424
Special duties of 4419, 4427
Signature to writs, etc., how en-
tered 5640
Stricken from roll, when 4428
Superior court clerk cannot prac-
tice 4348
Supreme court,, admission to prac-
" tice in 4412, 5600, 6266
Rules of supreme court relating
to 5600-5604
Sureties on official bonds, pro-
hibited 241, 248
Swear to plea, attorney may,
when 5059
Tax on 775
Penalty for failing to pay.. .4445, 6048
Payment prerequisite to prac-
ticing 6049
Attorney failing to pay 4445
Professional tax to be paid be-
fore practicing 6047
Testify, right to, forbidden, when.
5269, 5271
Communications between attor-
ney and client 5198, 5199
Transfer of judgment by 5375
Transferring note or other obliga-
tions 4414
Unauthorized appearance is con-
tempt 4422
Unskillful advice, liable for 4420
Witness, incompetent as, when . .
5199, 5271
Attorney owes fair treatment to
witness 5281
Attorney in Fact.
Appeals may be entered by.. 4457, 4459
Appointed in what manner 3002
Executors may sell and buy by. . 3000
Guardian may appoint 2556
Illegality filed by 4741
Official bonds, executed by 249
Power to be filed with bond 249
Filed on appeal, when 4457
How executed 3002
Power of, to execute limited part-
nership certificate, to be filed. 2667
Wife may act for husband 2479
Attorney-general.
Attends circuits when required. 221, 222
Combines and trusts, attorney-gen-
eral to prosecute 6468
Comptroller-general may require
services of 222
Duties of 220, 5860 (a)
Election and term of office 219, 5860
Fees and perquisites denied to... 5864
Penal actions by 4933
Qualifications of 5866
Railroad commission, duty to rep-
resent 2205
Salary of ' 282, 5860. 5864
Salary may be changed, how.... 5865
Term of office 219, 5860
Auctioneers.
Agents of both parties 3527
Licensed in what manner 3562
Person who may be vendue mas-
ters 3562
Right to sue in their own name. .
3037 (4)
Stolen horse, liability for selling.. 3563
Tax on 775
Auditors.
Amendment before auditors 4583
Agreement of parties on person
to be appointed 4603
Appointment and powers 4581-4604
Auditor at law, appointed, when.. 4582
Burden of proof where both part-
ies except 4597
Causes which may be referred to.
,4581, 4582
Evidence which may be read to
jury 4600
Exceptions to auditors' reports. .
4589, 4593
Filed within twenty days 4589
Notice of service 4592
Traverse, how tried 4592
Exceptions of fact where sub-
mitted to jury 4598
Exceptions of law for judges 4594
Jury trial, when 4595
In equitable proceedings 4596
Fees of 4602
May be fixed in advance 4603
Hearing of exceptions, etc. . .4594-4601
Judges, power to make reference. 4581
Mandamus against auditor. .4591, 4592
Contents of such petition 4592
Master, former, duties of perform-
ed by auditor 4581
Matters not on record, to be certi-
fied true 4590
Certificate not made by auditor,
when 4591
Au-Ba
INDEX.
442
CIVIL LAW.
Auditors — Continued.
Mutilated or lost records, estab-
lishment of 5226-5228
New testimony may be considered,
when 4599
Oath of 4584
Parties may select, when 4603
Place of hearing 4584
Notice of 4584
Power of auditors 4583
Reports of auditors 4585, 4588
Contents of auditors' report. . . . 4588
Evidence inadmissible, to be re-
turned 4586
Notice of filing report 4588
Rulings and conclusions report-
ed v 4587
May be recommitted *. 4593
Not excepted to, verdict or de-
cree framed 4601
Prima facie true 4581
Right of exception 4581
Recommitment of 4593
Verdict and decree 4601
Verdict to be seriatim on excep-
tions submitted 4600
Auditor of W. & A. Railroad. . .1040-1043
Autrefois Acquit or Convict.
Jeopardy, twice in, forbidden (see
Penal Code) 5705, 6018
Avoidance.
Matters in satisfaction or avoid-
ance to be specially pleaded.. 5053
Award (see Arbitrament and Award).
Common law award (see Arbitra-
ment and Award) 4474, 4484
Fraud, equity will set aside for. . 4032
Rendition and effect of 4502
Requisite of good 4476-4481
Returned to superior court 4503
Statutory award (see Arbitra-
ment and Award) 4485-4509
Vitiate, grounds which will
4483, 4484, 4504
Bagatelle Tables.
Taxation of 803
Bail.
Excessive not required 12
Justices' court, bail in 4124
Torts, bail in actions of 4321 (1)
Bail in Action for Personalty. .4604-4610
Affidavit to obtain 4604
Contents of affidavit 4604
Filing and subsequent proceed-
ings ! 4605
Bills of exception 4609, 5540
Bond for forthcoming of property 4604
Defendant failing to replevy,
plaintiff may 4606
Commitment to jail in what
cases 4606
Jail fees to be deposited 4610
Habeas corpus for failure 4610
Pending the action 4606
Perishable property, how sold..,. 4607
Release of defendant without
security, when 4608
Replevy by defendant 4606
By plaintiff where defendant
fails 4606
Trover, bail in, how obtained 4604
Writs of error in petition for dis-
charge 5450, 4609
Bail in Criminal Cases (see Recogni-
zances under Penal Code.)
Attorneys or officer not to be
taken as , 5641
Excessive bail forbidden 5706, 6021
Relieve bail, General Assembly
shall not 5781
Bail in Trover.
Bail in action for personalty (see
that title.) ; 4604-4610
Bail Trover.
Fast bills of exception 5540
Bailiffs.
City courts 4292
County court bailiffs (see County
Courts.) , ... 4189-4192
Payment of, tax levy for 404 (5)
Bailment 2894-2965
Burden of proof on bailee, when. . 2896
Care and diligence required of
bailee , 2897
Carriers law governing (see Rail-
roads) 2263-2306
Child, due care in case of (. . . 2901
Concurring negligence, bailee
must show none 2265
Contract is generally an entire one 2920
Definition of 2894, 3110
Deposits (see that title) 2921-2943
Destruction or loss 2919
Diligence of bailee , 2897
Extraordinary, required 2899
Duty of bailee 2915
Entire contract, bailment general-
ly is 2920
Estates for years distinguished
from ...., 3110
Extraodinary diligence required. 2899
Factor's duty and lien 2929
Gross neglect defined 2900
Hiring contracts of (see that
title) 2903-2902
Imputable negligence 2902
Infant, parents' negligence not
imputable , 2902
Inn and innkeepers, laws govern-
ing 2932-2941
Labor on shares i 2917
Liens of bailees 2787 (11), 2812
How lost 2813
443
INDEX.
Ba
CIVIL LAW.
Bailment — Continued.
Rank of lien , 2812
Livery stable keeper's liability. . 2943
Loans (see that title) 2944-2954
Loss or destruction of thing bailed 2919
Negligence, imputable, when.... 2902
Ordinary diligence i 2898
Ordinary diligence denned 2898
Pledges and pawns (see Pledges
and Pawns) 2955-2965
Propery right in bailee 2895
Possession, bailee's right to.... 2918
Railroads (see Railroads).
Removal by hirer out of State 2911
Right of action in cases of 2920
Sales of county court bailiff, how
made 4216
Skill of bailee as to work, and safe
keeping 2915
Special bailiff of county court, 4189, 4191
Special bailiffs appointed by su-
perior court 4450, 5684
Title in bailee, when , . . . 2895
Title to thing on which labor is
bestowed 2916
Trespass, bailee has right of ac-
tion, when 3889
Concurrent right of bailor 3889
Warehouseman's liability (see
Bonded Warehousemen) 2930
Ballots (see Election; Registration
of Voters).
By whom and where cast . ., 60
Examined only when suspected . . 108
Vote to be given by 72 (1), 5736
Number to be marked on 72 (3)
Ballot Box.
Exhibition, in primary elections, 114
Banc.
Judges preside in, when (see Su-
perior Court) 4335-4338
Banishment.
Banishment or whipping not al-
lowed 10
Prohibited as punishment 5704
Bank Bills (see Banks and Banking).
Bank Checks (see Banks and Banking).
Bankruptcy.
Power of Congress over 5974
Special partner, rights of 2684
Bank Stock (see Banks and Banking).
Banks and Banking 1903-1985
Abatement of suits against stock-
holders , 1976
Accept its own bills, duty of bank
to 1963
Administrator's sale of bank stock 3451
Agent not liable for deposit in
failing bank, when 3008
Amendment of charters, method of
obtaining 6383, 6384
Certified copy of declaration and
amendment, publication of . . . 6385
Certificate as to publication,
record of 6386
Annual examination 1919
Annual report by examiner .... 1924
Assignment by banks 1977
How executed 1980
How set aside 1978
Not fail for want of an assignee 1980
Bank examiner annual reports of,
.., 1912, 1924
Duties of 1922
Report of 1947
Salary of, how raised ,. . 1923
State Treasurer is , 1921
"Bank" includes branches 1967
Bills of banks (see "Notes" be-
low).
Bills or notes improperly issued,
penalty 1955 (4), 1961
Bona fide holder gets title 3538
Issued in excess of chater, for-
feits it 1955 (5), 1962
Warranty as to the payment of 3720
Bond, cashier to give 1951
Bonds, to secure bills, to be de^
posited with treasurer 1936
Depreciation of, to be made
good 1943
Interest drawn on bonds ....... 1944
Withdrawal of 1945
"Branches" bank includes 1967
Capital impaired, examiner may
require to be made good 1926
Penalty for failure 1927
Capital paid in to be not less than
$25,000 1933
Capital stock, issue of 1909
Diminution of capital stocky . . . 1909
Increase of capital stock 1909
Cash, amount to be kept on de-
posit |. . . . 1915
Cash reserve 1941
Reserve to be made good 1942
Cashier to give bond 1951
Certificate of incorporation 1906
Change of name or place of busi-
ness 1844
Charters, how renewed 1836
Amendment of 1840
Fee for charter 1903
Issued by Comptroller-general,
when ...: 1904
Contents of certificate 1906
Issued by Secretary of State < 1904
Petition for 1903
Uniform amendment of 6383-6386
Chartered by General Assembly. . 5780
Forfeiture of 1969
Proceedings to forfeit 1-970
Checks, holidays as affecting day
of payment 3692
Ba
INDEX.
444
CIVIL LAW.
Banks and Banking — Continued.
Payment in bank checks, when
effectual , 3720
Circulating notes of State bank
see Notes, below) . .1929-1954, 6364
Amount of notes to be delivered
to bank 6370
Circulating as money 6367
Diligence of commissioners.... 6376
How and by whom prepared . . . 6365
How issued 6366
How payable 6368
Liability of shareholders 6375
Plates, dies, etc., custody of . . . . 6369
Redemption of notes 6377
Returned by banks to be de-
stroyed 6372
Signed in what manner 6371
United States tax 6378
Worn or mutilated notes 6373
Collecting bank, liability of 1981
Contracts with, interest on 1957
Corporate powers, how granted.. 5780
Crimes of officers 1968, 1979, 1982
Debts of insolvent bank, how paid 1973
Default, penalty in 1964-1966
Proceedings against, for de-
fault 1965
Definition of term "bank." 1967
Depreciation of bonds deposited. . 1943
Diminution of capital stock 1909
Directors, powers of 1908
Disqualification of Secretary of
State 1904
Dividends and surplus 1950
Examination of, general regula-
tions 1921-1928
Duty of examiner 1922
Annual examination 1919
Annual report 1924
Salary of, how raised 1923
State Treasurer is 1921
Examination of private banks. . . . 6382
Examiner's clerk 1918
Exchange sold at excessive
charge, penalty 1955 (1), 1958
Mode of proof prescribed 1960
Executor's sale of bank stock. . . . 3451
tailing bank, agent's liability for
deposits in 3008
Failing to comply with the State
Bank Examiner's request. . . . 1913
Fee for charter .' 1903
Foreign administrators may check
for deposits 3525
Foreign bills, sale or purchase of
not restricted 1956
Forfeiture of charter 1969
Proceedings to forfeit 1970
Fraudulent receipts of deposits.. 1982
Fraudulent transfers ,. . . . 1979
Guardian's sale of bank stock... 3451
Impaired capital, penalty for fail-
ing to make good 1927
Incorporation of banks, method
of 1903
Fee for charter 1903
Increase of capital stock 1909
Insolvent, bills of, how received. . 1974
Debts of, how paid 1973
Insolvent bank receiving deposits 1928
Insolvent, by examiners report,
duty of Governor 1928
Interest on bonds may be with-
drawn 1944
What banks may charge 1957
Liability of corporation and
stockholders 1911, 1892-1898
Lien on obligations, payable in
silver bullion 6379
Limit on loans to one person,
1916, 1948, 6158
Loans of more than ten per cent.
to one person forbidden. .1916, 6158
"Surplus," means "net profits." 6158
On indorsement of officers for-
bidden 1949
Loans to officers 1914
Loans to one person restricted to
ten per cent 1916, 1948
Losses to be charged to profit and
loss i 1917
Minimum capital 1910
Notes (see Circulating Notes
above) amount of, to be is-
sued to bank , 1937
Application for, to be filed and
verified 1931
Truth of application to be in-
vestigated 1932
Circulating notes to be issued. .( 1929
Circulation of, by State banks,
1929-1954, 6364-6378
Engraved and printed, notes to
be 1930
One-half of cash paid in set
apart for redemption 1934
The other one-half to be in-
vested in bonds 1935
Redemption of 1938
Security for the redemption of. . 1939
State banks may use 1953
Oath of cashier to quarterly state-
ments 1920
Obligations and penalties. .. .1955-1982
Obligations payable in silver bul-
lion, form and amount of . . . . 6379
Tax on such issue, bank not lia-
ble for 6381
Officers, indorsement of, no loan
on 1949
Crimes by officer. .,. .1968, 1979, 1982
Loans to 1914
Organized prior to December
16th., 1895 1952
445
INDEX.
Ba-Be
Banks and Banking — Continued.
Paper or promise to pay illegally
issued, penalty 1955 (2, 3), 1959
Mode of proof prescribed 1960
Payment by checks, or in bills. . . 3720
Penalties and obligations. .. .1955-1982
Penalty for failing to make im-
paired capital good 1927
Petition for charter 1903
Copy of, to be published 1905
Powers of banks under general
charter . . 1907
Private banks, examination of . . . 6382
Frocess, banks, how served with, 1984
Proceedings thereafter 1985
Prohibitions on banks 1955
Qualification of preceding sec-
tion i 1956
Purchase of its own shares for-
bidden 1968
Quarterly reports, regulations con-
cerning ,. . 1946
Receive their own bills, banks
shall 1963 (2)
Penalty for not doing so 1966
Shall receive their own bills at
par 1963 (3), 1966
Receiver, duty of 1971
Abatement of suits 1976
Compensation of receiver 1972
In what funds debts are to be
paid 1974
Liable for money in bank, when, 4909
Order of paying debts 1973
Redemption of notes 1938
Security for redemption of
notes 1939
Regulation of banks 1912-1920
Reports of bank examiner to be
published , 1925
Reserve of cash, legal require-
ment 1941
Reserve to be made good 1942
Returns of banks 1912
Penalty for failing to comply
with the State Bank Ex-
aminer's request 1913
Service with process 1984
Proceedings thereafter 1985
Silver bullion, obligations payable
in , 6379
Lien on all of bank's property, 6380
Tax on such issue, bank not liar
ble for 6381
Specie for bills, etc., failure to pay
penalty 1963 (1), 1964
Proceedings for such violations 1965
State Bank Examiner's clerk 1918
State depository, State Treasurer
is 1954
State Treasurer is bank examiner 1921
Stock of bank, attached, how,
4168, 4535-4537
CIVIL LAW.
Crimes relative to 1979
Dividends on, part of State
revenue, when 979
Foreign administrators may
transfer , 3525
Fraudulent transfers punished. 1979
Crimes relative to 1979
Levied on and sold in what man-
ner 5430
Levy on, by constable, 4168, 4535, 5430
Lien of bank on . .( 2825
Sale by administrator 3451
Stockholders, liability of 1911
Liability ceases when 1940
Suable when 1963, 1975
Abatement of suit 1976
Suits against banks 1983-1985
Proceedings in such cases 1985
Service of process 1984
Where a bank may be sued , 1983
Surplus and dividends 1950
"Surplus" means "net profits." 6158
Tax, returns of, how made 780, 805
Tax on obligations, payable in
silver bullion, bank not liable
for 6381
Taxes due by, Comptroller's draft
for , 206 (8)
Venue of suits against 1983
Yearly examination 1919
Bans.
Marriage bans, how certified .... 2418
Bar of Actions (see Limitation of
Actions) 3760-3792
Bar-rooms (see Liquors).
Barter and Exchange.
Law regulating contract of 3561
Bastards.
Definition of 2507
Domicile of minor 1827
Father's obligations 2508
Guardian of, appointment 2526
Inheritance by bastard 2510
By legitimates from illegiti-
mates 2511
Legitimated in what manner. . . . 2494
Mother's rights 2509
Obligation of father 2508
Rights of mother , 2509
Void marriage, children of legiti-
mate 2416
Battalions (see Military).
Number of companies in 1102
Battery (see Assault and Battery).
Civil action for 3826, 3827
Beach.
Life savings appliances, duty of
hotel to keep, when 2942
Life saving appliances on 2942
Beacons.
Land condemned for United States 26
Be-Bi
INDEX.
U6
CIVIL LAW.
Bees.
Honey bees and deposits of 3074
Bench Warrants.
Docket, sheriff's duty to keep. . . . 5685
Beneficial Interests (see Deeds to
Beneficial Interests).
Benefit of Counsel.
Right of accused to have . . .8 (1) 5702
Benefit of Clergy.
Not allowed 17
Benevolent Institutions.
Powers and rights 6352
Sees. 2372-2387 made applicable
to 6352
Bequests.
Obscure terms in bequests or
deeds, extraneous evidence. . 4011
Bible.
Schools, Bible not to be excluded, 1365
Schools, use of Bible in 1365
Bid.
Public works, contracts to do. . . . 344
Withdraw, right to 3645, 5466
Bidder at Public Sale (see Sales,
Public.) 5466, 5467
Failure to comply with bid. .5466, 5467
Bill of Attainder.
Forbidden by Constitution 3, 5730
Bill of Particulars.
Copy to be annexed, when,
4963, 5642, 5691
Bill of Rights (see Constitution of
Georgia) 5698-5735
Billiard Tables.
License by cities 702
Taxation of 803
Bills, Legislative (see Acts of the
General Assembly; Appropria-
tion Bills).
Appropriation bill, how vetoed . . . 5819
Yeas and nays must be recorded
on 5775
Borrow money for State, requisites
to 5889
Code sections, amendment or re-
peal of , 5779
General appropriation bills, con-
tents of 5772
Must originate in the House. . . 5773
Local bills, law governing 314, 5778
Majority of each House, must pass 5777
Money not drawn on Treasurer
without appropriation . ., 5774
Read three times on separate days 5770
Rejected, how proposed again... 5776
Revenue bills must originate in
the House 5773
Sign, failure of Governor to 5819
Signed in what manner, 5776, 5785, 5819
Subject-matters, not to contain
two , . 5771
Title, body not to contain more
than title expresses 5771
Veto by Governor 5819
Bills in Equity (see Equity).
Bills of Exceptions (see Supreme
Court) 5526-5585
Bills of Exchange.
Acceptance to be in writing. . .2693 (8)
Accepted, to be paid out of certain
funds 3686
Lien of such acceptance 3686
Agent, bill payable to, how sued
on 3037
Barred after six years 3767
Blank indorsements, explainable,
how 5209
Bona fide holder protected against
what defenses 3694
Collaterals, rights of holder of. . 3697
Damages on foreign bills pro-
tested, who liable 3689, 3690
Defenses against innocent holder, 3694
Definition of 3676
Demand, payable on, due immedi-
ately , 3700
Dishonor, overdue is notice of . . . . 3695
Due date in reference to holidays, 3692
Due when, where no time speci-
fied 3700
Foreign bill of exchange, defined 3676
Protested, liability of parties
thereto 3689
If out of the United States 3690
Grace not allowed on 3680
Holidays designated , 3692
When due with reference to 3692
Indorser sued with drawers or ac-
ceptors 3691
Indorsement makes payee in-
dorser 3676
Indorsement, not proved unless
denied 3705
Limitation of suits on 2767
Maker and indorser residing in
different counties 5012
Notice to purchase, what is 3699
Parties to, and their designation, 3676
Presumption of good faith of
holder 3696
Protest and notice to indorser , 3688
F*es of notary 6630
Need no protest where not paya-
ble in bank 3688
Title of holder, when inquired into 3698
Venue of suits against drawer, ac-
ceptor and indorser 5873
Against maker and indorser 4953
Venue in justices' court cases. . . . 4078
Suit against maker in justice of
the peace court 4078, 4115
447
INDEX.
Bi-Bo
CIVIL LAW.
Bills of Lading (see Railroads).
Assignee, not affected by rights of
Stoppage in transitu 3553
Boats, owners of, miay grant.... 2294
Penalty for failing to grant bill 2295
Draft attached, to be 3554
Pledge of 2956
Bills of Peace.
Equity will entertain bill for what
purpose 4894
Perpetual injunction 4895
Bills of Review and for New Trial.
Barred after three years 3770
Limitation on 3770, 4862
Bills of Sale (see Sales to Secure
Debts) 2771-2777
Conditional bills of sale 2776, 2777
Law regulating 3606
Mortgage reduced to, when , 2725
Registration of, allowed 3626
Effect of record 3626
Record, not notice 3626
Security for debt, foreclosure of. . 6631
Defense thereto , 6632
Witnesses not required to 3606
Birds.
Eggs and young, property in, 3073, 3074
Protection of , 6647
Birth.
Identity, how proved 5178
Proved in what manner 5177, 5178
Will revoked by, when 3347
Blacklisting.
Prohibited 1873
Penalty for violating, treble
damages awarded 1874
Trials for violations of 1876
Blacksmith.
Books of, admissible in defense. . 5182
Blank Indorsements (see Indorse-
ments).
Explained, indorsements may be 5209
Blind.
Academy for, laws governing (see
Academy for the Blind) . .1304-1318
Asylum for, partly owned by State 1015
Statistics, how obtained 1316, 1317
Trustees of academy, appoint-
ment of i 135
Will, blind persons may make. . . 3270
Blind Asylun? (see Academy for the
Blind).
Blind Tigers.
Nuisance, "Blind Tiger" is a 6654
Break open, authority to 6656
Service of abatement or injunc-
tion proceedings 6655
Blood, Corruption of.
Crime not work corruption 5725
Blow Posts (see Railroads.)
Signal at 2222
Board of Education (see County
Boards of Education).
Board of Entomology (see Horti-
culture and Pomology).
Constitution of board
Duty of entomologist
Expenses of ,
Inspections required
Nonresident dealers, duties of . . . .
Orders of inspector of board, how
enforced , ....
Penalty for sale of infected
plants
For obstructing board
Power of entomologist ,. . . .
Publication of rules and regula-
tions
Quorum of board
Reported infection, inspection di-
rected
Reports of entomologist
Rules of board
Salary of entomologist
Shipment of infected plants, etc.,
prohibited ,
Treatment or destruction of trees
or plants
Board of Immigration.
Law governing 1730
Boardinghouse Keepers.
License by cities
Boarding Houses.
Liens of keepers
How enforced
Rank of ,
Life-boats, duty to keep, when . .
Boars
Liens in favor of owners of,
2787 (12),
Boats.
Owners of may grant bills of lad-
ing |
Bill subject to inspection
Penalty for failing to grant bill of
lading or to show bill
Bona Fide Holder (see Innocent Pur-
chaser).
Negotiable instruments (see that
title) 3694
-2224
6605
6606
6607
6616
6617
6610
6611
6612
6608
6615
6615
6619
6619
6613
6607
6614
6609
-1735
702
2810
2818
2810
2942
2811
2294
2294
2295
3699
Bona Fide Purchaser.
Equity not disturb, when 3924, 3976
Fraudulent conveyances, in
nocent purchaser in cases of, 2695
Judgments may be attaeked by,
when 5371
Purchaser of property subject
to i 5355, 5356
Judicial sales, innocent purchaser
of 5454
Bo
INDEX.
448
CIVIL LAW.
Bona Fide Purchaser — Continued.
Marriage settlements, rights of,
as against 2480-2482, 2487
Prescription in favor of 3597
Private sales, innocent purchaser
at 3530, 3540
Trustees, purchaser from pro-
tected 3179
"Bond Book" of State Treasurer.. 200
Form of 201
Bonded Debt of Cities and Counties.
City, how contracted, 377-381, 710, 5893
Funded how 758-761
Sinking fund, provision for, 758-761
County, how contracted 377-381
Funding of city's debt 758-761
Sinking fund for city 758-761
Bonded Debt of State (see Bonds;
Public Debt; State Bonds).
Bonds which are declared il-
legal 5898, 5948
Increase of, forbidden 5899
Sale of State's property to pay. . . 5900
Sinking fund provided 5901
State debt 996-1013
Bonded Public Warehouses.
Bond to be given 6578
Liability of surety 6579
Books of warehousemen 6584
Insurance of stored property 6580
Mixed grain, or other property. . . 6583
Penalty for unlawful disposal of
goods deposited 6588
Perishable property, sale of 6589
Notice to owner ■ 6589
Unsalable property 6590
Persons who may become bonded
public warehousemen 6577
Proceeds of sale, entry, etc 6587
Receipts of warehousemen 6581
Contents of such receipts 6581
Liability for storage ,. . 6591
Notice to be first given 6585
Service of such notice 6586
Storage, sale for nonpayment of 6585
To whom notice shall be given 6586
Bonds (see Official Bonds) 243-245
Administrators' bonds (see Ad-
ministrators)
3398, 3401, 3403, 3501-3505
Agent may make, when ,. 3035
Agents of the State, bonds of,
where kept 181 (4)
All books kept by public officers,
open to inspection 14
Amendment of appeals and other
bonds , 5123
Appeal bonds (see Appeal) . . .4458-4466
Exceptions to security on bond 5632
, Approval of 243, 245
Assignee of debtor 2707
Assignment need not be under
seal 3682
Not proved unless denied on
oath 3705
Attachment bonds
4512, 4514, 4517, 4529, 4540
Attorney not to be surety. . . . 248, 5641
Attorney in fact may execute. . . . 249
Power of, to be filed with bond 249
Bar of action on, after twenty
years , 3765
Breach of, liability 256
Certiorari, bond increase of (see
Certiorari.) 4639, 4640
City, funding bonded debt of 758-761
Election for 377-381
Claim cases (see Claims) . . . .4612, 4615
Exceptions to 5646
Claim cases in justices' courts . . 4150
Clerk of House of Representatives 5787
Clerk of superior court (see that
title) 4359
Collection of. as against city or
county 381
Comptroller-general's t. . 204
Constables', where filed (see that
title.) 4094, 4095
Contractors of county bridges. . . . 369
Contractors of public works,
346, 602 (2), 603, 622
Coroners' 494, 495
Corporations', to be certified and
recorded 1866, 6157
Compensation of Secretary of
State 1869
Fined for failure to record.... 1867
Unrecorded bonds, circulation
forbidden , 1868
County and city bonds may be
issued, when 379
How issued 377-382
County surveyors' 476, 485
County treasurer 449, 455, 457
Where filed 453
Deputies, bonds of ....259, 260
Discharge of bonds 261
Election on issue of, how held. . . 378
Notice of 377
Execution of , 243-249
Executors, duty to give, when 3315
Fidelity insurance companies as
sureties on 2142
Filed when and where 250-255
Effect of failure to file 251-255
Foreign guardian's (. . . , 2588 (1)
Forfeiture by city 698
Form, defects in not affect 263
Forthcoming bonds (see that title,
and see Claims) 5435-5437
Fraudulant bonds void 5898
Guaranty and fidelity companies'
(see that title.) 6620-6629
Guaranty company as surety. . . . 247
449
INDEX.
Bo
CIVIL LAW.
Bonds — Continued.
Guardian's, 2513, 2528, 2530, 2536, 2571
Additional security required,
when * 2524, 2530
County administrator's bond as 2522
Suit on 2535, 2536
Guardians of idiots, lunatics, etc.. 2571
Homestead, receiver for excess.. 2861
Informalities not affect . . . .i 263
Indorsement of, not to be proved,
when 3705
Investment by administrator or
other trustee 3180, 3435
Judge holding, disqualified 5834
Judgment on bonds 5345
Lien of, against county treasurer
and his sureties 455-457
Against receiver of tax returns
and his sureties. . .924, 927, 974-978
Against State depositories 985
Against tax collectors and sure-
ties 924, 927, 974-978
Against Treasurer and his sure-
ties 189-192
Life estate, bond in case of sale of 3097
Life tenant, bond of purchaser
from 3097
Lost bonds or notes, indemnity
required 3969
Marriage brokerage bonds 2415
Measure of damages for breach
of official bonds 264
Mortgaged property, purchaser's
bond to respond to lien 2742
Municipal bonds 377-382, 710, 758
Election for . ., 377-381
No exeat cases 4888, 4890
Negotiable by indorsement, etc.. 3682
Notice of election on issue of . . . . 377
Obligation of official bonds 256
Officers' bonds, law relating to
(see Official Bonds) 243-267
Liable if penalty exhausted. . . . 262
Taken by officers, how returned
and sued , 13
Time for filing 6071
Where kept and how used .... 12
Ordinary, bond of ,. . 4220-4223
Parties to suits on 12, 13, 256
Penalties 264, 2395, 5345
Not liquidated damages . . .3795, 5345
Pilot's bond 1662
Power to be filed with bonds .... 249
Prochein ami 5681, 5696
Provisions of §§ 243-367 applicable
to all bonds 265
Public officers, where kept, suit on 12
PubMc warehousemen 6578
Railroads bonded only by special
vote . 2165
Receivers ' 4907
Registration, recorded when and
where 257, 258
29— Ga Code
Registration of corporation
bonds i .... 1866-1869
Relief of sureties on bond of trus-
tees 3192
Replevy bonds, judgment on liens 2817
Replevy bond to mortgage ft. fa. 2766
Retail liquor dealers' 1519
Returned to what officers 13
Road overseers and commis-
sioners 609 i
Satisfaction of official bonds, 261, 262
Seals, public bonds not require. . 12
Secretary of Senate . ., 5787
Secretary of State 177
Sheriff's (see that title) 4372, 4376
Sinking fund 5901
State bonds, law as to (see State
Bonds) 996-1013, 5898-5901
State Librarian 151
State Treasurer 187-191
Lien of bond 189
Strengthening attachment and
garnishment bonds 4517
Sufficient, when 4 (7)
Suit by aggrieved party 12
Suit in name of party aggrieved 13
No order required 12
Sureties, attorneys not to be. . . . 246
Officers cannot be, for each
other ,. . 248
Sureties, how relieved 266
Sureties, relieved, new surety re-
quired i 267
Taxation, bonds of other States . . 776
What are subject to 776
Tax collectors and receivers,
932, 945-947, 972, 974, 978
Treasurer of State ,. . 187-191
Trustees investment in 3435
W. & A. Railroad, officers of, 1020-1069
Validation of (see Validation of
Bonds) 6074-6081
Void bonds not to be paid by
General Assembly 5898, 5948
Where kept and how sued 12
Penalty exhausted, officers lia-
ble 262
Taken by officers, how returned
and sued 13
Bonds for Title.
Damages upon breach of 3805
Death of party, title, how made,
3440-3444
Levy, how made, where bond for
title given 5432
Notice of levy and sale to be
given 5434
Other than vendor having judg-
ment 5433
Record of 6633
Cancellation of, entry by clerk, 6635
Notice from date of filing 6634
Bo-Br
INDEX.
450
CIVIL LAW.
Bonds for Title — Continued.
Sale of land for purchase money,
2788, 5433
Sales to secure debts. . . 2771-2775, 5432
Tax charged against whom 778
To be paid by holder ."..., 778
Bonds of the State (see Bonded
Debt of the State; Public
Debt; State Bonds)
996-1013, 5898-5901
Cancellation of paid bonds,
6041, 6042 (c)
Open to inspection 13, 14
Tax levy to pay 6039
Books.
Examined by commissioners,
when 5259
Books and Papers.
Corporations, how admitted in evi-
dence 5236
Governor's office, books to be kept
in , 141
Notice to produce, response to.. 5678
Public books, etc., burnt or de-
stroyed, how re-established,
5223, 5230
Production of (see Notice to Pro-
duce; Production of Evidence).
. 5248-5259, 5243
Sheriff's books, when full, where
deposited 4383
Western and Atlantic Railroad,
books how far defense 1033
Books of Account.
Admissibility of, as evidence.... 5182
Borrowing (see Loans) 2944-2954
Boundaries.
Ancient boundaries and landmarks
as evidence 5185
Counties, offenses committed on
boundary line 26
Divided by water — jurisdiction. . . 33
Disputed liens, rules governing. . 3246
Offenses committed on State
boundary line 25
Processioning 3243-3252
Streams as boundaries between
land 3058
Current changing, effect of . . . . 3058
Boundary of the State.
Defined 16-20
Alabama and Georgia, line be-
tween . ., 19
Florida and Georgia, line be-
tween 20
North Carolina and Georgia,
line between .„ 18
South Carolina and Georgia,
line between i 17
Tennessee and Georgia, line
between 18
Branch Railroads.
Construct, right to 2169
Existing roads may take stock in 5799
Branches of the University (see
University of Georgia) . . 1300, 1301
Brands.
Inspector of illuminating oils..,.. 6508
Law regulating 1757-1761
Breach of Contracts (see Contracts).
Breach of Peace.
Electors, arrest of, for 5739
Legislators may be arrested for 5768
Breach of Promise of Marriage (see
Marriage).
Competency of witnesses
2693 (3), 5272
Breach of Trust (see Trusts).
Breach of Warranty (see Warranty).
Bridges, Ferries, Turnpikes and
Causeways (see Roads and
Bridges) 599-649
Bridges.
Across county lines, charge for
keeping up 610, 611
License by either county ...... 612
Annual revision of rates 618
Bond, approval and record of . . . . 604
Additional bond may be re-
quired 605
Bond of contractors. . 346, 369, 603, 622
Liability 603, 609
Border counties, bridges between,
372-374
Bond, failure to take, county lia-
ble ,.. 623
Bond for faithful work 602 (2)
Canal companies to build and
maintain 1994
Classification of 599, 600
Citation, service and jury 628
Complaint against owners of . . . . 627
Conditions of contractor's bond . . 603
Connecting border counties with
adjacent States 372-374
Construction of 2233, 3063
Contracts to build or repair 344
Contractor's bonds . .346, 369, 603, 622
Cannot be road commissioners. 609
Duty to repair 606
Contractors, executions against. . 607
Payment resisted, trial of issue, 608
Liability and boad 603, 609
Counties, bridges between, how
built 367
How paid for 371
County, established for th© use of,
when 601
County liable for injuries 623
County may tax for 5892
County lines, bridges on, how built 367
451
INDEX.
Br
CIVIL LAW.
Bridges — Continued.
Crossing county lines, how
licensed 612
How kept up 610
County refusing to contribute,
remedy 611
Defective, liability for detention
at 622-632
Different counties, bridges and
ferries between 610, 612
Discontinuance forbidden 621
Division into classes 600
Evading toll or injuring, penalty
for 632
Excessive toil, how relieved
against 617
Fees of ordinary . ... 631
Fine for failure to post toll rates 615
Forbidden distance, how com-
puted 614
Fords, bridges, etc., not to be ob-
structed | 620
Franchise, when does not give
over 645
Penalty for charging illegal toll 619
For obstructing, etc 620
General Assembly, shall not estab-
lish 5780
Grants of land convey no right. . 634
Highways included under 5
"Highway," or "Road" includes
bridges 5
Issue, oath of jury, continuance,
etc , 629
Illegal toll, penalty for charging 619
Injuring bridges, penalty for 632
Jurisdiction of ordinary
601, 602, 4238, 5853
Jury, of citation served 628
Oath of jury 629
Landowners may construct 616
Legislature not to establish 5780
Letting of repairs under $500. . . . 370
License to establish 602 (3)
Neglect, proprietors liable for 622
Notice as to building 368
Notice of discontinuance of. ... . 621
To bidders for building bridges, 345
Obstructing, etc., penalty for. ... 620
One franchise does not give the
other 635
Ordinary's jurisdiction
601, 602, 4238, 5853
Fees of ordinary 631
Payment for building or repairing 371
For repairs, how enforced 608
Penalty for evading toll or injur-
ing , 632
Place of erection, and contract for,
602 (1)
Private bridge liability of owner,
625. 626
Private ferries not established,
when 613
Distance, how computed 614
Proceedings may be at any time,
fees 631
Proprietors liable for neglect.... 622
Public bridges, what are 599
Declared so, when 599
Railroads cannot appropriate.... 2233
Rates, annual revision of 618
Rates of toll to be posted 615
Fine for failing to do so 615
Repairs, by whom to be made. . . . 607
Repairs lacking, and detention,
penalty 624, 625
Repairs of, laws regulating, 370, 606, 607
Right of way; grants, how con-
strued , 633-636
Damages, how assessed 633
Right to construct, law as to ... . 3063
Road, includes bridges 5
Service, citation and jury 628
Supervision of ordinary 602 (5)
Taxation, toll bridge exempt, when 763
Tax by county for 5892
Tax exemption 763
Tax to build or repair 404 (2)
Toll bridge, exempt when 763
Evading toll, penalty for 632
Toll, charging after charter ex-
pires, a misdemeanor ....... 625
Evading or injuring bridges,
penalty for '. 632
Excessive, how relieved against. 617
Excessive rates not demanded. 617
Punishment for making exces-
sive charges 619
Fine for failing to post rates-. . . 615
Ordinary to fix rate 602 (4)
Penalty for charging illegal... 619
Posting rates of 315
Rates, annual revision of 618
Rates to be examined annually. 618
United States and other States
interested 372, 374
Contracts with, for building 373
Jurisdiction of 374
Value of land, how estimated 636
Verdict and effect thereof . . 630
Watercourses, bridges over 3068
Brief in Supreme Court (see Su-
preme Court).
Brief of Evidence (see New Trial;
Supreme Court).
Contents of 5488, 5604
Part of record, when 5537
Reference to, in bill of exceptions,
5537, 5484, 5528-5531
Brokers.
Commissions, right to 3015
Commission, when earned 3015
Br-Ca
INDEX.
452
CIVIL LAW.
Brokers — Continued.
Insurance brokers (see brokers
under title Insurance Com-
panies) 2073-2084
Brothers and Sisters.
Bastards, brothers and sisters of,
inherit how 2510, 2511
Inheritance from each other 3355
Building.
County buildings, law concerning,
351-359
Examination and reports of offi-
cers 2623-2625
Owned by the State 1014, 1015
Seats and fire escapes 2621-2625
State, buildings owned by. . . .1014, 1015
Building and Loan Associations, 2388-2392
"Building and loan association"
includes what 2398, 6173
Contracts to be held valid 2389
Deposit required, amount of 6445
Certificate of depository 6446
Deposits to be removed from
treasury ,. 6449
P ees to depository ,. . 6446
Reports to treasurer and fees
therefor 6448
State Treasurer shall not ac-
cept deposit nor make ex-
amination 6446
Foreclosures, how made 2392
Interstate building and loan as-
sociations (see Interstate
Building and Loan Associa-
tions) 2393-2406, 6172-6174
Loans to persons not members . . 2388
Mortgages and security deeds... 2388
Old companies. §§ 2388-2392 not
apply to unless adopted , 2390
Saving institutions, provisions ap-
ply to 2391
Surrender of Surities, when al-
lowed and how effected 6450
Usurious, contracts not so when, 2389
Interest charged , 2388
Bulls.
Liens in favor of owners of^. . .
..2787 (12), 2811
Burden of Proof (see Evidence).
Bailments 2264, 2321, 2896
Breach of warranty in land sale. . 3617
Claim cases, burden is on plaintiff,
. . . 4624A 5644
Illegality cases 5644
Justification, plea of, filed 3891
Order of argument, how affected
by 5644, 5676
Rests on what party 5160
Changing onus 5161
Burning Fluids.
Inspection and sale, law as to (see
Illuminating Oils) 1588
Burying Grounds (see Cemeteries).
Protection of 1511-1518
By-Laws (see Corporations/).
Liability for acts of agents, effect
of 1861
Liens under by-laws 2825
Power of corporations to make. . 1852
Calendar.
Stafford's office calendar, legal
evidence 6641
Stern's United States calendar ad-
missible 5169
Camp Grounds.
Intrusion on 2358, 4812
Canals 1986-1999
Bridges, company to build and
maintain > 1994
Capital stock, increase or diminu-
tion of 1996
Certificate of incorporation 1987
Change of name or place of busi-
ness 1844
Charters, how renewed 1836
Amendment of 1840
Granted by legislature 5780
Petition for to be kept of file. . 1998
Corporate powers, how granted,
1986-1999, 5780
Encroachment upon public roads 1994
Enlargement of works, etc., au-
thorized i.. 1991
Goods, etc., conveyed through
canals 1993
Incorporation of 1986-1999
Lands taken, dispute as to value
of 1990
Mortgage of canal 1995
Organization of 1988
Powers of a general nature 1989
Principal office, where kept 1997
Public roads, encroachment upon 1994
Taxation, corporation subject to 1999
Water, may furnish to others 1992
Cancellation.
Mistake, cancellation for 3982
Mortgages, cancellation of 2737
Canons.
Construction, articles of 3675
Inheritance, canons of 3355
Bastards, inheritance of ..2510, 2511
Inheritance by legitimates from
bastards 2511
Capacity.
Amount of, sufficient to make a
will (see Wills) 3264-3268
General provisions as to
2500, 2570, 3308, 3367
453
INDEX.
Ca-Ce
CIVIL LAW.
Capital (see State Capital).
Clerk of supreme court, office at
capitol 5510 (1)
Comptroller-general, residence at 205
Located at Atlanta 123, 1014, 5931
Governor's residence 143
Secretary of State to reside at. . . 178
Treasurer to reside at.. 198
Capital Stock (see Stock and Stock-
holders).
Capitol.
Keeper of capitol grounds, ap-
pointment 134
Owned by State 1014
Use of buildings and grounds
limited , 1017
Care and Diligence (see Diligence).
Catalogue of Librarian 156
.Catoosa County.
Concession as to public road in,
to United States 6643
Cattle (see Estrays; Live Stock).
Cattle Guards and Farm Crossings
2243-2246
Additional cattle guards 2245
Duty to build and maintain 2243
Existing laws, how affected 2246
Liability for failure 2244
Causeways (see Roads and Bridges).
Bond, approval and record of . . . . 604
Additional bond may be re-
quired ,.. 605
Conditions of contractor's bond . . 603
Contracts to build or repair, law
governing 344
Notice to be given 345
Contractors cannot be road com-
missioners 609
Contractor's duty to repair 606
Executions against G07
Payment restricted, trial of is-
sue 608
Contractor's liability and bond . .
603, 609
Detention at, unreasonable 624
Division into classes 600
Injuring, or passing around 632
License to establish 602 (3)
Made and repaired by road hands,
width 514
Neglect, proprietors liable for 622
Ordinary's jurisdiction 601
Power of ordinary over 602
Place of erection, and contract
for 602 (1)
Private causeways, liability of
owner 626
Public, declared so, when 599
Law concerning 599-636
Repairs, by whom to be made. . 607
Repairs lacking, and detention at,
penalty 625
Supervision of ordinary 602 (5)
Toll, charging after charter ex-
pires, a misdemeanor 625
Ordinary to fix rate 602 (4)
Posting rates of 615
Causeways, Bridges, Ferries and
Turnpikes (see Bridges, Fer-
ries, Turnpikes and Cause-
ways) 599-657
Caveat Emptor.
Doctrine of, as applied to judicial
sales 5449
As applied to private sales, 3555, 3560
Cemeteries.
Board for distribution of bodies. 1511
Bond, school or college to give. . . 1517
Cities as trustees of 742
May keep in order 742
City's authority as to 696
Carriage of bodies ,. . 1516
Delivery of certain bodies 1512
Distribution of dead bodies 1515
Expenses of distribution of dead
bodies 1518
Protection of 1511-1518
Taxation, exempt from 762
Travelers dying suddenly 1513
How long retained 1514
Census.
Cities, census of, how taken .... 6636
Certiorari.
Affidavit in lieu of bond 4641, 6194
Affidavit to be made 4638
Form of affidavit 4638
Answer, filed on first day of term 4646
Exemptions to answer 4647
Party interested, must not write
answer 4648
Traverse at first term 4651
Verification of answer 4648
Applied for within thirty days,
must be 1642
How application made 4637
Appeals, law as to, not affect right
of 4468
Bar after three months 3771
Bond and security to be given. . . 4639
Affidavit in lieu of bond 4641, 6194
Security may be made to justify 4640
Securities, liability 4656
Costs, how signed up 4655, 4656
County court, in civil cases, 4209, 4215
Damages, when awarded 4654
Death of justice or ordinary,
certiorari in cases of 6195
Death of justice before answer,
new trial ordered 4653. 6195
Dismissed or returned, certiorari
may 4652
Ce-Ch
INDEX.
454
CIVIL LAW.
Certiorari — Continued.
Errors must be distinctly set
forth 4650
Forcible entry and detainer cases 4829
Frivolous certiorari 4654
Granted out of circuit, when.... 4636
Hearing of 4649-4651
Inferior judicatories, certiorari
from 4637
Judge may grant out of circuity
when 4636
Judgments and costs 4652-4656
For defendant, where certiorari
dismissed 4656
For plaintiff where judgment
sustained 1655
Ordering certiorari back to
court below 4656
Liability of security on bond. 4656
Justices and other inferior ju-
dicatories, certiorari from... 4637
Justices courts, right to in all
cases 4148
Lies in what cases . . . . 4634
Notice to adverse party, ten days
required 4644
Ordinary, certiorari from court of 4635
Possessory warrant cases (see
Possessory Warrants)... 4803-4807
Private ways, obstruction of 680
Returned or dismissed, certiorari
may be 4652
Service, must be within fifteen
days 4643
Security may be made to justify. 4640
Superior court, grant of writs by 4321
Power to issue writ . = 5846
Supersedeas, certiorari operates
as 4645
Time within which application
may be given 4642
Traversed, answer may be 4651
Trial at first term 4649
Writ lies in what cases 4635
Cession of Lands to United States,
6643-6646
Courthouse and post office in
Atlanta 6644
National park, land ceded to .... 6642
Public road in Ringgold and in
Catoosa county, concession as
to 6643
United States fishery, territory of,
land ceded to 6646
United States prison, concurrent
jurisdiction of State 6645
Chain Gangs.
City may organize 696
Chambers.
Dissolution of injunction at. .4926, 5599
Equitable proceedings at 4866
Champerty (see Attorney and
Client).
Contracts of, void 3668
Character.
Impeachment for bad character
(see Witnesses) ,. . 5293, 5295
Charge of Court (see Notes on
pp. 1056-1061).
Combines and trusts, law as to,
to be charged grand juries. . . 6472
Erroneous, new trial for 5479
Opinion on facts, judges not ex-
press 4334
Requests to charge, duty to give. . 5479
Written charges required, when. . 4318
Filed as soon as delivered 4319
Charitable Institutions for Children.
Abandoned children, commitment
of 2376
Commitment of children, 2377-2380
Second commitment final 2383
Custody, care and indenture. . . . 2375
Recovery by parent or guardian 2381
Officers' duty where proof not
made 2382
Surrender by managers of 2384
Debased children may be restored
to committing officer 2385
Destitute children, how committed 2377
Commitment, how executed . . 2378
Notice of commitment 2379
Service of notice 2380
Gifts, real estate, etc 2373
Government of such institutions. 2374
Guardians of children indentured 2387
Incorporation of 2356, 2357, 2372
Indenture of children 2375
Indentures, how revoked 2386
Guardians of children inden-
tured 2387
Power of directors and managers^ 2374
Powers and rights . .i 6352
Real estate, gifts, etc 2373
Second commitment final ....... 2383
Sections 2372-2387 made ap-
plicable to 6352
Charitable Organizations 2363-2367
Charities.
Charitable bequests, jurisdiction 4006
Law governing 3277, 4006-4011
Cy pres, doctrine of 4007
Equity's right of supervision.... 4009
Irreligious, what shall be deemed 4010
Obscure terms, extraneous evi-
dence 4011
Subjects of charity specified 4008
Tax exemption of public chari-
ties 762
Charters (see Corporations).
Chattels (see Personalty).
Chemist (see State Chemist).
455
INDEX.
Ch-Ci
CIVIL LAW.
Chemists and Inspectors 1557-1561
' Appointment of : . . ., 1557
Assistants for State Chemist 1559
Fees for analyzing fertilizers - . . . 1561
Salaries and how paid* 1559, 1560
Term of office 1558
Children (see Minors).
Adopting, mode of , 2497
Objections by relations 2498
Age of legal majority 2500
Bailments, due care in child 2901
Bind out, parent's right to 2602
Binding out indigent orphans.... 2542
Charitable institutions for cus-
tody of (see Charitable Insti-
tutions for Children) 2372-2387
Competency as witnesses 5273
Cruel treatment by parents 2504
Protected, in what manner. . . . 2505
Defense of parents, etc 2506
Divorce cases, custody of 2452
Habeas corpus for child 2453
Guardian's duty as to . . . . 2539
Homestead rights of, how pro-
tected 2842-2846
111 treatment of ward by guardian 2543
Indigent parents to be supported
by 439
Legitimacy by order of court. . . . 2494
Of persons of color 1823
Majority, age of 2500
Mother's rights 2503
Mutual protection by parent and
children 2406
Parental power, how lost 2502
Chose in Action.
Assignment of 3077, 3079
Assignable, when 3079
Right of assignee 3077
Definition of 3072, 3076
Judgments do not bind 5353
Personal torts not assignable . . . 3079
Remedy for every wrong 3076
Tax, subject to 776
Christian Name (see Name).
Pleading, Christian name in 4942
Christianity (see Charities; Re-
ligion; Witnesses).
Churches, Schools, Societies, etc.,
2351-2362
Appropriations to, not allowed .... 5711
Building liable to sale , 2361
Camp grounds, intrusion on 2358
Violation a misdemeanor 2359
Charitable societies 2356
Conveyance to churches, etc 2353
Deeds, conveyance to 2353
Diversion from the trust 2362
Edifice and site liable to sale 2361
Failure to record certificate of ap-
pointment 2355
Gifts or bequests to and purchases
by 2357
Incorporation of, by superior
court 2351, 2363
Interference by courts 2362
Intrusion on camp grounds 2358
Violation a misdemeanor 2359
Majority represent church 2360
Withdrawal relinquishes rights 2360
Management of affairs of... 2360, 2362
Masonic societies, etc 2356
Reviver of expired charters 2352
Secret societies 2356
Situs of educational and religious
corporations 2364
Trustees, to whom subject 2354
Vacancies, how filled 2355. 3194
Circuity of Action.
Injunction, grant of, to avoid.... 4916
Circuits.
Labor on, to be equalized 5946
Number of, and how composed,
4339, 5493, 5946
Circumstantial Evidence (see Evi-
dence).
Definition of 5143
Cities (see Municipal Corporations).
Citizens and Citizenship (see
Aliens; Comity; Domicile;
Foreign Corporations; Nat-
uralization) .
Citizenship ceases, when 1806
How acquired again 1807
Defined 1804, 5722, 6030
Domicile and manner of changing
same (see title Domicile) 1824-1830
Females, rights and privileges of 1810
Insane persons, rights of 1812
Minors, disabilities of 1811
Natural and artificial persons... 1802
Natural persons, division of . . . 1803
Other States, rights of citizens of,
in this State 1813, 1817
Suable here, when 4954
Privileges and immunities of, not
to be abridged 4715
Protection of, guaranteed 5722
Renounced, citizenship may, be. . 1805
Regained how ,.... 1807
Residents and aliens (see that
title) 1813-1819
Rights of.. 1808, 5722, 6003, 6030, 6035
Exercise thereof 1809
Right to assemble and petition.. 5721
Social status not subject to legis-
lation 5715
Suffrage, rights of 5737
United States, rights of citizens
of 1813
Who are such 1804, 5722, 6030
Ci
INDEX.
456
CIVIL LAW.
City Courts.
Abolished in what manner 4274
Adjournment, time of 3346, 6191
Affidavits, judge's power to ad-
minister 4288
Appeal from one jury to another. 5847
Attestation of deeds, etc., by
judge 4288
Bailiffs in 4449-4451
Appointment of 4292
Oath of bailiff 4449
Challenge of jurors 4294
Claims, jurisdiction as to 4304
Clerk, appointment, oath and
bond 4289
Duty of clerk 4289
Fees of clerk 4291
Term of office 4289
Clerk of superior court may act
in 4349
Contempts, power to punish for. . 4285
Courts of record 4272
Demand for jury trial 4303
Established how 4270
Habeas corpus, penalty for refusing
writ 4331
Power tc issue writ of 4286
Judge, alternate with superior
court, judge may 5851
Appointment of 4278
Authority and power of 4288
Authority over clerk, sheriff.
etc 4290
Disqualification of 4287
Exchange of benches by 6221
Oath of 4280
Filed in executive department 4280
Oaths, power to administer. . . . 4288
Qualifications of ". 4279
Salary of, and when paid 4281
Changed, how 4282
Fixed in what manner 4283
Superior court, may preside in,
when 5851
Vacancies, how filled 4278
Judge disqualified for other city
office 4284
Judgments, lien of 4300
Judgments without a jury 5848
Juries and jurors 4293-4298
Challenge of jurors 4294
Drawing, selecting and sum-
moning 4293
Extra panels may be summoned. 4296
Interchange of, where two di-
visions 4297
Decision of conflict as to use
of jurors 4298
Tales jurors summoned 4295
Traverse jurors summoned . . . 4295
Trial by jury on demand 4303
Jurisdiction, same as in superior
court unless otherwise pro-
vided 4270, 4273, 4299
Jury-box 4293
Jury-list * 4293
New trial, hearing in vacation . . . 4323
Notice to adverse parties 4324
New trials in 4306
Organization and jurisdiction, 4270-4274
Place for holding court 4275
Place of holding, other than court-
house i 6219
Judgments, orders, etc., made
valid 6220
Pleading and practice in 4299-4307
Powers of judge 4288
Procedure in 4299
Process, suits, etc., conform to
superior court 4301
Processes to writs 4273
How directed 4305
Rules of superior court apply to. . 4288
Service, pleadings and practice,
conform to superior court . . . 4302
Sheriff ex officio sheriff of county
court 4290
Bond of sheriff 4290
Duties and liabilities 4290
Fees of sheriff 4291
Suits, process, etc., conform to
superior court 4301
Superior court clerks may be
clerks of 4349
Superior court judge may preside
in, when 5851
Tales jurors 4295
Terms of holding courts 4276
Trial term 4277
Testimony de bene esse 4288
Time and place of holding,
4275-4277, 6219, 6220
Transfer of cases from county
courts 4308
Records of county court to be
filed in city court 4309
Unsatisfied fi. fas. of county
court 4309
Traverse jurors 4295
Trial by jury on demand 4303
Trial term 4277
Uniformity, procedure and prac-
tice excepted from 5859
Writ of error 4307
Writs, how tested, directed and
served 4273
Civil Authority.
Superior to military 6715
Civil Cases (see Venue).
Venue of suits in 5874
Civil Rights.
Privileges and immunities of
citizens not to be abridged.. 5715
457
INDEX.
CI
CIVIL LAW.
Claims.
Administrator's and executor's
sales, at 3458, 4630
Admission of defendant in fi. fa.
excluded, when . '. 5189
Affidavit and bond 4611, 4612
Affidavit in forma pauperis 4618
Agent and attorney may file. . . . 4611
Attachment cases (see Attach-
ments) 4569-4574
Attorney may file 4611
Attorney's fees in cases of 2824
Bond and security for damages. . 4612
Claim bond payable to plaintiff 4615
Forthcoming bond payable to
sheriff 4615
Recovery on failure to deliver
proper to 4616
Burden of proof 4624, 5644
City court's jurisdiction as to. . . 4304
County claims against 361, 362
How audited and registered... 361
County court, claims in.... 4201, 4206
Damages against claimant, when 4623
Damages where claim is discon-
tinued 4626
How damages are to be assessed 4627
Death of claimant, representative
made a party 5645
Disposition of property, where
claimant does not give forth-
coming bond 4619
Disposition, where no bond
given , 4620
Distress warrant cases 4820
Exceptions to bond or affidavit,
when to be taken 5646
Executor's sale, claims at 4630
Claim postpones sale 4633
Claim to personalty, where
tried 4r,32
Tried in county where land lies 4631
Filed on oath 4611
Forthcoming bonds , 4614
Claimant not giving, plaintiff
may 4619
Disposition of property, when
no bond given 4620
How payable 4615
Not required on real estate. . . . 4614
Garnishment, claimants may dis-
solve 4720-4723
Illegality, right to open and con-
clude 5644
In forma pauperis 4618
Interposed how and by whom, 4611-4620
Issue to be joined in five minutes 5646
Joint owner may claim for owner 4617
Jurors, oath of in claim cases 4623
Jury trial of 4622
Justices' courts, claims in. . . .4150, 4152
Land, claimants to, where tried. 4131
Mortgage fi. fa. may claim money,
when i 2758
Oath, claim to be made under. . . . 4611
Of jury in claim cases 4623
Ordinary's court, claims and il-
legalities 4628
Original fi. fa. may be withdrawn 4629
Parties, how made in claim cases 5021
Partners and joint owners, may
claim for other partners.... 4617
Personalty, claims to, where tried 4632
Plaintiff concludes, when 5644
Property kept by claimant, when 1616
Return to what court 4621
Sale must be postponed, when. . . .
4613, 4633
Second claim, not received after
property found subject 5643
Special proceedings not affected
by Code 4972
Tax collectors, fi. fa. claim against 900
Tax fi. fas., claims how intro-
duced 899, 900
Tried by petit jury 4622
Withdrawal of claim allowed but
once 4625
Withdrawal of original fi. fa 4629
Class.
Representatives of a class may
represent all 4842
Class Legislation.
Prohibited, 5715, 5732
Clerical Expenses.
Executive department 5822
Legislative department 5787
Clerk of City Courts (see City
Courts).
Duty of clerk 4289
Clerk of Comptroller-general.
Appointment of 216
Salary of 216, 282
Clerk of County Court (see County
Courts) 4186, 4187
Clerk of the Court.
Want of clerk not invalidate acts
of court 4050
Clerk of House of Representatives
(see General Assembly) . . . .315-324
Assistants, appointment and com-
pensation i 319
Examination of 321
Qualification and removal of. . 321
Bond, clerk must give 320, 5787
Compensation, per diem and fees,
286, 318, 5787
Elected by the members 315
Expenses, clerical, limited to per
diem 5787
File papers at end of session, duty
to , 322
No pay until done 323
CI
INDEX.
458
CIVIL LAW.
Clerk of House of Representatives —
Continued.
Joint sessions, clerk shall serve at
Oath of clerk and assistants
Administered by speaker
Qualification and removal of as-
sistants
Terms of office
Clerk of Ordinary (see Ordinary),
Appointment of, by ordinary. . . .
Bond of such clerk
Duties of clerk specified
Powers of clerk
324
316
317
321
315
4247
4249
4250
4248
Clerk of Secretary of State.
Salary per annum 282
Clerk of Superior Court (see Su-
perior Court).
Acts of court valid without 4050
Adjournment of court by. . . .4342, 4343
Administrator, clerk appointed,
when 3390
Advertise, duty to 4362 (3)
Appointment of, by judge 4356
How long such appointee holds,
4355, 4357
By ordinary in case of vacancy 4352
Attend all sessions of the court,
4360 (2)
Attestation of deeds by 3620
Authority of 4362
Bail in criminal cases, clerk not
taken as 5641
Bills of exceptions, duty as to. . . .
5554, 5555, 6272-6275
Copy bill and transcript, trans-
mission of 5554
Filing in clerk's office 5554
Mandamus against clerk or sher-
iff 5555
Bond, duty to give 4359
Approval and record 257
May appoint deputy and require
bond 4359
Charters, fees of clerk 2350 (4)
City court, clerks may be clerks of 4349
Compensation where no fees fixed 5402
Constable, clerk cannot be 4091
Costs, duty to receive '. 4362 (2)
Deeds, attestation of by 3620
Deposit of costs in divorce cases. 5398
Deposit by nonresident plain-
tiff 5399
Deputy, appointment and bond of. 4359
Docket, each clerk shall keep, 4360 (6)
Dockets, two separate kept, where
judges presiding in banc, 4360 (3)
Duties of clerks, enumerated, 4336, 4360
Additional duties specified, 4361, 4362
Election, where held 97
General provisions as to election,
80, 96, 100
Proceedings in case of tie .... 4352
Examination of office by grand
jury 4367
Extra compensation, when allowed 5402
Failure of duty 4363
Failure to report money re-
ceived and paid out, penalty 366
J ailure to elect, suitors may apply
to adjoining county 4890
Fees, duties and liabilities as to,
5404-5411
Entering execution on execution
docket 2782-2785
For recording deeds, payable in
advance 4362
Road charters 2370
Schedule of 5397
Fine-book, duty to keep 5648
General execution docket, duty to
keep 2779
Guardian of minor 2520
Hand papers to counsel when ac-
tion is called, duty to 5650
Interrogatories, blanks for, duty
to keep 4360 (5)
Judge, clerk appointed by, when,
4329, 4356
Judgments for costs for trans-
mitting record to supreme
court 5400
Minute books, two separate kept,
where judges presiding in
lane 4360 (3)
Minutes of proceedings 4336
Double set of minutes, when,
4335-4338, 4360 (3)
Minutes to be kept by 4360 (2)
Transcript of judge's docket,
entries to be included . . . .4360 (2)
Mistakes, clerical, amendable. . . 5125
How corrected in supreme court 5574
Money collected by, may be de-
manded 4771
Liability for twenty per cent.
per annum 4771
Service of demand, how proved 4772
Notaries public, ex officio justice of
the peace, list to be kept. . . . 4051
Fees for issuing certificate. . . . 507
Oaths and affidavits taken by. 4362 (1)
Oath of clerk 238, 4358
Office subject to examination.... 4367
To be kept at courthouse, 4360 (1)
Ordinary acts as, when 4354
Clerk acting as ordinary 4220
Original papers not to be taken
from file 5649
Papers to be handed out instanter,
when case called 5650
Practice law, clerk cannot 4348
Recognizances, clerk must keep
book for 5682
Record of all proceedings .... 4361 (1)
459
INDEX.
Cl-Co
CIVIL LAW.
Clerk of Superior Court— Continued.
Record of writs 4361 (2)
Removal from office . . 4366
Report of, as to county money re-
ceived and paid out 364
Penalty for failure to report. . . . 366
Rule, clerk subject to 4364
Rule after retirement from office,
4365, 4773
Rules of the court, duty of the
clerk to produce, when re-
quired 5647
Term of office 98, 4347, 6117
Transmitting record to supreme
court, clerk can obtain judg-
ment for 5400
Vacancies in office 4350
Appointee, how long to fill va-
cancy 4355, 4357
Appointment by ordinary 4353
Ordinary appoints in case of tie 4352
Sudden emergency occasioning 4354
Voters disqualified, fee for enter-
ing 63
Voters' list, compensation for. . . .
41, 48, 6115
Wild lands, record of, to be kept 207
Writs, processes, etc., duty to issue
and sign 4360 (4)
Clerk of Supreme Court (see Su-
preme Court) 5508-5514
Clerk of Treasurer.
Salary of 282
Client (see Attorney and Client).
Advice of counsel not excuse,
when 4420
Bound by acts of attorney, when 4417
Claim of, only paid in cash, when. 4418
Cloud on Title (see Title).
Coast Survey.
Damages for 26-28
Coast Surveyors.
Damages by, to be promptly paid 27
How assessed 28
Right to enter upon and clear
lands . . . . 27
Code of Georgia.
Amended in what manner. .2, 11, 5779
Amendments to specify law to be
amended, etc 5779
Local law not repealed by 11
Take effect, when and how 2
Code Amendments.
Sections amended or repealed,
., 6114-6212
Codicil (see Wills).
Co-employees (see Master and Serv-
ant; Railroads).
Injuries to, liability of master,..
2610, 2611
Master not liable, when 2323, 3030
Co-executors (see Executors).
Collateral Issue.
Charter, collateral attack on, not
allowed 1862
Subscribing witness not produced
where paper is collaterally
involved 5244
Trial of 4948, 5474
Collateral Securities.
Garnishment, exemption from. . . . 4730
Holder of, stands on footing of
purchaser 3697
Subrogation, surety's right to. . . . 2995
Transfer of note carries 3684
Colleges.
Appropriation to denominational
colleges forbidden 5711
University of Georgia 1014, 1271
Branch colleges 1300
Collusion.
Affidavit denying in interpleader
cases 4897
Color.
Right to vote, not affected by. . . . 6035
Color of Title (see Title).
Colored Persons.
Tax returns of . . 858
Combines and Trusts.
Agricultural products and live
stock excepted 6470
Attorney-general to prosecute. . . 6468
Damages, action for 6471
Definition of, such as are declared
illegal i 6467
Grand juries to be charged with
law 6472
Penalty for violating law 6469
Commencement of Action (see Ac-
tions).
Mode and time of 4960, 4973
Comity.
Comity of States 9, 5148
Foreign corporations recognized
by 1846
Foreign insurance companies 2060
Foreign laws, how far enforced, 9, 5148
Laws of foreign States 9, 5148
Lawyers, privileges of 4408-4410
Commander in Chief.
Governor is 118, 1095, 5814
Commercial Fertilizers (see Fertil-
izers).
Inspection, analysis and sale. . . .
1551-1578
Commission of Lunacy (see Lunacy).
Sued out and revoked in what
manner , 2573-2583
Co
INDEX.
460
CIVIL LAW.
Commission of Officers.
Book of. Governor to keep. . . . 141 (5)
Failing to obtain, ineligible to re-
election 225
Granted by Governor 121
Record of, in executive office. . 141 (5)
Under executive seal 228
Under great seal 227
Commissioned Notaries Public (see
Justices of the Peace; No-
taries Public, Commissioned).
Commissioner of Agriculture. . .1789-1794
Account for money received from
fertilizer inspectors 1568, 6573
Payments which may be made
out of this fund , 6573
Appropriation for department. . . . 1794
Chemist to analyze fertilizers, ap-
pointment, etc 1557
Commissioners, how elected .... 1790
Duties of commissioners 1792
Entomologist, appointment of. . . . 6596
Establishment of department. .,. . 1789
Fertilizers; duty as to 1551, 1556
Fish, propagation of, confided to 1795
Inspection of fertilizers 1551-1579
Inspectors and sale of fertilizers,
1565-1569
Accounting for money received
from , 1568
Rules to be made by Commis-
sioner 1793
Salary of Commissioner 282, 1791
Tags for fertilizers, duty as to. . . 1563
Commissioner, Railroad (see Rail-
road Commissioners).
Commissioner of Deeds.
Appointment of , 120
Authority and power of 120
Commissioner of Pensions (see Pen-
sions).
Commissioners of Pilotage.
Laws as to pilots and pilotage
(see Pilots and Pilotage).
1651-1690
Commissioners of Poor 435-437
Accounts, auditing, etc 436
Application of pauper ,. . . . 437
Appointment and duties of 435
Commissioners of Public Roads, 584-598
Appointment by ordinary 584-598
Notice of appointment 587
Apportioning road to applicant. . 541
Books furnished by ordinary.... 597
Certificate of faithful service 598
Compelled to serve 586
Defaulting commissioners, execu-
tion against for fines and costs 595
District line, road being: duty of 596
Duties of, enumerated 589
Executions against defaulters. . . . 595
Ex parte proceedings against.... 594
Jury duty, exemption from 588
Meetings, notice of 587
Neglect of duty, proceedings
against 591
Notice of appointment of 587
Of meetings of , 546
Number for each district 584
Parceling off of roads to applicant 541
Duty of person to whom par-
celed 542
Parceling by, subject to objec-
tion i 543
Proceedings against defaulters . .
546-550
Proceedings against for neglect of
duty 591
Commissioners of Roads and Revenues.
(see County Commissioners)
5930, 6082a-6108
Commissioners of Schools (see
Schools) 1388
County School Commissioners (see
that title) 1366-1388
State School Commissioner (see
that title) 1343-1352
Commissioners of Turnpikes.
Laws governing (see Turnpikes)
637-649
Commissioners to Buffalo and
Charleston Expositions.
Appointment, duties, etc 6639
Compensation denied to commis-
sioners 6639 (b)
Geological and Agricultural De-
partments to co-operate with
board 6639 (c)
Transportation of exhibits 6639
Commissioners to Take Testimony
(see Interrogatories and Dep-
ositions).
Commissioner in certain counties,
. 5315, 6201
Interrogatories, commissioners to
• take testimony by 5663
Subpoena duces tecum, authority to
issue 6201
Commissions (see Compensation).
Administrators' commissions (see
Administrators) 3484-
Agents allowed
Broker's, when earned . .,
Guardians allowed what (see
Guardian and Ward) . . .2552.
Tax officers, commissions allowed
to 967
Usurious, when
3492
3014
3015
2553
, 968
2887
Common.
Right of, not disturbed 3882
Tenancy in law, as to 3142-3146
461
INDEX.
Co
CIVIL LAW.
Common Carriers (see Railroads).
2263-2297
Act of God, excuses 2264
Baggage, liability for 2280
Check baggage, duty to , 2281
Lien on 2289
Limit on value of 2288
Responsibility 2280
Responsibility begins and ends,
when 2279
Bills of lading (see Railroads).
2293-2295
Boats, may grant bills of lading. . 2294
Penalty for failing to grant bill, 2295
Connecting roads, liability of 2298
Definition of 2263, 2264
Delay, responsibility for 2282
Delay in delivering, damages for. . 2319
Diligence required of 2264, 2266
Estoppel 2286
Fraud on 2290
Freight lists, how made out by.. 2293
Injuries by, outside their corpo-
rate authority 2277
Liability, how limited and
governed 2276
License by cities 702
Lien of carriers 2287, 2289, 2297
Baggage, lien on 2289
Lien on, how enforced . ., 2816
Live stock 2313
How sold by 2304
Navigation companies are 2157
Overcharges by 2316
Passengers may be refused, when 2296
Liability as to passengers 2266
Presumption in case of loss. ..... 2264
Railroad companies are 2297
Discrimination as to passengers
forbidden 2268
Receive all goods, carrier's duty to 2278
Refusal of freight or passengers. . 2296
Relieved, when 2306
Stoppage in transitu, right of, 2284, 2285
Strikes as excuses to 2283
Time of responsibility 2279
Trace freight, duty to , 2317
Undelivered goods, may sell, when 2303
May deposit proceeds of sale. . 2305
Common Disaster.
Persons who could inherit from
each Other 3356
Common Schools (see Schools, Pub-
lic) 1338-1408
Company (see Corporations).
Limited partnership; company
omitted in style of 2674
Comparison of Handwriting (see
Handwriting).
Allowed, when 5246, 5247
Compensation.
Administrators 3316 3484-3492
Agents 3014
Arbitrators 4508
Compensatory bequests to exe-
cutors 3314
Extra compensation forbidden. . . . 5904
How allowed to officers ....... 5402
General Assembly, members of,
309, 5788
Sick and deceased legislators. 310, 311
Guardians 2552, 2553
Presidential electors 95
Property, taken or damaged for
public use 5729, 6018
Tax collectors and receivers. . 967, 968
Trustees 3168, 3193
Witnesses 5261, 5266
Competency of Witness (see . Wit-
nesses).
Competent Evidence (see Evidence).
Definition of '. . 5143
Competition.
Contracts in restraint of trade,
void 3668, 5730, 5798, 5800
Corporate contracts to defeat or
lessen, void 5730, 5798, 5800
Complaint for Land (see Ejectment).
4996-5008
Composition by Debtor.
Void, when , 2692
Compound Interest (see Interest).
Trustees, charged against, when. . 3498
Compounding.
Sureties, combining with, effect
of 2970
Compromise (see Accord and Satis-
faction) .
Admissions or propositions made
with a view to, inadmissible. . 5194
Administrators, etc. compromise
by 3428, 3430
Attorneys at law, compromise by
when valid 4418
Binding on both parties. 3736
Composition by debtor, void when 2692
Comptroller-general.
Account of appropriations, duty to
keep 206 (1), 212
Executions against agents of
corporations 881
Against corporations 880
Against tax collectors . .i 900
Directed how 880
Issued by Comptroller 814
Levied how 880
Tax executions issued by 874
Agents, auditing accounts of, 206 (13)
Agents of corporations, execu-
tions against 831
Annual report, and contents 209
Time of making 211
Co
INDEX.
462
CIVIL LAW.
Comptroller-general — Continued.
Appropriations, must keep record
of 212
Arbitration of differences as to
tax returns 807, 808, 812, 813
Assessed taxes limited to actual
needs 772
Assessment of tax by 772
Attorney-general, may require
services of 221
Audit accounts against State, duty
to 206 (3)
Authority of 210, 211
Banks dividends on taxes due by,
draft for 206 (8)
Blanks and digests furnished by,
835-838
Blanks, lists and digests, furnished
to receivers 835-838
Bond of 204, 5828
Bonds, book to be kept 206 (11)
Clerk of, appointment and salary,
216, 282
Commissions, allowance of.... 210 (2)
Commissioner of Printing, duties
as 1072-1075
Copies of papers, duty to furnish 214
Countersign warrants, duty to, 206 (2)
Corporations, executions against 880
Defaulting corporations, duty as
to 874-882
Forfeiture of charter for failing
to pay tax 875
Tax returns by 812
Debts due State, duty to keep evi-
dences of 206 (9)
Defaulting taxpayers 874-882
Defaulters, list of, furnished. . . 869-873
Penalties against 815, 874-882
Delinquent taxpayers, duty as to,
874-882
Difference in tax returns arbitra-
tion of 807^ 808, 812, 813
Digests and blanks furnished by,
835-838
Double tax, consent to refund. . . . 845
Duties of , 205, 206
As commissioner of printing,
1072-1075
Election and term of office 203, 5823
Examination of office by Governor 5821
Executions, against agents of cor-
porations 881
Expenses of department limited. . 5826
Pees and perquisites denied 5829
Fees of, part of State revenue, 979, 981
Comptroller not entitled to 5829
To be paid into treasury 205
Forfeiture of charter for failing
to pay tax 875
Forms, blanks to be furnished by 838
Garnishment in aid of exe-
cutions 880
Index to records to be made. . 206 (12)
Insurance commissioner, shall be 2031
Insurance companies failing to
pay tax 875-879
Tax returns of 809
Insolvent lists, to wait for, how
long 865, 866
Allowance of . ., 774, 941
Liquor dealers, duty to keep and '
furnish register 793, 798
Register of 793
Mistake in digest, how corrected. 845
Oath, authority to administer, 210 (4)
Penalties against defaulters 815
For failing to pay tax 875-879
Perquisites to be paid into treas-
ury , 205
Fees and perquisites, not en-
titled to 5829
Part of State revenue 979, 981
Printing, commissioner of public 1071
Qualifications 5828
Qualifications for office 5828
Quarterly accounts of 5902
Quarterly reports 5902
Railroads, city tax on 725
County tax on 784
State tax on 779-783
Remittance without delay to Comp-
troller 882
By tax collectors 954, 952
Reports of, furnished State Li-
brarian 157
Report to General Assembly, con-
tents 218
Reports, quarterly 5902
Residence at capitol 205
Returns not made, shall assess
how 879
Procedure in such cases.... 813-815
Returns of taxes to 804-815
Forms for, furnished by 836
Revenue laws, may suggest im-
provements 211
Rights and duties of
178, 179, 205, 206, 1072-1075
Rules for taxing officers, duty to
make 969, 970
May publish rules 971
Salary of 282, 5826
Salary of clerk 216
Seal, description and devices, 214, 215
Settlement with successors 217
Settlement of previous year's busi-
ness 210 (1)
Suspension of 5821
By General Assembly 305, 5821
By Governor 137
Appointee during suspension of, 137
New appointment, in case of . . . 138
463
INDEX.
Co
CIVIL LAW.
Comptroller-general — Continued.
Table of taxable property .... 218 (1)
Tax assessments limited to actual
needs 772
Tax, corporations, executions
against defaulting corpora-
tions: duty as to 874-882
Returns by corporations 812
Tax collector's blanks for reports,
duty to furnish 6058
Tax collector's bond, must record 213
Tax collectors defaulting, execu-
tion against . . . '. 206 (6)
Reports from Solicitors-general,
as to 206 (7)
Tax collectors, execution against,
900, 924
Tax collectors, quarterly returns
of special taxes 952
Weekly settlement of amount
due State 954
Weekly duplicate reports 956
Tax collector, settlement with, 206 (5)
Tax defaulters and penalties
against 814, 815, 874-822
Tax digests, duty to examine. . .206 (4)
Tax executions, when issued by,
814, 874, 880
Taxes of previous years, collection
of 210 (3), 213
Tax receiver's bonds, must record 213
Tax returns, arbitration of, 807, 812, 813
To be itemized 812
Assessments in case of dif-
ferences 812
When made to 805-812
Time granted to receivers and col-
lectors 865-868, 870
Vacancy in office 137, 217
Warrants, must keep record of . . . 212
Warrants only on fund appro-
priated 206 (7)
Weekly settlements by tax col-
lectors 954, 956
Wild lands, list furnished to clerks
of superior courts 207
Speculation in, forbidden 208
Compulsory Process.
Witnesses, right of accused to
have 5702, 6019
Computation of Time.
Days, how counted 4 (8)
Holidays and Sundays 3692, 4456
Life insurance, time, how com-
puted 2119
Concealment.
Agency, concealment of 3024, 3032
Agents, concealment by 3026
Composition by debtor, void for. . 2692
Debtors, law relating to 5728
Estoppel as to title, when 3823
Fraud, when concealment amounts
to 3534
Insurance policy, voided by, when 2099
Relief against, not allowed, when 3984
Right of action for 3814
Solvency, concealment of, voids
sale 3541
Condemnation Money.
Bonds for, judgment on, how
entered 2978, 4458, 4463
Condemnation of Private Property
(see Eminent Domain).
Appeal from award 4678
Appeal not to delay, when 4679
Execution shall issue, when. . . . 4681
Final judgment 4680
Tender or acceptance not pre^
vent 4680
Assessment of value and damages 4675
Assessors, appointment of. . 4670-4672
Appointed by ordinary, when.. 4670
Assessment of value and
damages 4675
Defense to be heard by 4674
Filing and record of award.... 4677
Finding, when and where
entered 4676
Form of finding 4676
Hearing before 4673-4677
Oath of assessors 4672
Parties may be represented by
counsel 4674
Third assessor 3671
Time of hearing 4673
Coast survey 26-28
Compensation payment of tender
of ' 4658
When parties cannot agree as to
amount 4659
Costs of proceedings 4682
Drainage purposes, condemnation
for 375, 376
Execution shall issue, when 4681
Guardian ad litem for minor 4663
Hearing before assessors. .. .4673-4677
Interest which vests in party
seeking 4683
Lands condemned by United
States for lighthouses, etc... 26
Law applicable to condemnation
by cities, counties, etc.. 4685, 6196
Method of condemnation 4657-4686
Mining purposes 650-657
Minor owner, notice, now served 4661
Personal representative lack-
ing, who served 4662
Notice in cases of 4664
Direction and contents of 4669
Notice, and to whom given.... 4660
Owner under disability, notice,
how served 4661
Co
INDEX.
464
CIVIL LAW.
Condemnation of Private Property
— Continued.
Personal representative lack-
ing, notice, how served .... 4662
Notice of award to be entered
on minutes 4682
Service of notice 4665-4668
Where notice cannot be served. 4668
Owner not known, notice, how
served 4666
Under disability, notice, how
served 4661-4670
Payment or tender of compensa-
tion 4658
Payment to minor 4684
Power of assessors 4686
Private roads 665
Procedure in cases of 4657-4686
Public roads 557
Remainderman unborn, possibility
of 4666
Service of notice, on whom. . 4660-4666
Service, how effected 4667
Nonresident, how served 4665
Subpoenas and attendance of wit-
nesses 4686
Tram roads 658-660
Trust property, notice in cases of 4664
Witnesses, power to compel at-
tendance 4686
Conditions (see Contracts).
Conditional Estates.
Breach of condition, effect of . . . . 3141
Definition of 3136
Dependent and independent cove-
nants 3140
Disability not excuse noncom-
pliance with condition 3139
Precedent and subsequent con-
dition 3137
Repugnant condition 3138
Tenancy in common (see that
title) 3142-3147
Conditional Sales (see title "Sales
to Secure Debts") 2771-2777
Execution of 2776
How recorded 2777
Forclosure of 5432-5434
Loss falls on whom 3543
Condonation.
Divorce, effect on 2429
Dower, effect on 5489 (6)
Confederate Cemeteries.
Investigation of condition of 6519
Appropriation 6519 (c)
Report to Governor 6519 (a)
Submission of copy to legisla-
ture 6519 (b)
Confederate Soldiers.
Food and clothing, assistance in. . 434
Peddle without license, where dis-
abled 1642, 6146 (a)
May act as fire insurance agents
or solicitors 6147
Pensions for ..1250-1270, 5882, 6210 (a)
Widows of 5882, 6210 (a)
Pensions of soldiers and widows. 6555
Photographers, not taxed 6053
Poor fund to relieve 432
Poll tax, exemption 766
Regulations to discover whether
applicant entitled 433
Relief to 432-434
Roster of (see Military Affairs).
6520-6528
Tax, practice medicine without. . 6050
Widows of, pension act construed 6563
Confederate Soldiers' Home of Georgia.
Admission of applicants 6572
Appropriation for 6567
Beneficiaries of Home 6570
Board of trustees 6568
Appointment of 6568
Duties and powers 6568
Report of trustees to Governor 6568
Conditions of gift of land 6567
Gift of land, conditions of 6567
Pensions abate while inmate of
home 6571
Treasurer, bond and duties of . . . . 6569
Confessions (see Admissions and
Confessions; Penal Code).
Admissions and confessions, 5187-5200
Alone, not justify conviction.... 5197
Attorney or his clerk, confession
to exclude, when 5199
Criminal cases, confession refer to 5187
Divorce not granted on, when. . . . 2430
Grand jurors may disclose, when 5200
Public policy, excluded on grounds
of, when 5198
Received with caution 5197
Confession of Judgment.
Law regulating (see Judgments).
5359-5361
Confidential Communications.
Compromise excluded, when .... 5194
Definition of 5198
Excluded as evidence, when, 5198, 5199
Confidential Relations.
Definition of 4030
Gifts in cases of, how viewed. . . . 3572
Prevent acquisition of adverse
rights 4031
Confirmation of Sale.
Equity, confirmation under decree
in 4856
Public sale may be set aside 5427
Refused, when 5427
Trustees, confirmation of sale by 3175
Conflict of Laws (see Comity; Lex
Fori and Lex Loci).
465
INDEX.
Co
CIVIL LAW.
Confusion of Goods.
Agent, confusion by, effect of 3020
Loss in case of 3990
Congress (see Constitution of the
United States).
Acts distributed to counties 171
Adjournments 5968
Bill not approved within ten days
becomes a law < 5972
Commission, must apply for 88
Compensation of senators and
representatives 5969
Constitutional provisions 5951-5983
Distribution of laws and journals
of , 165, 169
Election of members 83, 88, 5963
Elections, how judged 5965
Governor orders, when 84
New election for in case of tie. . 87
Provisions as to 1 80
Time of electing 83
Vote for, how counted and pro-
claimed 86
Election of senators <. 325, 328
Expulsion of members 5966
House of representatives, ap-
pointment of 5953
Members, how chosen 5951
Powers of house 5955
Qualification of members 5952
"Vacancies, how filled 5954
Impeachment, sole power resides
with House of Representatives 5955
Ineligibility of members to hold
other offices 5970
Legislative power vested in 5950
New election in case of tie. . . .,. . 87
Oath of senators and representa-
tives 6012
Passing and approval of bills. . . . 5972
Passing bills over President's
veto , 5972
Political disabilities, power to re^
move 6032
Powers of congress
5965, 5968, 5974, 6014
Privileges of members 5969
Qualifications of candidates 85
Residence of candidates 85
Resolutions, etc., how passed.... 5973
Senators in, election of . ., 325, 328
Time of electing congressmen 83
Vacancies, how filled 88
Votes, Governor to count up ... . 86
Congressional Districts.
Number of, how constituted 31
Connecting Lines (see Railroads).
2298-2319
Conscience.
Freedom of, defined and guaran-
teed 5709, 5710
30— Ga Code
Consent.
Agreement of attorneys or parties
must be in writing 5651
Bills once rejected, consent to
consider 5776
General law, consent to vary,
necessary , 5732
Jurisdiction not conferred by.... 5079
Pleadings not dispensed with, by. 5652
Tort committed under 2322, 3893
Consent Rule.
Ejectment case, rule in 5007, 5656
Consequential Damages (see Damages).
Condemnation cases, damages in. 4676
Definition of , 3911
Consideration (see Contracts) . .3656-3665
Deeds must have 3599
Essential to every contract 3656
Failure of consideration as a
defense , 3665
Plea of 5091
Who may plead the plea 5091
Good consideration defined 3658
Good in part and bad in part. . . 3662
Gross inadequacy as evidence of
fraud 3659
Illegal, whole promise fails 3662
Impossible consideration insuffi-
cient 3663
Otherwise, if merely improbable 3663
Inadequacy, effect of 3659
As annulling contract — 4033
Marriage classified as valuable. .
2487, 3658
Mistake, consideration founded on 3660
Moving from another, immaterial 3664
Valid though promisee a
stranger .'. . . 3664
Mutual promises 3661
Mutual subscriptions 3661
Nudum pactum, definition of 3656
Part good and part bad 3662
Partial, rule of apportionment. . . 3665
Patent or proprietary rights, con-
tracts for sale must express
consideration 6650-6652
Presumed in what cases 3656
Sale without, invalid 3548
Stranger to, promisee being, may
sue 3664
Valid, when 3657
Valuable consideration defined. . . 3658
Consignors and Consignees (see
Railroads).
Consolidation of Actions.
Cases consolidated, when 4846, 4943
Multiplicity of suits, is ground for 4846
Constables.
Acting after removal, fined for.. 4100
Amendment of entries and re-
turns 5116, 5117
Co
INDEX.
4:66
CIVIL LAW.
Constables — Continued.
Appointed on emergency 4093
Oath of 4093
Appointment of constables. . .4087, 5684
When but one justice, who may-
appoint 4088
Where justice fails to appoint. . 4089
Attendance on justices' courts... 4099
A On superior courts, when re-
* quired 4099 (2), 5684
Bonds of 4094
Additional security, when com-
pelled 4096
Ordinary must certify to filing
oath and bond 4095
Clerk, constable cannot be 4091
Compensation for carrying prop-
erty levied on to place of sale 4169
Disqualifications of constables... 4091
Duties of 4099
Execution and return of war-
rants, summons, etc 4099 (5)
Paying over money promptly, 4099 (4)
Receipts for notes, etc 4099 (3)
Election by the people 4083
How held , 106
Time of 105
Who to preside over election. . 106
Extra constables, justices may ap-
point 4086
Bond of such persons 4086
Fees, schedule of 5404
Foreclosure of mortgage 2764
Land, levy on, allowed, when....
4167, 5429
Levy, bank stock levy on 4168
How returned 4168
Of tax ft. fas. by 905, 906
Liability of, to suits, etc 4769
New militia districts, election.... 337
Number in each militia district. . 4083
Oath of 4092, 4093
Other duties to be performed by,
4099 (6)
Qualifications of constables 4090
Disqualifications 4091
Removal from office 4084
Rule against, when brought 4060
Ruled after going out of office. 4773
Ruled where 4782
Rule in justice's court 4097
Rule in superior court 4098
Sales, time and place of 4166
Sheriff to name four, to serve su-
perior court 5684
Constable cannot be sheriff or
clerk 4091
Sheriff a party, constable to act 4986
Summary proceedings against. . .
4060, 4769-4782
Tax ft. fa. levied by, when 905, 906
Term of office 4083
Term expired, acting as constable
after 4100
Penalty 4100
Two for each militia district. . . . 4083
Vacancies in office 4085
Filled by justices of the peace
in what cases 4085, 4086, 4088
Constables' Sales.
Advertisement of 4166
Bulky articles 5455
Continuance of sale from day to
day 5456
Perishable property 5463
Time and place of sale 4166
Constitution of Georgia.
Acts of courts confirmed 5937
Acts of legislature to be signed
by Governor 5776, 5785
Title of acts 5771
Amended in what manner 5940
Amendment of laws 5779
Amendments of constitution, de-
cision of supreme court, how
reversed 6211
Election of judges and solicitors
by the people 6212
Pensions for Confederate sol-
diers 6210 (a)
Appropriation bills, yeas and nays
to be called on 5775
Assumption of debt forbidden... 5895
Attorney-general, election of, 5860-5862
Duties of 5860 (a)
Qualifications of 5866
Salary of 5864
Authority of 1 (2), 5933
Bill of rights 5698-5735
Abuse under arrest, etc., pro-
hibited 5706
Accusation right to have copy
of 5702
Appeal of attainder prohibited . . 5730
Appropriations to sects, for-
bidden 5711
Arms, right of people to bear. . 5719
Assemble and petition, right of
people to 5721
Banishment as punishment, pro-
hibited 5704
Benefit of counsel 5702
Citizens, persons who are de-
clared to be 5722
Protection of, guaranteed . . . 5722
Civil authority superior to
military 5716
Contempt, power to punish for,
limited 5717
Corruption of blood, forfeiture
of estate, conviction not work 5725
Cost not bailable until after con-
viction 5707
467
INDEX.
Co
CIVIL LAW.
Constitution of Georgia — Continued.
Crimination of self not com-
pelled 5703
Cruel and unusual punish-
ment prohibited 5706
Debtor concealing property,
power to reach 5728
Excessive bail, not required. . . . 5706
Ex post facto law, shall not be
passed 5730
Excessive fines prohibited 5706
Fraud, power to punish 5728
Freedom of conscience 5709
Habeas corpus not to be sus-
pended 5708
Imprisonment for debt pro-
hibited 5718
Irrevocable grants of special
privileges 5730
Jeopardy, twice in forbidden... 5705
Jury judges of law and the facts
in criminal cases 5723
Law impairing obligation of con-
tracts 5730
Legislative, judicial and exe-
cutive powers, separate 5720
Libel, truth may be given in
evidence 5723
Liberty of speech guaranteed . . 5712
Life, liberty and property, pro-
tection of ' 5700
List of witnesses, compulsory
process, right to have 5702
Lobbying made a crime 5727
Lotteries, etc., forbidden 5726
New trials in case of conviction,
power of judge to preserve. . . 5723
Origin and foundation of govern-
ment 5698
Private property, taking or
damaging for public purposes 5729
Private ways granted, when. . . . 5729
Protection the duty of govern-
ment 5699
Public and speedy trial 5702
Public officers are trustees and
servants 5698
Quartering of soldiers on citizen
prohibited 5716
Religious opinions not molested 5710
Retroactive law shall not be
passed 5730
Right to the courts 5701
Searches and seizures, un-
reasonable forbidden 5713
Slavery prohibited 5714
Special legislation forbidden... 5732
Special privileges or immunities
irrevocable grant of, forbid-
den 573
Status of citizens 5715
Treason, denned 5724
Testimony necessary to con-
vict 5724
Uniform operation of general
laws 5732
Private rights not affected by
special legislation 5732
Warrants and searches, un-
reasonable forbidden 5713
Whipping as punishment for
crime prohibited 5704
Bonded debt, not to be increased 5899
Bonds, amendment declaring cer-
tain bonds void 5948
Certain bonds declared illegal,
shall not be paid 5898
Notice of election on issue of. . 377
Borrowing money, requirements
of law as to 5889
Capital in Atlanta 5931
Charter revived or amended be-
comes subject to this consti-
tution 5799
Circuits, judicial 5946
Cities and counties, restrictions on 5891
City courts 5836, 5851, 5859
Clerical expenses of General As-
sembly 5787
Code sections and statutes, how
amended 5779
Common schools 5906-5910
Local schools not affected .... 5910
Competition, contracts to lessen,
forbidden 5800
Comptroller-general, election of. . 5823
Clerical expenses limited 5826
Fees and prequisites denied... 5829
Insurance commissioners. . .5791-5795
Qualifications of 5828
Quarterly report of 5902
Salary of 5826
Suspension of 5821
Contracts, obligations of, not to be
impaired 5802
Convention, how called 5941
Corporate powers to private com-
panies, no power to grant. . . . 5780
How granted by General As-
sembly 5780
Corporations, control of 5797-5803
Purchase of stock in other cor-
porations 5800
Counties, corporate bodies, coun-
ties are 5924
Counties and eounty officers, 5924-5930
Change of county lines 5926
Dissolution of counties 5928
New counties not allowed 5925
County and city bonds, how paid 5894
County commissioners, power to
create 5879
County offices, uniformity in 5930
County officers 5929
Co
INDEX.
46S
CIVIL LAW.
Constitution of Georgia — Continued.
County sites, change of 5927
Courts enumerated 5831
Prior acts validated 5937
Power to abolish 5880
Court of ordinary 5852-5854
Appeals from 5853
Powers of 5853
Debt of cities 5891-5894, 5897
Debt of counties ' 5891
Debt of State, public property
pledged for 5900
Contracted, how 5889
For what contracted 5888-5901
Disqualification to hold office, 5739, 5741
Duels, persons engaged in 5741
Holder of public funds 5740
Divorce, how granted 5869
Last jury determines disabilities 5868
Venue of cases 5869
Donations forbidden 5903
Education 5906-5911
Educational tax 5909
Election, contested 5809
Judges election 5863
Qualification of members, each
house is judge of 5764
Registration of voters 5738
Sale of liquor on election days
forbidden 5742
Solicitor's election 5863
Returns of 5743, 5807
How opened and published.. 5808
To be made to Secretary of
State 5743
Elective franchise 5736-5743
Eminent domain, right of 5798
Enactment of laws 5764-5786
Equity and law, measure of 5843
Executive department 5804-5830
Officers of 5804
Executive power vested in Gov-
ernor 5805
Ineligible after second term... 5805
Salary of Governor 5805
Exemptions 5912-5920
Existing officers continued 5938
Extra compensation forbidden... 5904
Finance 5882-5905
Fire insurance companies, de-
posits of 5794
Semi-annual reports to Governor 5795
General appropriation bills 5772
Embrace what subjects 5772
Other appropriations made by
separate bill 5772
General Assembly 5744-5795
Appointment of members to of-
fice forbidden 5754
Bills, one subject-matter to be
expressed 5771
Bills to be read three times. . . . 5770
Title only, when read 5770
Bridges and ferries, not estab-
lished by 5780
Contempts, how punished 5765
Convoked by Governor, when. . 5816
Corporate powers, how granted 5780
Elections by 5789
Election of members, when held 5750
Election precincts not changed
by 5780
Eligibility of members 5754
Expulsion of members 5764
Journals to be kept and pub-
lished 5767
Original journals, where kept 5768
Length of session limited 5751
Prolonged, when 5751
Majority of members to pass
bill 5777
Meetings of 5751
Oath of members 5753
Officers of the General Assembly 5787
Bond of secretary of senate
and clerk of house 5787
Pay of members 5788
Power to compel presence of
members 5752
Power to make laws, etc 5784
Power to punish members 5764
Privileges of members 5766
Quorum 5752
Recognizances, no power to re-
lieve from 5781
Removal vacates seat 5755
Signature of bills by Governor 5785
Street railway, construction not
authorized by, when 5782
Terms of members 5749
Yea and nay vote to be entered,
when 5699, 5783
Governor 5804-5822
Approval of bills, resolutions,
etc 5819, 5820
Commander in chief of army
and navy 5814
Death, resignation or disability 5811
Election of 5806
Election returns, how made . . 5807
Examination of offices of treas-
urer and comptroller 5821
General Assembly convoked by,
when 5816
Oath of office 5813
Proclamation declaring Consti-
tution ratified •• 5949
Qualifications 5810
Rejected person not to be re-
appointed 5818
Secretaries and clerical forces 5822
Unexpired term, how filled 5812
Vacancies in General Assembly,
writs of election to fill 5816
469
INDEX.
Co
CIVIL LAW.
Constitution of Georgia — Continued.
Vacancies in office filled by . . 5817
Homestead and exemptions. .5912-5920
Former homestead preserved . . 5918
Property exempt from levy and
sale 5912
Protection of property set apart
guaranteed , 5913
Sale and reinvestment 5920
Set apart in what manner 5915
Short homestead preserved .... 5915
May be waived 5916
Vested rights preserved . . 5918, 5919
Waiver of homestead 5914
House of Representatives. . . .5761-5789
Adjournments 5786
Bills for raising revenue or ap-
propriating money originate
in House only 5773
Clerical expenses of 5787
Impeach, power to 5763
Names of legitimate children
not changed by 5780
Number of members 5747
Apportionment among several
counties 5747
Apportionment, how changed 5748
Qualification of members 5761
Speaker of the House, election
of 5762
Impeach, House of Representatives
has sole power to 5763
Impeachments, judgments in im-
peachments 5760
Senate alone has power to try. 5758
Trial of impeachments 5759
Information from officers, author-
ity to require 5821
Judges of superior and city courts,
may preside for each other,
when 5851
Election of 5863
Salaries of 5864
Salaries may be changed, how. 5865
Term of office 5839, 5841
Judgments without a jury 5848
Judicial circuits, number and
organization 5946
Judiciary , 5831-5881
Jury trials 5702, 5876-5878
Compensation of jurors 5878
Right to preserve inviolate.... 5876
Selecting of jurors 5877
Justices of the peace 5855-5858
Elections and commissions.... 5857
Number and term of office. . . . 5855
Jurisdiction of 5856
Laws and ordinances. ...... .5932-5939
How passed 5767-5787
Laws of general operation .... 5932-5939
Unconstitutional laws to be de-
clared void 5733
What laws not to be passed. . . .
5729-5721, 5798, 5800-5803
Laws, special, not to be passed,
when 5732
Legislative department 5744-5795
Power vested in General As-
sembly 5744
Life insurance companies, foreign
must show deposit made. . . . 5791
License by comptroller 5792
Resident, deposits required of. . 5793
Semi-annual reports to Governor 5795
Liquor, sale on election days.... 5742
Local law, how passed 5778
Local and private acts, force of 5935
Notice of intention to ask 5778
Married women's property 5790
Militia 5921-5923
Organization of 5921
Pay of militia 5923
Volunteer companies organized 5922
Monopoly contracts not en-
couraged 5800
Municipal debts, how incurred . .
5891-5894, 5897
Limitation on 5893
Nonresident life insurance com-
panies i 5791
Semi-annual reports to Governor 5795
Notaries public, appointment,
number, etc 5858
Oath of office of Governor 5813
Obligation of contracts preserved 5802
Ordinances of the convention,
force of 5939
Ordinary 5852-5854
Term of office 5854
Police power not to be abridged . . 5798
Privilege of voters from arrest.. 5739
Public money, how drawn from
treasury 5774
Profit on, forbidden 5896
Public printing . ., 5905
Qualification of voters 5736, 5737
Election by people to be by bal-
lot 5736
Oath of electors ..'.... i 5737
Soldiers and sailors of the
United States 5737
Railroad tariffs, right to regulate 5797
Ratified in what manner ........ 5942
Consolidation of votes 5943
Rebates by railroad companies.. 5801
Registration of voters 5738
Disqualified persons excluded.. 5738
Rejected bills, not to be proposed
second time, when 5776
Reprieves and pardons 5815
Salaries of judges 5864
May be changed 5865
School commissioner 5907
School fund, how raised 5908
Co
INDEX.
470
CIVIL LAW.
Constitution of Georgia — Continued.
Seal of State 5830
Secretary of State, election of . . . . 5823
Fees and perquisites denied. . . . 5829
Qualifications of 5828
Salary of 5825
Senate of Georgia 5745-5760
Impeachments, Senate alone has
power to try 5758
President, election of 5757
Qualification of senators 5756
Senatorial districts 5745
Changed how 5746
One senator from each district. 5745
Signing and ratification of Consti-
tution of 1877, 5947
Sinking fund, annual tax to raise 5901
Solicitor-general, duties of 5962
Fees and perquisites denied... 5864
Qualifications of 5866
Salary of 5864
Term of office 5861
State aid forbidden 5990
State debt 5888-5901
State rights 5734
Statutes and Code sections, how
amended 5779
Superior courts, constitutional
provisions 5839-5851
Appellate jurisdiction 5845
Correction of errors of inferior
judicatories 5846
Exclusive jurisdiction of 5842
Judge disqualified, appointment
of another 5850
Election of 5840
Term of office 5839
Jurisdiction of 5842-5851
General in civil cases 5844
Qualifications of judges 5866
Sessions of 5849
Supplemental homestead 5917
Supreme court, bondholding judge
disqualified, when 5834
Cases, how disposed of 5837
Costs in ... . 5881
Governor to designate judges to
preside, when 5833
Judgments may be withheld... 5838
Jurisdiction 5836
Number of justices 5832
Qualifications of justices 5866
Terms of justices 5835
Time and place of sitting 5836
Supreme law, what is 5932
Taxation, a sovereign right 5796
Corporations, tax on 5887
Counties and cities, restrictions
on 5891
Irrevocable gifts, grants or im-
munities, void 5796
Power of counties limited. 5892, 5909
Domestic animals, tax upon. . . . 5883
Educational purposes 5909
Exemptions 5884, 5886
How and for what purposes ex-
ercised 5882
Poll tax 5885
Uniformity clause 5883
Treasurer, election of 5823
Fees and perquisites denied. . . 5829
Profit from the use of the public
money, forbidden 5827
Qualifications of 5828
Quarterly reports of 5902
Salary of 5824
Suspension of 5821
Unconstitutional laws to be de-
clared void 5733
Uniformity of courts 5859
University of Georgia 5911
Venue 5869-5875
Change of 5875
Divorce cases, where brought. . 5869
Equity cases, where tried 5871
Joint obligors, etc., suits against 5872
Land titles, where tried 5870
Makers and indorsers, suits
against 5873
Unenumerated cases 5874
Vested rights secured .... 5730, 5936
Veto of Governor 5819
Voters, qualifications of ..... .5736-5741
Volunteers 5922
Wife's estate remains her own. . . 5790
Constitutional Amendments ..6210a-6212
Decision of supreme court, how
reversed 6211
Election of judges and solicitors
by the people 6212
Pensions for Confederate soldiers 6210a
Constitutional Convention.
Called in what manner 5941
Ordinances, force and effect of. . 5939
Constitution of the United States.
Acts and records of 6002
Acts and records of the States. . . 6002
Full credit to be given to 6002
Ambassadors 5992, 5994, 5997
Amendments to the constitution,
6014-6036
Amendments, how made 6009
Appeal from one jury to another. 5847
Apportionment of representatives 5953
Armies, power to raise 5174 (11)
Assemble and petition, right of
people to 6014
Attainder, bill of, shall not pass. 5977
Authority as supreme law 1
Bail and fines, excessive, not re-
quired 6021
Bankruptcy laws, power to pass,
5974 (4)
Bear arms, right of people to. . . . 6015
471
INDEX.
Co
CIVIL LAW.
Constitution of the United States —
Continued.
Bill not approved within ten days
becomes a law 5972
Citizens' privileges . ., 6003
Citizenship defined 6030
Abridgment of rights prohibited 6030
Coin money, power to 5974 (5)
Commerce, power to regulate, 5974 (3)
Compensation of senators and rep-
resentatives 5969
Congress, acts of, and of other
States, how proven 5237, 5238
Adjournments 5968
Apportionment of represent-
atives 6031
Basis of representation
abridged in certain cases.. 6031
Assembles annually 5864
Convening by the president's
order 5994
Elections, how held 5963
Expulsion of members 5966
Ineligibility of members to hold
other offices 5970
Laws, how passed by 5971, 5973
Oath to the constitution 6012
Powers of 5974
Privileges of members 5969
Resolutions, etc., how passed.. 5973
Consuls and vice consuls... 5992, 5997
Attestation of deeds by 3621
Attestation of indentures by... 2602
Constitutional provisions. .5992, 5997
Counterfeiting, power to punish,
5977 (6)
Courts, power to establish . . . .5974 (9)
Criminal prosecutions, rights
guaranteed to the accused . . 6019
Cruel and unusual punishment
prohibited . ., 6021
Debt incurred in aid of insurrec-
tion or rebellion, void 6033
Article, how enforced 6034
Debts of government contracted
before adoption, valid 6010
Due process of law' 6018, 6030
Elections for Senators and Repre-
sentatives , 5963
Elections, how judged 5965
Right to vote not to be abridged
on account of race, color, etc. 6035
Article, how enforced 6036
Equal protection of the laws 6030
Exclusive jurisdiction 5974 (16)
Executive department 5984-5995
Executive powers vested in presi-
dent ! 5984
Exports, tax or duty on 5979
Ex post facto law, not to be passed 5977
Fines and bail, excessive, not re-
quired , 6021
Freedom of the members 6014
Fugitives from justice 6004
Fugitive from service 6005
Habeas corpus, suspension of, for-
bidden 5976
House of Representatives, im-
peachment power resides
with 5955
Members of, how chosen 5951
Number of members 5953
Apportionment of members . . 5953
Powers of House 5955
Qualification of members 5952
Revenue bills originate in 5971
Vacancies, how filled 5954
Impeachment, officers removed by 5995
Imposts 5983
Indictment prerequisite to punish-
ment 6018
Jeopardy, placing twice in, for-
bidden 6018
Journals of each house 5967
Judges, term of office 5996
Compensation of judges 5996
Judicial department 5996-6001
Judicial powers and tenure of
judges 5996
Restrictions on judicial power. . 6024
Jurisdiction, extent of 5997
Whether original or appellate. 5998
Jury, trials by 5999
In civil cases 6020
In criminal cases 5999
Laws, necessary, etc., power to
pass 5974 (17)
Laws contrary to, void 5733
Legislative department 5950-5983
Legislative powers vested in Con-
gress 5950
Limitations on powers of the
several States 5982, 5983
Loans, power to contract ....5974 (2)
Military law, power to make. .5974 (13)
Militia, power to call out. . . .5974 (14)
Organization of the militia, 5974 (15)
Miscellaneous provisions 6010-6012
Money, how drawn 5980
Naturalization law, power to
pass 5974 (4)
Navy, power to maintain . . . .5974 (12)
New States, admission of ........ . 6006
Oath to the constitution 6012
Passing and approval of bills .... 5972
Passing bills over the president's
veto 5972
Piracies and felonies on the high
seas, power to punish. .. .5974 (9)
Political disabilities 6032
Post offices and post roads, power
to establish 5974 (7)
Powers of Congress 5974
Powers not delegated 6023
Co
INDEX.
472
CIVIL LAW.
Constitution of the United States —
Continued.
Preamble, Vol. 2, page 1855.
Preference of ports forbidden. . . . 5979
President, appointment of am-
bassadors, consuls, judges
and other officers 5992
Commander in chief, president
is 5991
Compensation of 5989
Duties of 5994
Election 5985, 6025
Executive powers vested in... 5984
Manner of electing 5985, 6025
Oath of office 5990
Opinions from authorities 5991
Powers of 5991
Term of office 5984
Treaties, power to make 5992
Vacancies during recess, power
to grant commissions 5993
Who may be elected 5987
President and vice president, elec-
tion, manner of . ... 6025
Time of election 5986
President of the Senate 5959
Prior debts of government 6010
Property, taking for public use. . 6018
Public debt not to be collected . . . 6033
Public ministers 5992, 5997
Punishment of members 5966
Quartering troops forbidden 6016
Ratification 6013
Rebellion, disability for having
engaged in 6032
Power of Congress to remove. . 6032
Relative rights of State 6002-6008
Religious freedom 6014
Reprieves and pardons, power to
grant ' 5991
Republican form of government
guaranteed 6008
Restrictions on judicial power. . . . 6024
Revenue bills originate in the
House of Representatives.... 5171
Rights of conscience 6014
Rights reserved to the people. . . . 6022
Rules of proceedings 5966
Science and arts, power to pro-
mote 5974 (8)
Searches, seizures and general
warrants 6017
Senate, classification of senators 5957
Composition of, and terms of
senators 5956
Impeachments tried by 5961
Judgments on impeachments. . 5962
Officers chosen by 5960
President of the Senate 5959
Qualifications of senators 5958
Vacancies, how filled 5954
Slavery abolished 6028
Article, how enforced 6029
Slaves, importation forbidden.... 5975
Supreme court judges, appoint-
ment of 5992
Supreme law, constitution and
treaties are 1 (1), 6011
Taking property for public use. . 6018
Taxes, apportionment of 5953
Capitation tax, how laid 5978
Direct tax shall not be laid,
when 5978
Export duties 5979
Power to lay and collect 5974 (1)
Territories, power over 6007
Titles of nobility not allowed 5981
Treason, attainder of not work
corruption of blood or forfeit-
ure 6001
Defined 6000 ,
Punishment of treason 6000
Witnesses necessary to convict 6000
Trial in criminal cases 6019
In civil cases 6020
Vessels of one State, not to pay
duties in another 5979
Vice president, acts as president
in what cases 5988
Election of 5959, 5986
Eligibility 6027
Failure to elect, Senate elects.. 6026
Manner of electing 5985
Term of office 5984
War power of Congress to de-
clare 5974 (10)
Weights and measures, power to
fix 5974 (5)
Witness against himself, person
not compelled to be 6018
Construction of Contracts.
Agent's authority, construction of 3023
Ambiguities may be explained . .
3675 (1)
Ambiguous, words may be sup-
plied, when 3675 (5)
Conditions rule of construction as
to ....' 3971
Court construes law 3672
Facts to be found by jury 3672
Doubtful, construed most strongly
against maker 3675 (4)
Fee simple estates, rule as to. . . . 3083
Grammatical construction, rules
of, govern 3675 (5)
Transposition of words, etc....
3675 (5)
Words supplied, when 3675 (5)
Implication, estates and grants
by, not favored 3675 (7)
Intention of maker governs con-
struction 3083
Intention of one party known to
the other 3674
473
INDEX.
Co
CIVIL LAW.
Construction of Contracts — Continued.
Meaning of one party Known to
the other 3674
Marriage contracts and settle-
ments 2482
Parol evidence inadmissible, 3675 (1)
Partly printed, partly written,
written preferred 3675 (6)
Realty and personalty, same rules
govern 3080
Rules of interpretation 3672-3675
Technical rules disregarded, when
intention clear 3673
Time not essence, unless ex-
pressly made so 3675 (8)
Uphold, construction which will,
preferred 3675 (3)
Vacation, judge's power to con-
strue wills, etc., in 4855
Verdicts, construction of ... . 5112, 5332
Whole contract must be looked
to 3675 (3)
"Words bear usual signification . .
3675 (2)
Local usage may be proved. . . . 3675
Written contract, not varied by
parol 3675 (1)
Part only in writing 3675 (5)
Construction of Statutes.
Bond required, when sufficient. . 4 (7)
Days, how counted 4 (8)
Gender 4 (3)
General rule for construing 4
Grammatical errors 4 (9)
Intention diligently looked for. . 4 (9)
Joint authority given, how con-
strued 4 (5)
Number, singular and plural .... 4 (4)
Ordinary signification of words. 4 (1)
Substantial compliance sufficient 4 (6)
Tense 4 (2)
Time, computation of 4 (8)
Constructive Fraud (see Fraud).
Definition of 4025
Constructive Possession (see Pos-
session).
Definition of 3586
Consuls and Vice Consuls (see
Constitution of the United
States).
Contagious or Infectious Diseases.
Duty of Governor 1466
Laws affecting 1457-1475
Contempt of Court (see Attachment
for Contempt).
Arguments after opinion pro-
nounced 5638
Attachments for, in equitable pro-
ceedings 4858
Attorney appearing without au-
thority 4422
Signing as bail or security . . . 5641
Bond for appearance of defendant
on jury trial 4046 (4)
City court's power to punish for. 4285
Clerk allowing original papers to
be taken from his office 5649
Consists of what 4046
County courts, power of judges . . 4207
Courts martial, power to punish
for 1189-1199
Discovery at law, when party sub-
ject to attachment for 3956
Failing to return interrogatories 5312
Failure or refusal to pay over
money, jury trial 4046
Issue, how made up 4046 (2)
Questions to be propounded by
judge 4046 (3)
Fast bills of exception 5540
General Assembly, punishment
by 5765
Injunctions, etc., enforced by at-
tachment 4860
Justices of the peace, powers as
to 4082
Money rules 4046
Ordinary may attach for
4233, 4261, 4267
Power of court to punish for. . . . 4046
Power limited ,. . . 5717
Sheriff subject to rule for 4770
Superior court, power to punish,
4320 (5)
Supreme court, power to punish
for 5498 (6), 5631
Contested Elections (see Elections).
Commission issued, no contest
after .107 (6)
Counter charges by contestee and
notice thereof 107 (5)
Election defeated when, and for
what 112
Examination of witnesses ....107 (4)
Of suspected ballots 110
Formal defects, election not set
aside for 112
General Assembly, election of
members of . ., 110
In cases where Governor commis-
sions 107-109
Other contested elections Ill
Illegal votes may be proven 109
Set off against each other 109
Notice of contest, failure to prose-
cute claim 107 (8), 6122
Notice to Governor to withhold
commission 107 (1)
Notice to adverse party .... 107 (2)
Notice by contestee, counter
charges 107 (5)
Primary elections, contests and
proceedings thereon, 115, 6123, 6124
Co
INDEX.
474
CIVIL LAW.
Contested Elections — Continued.
Proceedings in cases of 107-109
Record, when to be transmited by
judge of superior court
107 (7), 6121
Procedure where judge is dis-
qualified 6121
Removal of county site (see
Counties and County Matters).
6060-6069
Suspected ballots, examination
of 108, 110
Testimony, how and before whom
taken 107 (3)
Contingency.
Sale, contingency not subject of,
3537, 5452
Contingent and Shifting Trusts (see
Trusts).
Definition of 3154
Contingent Estates (see Estates) .. . 3101
Contingent Fees.
Paid by Governor 126
Contingent Fund.
Payment of officers out of 283
Contingent Remainders (see Re-
mainder Estates).
Definition of 3100
Continuance.
Absence or illness of counsel.... 5132
Applicant shall swear what. . . . 5132
Absence of party, as ground of . . . 5131
Absence of witnesses, continu-
ances for 5129
Admission of facts to avoid.... 5130
Application to show what 5129
Witnesses, when not entitled to
costs 5141
Admission of facts, as ground of
denial 5130
All grounds to be taken at once. . 5675
Allowed to diligent only 5135
Amending party when not entitled
to 5127
Charged to amending party,
when 5128
Amendments, time for answering 5068
Appeal cases 5137
Arbitrators, continuance before.. 4493
Cause not reached, stands con-
tinued 5133
Costs to witnesses after, denied. . 5141
Counter showing and discretion
of court 5138
County court, continuance in.... 4203
Diligence required 5135
Discretion of the court 5138
Divorce cases, rules for 2450
Entry on docket 5140
Establishment of lost papers.... 4746
Guardians, citation for settlement 2560
Interrogatories, continuance for
nonreturn of 4449, 5136 (2)
Justices' courts, continuances in,
4101, 4136
Notice to produce, proving un-
availing 5251
One only at instance of same
party 5126
Opening judgment by default, con-
tinuance on 5072, 5654
Postponed rather than continued,
when 5139
Public announcement of 5140
Supreme court, continuances in
cases sent back from 5134
Surprise by amendment 5128
Surprised by plea, when plaintiff
is 5654
Term, no continuance for, when, 5139
Trustee of university, attorney,
absence of 1278
Witnesses (see Absence of Wit-
nesses, above).
Continuing Trusts (see Trusts).
Excepted from statute of limita-
tions 3198
Contractors.
Bonds of contractors. .602 (2), 603, 622
Employers' liability for acts of . . . 3819
Extra compensation to, forbidden 5904
Independent contractors, who lia-
ble for acts of 3818, 3819
Liens in favor of. . . 2787 (8), 2801-2805
Torts of. employer's liability for. 3819
Twenty five per cent, retained by 2802
Failure to return, effect of . . . . 2803
Contracts 3631-3806
Absolute contracts 3638
Breach of one contract not re-
lieve another 3638
Affidavit in action on contract. . . . 5655
Against policy of the laws, void. . 3668
Agency, breach of contract of . . . . 3021
Agent, contracts with, in his own
name 3037 (3)
Alteration of, effect of 3702
By whom tried 3703
Must be explained 3704
Mistake, alteration by 3700
Stranger making 3702
Unintentional alteration 3702
Apportionment, when allowed... 3644
Apprenticeship 2598
Minor need not sign 2599
Assent is essential to contract...
2645, 3637
Duress defined 3670
Attorney's fees, contracts to pay,
when void 3667
Bar of actions ex contractu (see
Limitation of Actions) . . .3760-3792
Bonds of contractors. .602 (2), 603, 622
475
INDEX.
Co
CIVIL LAW.
Contracts — Continued.
Breach and damage 3793-3806
Actions for breach of 3016, 3793
All breaches must be included
in suit 3793-3806
Damages for 3794-3806
Damages, where no specific per-
formance had 4042
Employment branch of contract
of 3016
Exemplary damages not allowed 3797
Classification of, rule for 3638
Competition, contracts by insur-
ance companies affecting, for-
bidden 2085
Contracts to lessen void
5730, 5798, 5800
Conditions, breach of, effect of. . 3141
Construction of, in equity 3971
Dependent and independent con-
ditions 3140
Devises and legacies, void con-
ditions in 3335
Estates granted on 3136
Gift not effected by, void con-
ditions 3568
Grantee bound by conditions in
deed 3600
Illegal acts, condition to per-
form, illegal 3138
Impossible things 3138
Noncompliance with as a de-
fense 3707-3709
Nonperformance, and what will
excuse 3139
Notice of, unnecessary 3139
Precedent and subsequent con-
ditions 3639
What are 3137
Restraint of marriage 2410
Rights of parties as to 3639
Void conditions 3640
Conditional contracts, definition
of 3638
Breach of one covenant, re-
lease of dependent covenants 3638
Consideration (see title Consider-
ation) 3656 3665
Construction of contracts (see
Construction of Contracts) . .
3672-3675
Contracts of record, defined 3633
Copy attached to petition 4963
Corporations, where suits may be
brought 1900
Counties, contracts by 343-346
Must be in writing 343
Damages contemplated by the
parties 3799
Exemplary, not allowed 3797
Expenses of litigation, not a
part of . 3796
Necessary expenses as a part
of 3806
Defenses which may be set up. . .
3706, 3707
Definition of 3631
Of conditions precedent and
subsequent 2639
Denial of contracts 3701-3716
Dependent covenants 3709
Discharged in what manner
2971, 3715, 3732
Disregard of terms of, mutual... 3642
Notice of intention to rely on
exact terms 3642
Drunkards, contracts of, not bind,
when 3647, 3654
Party wilfully causing, liable. . 3654
Duress invalidates 3670
Educational and religious corpo-
rations . , 2364
Election to sue on tort or contract 3811
Entire or severable contracts.... 3643
Entire, but one suit on, allowed 3793
Aliter, where several of them. 3793
Essentials of a valid contract. . . .
2411, 3637
Executed or executory, defined . .
'3631, 3632
Exemplary damages not allowed 3797
Factor contracting on his own
credit 3037 (1)
Failure of consideration, as a de-
fense 3707
Fault of other party preventing
performance 3727
Fertilizer, sale of; contracts void,
when 1570
Fraud vitiates 3669
Fraudulent, where intention to de-
lay creditors 2695 (2)
Fully executed, takes out of stat-
ute of frauds 2694 (1)
Gaming contracts void 3671
Guardians, contracts by 2555
May contract for labor 2549
Illegal conditions, not bind 3640
Impossible, immoral, and illegal
conditions 3640
Illegal contracts (see that title) . .
3631, 3632
Illegal contracts by officers ....
6072, 6073
Immoral conditions, not bind.... 3640
Impairing of, forbidden 6, 5730
Implied obligations to pay 4936
Impossibility of performance. . . . 3725
Impossible conditions, not void.. 3640
Incapacity to contract, who may
plead 3653
Governed by lex loci 3655
Indorser, contracts of (see title
Indorser) 3687
Go
INDEX.
476
CIVIL LAW.
Contracts — Continued.
Infancy a personal exemption... 3649
Infants, contracts of, when bind . .
3647, 3648, 3650
Doing business, bound, when... 3650
Marriage contracts of 3651
Initials, contracts signed by 4942
Injunction to restrain breach for
personal services 4919
Insane persons, cannot contract. .
3647, 3652
Necessaries furnished to 3652
Restoration of mental capacity 3652
Intention of parties must be
sought 3673
Intention clear, technical rules
disregarded 3673
Interest, when allowable 3800
Intermarriage, effect of, on debt. 3716
Interpretation of, rule for 3675
Laws impairing obligation, for-
bidden 5730
Lessen damage, plaintiff bound to 3802
Letter, contracts by 3646
Alternative proposition, right
to elect 3646
Lex loci determines validity, etc . . 8
Capacity to contract governed
by 3655
Licenses revocable 15
Limitation of actions on (see
Limitation of Actions) .. .3760-3792
Liquidated damages, definition of 3794
Damages given as compensation 3794
Penalties in bond, not liquidated
damages 3795
Marriage, essentials of 2411
Contracts in restraint of 2410
Infants marriage, when valid.. 3651
Marriage — brokerage bonds void.. 2415
Marriage contracts and settle-
ments 2480-2492
Married woman may, presump-
tions • 2492
Master and servant, releasing lia-
bility, void, when 2613
Meaning, where intention differs 3674
Mistake, cancel for mistake of
one, when 3982
Mutual temporary disregard of. . 3642
Negligence, liability for 2613
New agreements 3642
New promise (see New Promise).
3788-3792
Nominal damages 3801
Tender as relieving costs 3801
Noncompliance with conditions
of 3707
Non est factum, defense of... 3694, 3701
Sworn to, when 3701
Novation, effect on original con-
tract 3641
Obligation, denial of 3706
Obligation of contracts preserved,
5730, 5802
Legislature to enforce 5803
Obligatory force, want of, may be
pleaded 3706
Overseers, parol contracts of.... 3044
Parol contracts defined 3636
Parties to action on 4939
Parties to contracts 3647-3655
Persons who cannot contract. . 3647
Partnership, how created (see that
title) 2626
Patent or proprietary rights, 6650-6652
Payment as a defense against..
3717-3722
Penalties in bonds, not liquidated
damages 3795
Performance of 3724-3726
Impossibility of 3725
Nonperformance through fault
of other party 3727
Part performance 3726
Performance and acceptance,
under statute of frauds 2694 (2)
Principal and surety (see that
title) 2966-2996
Public policy, contracts against,
void 3668
Public works contracts for, how
let .' 344
Record, contracts of, defined 3633
Reforming contracts in equity. . 3981
Release of contracts 3714-3716
Things equivalent to 3714
Remedy for every breach 3076
Remote damages 3798
Rescission as a defense 3710, 3712
Fraud as ground for 3711
Restraint of marriage 2410
Restraint of trade, contract in,
void 3668, 5730, 5798, 5800
Retrospective laws not affect. ... 6
Seal, specialty is contract under. 3634
Set-off (see that title) 3745-3759
Severable contracts 3643
Several actions on 3793
Simple contracts, defined 3635
Written or verbal, may be 3636
Specialty, definition of 3634
Specific performance of 4037
Inadequacy of consideration
may justify refusal 4040
Speculation upon chances, void.. 3537
Substantial performance required 3724
Surrounding circumstances, admis-
sibility to aid in construction 5205
Temporary abandonment, effect
of 3642
Tender (see that title) 3728-3731
Tort or contract, action on 3903
477
INDEX.
Co
CIVIL LAW.
Contracts — Continued.
Unconditional contracts in writ-
ing, judgments on 5669
Form of judgments 5670
Vacation, power to enforce in... 4855
Valuable consideration, marriage
is 2487
Void conditions 3640
Void contracts 3666-3671
Negligence of master, contract
excusing 2613
Void under statute of frauds, 2693, 2694
Writing, contracts which must be
in 2693, 2694
Contribution.
Equity compels, when 3991
Interest allowed on sum paid by-
surety 2993
Joint incumbrances 3992
Partners, contribution amongst.. 2640
Partner insolvent 2641
Sureties' right to 2889-2994
Insolvent sureties' part borne
by solvent 2992
Surety must account for all re-
ceived 2994
Transfer of securities held by
co-sureties compelled .., 2994
Trespassers, contribution between 3916
Contributory Negligence (see Negli-
gence).
Effect of, in suit for torts 2322, 3830
Control of Judgments and Execu-
tions.
Joint debtors, control by 5376
Security on stay, control of exe-
cution by 5441
Transferees of executions, con-
trol by 5374
Convention.
Constitutional convention, how
called (see Constitutional
Convention) 5941
Conversations.
Admissible to explain conduct and
ascertain motives 5176
Entire conversation admissible.. 5196
Conversion (see Trover).
Highest amount proved re-
coverable 3917
Conveyance (see Deeds).
Churches, conveyance to, declared
good 2352, 2353
Fraudulent where intention to de-
lay creditors 2695 (2)
Taxes, conveyance to avoid, void. . 885
Conveyance and Registry (see
Deeds, Registration).
Churches, conveyance to, con-
firmed 2352, 2353
Creditors may attack conveyances,
when , 2689
Deeds, registration of 3618
Marriage contracts 2483
Mortgages 2724-2730
Secure debts, effect of deeds to.. 2771
Societies, conveyance to confirmed 2356
Conveyances of Titles (see Deeds).
3599-3611 (2)
Conviction.
Bars prosecution, when 5705
Costs, not payable before 5707
Disqualification for office and
voting, when 5738
Dueling, conviction of, as a dis-
qualification 5741
Forfeiture not worked by 5725
Impeachment, conviction under,
effect of 5760
Convicts.
City government of 713, 715
Officers' liability for damage to 716
Insane, how admitted to lunatic
asylum 1446
Cured convicts, how disposed of 1448
Supported in what way 1447
Co-operative Insurance 2030
Co-partners (see Partners).
Copies.
Admissible in evidence, when... 5174
City records, copies from 5216
Justices' courts, copies from 5214
Letters of administration, evidence
of 5213
Records, copies, when admissible 5167
Registered documents, evidence,
when 5219
Wills, copies, when admissible. . . 5167
Cord of Wood.
Definition of 1600
Forfeiture for selling under 1600
Corn, Flour, Meal and Grain.
Inspection of 1630
Regulations as to (see Flour) .1621-1630
Title to corn, etc., not pass until
paid for 3546
Coroner 491-497
Appointed by ordinary, when.... 492
Bond of 494
Additional bond of 495
Approval and record 257
Default of, how punished 4779
Election of, general provisions ....
80, 96, 97, 100, 491
Executions when directed to. . . . 5414
Fees, tax levy to pay 404 (4)
Inquest of dead bodies to be taken,
when 497
Justices of the peace may act as
coroner 4074
Co
INDEX.
4T8
CIVIL LAW.
Coroner — Continued.
Liability of, to suits, etc 4769
Money collected by, may be de-
manded 4771
Liability for twenty per cent.
for refusal 4771
Service of demand, how proved 4772
Notice of election of, by whom
given 100
Oath of corner 493
Rule, subject to, when and how,
4769-4782
Ruled after going out of office. . 4773
Serve process in what cases 496
Sheriff a party, process, to whom
directed 4993
Coroner acting as sheriff 4370
Term of office 98, 491, 6117
Corporate Courts (see Police Courts).
Certiorari from 4637
Code, how affected by 711
Corporations 1831-2409
Actions against, or against stock-
holders 1892-1898
Agent, created how 3002
Agents, responsibility for 1861
Amendments and renewals of
charters 2350 (6)
Application for superior court
charter 2350 (1)
Artificial persons, and subject to
be changed 1802
Assets, liabilities of stockholders
are 1890
Assign, corporations may 2698
May make no preferences 2698
Attachment, levy on stock in. 4535-4537
Banks and banking (see that title).
1963-1985
Blacklisting prohibited 1873
Penalty for violating, treble
damages awarded 1874
Trials for violation of 1876-1878
Bonds of, to be certified and re-
corded 1866
Compensation of Secretary of
State 1869
Entry of payment and cancella-
tion 6157
Fined for failing to record 1867
Unrecorded bonds, circulation
forbidden 1868
Building and loan associations
(see that title) 2388-2408
Business to be begun in two years,
2350 (3)
Canal companies (see that title).
1986-1999
Capital stock, minimum of banks 1910
Personal property, stock is.... 3070
Capital subscribed before incorpo-
ration 1856
Certificates or checks for wages to
be redeemed . . . ., 1871
Change of name or place of busi-
ness 1844, 6156
Certificate of change, form of . . 1 845
Face value of shares changed..
1844, 6156
Number of board of directors
changed 1844, 6156
Vote of majority of stockholders 6156
Charitable institutions for the
custody of children (see that
title) 2372-2387
Charitable organizations (see
Charities) 2356, 2357, 2372-2387
Charters.
Amendment of . . 1840-1843, 2350 (6)
Acceptance of amendment
presumed 1842
Certificate of amendment. . 1841
How held 5799
Petitions, etc., to be kept of
file 1843
Amended or revived become
subject to the constitution . . . 5799
Changed, charter subject to be. . 1845
Charitable institutions for the
custody of children 2373-2387
Churches, schools, societies, etc.
2351-2362
Comptroller-general, charter
granted by 1904, 2007, 2159
Duration of charter 1851
Foreign corporations, how far
binding 1850
Forfeiture of 875, 1883
Banks, forfeiture by . . . 1969, 1970
Insurance companies 2007-2030
Liens created under, continued. 2789
Petition of canal companies to
be kept of file 1998
Renewal of 1836, 2352
Acceptance of renewal 1836
Form of certificate 1837
Petitions, etc., to be filed 1839
Renewal of charters by superior
court 2350, 6170
Petition, contents and subse-
quent procedure 6170
Revived or amended, become
subject to the constitution. . . 5799
Reviver of charters of schools,
churches, etc 2352, 6171
Secretary of State, charter
granted by 1904, 2007, 2159
Superior court, special terms to
grant charters 2349
What corporations created
by 2350
Surrender of . 1884
Towns and villages 683-686
Certificate of incorporation . . 687
479
INDEX.
Co
CIVIL LAW.
Corporations — Continued.
Tax, forfeiture for non-pay-
ment of 876
Uniform amendment of bank
charters (see Banks and Bank-
ing) 6383-6386
Withdraw franchise, right to,
reserved by State 1880, 1881
Checks or certificates for wages
to be redeemed 1871
Churches, schools, societies, etc.
(see that title) 2351-2363
City and county, restrictions on.. 5891
Collateral attack as to corporate
existence forbidden 1862
Collateral liability of officers, dis-
solution not affect 1887
Commissions, law governing, 2351-2367
Common powers of 1852
Continuance of 1851
Contracts between, having officers
in common 1857
Counties are corporate bodies. 340, 5924
Creation of 1835
By whom created 1835
Credit of State not loaned to 5890
Cumulative remedy 1898
Death of members 1885
Deceased employees, wages of,
payable to widows 6657
Definition of 1831
Directors of insolvent corpora-
tions 1858
Discharge, shall furnish cause of 1875
Applicable to combined corpo-
rations 1878
Notice or request not to employ
to be furnished 1877
Trials for violation of 1876
Discovery at law, from 3954
Dissolution of 1879-1887
By State prevented, when 1881
Collateral liability of officers
not affected 1887
Dissolved, how 1882
Disposition of assets 1886
Of public corporations, dissolu-
tion of, by legislative act.... 1879
Educational and religious 2364
Electrical companies (see that
title) 6454, 6457
Electricity, rent or sale of power 1870
Equity interference in case of mis-
management 1859
Executions against 880, 881
Existence cannot be collaterally
attacked 1862
Express companies (see that
title) 2000-2006
Extracts from books of, as evi-
dence 5236
Foreign corporations (see title
Foreign Corporations) . . . .1846-1850
Forfeiture of charter , 1883
Franchises of private corpora-
tions, salable assets 6451
Rights of purchasers 6451
Franchises, etc., incorporation of
purchasers 6452
Organization of purchasers 6453
Rights of purchasers 6451
Freight on railroads, regulation of,
5797, 5801
Garnishment how served upon..
'. 1901, 4710
Jurisdiction 1901
Salary of officers not subject
to 4733
General Assembly not to charter,
when 5780
Grants irrevocable, when 5731
Irrevocable grants prohibited . . 5730
Illegality against execution 1897
Indissoluble, when 1881
Infringement of rights of in-
dividuals prohibited 5798
Insolvent corporations, directors
of 1858
Insurance companies (see Insur-
ance) 2007-2146
Irrevocable grants prohibited.... 5130
Grants not revocable, when.... 5731
Jurisdiction of suits on contracts 1900
Land held by foreign corporations 1849
Lease or sell, not prevent liability 1864
Lessee of railroads, how sued ....
2336-2338
Subject to burdens of lessor. . . 1863
Liabilities and powers of ... .1851-1878
Liens created by by-laws 2825
Literary and other similar corpo-
rations 2363-2367
Majority stockholders entitled to
control 1859
Mandamus held by private per-
sons 4869
Members, liability of 1892
Minority stockholders, proceed-
ings by, when allowed 1860
Municipal corporations (see that
title, and see note to pp. 9-18).
Name, change of 1844
Names of stockholders, president
to give 1895
Navigation companies (see title
Navigation Companies) . .2147-2158
Officers, borrowing or using for
personal use prohibited 1872
Responsibility for acts of 1861
Order of superior court granting
charter 2350 (2)
Organization before capital sub-
scribed for 1856
Co
INDEX.
480
CIVIL LAW.
Corporations — Continued.
Person includes corporation 5
Place of business, change of. .1844 (5)
Police power of State over 5798
Power to create 1835, 5780
Powers and liabilities of 1851-1878
Powers under superior court
charter 2350 (5)
Amendments and renewals. .2350 (6)
Private corporations defined 1834
Public corporations denned .... 1833
How dissolved 1879
Public or private, divided into. . . 1832
Railroads (see title Railroads) . .
2159-2338
Using the same terminal tracks 1865
Registration of bonds 1863, 6157
Renewal of charters,
1836-1843, 2350 (6), 2352
Renewal by superior court, 2350, 6170
Petition, contents and subse-
quent procedure 6170
Reorganization of railroads (see
Railroads) 2167
Rights of corporators 1854
Sale of railroads 2167, 2179
Sale or lease, not prevent liability 1864
Schools (see that title) 2351-2367
Service, how perfected 1899-1902
On lessees 2335-2337
Service by publication on resident
company 1902
On nonresident company. . .4975-4980
Situs of educational and religious 2364
State credit not loaned to . 5890
Stock in other corporations, pur-
chase prohibited 5799, 5800
Organization before stock sub-
scribed 1856
Transfer of, when complete. . . 1855
Stockholders, liability of (see
Stock and Stockholders) . . .
1888-1892
Executions against 1894
Liability to suit 1892
Liability in case of failure, 2350 (3)
May defend suit against, when 1896
Notice to, and effect of 1893
Suits against corporations or
stockholders 1892-1897
Suits against and service there-
of 1899-1902
These actions cumulative only .1898
Superior court, corporations
created by 2340-2350
May create what corporations,
2350 (6)
Petition, filing, contents, etc... 2350
Renewal of charters embraced 6169
Renewal before expiration. . . .
2350 (7), 6170
Reviver of charters, schools,
churches, etc 2352, 6171
Special terms to grant charters 2349
What corporations created by. . 2350
Surrender of charter 1884
Tax on corporations 5887
Exemption forbidden 5887
Tax defaulters, fi. fa. against. . . . 874
Forfeiture of charter 875
Penalty in special cases 876
Telegraph companies (see Tele-
graph Companies) 2339-2348
Ten per cent, to be paid in
2350 (1), 2369
Transfer of shares, when com-
plete 1855
Trials for violating law as to
blacklisting and furnishing
cause of discharge 1876
Applicable to combined corpo-
rations 1878
Notice or request not to employ
to be furnished 1877
Venue of suits against 1900
Vested rights 1881
Visitorial powers of superior
court 1853
Waterworks companies (see that
title) 2407-2409
Withdraw franchise, right to,
reserved by State 1880
Corporal Punishment.
Inflictions on laborers in factories,
etc., forbidden 2620
Liability for inflicting 2620
Minor, recovery of damages by. . 2620
Corpus.
Encroachment on by guardian. . . 2541
Remainderman, entitled to in-
crease 3091
Corruption.
Judiciary, contracts tending to
corrupt 3668
Legislation, contracts tending to
corrupt 3368, 5727
Corruption of Blood.
Conviction shall not work 5725
Costs.
Amount of, when recovery is
under fifty dollars 5388
Appellant • must pay 4458
Arbitration, costs, how taxed 4507
Attorney, execution against 5396
Pees are costs, when 2140, 3796
Liable for, when negligent 5386
Liable when client is nonresi-
dent 5387
Plaintiff's attorney, ft. fa.
against, when 5395
When liable for, in supreme
court 5513
481
INDEX.
Co
CIVIL LAW.
Costs — Continued.
Certiorari cases 4655
Change of county lines, applicant
to pay 385
County courts, costs in 4217
Damages, costs not to exceed,
when 5390
Default opened, costs must be
paid on 5070, 5072, 5654
Deposit in county court by non-
resident plaintiff 6233 (b)
In justice's court by nonresident
plaintiff 6234
Divorce cases, deposit required.. 5398
Equitable proceedings . . . . 4850
Execution paid by attorney for
plaintiff in error, transfer of.. 6207
Executor's appeal without paying 4464
Judgments for costs against. . . . 5344
Forfeiture for excessive charges 5410
Garnishment, relief from cost of
answer 4728
Homestead application 2845
Indorsed on execution 5394
Items of, to be distinctly stated. 5394
Liable for costs, who are 5385
Liens for, confirmed 2788
Mode of taxation 5394
Nonresident plaintiff must deposit 5399
Nulla bona issued, plaintiff to pay 5395
Ordinary's, ft. fas. for 4250 (4)
Paid by party discontinuing 5385
Payable in advance, when
, . 5389, 5398-5400
Payable only after judgment. . 5393
Payment not required until after
conviction 5707
Perpetuation of testimony 3962
Personal actions, costs in 5391
Costs not to exceed damages,
when 5390
Plaintiff in justices' court, when
liable 4161
Plaintiff generally, when liable
for 5395
Recovery less than fifty dollars.. 5388
State not chargeable with, when. . 5408
Statement of, to be given, when. . 5409
Supreme court 6278, 6280
Amount of 5881
Attorneys liable for 5613
Funds, how applied 5511
How taxed 5592 5613-5615
Who liable for '5591, 5613
Plaintiff in error, pays, when. . 5615
Sheriff's cost to be paid into
treasury 5525
Table of fees to be kept in office. . 5411
Taxed and collected, how 5394
Tender, effect of, to relieve 3801
In actions of trover 3897
Treble costs, payable, when ...... 5412
31— Ga. Code
Witnesses of adverse party 5392
None to witness, after continu-
ance 5141
Co-tenants (see Tenants in Common).
Accounting between 3#47
Priority of liens 3147
Cotton, Corn and Rice (see Corn
and Cornmeal; Sales).
City cannot tax until three months 1608
Salesman shall not charge tax
on 1609
Deduction for turn of scales not
allowed 1606
Oath of weigher, record of 1603
Punishment for weighing with-
out 1603
Ownership changed only, when. . 3546
Salesmen shall not charge tax on 1609
Salesmen, weighers and others to
be sworn 1601
Deduction for wet, etc 1602
Tare on rice 1604
Tare on other articles 1605
Tax, cities and towns cannot. . . . 1608
Tax on, salesmen shall not charge 1609
Title to, not pass until paid for. . 3546
Toll cotton not subject to levy and
sale, when 5354
Turn of scales, no deduction for. . 1606
Penalties for making 1606
Weigher, oath of 1601, 1602
Punishment for weighing with-
out 1603
Where recorded 1603
Weighing, city regulation of 1607
Cottonseed Meal.
Inspection and sale of 1551-1554
Counterfeiting (see Constitution of
the United States; and see
Penal Code).
Counter Showing.
Continuance, counter showing on
motion for 5130
Counties and County Matters (see
Ordinary).
Acts of General Assembly fur-
nished to 167
Acts of Congress, how distributed 171
Administrator, appointment and
duties 3376-3390
Annual reports of county officers,
364, 366
Apportionment of representatives,
5747, 5748
Auditing of claims against
361, 4238 (6)
Bond, election, how held 378
Notice of election 377
Number of votes, how ascer-
tained 380
Co
INDEX.
482
CIVIL LAW.
Counties and County Matters — Cont'd.
Bonds, county and city 377-381
Collection of 381
How issued and collected... 377-382
How paid 5894
May be issued, when 377-381
Bonds of officers, time for filing. 6071
Borrowers of county funds, ft. fa.
against 416
Boundary lines, survey final as to 387
Bridges and ferries, tax to build
or repair 404 (2)
Bridges between counties
367-371, 610-612
Connecting border counties with
adjacent States 372
Contract to build or repair .... 344
Buildings, care and inspection of.
351-360
Contracts to erect or repair, how
made 346
Erection and repair of 351
Contracts, how made 346
Exemption from taxation 762
Inspection by grand jury 359
Preservation and control of . . . .
351, 355
Business of county, county judge
may transact 4176
Jurisdiction of ordinary over. . 4238
Change of county lines 382-385, 5926
Change, how * and when ef-
ected 383, 384
Costs to be paid by applicant.. 385
Disputed, how settled 386-390
Change of county sites 391-394
Citizens of other counties ineligi-
ble to office 223 (7)
Claims against counties 4238 (6)
Claims against audited in what
manner 4238 (6)
Barred when 362
Paid when 361, 363
Sued in what manner 341, 342
Common schools 1399-1401
Commissioners for, how created,
5853, 5879, 5930
Contract by, for public work... 344
Service on, where county sued,
341, 342
Condemnation for drainage pur-
poses 376
Confederate soldiers, relief of, 432-434
Contested elections (see Contested
Elections under Elections) . .
6060-6069
Contractor's bonds 346
Contracts for public buildings,
notice 345
Contracts of counties 343-346
Must be in writing 343
Conveyances for, confirmed 347
Corporate bodies, counties are. .
340, 5924
Corporate power of 340
Creditors' right to compel tax levy,
396, 403
County academies; trustees, ap-
pointment of 1334-1337
County business, county judge
may transact, when 4176
Jurisdiction of ordinary as to . . 4238
County commissioners, power to
create (see County Commis-
sioners) 5879
County officers, eligibility to office 5929
Removal for malpractice 5929
Uniformity in 5930
County sites, application for
change 391, 5927
Election, how conducted.392, 606-6069
Evidence of election 394
Indorsement on ballots 393
Sites, how changed or removed, 5927
County sites, removal of 6061
Code sec. 108 applies to 6070
Cross grounds of exceptions,
notice, etc 6067
Exceptions, right of party to
file 6066
Fees of officers presiding 6065
Notice of contest to Secretary
of State 6062
Notice posted at courthouse. . 6063
Papers and proceedings, trans-
mission of 6069
Proceedings in case of contest 6061
Number of freeholders 3061
Rebuttal evidence 6068
Testimony, taking of 6063
Courthouse, mode of contracting
for 344
Tax to build or repair 404 (2)
Debts of, restrictions on 5893, 5894
Tax insufficient to meet 398
Tax levy to meet 404 (1) (9)
Deed for benefit of county . . 347a
Dissolution of counties 5928
Disputed county lines, settling
of 386-390
Distribution of laws and journals
to 154, 165, 169
Acts of Congress, how dis-
tributed 171
Georgia reports, how supplied
with 173, 175
Divided into militia districts 330
Drainage, system of, may be estab-
lished 375
Condemnation for drainage pur-
poses by coast counties 376
Election in, protected against
liquor , 5742
483
INDEX.
Co
CIVIL LAW.
Counties and County Matters — Cont'd.
Estoppel by illegal acts of officers,
none results 268
Exhibitions without license, penal-
ty 424
Fireproof safe, duty to provide, . 352
Fund drawn on, ordinary must
specify 361
Funds of county, how expended. 6072
Penalty for violation 6073
Georgia reports, how supplied
with 173, 175
Holders of county money, when
proceeded against 413-418
Homestead in different counties. 2829
Illegal acts of officers, not estopped
by 268
Injuries to public buildings 358
Inspection of public buildings and
records 359
Insurance of public laws and su-
preme court reports 349
Policies in name of county 350
Jail, mode of contracting for .... 344
How constructed 355
Grand jury inspects jails 356
Special charge, court to give. . 357
Tax to build or repair ..... .404 (2)
Jailers, tax levy to pay 404 (3)
Judgments against county, lien of 363
How paid 363
Jurisdiction, water dividing: 30
Over county matters 5853
Juror, county inhabitant com-
petent 340
Liability to suit 341
How brought and served 342
Licenses 420, 425
Term of 422
Limitation of actions against. . . . 362
Lines (see County Lines).
Change of 382-385, 5926
Disputed, how surveyed, 386-390, 6128
Copy of survey and plat, fur-
nished to whom 6128
Contents, how determined. .3, 6128
Decision, where recorded.... 6128
Return of survey and plat,
protest 2, 6128
Mine or plantation, taxation
of '.. 817
Liquors, license for sale of 421
Election on 5742
Loan of credit forbidden 5891
Metes and bounds 5924
Militia districts (see Militia Dis-
tricts) 330-336
Mode of contracting in certain
cases 344
Money of county,' proceedings
against holders of 413-418
Names and number of 29
New counties not to be created . . 5925
Offices, only one to be held 224
Officers' annual returns 364
Election and term of office .... 5929
Terms of county officers 98, 6117
Order in which debts are paid .... 463
Ordinary's jurisdiction over, 4238, 4239
Audits claims against 361
Fund on which drawn, ordinary
must specify 361
Organization of counties 330, 682
Paupers, laws regulating 438-447
Poor laws (see County Poor) . .
426-447, 4238
Peddlers, license 421
Peddling without license 425
Poor (see County Poor).. 426 447, 4238
Poorhouse and pauper farm, regu-
lation of 430
Proceedings to settle dispute as to
county lines 386
Property of counties (see County
Property) 348, 352, 4238
Safety of, how secured 352
Public buildings and records .... 352
Public work for (see title Public
Works) 6104-6108
Purchase by officers interested,
forbidden 6072
Penalty for violation 6073
Records of counties (see County
Records) 352, 359
Removal from, vacates seat in
legislature 5755
Representatives., apportionment
of 5747, 5748
Restriction on debts of counties. 5893
On loan of credit by 5891
On taxing power 5892
Returns, officers failing to make. . 366
Rooms in courthouse, how as-
signed 353
Senatorial districts 5745
Sheriffs, tax levy to pay 404 (3)
Sites, change of 391-394
How changed or removed (see
County Sites, above) 5927
Sources of county revenue 420
Special bailiffs, appointment and
duties 4189
Stockholder, county not to be-
come 5891
Suits against, how brought and
served 341, 342
May sue and be sued 340
Suits by or against counties. .340, 5924
Surveyor (see County Surveyor).
Taxation (see County Tax)
399-404, 5892
Bonds, taxation to pay 5894
City laws as to tax sales not
apply to 737
Co
INDEX.
484
CIVIL LAW.
Counties and County Matters — Cont'd.
For common schools 1399-1401
For school purposes 5909
Restrictions on power. .. .5891, 5892
Tax exemptions by counties .... 765
Tax sales, purchase by counties,
915-917
Tax sales of cities, law as to not
apply to 737
Transfer of part of, voters 34
Validation of bonds (see that
title) : 6074-6081
Venue in cases between counties 6082
Water dividing, jurisdiction .... 30
County Academies,
Funds of academy, liability of
holders of . 1337
Holders of academy funds, lia-
bility of 1337
Trustees, appointment of 1334
Authority of trustees 1336
County Administrators (see Ad-
ministrators, County).
Appointment and duty 3376-3390
County Board of Education 1353-1365
Certificate or diploma, not entitle
to teach 6325
Cities and towns may exercise
same powers 6323
Contracts for supplies of books . . 6321
Change of bocks, notice to be
given ! 6321
Term of contracts for book
supply 6321
To be filed with State School
Commissioner 6320
Examination of teachers 6324
Membership in 1354, 6145
Powers of 6323
Cities and towns may exercise
same powers 6323
Reports of 6322
School books, board may purchase 6317
Renting books to pupils 6319
Repurchase by board 6318
Teachers, how paid 6327, 6329
Terms of schools, how fixed 6328
County Bonds.
Issued and collected, how 377-381
County Commissioners.
Ad valorem tax, how paid 6093
Authority to condemn land for
roads 6083
Procedure, notice to owner; ex-
penses, county to bear 6084
Bids for public work, not pre-
vented or withdrawn 6105
Bonds of overseers and commis-
sioners 6094
Chief inspector, how designated. . 6100
Contractors, oath of 6106
Penalty for false swearing 6108
Contracts for public works by... 344
Costs where county refuses to
buy under award made 6085
Creation of, law providing for. . . .
5879, 5930
Created by General Assembly.. 5879
Counties to which §§ 6088-6095
apply 6096
Dockets and indexes for justices
of the peace 6236
Dockets furnished by ordinaries 4080
Inspection of roads and bridges;
appointment of inspectors... 6097
Deputy sheriff may be inspector 6099
Duties of inspectors 6098
Inspectors, control of 6103
Penalty for violating law .... 6107
Salary of 6101
Tenure of office 6102
Jury commissioners, county com-
missioners, ineligible as 6215
Notice of proceedings to condemn
land 6083, 6086
Oath of contractor 6106
Penalties against overseers and
commissioners 6095
Power of legislature to create,
5879, 5930
Public roads, how worked; elec-
tion, petition for 6087
Public work, competition for 6104
Bids for, not prevented or with-
drawn 6105
Road hands, commutation tax. . . . 6088
Road money, how expended .... 6092
Road officers, compensation of. . 6089
Rooms for justice's court pro-
vided 6235
Salary of inspectors 6101
Service on, in suits against county 342
Tax sale, may buy at, for county 915
Tax for roads prorated between
districts 6091
Time required of each hand; road
tax 6090
Vacancies, how filled 6082a
County Courts 4170-4217
Abolished, records, where de-
posited 4184
Appeals from 4214, 4453
Transmission of papers 4214
Appeal and certiorari, right of . . .
4208, 4209
Attachment and garnishment.... 4208
Attestation of deeds, etc 4208
Bailiffs appointment and bond.. 4190
Pay of 4191
Special bailiffs, judge may ap-
point 4189
Authority of such- bailiffs ... 4189
Certiorari from 4637
485
INDEX.
Co
CIVIL LAW.
County Courts — Continued.
Certiorari, in civil cases ....... 4215
Rules for justices' courts apply 4215
Certiorari and appeal, right of...
4208, 4209
Claims and illegalities, how tried 4206
Appeal and certiorari, right of 4206
When tried 4201
Notice to adversary and con-
tents thereof 4201
Clerk, judge is, but may appoint
deputy 4186
Deputy clerks and their powers 4187
Code does not establish or dis-
establish 4212
Code sections applicable to 4210
Contempts, power of judges 4207
Continuances and judgments .... 4211
Costs, deposit by nonresident
plaintiff 6233b
County solicitors, how appointed 4188
Fees of solicitor 4188
Defenses, must be filed in writing,
under oath 4208
Distress warrants 4208
Dockets, minutes, office papers,
etc 4181, 4185
Established, how 4170
Executions, when and how issued 4205
Form and direction 6190
Extent of act of 1878-9 . . 4212
Fees and costs in civil cases 4217
Foreclosure of mortgages on per-
sonal property 4208
Garnishment, garnishee residing
in different county 4197
Summons, where returnable. . . 4197
Habeas corpus, power to determine 4208
Hearing, continuance, amend-
ments, etc 4203
Illegalities and claims, how tried 4206
Appeal and certiorari, right of 4206
When tried 4201
Notice to adversary and con-
tents thereof 4201
Indorsers, purisdiction as to 4208
Judge (see County Judge), ap-
pointment by Governor 4170
Inferior court powers, how ex-
ercised 4176
Hold court outside of counties,
judges may 41 77
Power as to witnesses, papers
and contempt 4207
Practice law, judges may 4175
Preside for each other, judges
may 4180
Pro hac vice 4178
Clerk to select, when 4179
Qualifications of 4171
Salary of, and how paid 4172
Term of office 4172
Vacancies, how filled 4174
Judgments and continuances .... 4211
Jurisdiction of 4193, 4195
As to personalty 6189
Bringing claims within jursdic-
tion 4195
Extends to what 4193
Garnishment and other cases ex-
tended 4196
At different sessions 4194
Personalty, jurisdiction as to. . . 6189
Tenants, intruders, etc 4208
Laws repealed by act of 1878-9 . . 4213
Liens, forclosure of 4208
Minutes, dockets, etc 4185
Mode of trial 4200
Oaths, power to administer 4208
Office to be kept open daily 4182
When kept 4211, 4181
Partition of personal property . . 4208
Place of holding court 4211, 4181
Possessory warrants 4208
Practice and procedure by. . 4198, 4204
Same as in Superior Court .... 4204
Records of abolished county
courts 4184, 4309
Sales under county court process. 4216
Service of process in different
counties 4202
Sheriffs and deputies, ex officio
such in county courts ...... 4192
Solicitors, how appointed 4188
Office of solicitor 4188
Suits, how commenced 4199
Tenants holding over, jurisdiction
as to : 4208
Terms of county court 4183
Time and place of holding. . . 4181-4185
Transfer of cases to city courts. .
4308, 4309
Trial, mode of 4200
Witnesses, papers, etc., power of
judge as to 4207
County Guardians.
Appointment of 2521
Bond of guardian 2522
Letters in such cases 2523
Law of county administrator ap-
plicable to 2525
County Institutes 1349
County Judge (see County Courts).
Presiding out of county 4177
Qualifications of judge. .4171, 4172, 4180
Salary of 4173
Term of office 4171, 4172, 4180
County Lines.
Changed in what manner 382
Disputes as to, how settled . . . .386-394
County Officers.
Bonds, approval and record of. ... . 257
Authority of ordinary 4238
Co
INDEX.
486
CIVIL LAW.
County Officers — Continued.
List of property, duty to pre-
pare 275, 280
Ordinary's certificate to gov-
ernor 258
Election and removal
80, 96, 99, 100, 5929
Notice, by whom given 100
Reports of, to grand jury 364, _366
Grand jury's duty 365, 366
Term of office 98
Uniformity as to 5930
County Orders 463-468
Failure to present 465
Form and issuance of 361
Liability of indorser on 467
Negotiable, county orders are 467
Order of payment 463
Payment only after five days 464
Payment after registration. 464
"Presented" to be marked there-
on 466
Registration and payment 464
Set off by county against trans-
ferred orders 467
Specify fund on which drawn,
orders shall 361
Statement of, to be given treas-
urer 464
Treasurer buying at a discount
forbidden 468
Want of funds, failure to pay be-
cause of 466
County Police (see Police).
Rules and regulations for 4238 (8)
County Poor.
Jurisdiction of ordinary 426, 4238
Support of, law regulating 426-447
County Property 347-350
Controlled by whom 348, 4238
Disposed of, how 348
Safety of, how secured 352
County Records.
Inspection of, by grand jury 259
Safes to be provided for 352
County Revenue.
Sources of, from taxation 399-419
From other sources 420
County Schools (see Schools,
County) 1353-1365
County School Commissioner (see
School Commissioner, County).
County School Districts.
Each county makes one 1353
Sub-districts 1359-1362
County Sites (see Counties and
County Matters).
Change of, law regulating 391,-394
County Surveyor.
Appointed by court, when 475
Appointed by ordinary, when 474
Assistant or deputy, appointment
of 478
Oath of assistant 479
Bond and oath of 476
Approval and record 257-476
Commission of appointees 475
Compensation of 388
Copies of surveys to be delivered
to the parties . ., 5686
Contents of plats 5689
Objections to survey 5690
Scale of plats 5687
Ten days' notice 5688
Disqualification of, appointment of
another 487
Rights of such surveyor 488
Duties of ... 480-490
Head rights, duty in cases of. . 3231
Procession, duty in , 3245
Election of, general provisions . .
80, 96, 97, 100, 473
Failure to elect 474
Evidence, surveys are, when 484
False survey, guilty of misde-
demeanor 489
Fees of 482
Divided between counties 389
Fi. fa. issues for, when 483
Payment of fees . ... 483, 490
Militia districts, laying out, pay of
surveyor 334
Mine or plantation on county line
taxation 817
No surveyor, duties performed by
citizen 485
Persons acting, appointed on
same footing 486
Notice of election of 100
Notice of survey • . • • 390
Oath and bond of 476
Office, where kept 480
One for each county 478
Removal of 477
Survey, notice of , 390
Surveys, provisions as to. . . . 5686-5690
When evidence 484
Term of office 98, 473, 6117
County Tax (see Tax and Taxation).
Applied in what manner 407-409
Assessed for what purpose 404
Errors in assessing, correction
of 417
Form of assessing 405
Assessment and collection of taxes
405, 417
On what property assessed 405
City laws, not apply to 737
Collected and paid out, how.. 408, 409
Commissions of collector 410
How assessed 411
Common schools 1399, 1401
487
INDEX.
Co
CIVIL LAW.
County Tax — Continued.
Coroners, levy to pay fees of . . . .404 (4)
Creditors' right to compel tax
levy ■ 396, 403
Estimates for, to grand jury 400
Extra tax, how levied...., 395
Failure to levy, procedure .... 396
When levied 399
Grand jury's rcommendation 399
Failure of grand jury to recom-
mend 399
Several grand juries during
term 402
Grand jury recommendation, levy
without 401
Holder of county money, ft. fa..
against 413-418
Execution issued against 414
Horse shows, license 421
Illegality against 415
Insufficient, exigencies how met.. 398
Jury certificate received for 409
Levied by ordinary 4238
How levied 399
Levy without grand jury recom!-
mendation 401
Lien of, fixed by law 2787
Malpractice in failing to account. 419
Musical entertainments, license
for 421
Non-residents, lands crossing
county lines 819
Objections to county tax 404
Order of ordinaries much specify
what 405
Order to be advertised 406
Ordinary's duty 400
Paupers, tax for support of 397
Payment, how enforced 412
Pictures or figures, license to ex-
hibit 421
Poorhouse and pauper farm 429
Public road fund 575
Purposes for which levied
404, 5892, 5894
Railroads 784-789
Redemption of property, sold for.
916, 917
Remedies for enforcement of .... 412
Remission of 417
Revenue, sources of, other than
taxes 420
From taxation 399-419
Roads, county tax for 575
Specified purposes, taxes for .... 407
Theatrical exhibitions 421
County Tax Collector (see Tax Col-
lector) .
County Treasurer.
Bond of, and its lien 449, 455-457
Approval and record 257, 974
Filed when 453
Books furnished at county ex-
pense 461
When full, where deposited .... 462
Books must be turned over to suc-
cessor 470
Claims against, barred, when.... 362
County funds, duty as to 458
County orders, duty as to 463-468
County tax to be paid in to . .408, 409
Defaulting, proceedings against. .
418, 419
Failing to pay orders, fi. fa.
against 469
Discount orders, treasurer shall
not 468
Duties of, defined 458, 460, 462
Election and oath of 448-454
General provisions. . . 80, 96, 100, 448
Failing to pay over money, pro-
ceedings against 469
Failure to account, malpractice. . 419
Fees of , 472
Final settlement with 470
How made 470
Financial report of to grand jury. 364
Funds, duty to receive and pay
out 458
Law regulating 448-472
Oath and bond of 449-454
Where filed 453
Oath of 449
Form of oath 454
Office, where, kept 459
Order in which debts are paid. . . . 463
Orders, negotiable, how 467
Postponed, when , 465
To be marked "Presented" 466
Treasurer cannot purchase 468
Orders on must specify fund
drawn on 361
Paid only after five days 464
Orders, payment of 463-464
Failure to present, effect of . . . . 465
Want of funds 466
Orders, statement of, to be fur-
nished treasurer 464
Other officers cannot be treasurer. 452
Qualifications of ,. . 452
Receive and pay out funds, duty
to 458
Record and lien of bond 974-978
Cost of record 978
Direction by Governor 978
Forwarding bond for record .... 975
Lien from date 456
Lien between parties unaffected. 977
Third parties not affected, when. 976
Removal of 450
Report of, to grand jury 364
Terms of office 98, 448, 6117
Co-Cr
INDEX.
488
CIVIL LAW.
County Treasurei — Continued.
Vacancy, appointee must give
bond 457
How filled 451
Want of funds, orders how dealt
with 466
Courthouses.
Court shall be held in. .4181, 4315, 4360
Injury of, penalty for 358
Kept and furnished in what man-
ner 352
Militia district, courthouse for. . 4109
Rooms in, how assigned to officers. 353
Sheriffs to have charge of 354
Court of Ordinary (see Ordinary,
Courts of) 4218-4269
Courtesy.
Tenancy by, not exist in this State 3094
Courts.
Abolished, when courts may be.. 5880
Adjournment, time of 4346
Affidavits out of State, how at-
tested §213
Bridges and ferries, powers grant-
ed to , 5780
Charters, grant of, by Superior
Court 5780
City court (see that title) 4270, 4309
Clerk, want of, not invalidate acts. 4050
Contempt, power to punish for..
4046, 5717
Corporate courts (see Police
Courts) 711
County courts (see that title) ....
4170-4217
Election precincts, power of court
to change 5780
Equity, courts of, always open. . . . 4864
Faith and credit to be given to
records and proceedings of. . 6002
Judgment by, without a jury. 5669, 5848
Form of such judgment 5670
Judicial powers vested in what
courts 4043, 5831
Justices' courts (see that title) . .
4101-4169
Law and equity merge 5843
Minutes must be read and signed. 4049
Valid, though unsigned 4049
Municipal courts (see Police
Courts) 711
Officers making sales, powers
over 5427
Ordinary, courts of (see that title)
4218-4269
Powers of courts enumerated. 4047, 5427
Compel obedience to judgments,
etc 4047
Control of conduct of its officers
4047 (4)
Enforce order before persons sit-
ting under its authority. . 4047 (2)
Oaths, administration of . . . 4047 (5)
Preserve and enforce order. 4047 (1)
Powers, legislative, judicial and
executive, kept separate .... 5720
Public excluded, when 5296
Records and papers, not to be re-
moved out of county 4048
Sales, power to set aside 5427
Special terms 4345
Superior courts (see that title) . .
4310, 4452
Supreme court (see that title) . . .
5493-5499
Tax for expenses of 5892
Unconstitutional laws, duty to de-
clare void 5433, 5733
Uniformity of 5859
Courts Martial (see Military Forces)
1195-1199
Contempts, power to punish for.. . 1199
Extent of punishment by 1197
General court martial, how con-
vened 1185
Held at what place 1196
Officers, trial of, how ordered 1195
Pay of members of 1198
Rules and powers of 1183-1199
Cousins.
Relation to intestate, how ...... 3355
Covenants.
Covenant not to sue 3714
Dependent and independent cove-
nants 3140, 3709
Nonperformance of, as a defense. 3709
Purchaser at judicial sale, gets
what 5450
Running with land, pass to pur-
chaser 3069, 3612
Warranty, construction of 355S
Covenants of, bind officers, when 5449
Damages for breach of (see War-
ranty) 3804
Law as to 3612, 3616
Creditors (see Debtor and Creditor).
Creditors' Bill.
Allowed in equity, when. .. .4003, 4845
Distribution of funds 4845
Insolvent traders, creditors' bill
against (see Insolvent Trad-
ers) 2716-2722
Parties to 4845
Creditors' Liens.
By judgment, etc 2787 (2)
Crime (see Penal Code).
Change of venue 5875
Disfranchisement on account of.. 5738
Fast bills of exceptions 5540
Jury judges of the law and facts. 5723
489
INDEX.
Cr-Da
CIVIL LAW.
Crime — Continued.
Punishment under co-existing
laws 2
Venue of : , 5874
Criminal Laws.
Equity not interfere with admin-
istration of 4914
Criminal Conversation.
Husband's right of action in 3869
Marriage, how proved in cases of. 3869
Criminal Negligence (see Negligence).
Damages for 3829, 3866
Criminal Prosecution.
Settlement of, forbidden 3894
Criminating Oneself.
Privilege of party, where dicov-
ery sought 3947
Witness is not required to. . . .5703, 6018
Crops and Croppers.
Definition of cropper 3131
Delivered for rent, discharges all
liens 3127
Disposed of unlawfully, landlord
may recover 3130
Emblements, right of tenant to. .. 3092
Growing crops to be sold, how. . 5425
Mortgage on crops (see Mort-
gages) 6592-6594
Tax, exempt from, when 762, 1609
Title to crop in landlord 3129, 3131
Transferees of liens 2798
Crop Liens 2800
Arise when , 2800 (1)
Assignable, when 2800 (2)
Enforced, how . . 2816
Exist only as to crops of the year,
when 2800 (3)
False information as to, a crime.
2800 (5)
Landlord's lien on 2795
Rank and dignity of 2800 (6)
Second lien prohibited 2800 (4)
Cross Bills (see Equity; and see Bill
of Expenses under Supreme
Court).
Answer may be in the nature of. . 4969
Exceptions, cross bills of (see Su-
preme Court) 5535
Unnecessary 4969
Cross-examination of Witnesses
(see Witnesses).
Crossings (see Railroads) 508-682
Cruelty.
Divorce on ground of 2427
Guardian removed for cruelty to
orphan 2543
Parental right forfeited by. . 2502, 2504
Cumulative Evidence (see Evidence).
Definition of 5143
Currency.
Buyer gets title, when 3538
Curtesy.
Tenancy by the, not exist in this
State 3094
Custom and Usage (see Usage).
Binding, when 1
Carriers' custom 2278, 2279
Factor's liens, customs as to 2818
Merchants, customs of, recog-
nized 5148
Provable in what cases 5206
Trade, customs of, as to time when
money is due 3550
Cy Pres.
Doctrine of, in equity, as applied
to bequests 3338, 4007
Damages 3793-3806, 3905-3918
Advice of attorney no relief to cli-
ent 4420
Agency unreasonably revoked
3003 (1)
Agent's earnings in mitigation of
3017
Aggravated damages, in action of
tort 3906
Allowed as compensation . . 3794, 3905
Animals trespassing, treble dam-
ages 1766
Appeal, frivolous 4473
Bad faith and litigiousness as an
element 3796
Bond for title, breach of 3805
Claim, damages for delay by....
4623, 4626, 4627
Claim discontinued, damages on
4626, 4627
Damages, how assessed 4627
Classification and distinction. 3909-3911
Coast survey 26-28
Combines and trusts, action for
(see Combines and Trusts) . . 6471
Compensation is the measure,
generally 3905
Condemnation of private property
4676
Consequential and direct damages
3911
Consequential, when too remote
3912, 3913
Exception to rule 3914
Contemplated by the parties.... 3799
Continuing trespass „ . 3884
Contract, damages for breach of
3016, 3793, 3794, 3803, 3905
Convicts of city 715, 716
Costs not to exceed damages,
when 5390
Default, assessment of damages
in 5073
Definition of the several kinds
3909, 3911
Da
INDEX.
490
CIVIL LAW.
Damages — Continued.
Delay of freight by carrier 2319
Destroying property for public
good 3056
Damages, how paid 3056
Direct and consequential dam-
ages 3911
Discretion of jury as to 3803
Drainage 375, 376
Earnings in mitigation of 3017
Emloyee unreasonably dis-
charged 3016
Exception to rule, as to remote
damages 3914
Exemplary damages, not allowed,
when 3797
Allowed, when 3906
Expense of litigation not a part
of 3796
Exception as to bad faith and
litigiousness 3796
Expenses, when recoverable 3908
Foreign bills of exchange. . . 3689, 3690
Fraud and damage give action.. 3813
Frivolous appeals, damages for. . 4473
Frivolous certiorari 4654
General damages denned 3910
General rule 3905
"Homicide of husband or parent,"
definition of term 3829
Illegality interposed for delay. . . . 4739
Inadequacy of consideration as an
element 3659
Independent contractor, damages
against 3818, 3819
Insurance companies shall pay
damages when (Section un-
constitutional. Phenix Insur-
ance Co v. Hart. Decision
February, 26, 1901) 2140
Interest, when allowable as part
of 3800
Joint trespassers, damages
against 3915
Contribution among 3916
Verdict may specify damages
as to each 3915
Jury, discretion as to 3803, 3907
Kinds of damages 3909, 3911
Land taken for a bridge 636
Lessen damage, plaintiff bound to
3017, 3802
License law, violation of 1528
Liquidated damages 3794
Damages given as compensa-
tion 3794
Penalties in bonds not liqui-
dated damages 3795
Malicious prosecution, measure
of 3847
Measure of damages:
Bonds with penalties 3795
Breach of bonds for titles 3805
Breach of warranty 3804
Compensation, generally is.... 3905
Forthcoming bonds 5438
Malicious prosecution 3847
Measure of damages on con-
tracts 3793, 3803, 3905
Measure in torts 3805, 3916
Official bonds, measure in suits
Trover, measure in cases of . . . 3217
Mining damages, how assessed... 652
Mitigation of, in actions of tort. . 3892
Necessary expenses as a part of
3806, 3908
Nominal damages
3801, 3905, 5390, 5391
Tender as relieving costs 3801
Offer to rescind deed, effect of 3616
Officers of city, when personally
liable 752
Official bonds, damages for breach
of 261, 264
Oil sold under test 1588 (7)
Penalties in bonds, not liquidate
damages 3795
Personal injuries 3807
Personalty, actions to recover,
3917, 3919
Pilots, masters, etc., liability of
1670, 1671
Premises, owner's duty to keep
safe 3824
Private property taken or dam-
aged for public use
1456, 3055, 3056, 4657, 5729
Private ways, omission to assess, 677
How assessed 665
Applicant may decline to
open the way 666
Public roads, damages on account
of 557-568
Punitive damages 3779, 3906
Recoupment of damages (see Re-
coupment) 3756-3759
Remote damages 3798, 3799, 3912
Damages, when too remote. . . . 3913
Exception to rule 3913, 3914
Respondeat superior. 3818, 3819
Right of way, bridges, ferries, etc., 633
Roads, laying out and altering,
landowners, how redressed,
557-568
Rule to ascertain 3913
Set-off of claims of similar na-
ture 4944
Shell, plank, and turnpike roads, 2371
Special damages defined 3910
Necessary in what cases. . 3807, 3859
Specific performance impossible,
damages assessed 4042
Subpoena duces tecum, damages for
failure to abate 5256
Subsequent earnings in mitiga-
tion 3017
Supreme court, case taken up for
delay only 5594
491
INDEX.
Da-De
•IVIL LAW.
Damages — Continued.
Tender of, in cases of tort 3896
Tender to save costs 3801
Timber cut, measure of 3918
Torts, damages in case of . . . 3905-3920
Measure of damages 3803
Tram-roads 658-660
Trespass, continuing, damages
for 1884
Trover, death of property sued
for 3919
Highest amount proved 3917
Verdict for damages allowed in
3887, 5334
United States, damages to land-
owners, assessment of 26-28
Vicious animals, injuries by 3821
Vindictive damages, when al-
lowed 3907
Warranty to land, rule for ascer-
taining 3804
Valuable improvements made,
interest allowed 3804
Witnesses' liability for failing to
attend 6263
Failing to attend justice of the
peace's court, liability of 4164
Worldly circumstances, when con-
sidered 3907
Dams.
Landowner's right to construct. . 3062
Dates and Amounts.
All taken at same term, equal ... 5349
Bills of exception not dismissed
for want of date to signature, 5566
Figures, use of, in pleading 4942
Stafford's office calendar 6641
Stern's calendar 5169
Days.
Appeals, days for entering, 4455, 4456
Counted, how 4 (8)
Grace, days of, not allowed on
sight paper 3680
Liquor sale on election days pro-
hibited 5742
Dead Bodies (see Cemeteries).
Distribution of, to colleges, etc.
1511-18
Inquest of 497
Deaf and Dumb (see Academy for
Deaf and Dumb 1319-1333
Competency of as witnesses 5275
Guardians for 2570-2587
Proceedings in case of . . . . 2573-2575
Pass over W. & A. R. R. free,
when 1056
Trustees of, how appointed 135
Wills, authority to make 3270
Deaf and Dumb Asylum (see Acad-
emy for Deaf and Dumb).
Owned by State 1014
Death.
Abatement of suits on account
of 3825, 5035-5038
Animals sued for, death of 3919
Appeal when party dies before en-
try of 5023
Appeal revives the suit 5024
Judgment where no appeal is
entered 5023
Assignee for creditors, death of. . 3166
Common disaster, death in 3356
Competency of witness, effect of
death on 5269
Corporation, death of all members
of 1885
Death of opposite party 5269
Death of trustees of 3165
Defense, death how far a, where
property sued for 3919
Execution against deceased de-
fendants 5034
Garnishee dying, representative
made party 5025
Judge's death as affecting filing
of brief of testimony 5680
Death not affect validity of pro-
cess 4982
Waiver of 4983
Dying before signing bill of ex-
ceptions 5542-5543
Dying pending motion for new
trial 5486
Officer of corporation, death of,
as affecting competency 5269
Parties to action, new parties
made 5016, 5018
How made, when both die. . . . . 5031
Parties to loans, effect of death
of 2954
Partner's death, as affecting rela-
tionship 2631, 2633
Division in kind, when 2647
Party, death of before rendering
bill of exceptions 5544
Party in supreme court, death of, 5626
Party or agent, death of as affect-
ing competency 5269
Party to contract, death of, surviv-
or's right to testify 5269
Presumption from continued ab-
sence 5154
Principal or agent, death of. 3003, 3034
Proved in what manner 5177
Scire facias to make parties. . 5016-5040
Successor to executor, etc., may
be made party 5018
Suits for causing 3828, 3866
Tort, action of, not abate for.... 3825
Abate when 3827
Debate.
Privileges of members of the leg-
islature as to 5766
De
INDEX.
492
CIVIL LAW.
De Bene Esse.
Testimony taken and used
3963-3967, 4288
Debt.
Another's debt, promise to pay. . 2693
Barred, mortgage may still be
foreclosed 2735
Charged on land 3067
Cities, dcots of (see Municipal
Corporations) ...377-381, 710, 5893
Counties, debts of (see Counties
and County Matters) .377-381, 5893
Debts to 413-418
Restrictions on 5891, 5892
Decedent, debts of, when and how
paid (see Administration of
Estates) 3421-3425
Division of, to confer jurisdiction, 4069
Failure to pay over money 4046
Husband's debt, wife cannot pay, 2488
Imprisonment for, prohibited
4046, 5718
Municipalities, restrictions on
5891, 5893
Order of payment of debts of de-
cedent 3424
Payments, application of 3717-3722
Public debt, how contracted and
managed 996-1013
Set-off of (see Set-off) 3747-3755
State, debt of (see State) 996-1013
Restrictions on State as to.... 5888
Debtor and Creditor 2686-2722
Accounts, duty of creditor to
keep 3007
Acts void as against creditors ....
2695, 2696, 3529, 3569
Administrators*, collection of
debts by 3426
Accord and satisfaction between
3732-3726
Agency, revocation of, where
creditor advances on stock
3003 (2)
Appropriation of payments 3722
Assignment for benefit of credit-
ors (see that title) 2697-2715
Assignment by insolvent debtor,
reserving benefit 2695 (1)
Bona fide transactions 2695 (2)
Bond to indemnity debtor against
his own debt 3714
Assignee shall give bond, when, 3166
Composition by debtor void,
when 2692
Compulsory election 2691
Concealed property of debtor,
power to reach 5728
Conveyance or contract intended
to dnlsy creditors 2695 (2)
Creditors, rights of, favored 2687
Aided in reaching equitable as-
sets 2688, 4004
Confined to one lien, when. . . . 2691
Judgments may be attacked by
creditors 2689, 5371
Petition in equity 4003
Decedent, time of paying debts of. 3423
Debts against, paid in what or-
der 3424
Election, creditor compelled to,
when 2691
Equitable assets reached by cred-
itor 2688, 4004
Intervention of equity 2688
Equity not interfere with cred-
itor 3942
Estates, how bound for debts. . . . 3425
Exceptions under the statute of
frauds 2694
Exempt from levy, property of
debtor which is 2866
Exemption, obtained, how... 2867-2870
Favored, rights of creditors are. . 2687
Fraudulent debtors, attachments
against (see Attachments
against Fraudulent Debtors)
4543-4548
Garnishment, collaterals not sub-
ject to 4730
General principles 2686-2692
Heirs, liability of, for debts
3201, 3336, 3422
Heirs and creditors, collection of
debts by 3427
Homestead law (see Homestead)
2827-2865
Injunction at instance of creditor
without lien, not granted,
when 4918
Innocent purchaser from fraudu-
lent vendee, protected 2696
Insolvent traders (see that title)
Intermarriage, effect of 3716
2716-2722
Judgments, attack by creditors
2689, 5371
Land, debts charged on, follow
same 3067
Lien on two funds, election com-
pelled, when 2691
Mortgages, law governing. . . 2723-2742
Partnership assets, disposition of
among creditors 2660
Person and property not pursued
at same time 2.690
Preferences and assignments for
benefit of creditors (see Pref-
erences) 2697-2715
Proceedings against 3739, 4526
Pursuing two remedies 2690
Relation of. defined 2686
Release of debtor, chancellor's
recommendation 2722
493
INDEX.
De
CIVIL LAW.
Debtor and Creditor — Continued.
Rights of creditors' favored 2687
Secure debts, sales to, how made, 2771
Security .debts, lien against ven-
dee not attach 2775
Rights of vendee 5432
Settlement between. 3732-3736
Special partner, not claim as,
when 2684
Statute of frauds (see that title)
2693, 2694
Testator, payment of debts of . . . . 3336
Trace assets, right to, for... 3184, 3201
Two remedies, creditors, right to
pursue 2690
Unrepresented estates, bar of ac-
tions 3782
Vendee in sales to secure debts,
rights of 5432
Void acts as against creditors
2695, 2696
Giving better security . 2692
Wife, husband bound for debts of,
when 2473
Wife cannot pay husband's debt, 2488
Writing, obligations which must
be in 2693
Exceptions 2694
Deceit.
Concealment not enough to give
action 3814
Knowledge of falsehood essential, 3814
Letters to obtain credit 3815
Reckless representation equiva-
lent to knowledge 3814
Willful misrepresentation gives
action (see title Fraud) .... 3814
To induce credit, must be in
writing 3815
Declarations — Evidence (see Evi-
dence).
Admissible, when 5979, 5183
Agent, declarations of 3034
Declarations — Pleadings (see Peti-
tion; Pleading).
Amendment of 5097-5109
Law regulating 4960-4995
Trust estates, suits against 3203
Decrees.
Attachment, method of enforce-
ment by 3944, 4858, 4860, 4899
Bills of review limitation on ... .
3770, 4862
Binding effect of 3936
Chambers, rendition of decrees
at v 4855
Confirmation of sale under 4856
Contempt, attachments for 4858
Definition of a decree 4851
Divorce cases 2442
Dormant decrees, revival of 4861
Execution of money decrees.... 4857
Rights of plaintiff and defend-
ant 4857
Extraordinary remedies, enforced,
how 4860
Extraterritorial effect of 4854
Fraud, set aside in equity for. . . . 4032
Interlocutory decrees, how made.. 4847
Jury, when rendered without.... 4849
Directions to find special ver-
dict 4849
Lien of 4859
Lien of confirmed 2788
Lis pendens 3936
Mode of enforcing 4857, 4858
Money decrees, execution of 4857
Mould decrees, court's power to. . 4853
Otherwise decree, court's power
to 4853
Proceedings to set aside limita-
tion of 3764
Rights of plaintiff and defendant, 4857
Sale under, confirmation of 4856
Specific performance, decree for,
operates as deed 4852
Clerk to record same as such. . 4852
Transfer of lien 4859
Dedication (see Municipal Corpora-
tions) .
Use by public, makes ground ir-
revocable, when 3591
Dedimus Potestatem.
Bond, dedimus should accompany
121, 244
Deeds.
Administrator's deed, recitals in,
prima facie evidence 3454
Adverse possession not void: .... 3605
Ancient deeds 3610, 5244
Attestation by county judge 4208
How and by whom made, 3620-3622
Probated by third persons.... 3624
Probated by witnesses to 3623
Attestation out of this State, 3621, 6184
Beneficial interests, deeds to (see
Deeds to Beneficial Interests)
6360-6363
Churches, schools, societies, etc.,
conveyance to 2353, 2356
Commissioner of, appointment... 120
Conditions, grantee bound, when, 3600
Consideration may be inquired
into 3599
Copy, how established 3611
Counties, deeds for benefit of. . 347, 915
Covenants running with land, go
to purchaser 3612
Decree for specific performance,
operates as 4852
Delivery of deed 3599, 3603
Deposit of deed not a pledge 2956
Election under 4016
Error in form, equity intervention, 3970
De
INDEX.
494
CIVIL LAW.
Deeds — Continued.
Escrows 3603
Possession of deed presumes
delivery 3603
Estates created by 3081-3150
Estoppel, maker how far es-
topped 3609
Recital of receipt of purchase
money, not estop 3608, 5150
Evidence, recorded deeds are,
when 3628-3630
Record copy, evidence, when. . . .3630
Foreign deeds, how attested 2621
Forged deeds, how attacked 3628
Forgery, affidavits of, to he with-
drawn, when 2629
Form of deed 3602
Fraud annuls
2689, 2695, 3569, 4032, 5448
Attack by credior for
2689, 2695, 3529, 3569
Future interest may be conveyed, 3601
Gift, deeds of 3566, 3571
Judicial sale, deed under, original
title 5446
Inconsistent clauses in deed 3607
Infant, deeds of, voidable 3604
Land deed must be in writing 2693
Exceptions 2694, 4037
Laws declaring valid continued of
force 3627
Lost deeds, establishment of copy
3611, 5223, 5229
Copy from record, evidence. . . .
3619, 3630, 5219, 5223
Lunatic witness, probated how.. 3624
Marriage settlement by deed 2481
Married women, deeds, how at-
tested 3622
Mistake in, parol evidence admis-
sible to explain 3975
"More or less," covers what.... 3542
Mortgages, when shown to be. . . . 2725
Obscure terms in beauests or
deeds, extraneous evdence. . . 4011
Parol proof, as to estate conveyed, 3083
Personalty, deeds to 3606
Record of 3626
Record not notice 3626
Power of sale in 4023
Probate by witness 3623
Probate by other persons 3624
Recitals do not estop, 3454, 3608, 5150
Recitals in tax deed as evidence. . 738
Registration, attested for record,
how 3620
Attested out of this State 3621
Bills of sale to personalty 3626
Copy evidence, when 3630, 5219
Evidence, registered deed ad-
missible 3628
Execution, purchase under, rec-
ord of 3626
Laws continued of force 3627
Probate by witness 3623
Probate by persons other than
witness 3624
Recorded, when and how, 2778, 3618
Record of deed out of time, ef-
fect of . 2778, 3618
Second record, allowed, when.. 3619
Effect of 3619, 5229
Wife interested, deed how at-
tested 3622
Requisites of 3599
Re-recorded, when .... 3619, 5229
Sales to secure debts 2771, 2775
Sheriff's deed, ft. fa., may be re-
corded with 3625
Deed made by successor, when
4380, 5453
Societies, deeds to, confirmed
2353, 2356
State a purchaser, deed to 127
Tax deeds 912, 913
Recitals in 738
Sales, etc., made to avoid 885
Tax ft. fa., deed made under sale,
valid 913
Tax sales by cities 733-735
Trust deeds to secure debts (see
that title) 6353-6359
Trustees, etc., estopped to claim
title adverse 5153
Voluntary deeds, when void. ..... 3530
Warranty (see Warranty)
3612-3616, 5450
Will and deed distinguished 3255
Witnesses to deeds 3620-3624
Deeds to Beneficial Interests.
Certificates of interests by
trustees 6361
Interest deeded for improvement
or development 6360
Legal title, where vested 6360
Termination of trust estate 6363
Trustees, certificates of interest
by 3661
Duties and powers of trustees. . 6362
Deeds to Secure Debts (see Security
Deeds).
Trust deeds to secure debts. . 6353-6359
Deer.
Protection of (see Penal Code) . . . 6647
De Facto Officers.
Acts not valid, when 223, 5168
How proved 5168
Validity of acts of 223, 242, 5168
Defamation.
Libel and slander cases 3832-3842
Default (see Judgments ]jjy Default),
Another's default, promise to an-
swer for 2693
Damages on, assessment of 5073
Divorce cases, none in 2440, 5074
Interest only from date of, when. 2881
495
INDEX.
De
CIVIL LAW.
Def au 1 1 — Continued.
Judgments by 5071, 5077, 5078
Form of judgment 5670
Judgment without a jury
5071, 5076, 5669, 5848
Opening the default 5070, 5072
Defenses (see Answer; Plea and
Answer).
Administrators and executors, de-
fenses by 3506, 3507
Advantage of defects on motion. . 5016
Affidavit and action on contract. 5655
Agents and attorneys may swear
to 5059
Amended answer, verification re-
quired 5057
Amendments, effect of 5068
Answer, when to be filed. . . .5045, 5047
Attachment cases (see Attach-
ments) 4556-4500
Contradictory answer, right to file 5065
Contracts, defenses to 3701-3766
County court, defenses, how made
in 4208
Defects which may be taken ad-
vantage of in motion 5046
Demurrers to be filed, when 5047
Different claims may be joined. . 4944
Evasive answer 5054
Executors and administrators' an-
swers and pleas must be
sworn to
Filed, how and by whom
5045, 5047, 5060,
Filed at first term. . .5045, 5047,
General issue, not allowed
Issuable defense not filed, judg-
ment by the court
5070, 5076, 5077,
Justices' courts, defenses in. 4127,
Modes of defense 5047,
New matter not set up by defend-
ant after first term
Exceptions
Notice of filing of demurrer or
plea
Order of disposing of
Other defenses than those enu-
merated in §§ 5045-5048
Paragraphs of petition to be sep-
arately answered
Paragraphing, law as to. . .5051,
Partition cases
Pleas, demurrer to
Time of filing
Sheriff or other officer, defense by
Special pleas
Stricken out, no part to be. . .5052,
Sufficiency, determined at first
term 5045,
Swear to plea, agents and attor-
neys may
Usury plea must set forth, what. .
1660
5076
'5052
5053
5848
4128
5019
5097
5097
5064
5047
5049
5051
5052
4791
5050
5045
5096
5053
5065
5047
5059
5090
Verification of answer. 5056, 5059, 5060
Verification of amended answer
required 5057
Verification by nonresidents... 5062
Verified petition requires verified
plea 5055
Defense to Torts (see Torts. . .3891-3904
Definitions.
Certain words, definitions of 5
Delay (see Common Carriers; Rail-
roads).
Carrier, damage for delay by 2319
Informality, no delay for 4971
Delivery.
Actual or constructive
Carrier, delivery by (see Common
Carriers; Railroads) . . . .2279,
Cotton, title to, not pass by, when.
Deeds, delivery of (see Deeds) . . .
, 3499,
Demand for, must be reasonable.
Dispensed with, in what cases..
Gifts, delivery in cases of... 3566,
Goods being manufactured
Risk on seller until delivery made
Sale, delivery essential to
Statute of frauds as affecting. . . .
Demand.
Action brought without, when. . . .
County, no suit against, until de-
mand made 361,
Interest from date of demand,
when
Officers, demand on, for money
collected
Effect of such demand
Service of demand, how proved.
Paper payable on demand, when
due
Promise to deliver on demand
must be reasonable
Protest on 3688,
Western & Atlantic Railroad,
suits against
Demurrage (see Railroads).
Charges by railroads
Demurrer (see Pleading).
Amendment opens bill to
Definition of
Demurrer at law, when urged ....
Effect of sustaining upon the
merits . .
Filing, date of 5045, 5047,
Notice of filing
Grounds of
Hearing and decision at first term
Judgment on, conclusiveness of. .
Notice of filing of
Order in which disposed of
Pleas and answers, demurrer to. .
5045,
Vacation, hearing in
3545
2298
3546
3603
3730
3545
3567
3547
3545
3545
2693
4935
362
2881
4771
4771
4772
3700
3730
3693
1032
2206
5068
5048
5659
3744
5659
5064
5048
5045
3744
5064
5047
5050
4321
De
INDEX.
496
CIVIL LAW.
Denizens 223 (6)
Denomination (see Churches; Relig-
ious Sects).
{ Appropriations in aid of religious
denominations forbidden 5711
Dentists and Dentistry 6473-6486
Another's license, practicing
under 64S4
Board of dental examiners. . .1505, 6474
Appointment of board 647 i
Powers and duties of board. . . .
1506, 6474 (a)
Quorum 1507
Vacancies, how filled 6474
Books of board 1508, 6476
Examination of applicants 6477
Exempt from jury duty 6486
False statement to examining
board 6478
License fee 6480
License to practice 6472
Practicing without 6479
Registration of 6481
Misconduct of dentists 6478
Post office address of members of
board, to be filed '"475
Practice, who may 1504
Practicing dentistry, what is.... 6485
Practicing under another's license 6481
Practicing without license 6479
Quorum of board 1507, 6482
Registration of 1510
Not required to register 1481
Regulation of 1501-1510
Tax, professional, to be paid be-
fore practicing 6047
Penalty for failing to pay 6048
Payment prerequisite to practic-
ing 6049
Temporary license, who may issue
1509, 6483
Departments.
Government departments to be
kept separate 5720
Department of Agriculture (see
Commissioner of Agriculture)
1789-1801
Depositions (see Interrogatories and
Depositions).
Depositaries.
Liens of 2813, 2787 (11)
How lost 2813
Depositories (see State Deposito-
ries) 982-995, 6137
Deposits (see Banks and Banking;
Collateral Security; Pledges
and Pawns).
Animals, wild, deposits of, belong
to whom 3074
Baggage, innkeepers to give
checks for 29U
Bank deposits 2923
Bank failing, agent responsible,
when 3008
Carrying deposits 2924
Definition of 2921
Factor's lien 2929
Guest at inn or tavern defined
(see Inns and Innkeepers) . . . 2934
Hire, deocsits for 2921
Diligence of hirer 292S
Reimbursement of 2927
Inns and innkeepers (see that
title) 2932-2940
Insurance companies, deposits re-
quired of 5791-5794
Involuntary depositors 2922
Landlord, presumption against... 2938
Lien of depositories for hire 2928
Lien of factor 2929
Livery stable keeper, is depositary
for hire 2943
Money deposited by agent, prin-
cipal may follow 3005
Naked deposits defined 2921, 2923
Carrying deposits 2924
Diligence of 2922
Redelivery by naked depositary. 2925
Reimbursements, naked deposi-
tary entitled to 2927
Sealed packages, deposits of are
naked 2923
Terminated, how 2925
Using deposits 2926
Presumption against landlord . . . 2938
Redelivery by naked depositary.. 2925
Reimbursements of naked deposi-
tary 2927
Sealed packages are naked de-
posits 2923
Sealed packages, deposits of, are
naked 2923
Special deposit in bank 2923
Title-deeds, deposit of, how regu-
lated 2937
Using deposits, naked depositary's
rights 2926
Voluntory depositors 2922
Warehouseman, depositary for
hire, warehouseman is 2930
Wharfinger is depositary for hire. 2931
Deputies.
Bonds of , 259, 260
Clerks of superior court may ap-
point 4359
Clerk of supreme court may ap-
point 5509
Liability of deputies ..' . . 256, 260
Oaths of deputies 240
Principal liable for acts of 260
Sheriff, appointment of deputy by 4378
Bond, deputy must give 4378
Deputy cannot be constable. . . . 4091
Liability of 4769, 4780
4:97
INDEX.
De-Di
CIVIL LAW.
Deputies — Continued.
Return where process not ex-
ecuted 5683
Sureties of, when elected sheriffs. 4376
Deputy Sheriff (see Deputies).
Fees of 6230
Paid, how 6230
Descent.
Bastards, rules of descent
amongst 2510, 2511
Proved in what manner 5177
Realty, rules regulating descent
of 3081, *3053
Title by descent and administra-
tion (see Title by Descent) . . .
3353-3358
Description.
Levy, description in 5421
Mortgage, description in 2724
Words of description, what are.. 2998
Desertion.
Children, desertion of. .2502, 2505, 2372
Divorce en ground of desertion. 2426
De Son Tort (see Executors).
Executors in 3310, -3312
Destroying Property.
For public good 1456
Devastavit (see Administrators).
Administrator, devastavit by .... 3402
Administrators (see that title) . . . 3402
Devisavit Vel Non (see Executors).
Executor's admission admissible. 3296
Devises and Legacies (see Lega-
cies; Wills).
Abatement of legacies to meet
debts 3201, 3336, 3425
Ademption of legacy 3332
Adempted conveyance failing,
legacy still valid 3332
After-acquired property 3329
Ambiguities, parol evidence on. . .
3083, 3324, 3325, 5202
Approximation of testator effect-
uated by 3338, 4007
Assent of executor necessary to
pass title 3319
Effect of assent 3320
Compelled, when 3320
One executor assenting 3321
Presumed, when 3320
Change of devise from realty to
personalty, and vice versa... 3337
Charitable devises limited to one-
third of estate 3277
Cypres, doctrine as to 3338, 4007
Charity, bequests to 3338
Mode failing, chancery approxi-
mates 3338, 4007
Conditions in, when void 3138, 3335
Construction, intention diligently
sought 3324, 3083-3086
Rules of construction 3224
32— Ga. Code
Cypres, doctrine as to 3338, 4007
Debts of testator to be paid out of
residuum 3336
Legacies to abate pro rata, when 3336
Proceed against legatee, cred-
itor's right to 3336
Election, widow's election as to. .
3469, 4690
Election by legatee 3334, 4013, 4015
Adverse claim, legatee holding
must elect 3334
Legatee a creditor, not fail elec-
tion 3334
Executor, legacy to, as compensa-
tion 3314
Executory devises, definition of. . 3339
Garnishment of 4734
General and specific legacies.... 3326
Heirs or devisees incapable of
holding land, get proceeds... 3576
Income goes with corpus 3327
Goes to tenant for life, when.. 3091
Gifts of, construed to give the
property, when 3323
Intention of testator controls . . . 3324
Rules for construction 3324
Interest on legacies 3328
In terrorem void 3335
Impossible, illegal, etc., condi-
tions 3335
Lapsed legacies 3330
Property mentioned in, falls to
whom 3331
Real estate descends to heir,
when 3331
"Lend," construed to mean "give" 3322
Life-estate, effect of executor's as-
sent 3105
Meaning of words *. . . . 3322
Money, gift of, is a general legacy. 3326
Parol evidence on ambiguities... 3325
Payment of debts out of what
funds 3336
Legacies applied to, when 3336
Real and personal, interchange of
devises 3337
Remainders, created by, law regu-
lating (see Remainder of Es-
tates) 3098-3104
Scrivener of will, legacy to 3276
Specific and general legacies.... 3326
Income goes with specific 3327
Substitution by testator 3333
Void legacy, property mentioned
in, falls to whom 3331
Witness to will, legacy to 3275
Words, no particular form nec-
essary 3322
Digest (see Tax).
Examination by Comptroller-gen-
eral 206 (4)
Dilatory Pleas (see Defenses; Pleas
and Answers).
Di
INDEX.
498
CIVIL LAW.
Dilatory Pleas — Continued.
File at first term, duty to 5049, 5058
Justices' courts, dilatory pleas in. 4128
Sworn to, such pleas must be. . . . 5058
Diligence (see Consent; Master and
Servant; Negligence; Pre-
sumption; Railroads).
Administrators, diligence as to
debts' 3426
Affidavit as to, on motion for new
trial 5481
Agents, diligence of 3009
Assured under fire-policy, dili-
gence of 2996
Bailee, care and diligence of 2897
Extraordinary diligence 2899
Gross neglect defined 2900
Ordinary diligence 2898
Borrowers, diligence of 2947
Burden of proof 2896
Carriers of passengers (see Rail-
roads) 2226, 2297, 2320, 2321
Creditor, diligence of, as against
the principal 2972
Equity not interfere with the
diligent 3942
Depositaries for hire 2928
Equity favors the diligent 3939
Extraordinary care defined 2899
Factors, diligence of 2929
Favored in equity 3939
Gross negligence defined 2900
Injured party, diligence required
of 2322, 3830
Innkeepers 2935
Livery stable keepers 2943
Master's, as to co-employees and
machinery , 2611
Naked depositary 2922
Ordinary care defined 2898
Pawnee, diligence of 2963
Railroad employees to co-employ-
ees (see Railroads)
2297, 2323, 2610, 3030
Trustees, diligence of 3170
Warehousemen, dilgence of 2930
Wharfingers 2931
Diligent Creditor.
Equity not interfere with the dil-
igent 3942
Diminution of Record.
Additional record, how procured. 5536
Brief of evidence is a part of the
record 5537
Mandamus issues, when 5538
Diplomas.
Law schools
4406
Direct Evidence (see Evidence).
Definition of 5143
Direct Verdict (see Verdict).
Judge's authority to 5331
Direction.
Bill for 3999, 4000
Vacation, hearing in 4855
Directors (see Corporations).
Banks, directors of 1908
Borrowing money 1872
Contracts between corporations,
having officers in common... 1857
Discharged employees 1673
Prefer themselves, directors can-
not 1858
Disabilities.
Contracts, disabilities of parties to
(see Contracts) 3647-3655
Political disabilities in 14th
amendment 6032
Removal of 6032
Disbarment.
Attorney at law, disbarment of. . 4429
Discharge.
Accord and satisfaction 3732-3736
Administrators 3509
Employees 3016
Executors 3316
Incumbrances, discharge of equi-
table division of burden 3992
Indorsers 368S
Judgment by dismissal of levy on
personalty unexplained 5442
Merger 3106, 3107
Novation, discharge by 3641, 3715
Payment, discharge by 3717-3723
Performance, discharge by . . 3724-3727
Release, discharge by 2970, 3715
Rescission 3710
Sureties 2971, 2972
Tender 3708, 3728-3731
Disclaimer.
Discovery in equity, waiver of . . . . 3943
Ejectment by defendant in 5003
Trusteeship, disclaimer of 3190
Discontinuance.
Dismissal of suit 3786, 4970, 5043
Nonsuit 3786, 4995, 5043
Retraxit 5042
Discount.
Banks, discount by 1955, 1957
More than eight per cent, forbid-
den 2886
Discovery.
Answer, how far evidence . . 3950, 6186
Rebuttal of answer 3950
Attorney's advice, disclosure, not
compelled 3947
Bill for, when rejected 3959
Co-defendants, answer of, effect of 3952
Compelled in equitable proceed-
ings, when 3946
Corporations, discovery at law . . .
3954, 3956
499
INDEX.
Di
Discovery — Continued.
Criminating oneself; privilege of
party where discovery sought. 3947
Default in answering, effect of . . .' 3956
Defendant must answer, how.... 5061
Discovery at law 3353
Contempt, when parties subject
to attachment for 3956
Discovery from persons' and cor-
porations 3954
Interrogatories, who shall see to
execution and return of 3955
Documents, production compelled,
when 3948
Extent of discovery 3948
Full discovery required 3943
Interrogatories for, must he in full 3948
May be confined to interroga-
tories 3949
Oath, discovery must be under. . . 3949
Obtained ir what manner.. 3954, 3955
Officers not compelled to disclose
State matters, when 3947
Perpetuating testimony and dis-
covery 3959
Privilege of party 3947
Privileges of witnesses 3957
Responsive answer, what is 3951
Waiver of 3946, 4962
Answer need not be sworn to. . .
4965, 5056
Discrimination.
Freight, discrimination as to. 2278, 2307
Law to prevent 2185-2216
Persons of color 2268-2275
Railroads, discrimination by, for-
bidden 5797, 5801
Diseased Animals.
Dealt with in what manner 1755
Disfranchisement.
Conviction of felony, results in.. 5738
Disinterment of Dead Bodies.
Forbidden 1511-1518
Dismissal of Actions (see Actions).
Action may be dismissed at any
time 5044
Bill not to be dismissed, when. . . 4970
Divorce, dismissal of, when re-
fused 2434
Informality, no dismissal for .... 4971
Plaintiff, dismissal by 5043, 5044
Retraxit defined 5042
Differs from dismissal 5043
Recommencement after dismissal
3786, 3787
Set-off, effect of dismissal on 3754
Dismissal of Bill of Exceptions (see
Bill of Exceptions under Su-
preme Court).
Dismissory Letters (see Letters Dis-
missory).
CIVIL LAW.
Executor, dismissory letters to,
when granted 3509
Guardian, when letters of dismis-
sal- granted to 2567
Disorderly Conduct.
General Assembly, disorderly con-
duct in, how punished 5764
Dispossessory Warrants.
Special proceedings not affected
by Code 4972
Tenant holding over 4813-4817
Disputed Possession (see Posses-
sion).
Who to be deemed in possession, 3878
Disqualification (see Judge).
Judge pro hac vice 4327
Superior court judge disqualified,
General Assembly may pro-
vide 5850
Judge may provide another
judge 4326
Supreme court, judges disquali-
fied, governor's duty
5505, 5506, 5615 (a), 5833
Disregard of Contract.
Mutual temporary disregard 3642
Dissolution.
Corporations 1879, 1887
Partnerships (see Partnerships)
2632-2635
Distress Warrants.
Claims, how interposed and tried, 4820
County judge's jurisdiction 4208
Executed in what manner 4818
Issued and executed, how 4818
Landlord's1 right to distrain 3124
Landlord's special lien foreclosed
by 2797
Notice to tenant 4821
Rent, tenant failing to pay 3124
Replevy of property 4819
Special proceedings not affected
by Code 4972
Distribution of Estates (see Admin-
istration of Estates; Adminis-
trators; Estates).
Advancement, definition of 3474
Accounted for, by whom 3477
Estimated in what manner.... 3478
How proved 3475
Portions in trust are 3476
Appraisers' returns, objection as
to 3481
Appraisement and division 3480
Returns of appraisers, how
made 3481
Death in a common disaster.... 3356
Deceased partner's assets 2647
Debts, priority of 3424
Direction, petitions for 4000
Distributees, creditors' rights
against 3201, 3336, 3425
Di
INDEX.
500
CIVIL LAW.
Distribution of Estates — Continued.
Set-off by distributee 3752
Division of estates, creditors, di-
vision among 3423
Heirs, division between 3355
Kind, division at law as to, 3479-3483
Law governing division of es-
tates 3464-3483
New division, when ordered. . . . 3487
Division of lands in kind 3483
Fees and costs of appraisers and
ordinary 3471
Inheritance, rules of 3355
Kind, division in 3479
Managing the estate and paying
the debts 3421-3429
Partner deceased, assets of 2647
. Payment of debts of 3421-3429
Priority of debts 3424
Refunding bonds 3482
Return of appraisers, how made. . 3481
Rules governing 3464
Schedule of property set apart. . . 3467
Objections to 3467
Support, when continued 3466
Fixed by will 3469
Where two sets of children. . . . 3470
Title, vests, how 3468
Trust, portions in. are advance-
ments 3476
Year's support to family 3465
Widow may pay debts and take, 3473
Widow may elect, when 3469
Distribution of Laws and Journals
154, 165, 171
Acts of congress, how distributed, 171
Regulation of 165-171
Distribution of Money.
Administrators of estates 3424
Creditors.' bills 4845
Money rules, law governing, 4769-4781
Districts (see Militia Districts).
Congressional districts 31
Transfer of voters 34
Districts and Circuits (see Militia
Districts).
Senatorial district specified 5745
Supreme court, one district 5493
Twenty-third judicial circuit. . . . 4339
Ditches and Levees.
Landowner's right to dig 3062
Prescriptive right to easement. . 3590
Dividends.
Gifts of income 3323
Insurance companies 2023
Stock dividends in lieu of
money 2024
Specific legacies, income goes
with . 3327
Tenant for life, natural increase
belongs to 3091
Unearned dividends, bank shall
not declare 1968
Division of Estates (see Administra-
tion of Assets; Administra-
tors; Distribution of Estates;
Estates).
Divorce . 2425-2455
Adultery after marriage, ground
for 2426 (6)
Alimony (see title Alimony), 2456-2472
Children, alimony for on final
trial 2362
Support and custody of chil-
dren, pending suit 2461
Discretion of judge 2458
Jury may provide for 2435
Merits not in issue 2460
Permanent alimony, when
granted 2464
Jury rendering final verdict
fixes 2435
"Revision and enforcement of.. 2459
Temporary alimony in cases of
divorce 2457
Both parties guilty of same con-
duct, defeats right 2429
Children, custody of 2452
Cohabitation, legal, renewed,
when 2454
Subsequent to filing action de-
feats it 2429
Collusion, condonation, etc., de-
feats right 2429
Concurrent verdicts of two juries,
necessary 2425, 5867
Condonation, collusion, etc., de-
feats right 2429
Confessioas cautiously received.. 2430
Conscientious scruples of juror. . 2443
Continuance, rules for 2450
Conviction of felony, when ground
for 2426 (8)
Costs, deposit of, required 5398
Custody of children 2452
Default judgments not allowed
in divorce cases 5074
Verdict not granted by 2440
Defense against, who may make. . 2448
Desertion for three years, ground
for 2426 (7)
Disabilities, how determined, 2445-2450
Determined by last jury 5863
How relieved 2447
How resisted 2448
Rules for continuances 2449
Discretionary grounds for total
divorce 2427
Dismiss, libelant cannot, when, 2434
Effect of partial divorce 2451
Of total divorce 2444
Ex parte cases, duty of judge. . . . 2455
Form of verdict for total divorce, 2438
For partial divorce 2439
501
INDEX.
Di-Do
CIVIL LAW.
Divorce — Continued.
Fraud or duress, ground for. . 2426 (4)
Grounds for partial divorce 2428
Condonation, collusion, etc., de-
feats right 2429
Grounds for total divorce 2426
Discretionary grounds for 2427
Habeas corpus for wife or child. . . 2453
Impotency, ground for 2426 (3)
Judgment disposing of property. . 2442
Juror, conscientious scruples of. . 2443
Kind of, granted, to be specified. . 2437
Libelant cannot dismiss, when.. 2434
Mental incapacity, ground for, 2426 (2)
Name, wife's changed, when.... 2446
New trial may be granted 2441
Nonresident defendants, how
served 2432
Partial divorce annulled, how. . . . 2454
Effect of partial divorce 2451
Form of verdict 2439
Granted on one verdict 2425
Grounds for partial divorce. . . . 2428
Permanent alimony, jury may
provide (see Alimony, above), 2435
Petitioner must reside in this
State 2431
Pleading, general rules apply to. . 2432
Pregnancy unknown to husband,
ground for 2426 (5)
Divorce for, child illegitimate.. 2493
Proceedings in cases of 2431
Recriminate, respondent may. . . . 2433
Relationship within prohibited
degrees, ground for 2426 (1)
Renewed cohabitation 2454
Subsequent to filing action de-
feats it 2429
Permanent alimony, jury may pro-
vide 2435
Reside here twelve months, peti-
tioner must 2431
Resist application, who may 2448
Respondent may ask divorce,
when 2433
Schedule of property to be ren-
dered 2435
Suits, how brought and served. . 2432
Superior court, divorce granted
by 2425, 5842
Total and partial, how granted.. 2425
Total, effect of 2444
Grounds for 2426
Transfer of property pending suit, 2436
Trial of application for relief of
disabilities 2449
Venue of cases for 5869
Verdict, default, no verdict by..
2440, 5074
Disposition of property to be
specified 2437, 2442
Form for partial divorce 2439
Form for total divorce 2438
One verdict for divorce from
bed and board 2425
To specify kind of divorce
granted 2437
Two concurring, essential to
total divorce 2425, 5867
Dockets.
Administrators, returns kept Dy
ordinary 3420
Appearance docket, call of at first
term 5045
Attachment docket 4360 (10)
Attorney's entries on court docket,
authority to make 4417
Bar-docket 5617
County court clerk 4181, 4185
Court of ordinary 4259, 4260, 4264
Execution docket, entries on fl.
fa. recorded on 3761, 5356
Clerk's duty to keep 2779
Sheriff's duty to keep 4380
Executions against nonresidents
2783, 5356
Filed with clerk when filled up.. 4081
General execution docket 2779
Judge's docket not subject to in-
spection 5657
Justices of the peace 4082
Dockets furnished to 4080, 4081
Lis pendens, notice by 3936
Order of calling 5658
Ordinary must keep 4264
Docket of applications 4259
Docket of returns 4260
Payments on fi. fa. to be entered
on 5639
Superior court clerk, docket to be
kept by 4360 (6)
Supreme court, dockets of cases
5616, 6282
Warrant docket by sheriff 5685
Documentary Evidence (see Evi-
dence).
Dogs.
Owners liability for injuries by. . 3822
Tax, object of 5883, 5908
Tax on, repealed 6043
Taxation of, by villages 700
Domestic Relations 2410-2625
Domestic Wine.
Definition of 1523
Sale of 1521
Sale of, not prohibited 1549
Domicile Xsee Residence).
Bastard 1827
Change of 1829, 1830
Divorce, applicant must reside
here 2431
Educational and religious corpora-
tions 2364
Change of 2365
Election of 1824
Election of one of two places.. 1825
Do-Dr
INDEX.
502
CIVIL LAW.
Domicile — Continued.
Feme covert 1826
Lunatics 1828
Married woman 1826
Minor 1827
Nonresident, taxation of 769, 818
Taxation of bonds, notes, etc.. 776
Taxation of wild lands 821-825
Taxes, nonresident subject to. .
769, 818
Tax liability of agents 854
Wild land taxation 821-825
Place where located 1824
Sui juris, persons who are not. . . . 1830
Donatio Causa Mortis.
Essentials of 3574
Gift must be, how made 3574
Donations (see Gifts).
Advancement, donations by way
of 3474-3477
Devises and legacies, donations
by 3322, 3324
Gifts, law regulating 3564-3574
State forbidden to make 5711, 5903
Doorkeeper.
Senate and House doorkeepers,
how elected 296
Dormant Decrees (see Decrees).
Renewal of 4861
Dormant Judgments (see Judg-
ments) 3761-3763, 53/7-5384
Dormant Partners (see Partners
and Partnerships).
Definition of 2628
Double Tax (see Tax and Taxation).
Doubts.
Reasonable amount of mental con-
viction required 5144
Preponderance of evidence, ef-
fect on 5145
How determined 5146
Doves.
Protection of 6647
Dower.
Absolute estate in specified sum. . 4696
Application and notice in writing, 4699
Application for, when made. . . . 4698
Assigned in what manner. . 4697-4704
Barred, dower may be, how 4689
Commissioners, appointment of. . 4697
Duty of 4701
Number and how appointed. . . . 4697
Costs, entry of judgment for. . . . 4704
Definition of 4687
Dwelling house, widow entitled
to possession 4693
Election, dower in several tracts, 4692
Election in ignorance 4691
Election in cases of bequest in
lieu of dower 4690
Land partly paid for, land, how
assigned 4688
Lien created by husband not bar, 4694
Limitation on right to 4689
Money elected in lieu of dower.. 4696
Person interested may be heard, 4696
Notice of application, to be in
writing 4699
Oath of commissioners 4700
Objections to return of commis-
sioners 4701
Proceeds of sale, dower in 4695
Purchase money, dower inferior
to claim for 4688
Return of commissioners, binding
force of 4704
Return of proceedings 4701
Reversion, sale of 3513, 3514
Reversionary interest, not sold,
when 3514
Several tracts, election in case of, 4692
Surveyor, commissioners may em-
ploy 4701
Objections to return, how
made 4701
Traverse of return 4702
Finding and its effect 4703
Widow cannot be dispossessed,
when 5470
Drafts (see Bills of Exchange).
Acceptance of 3686
An assignment, when 3078
Effect of 3078
Must be in writing 2693
Assignment of funds 3078
Bill of lading attached 3554
Damages on foreign bills.. 3689, 3690
Defined 3676
Drawer of, venue of suit against. . 5873
Indorser, where sued 3691
Indorsement, notice and protest
after indorsement 3687-3693
Rights of holder 3694-3700
Transfer of 3683, 3685
Venue of suit against drawer. . . . 5873
Against indorser 3691
Drainage (see Counties and County
Matters ; Ditches ; Water-
courses).
Condemnation for drainage by
counties 4685
Damages for 375, 376
Right of way for, how acquired. .
346, 4685
System of county drainage. . . 375, 376
Driftwood.
Dealing in, how punished 1594
Druggists and Apothecaries (see
Drugs and Druggists; State
Board of Pharmacy) 1492, 1503
Drugs and Druggists.
Adulterated drugs, when a nui-
sance 3865
503
INDEX.
Dr-Ed
CIVIL LAW.
Drugs and Druggists — Continued.
Mistake of druggist 3866, 3828
Negligence of, gives action, 3828, 3866
Drugs and Medicine.
Adulteration of drugs and medi-
cines 1501, 1502
Drunkards.
Civil rights of 1812
Competency of as witnesses 5274
Contracts of, invalid 3647, 3654
Party causing, himself bound.. 3654
Guardians for 1812, 2570
Proceedings to appoint. . . . 2573-2575
Liquor, sale to drunkard forbid-
den 1539
Trust estate, creation of, for,. . . . 3149
Drunkenness.
Admissions obtained by 5194
Marriage contract, a fraud, when, 2414
Due Care (see Diligence; Negli-
gence).
Children, due care in cases of . . . . 2901
Due Process of Law.
Life, liberty, and property, not
taken without 5700, 6018, 6030
Dueling.
Ineligibility of persons connected
with 5741
Duress.
Admissions obtained by con-
straint 5194
Contracts void for 3670
Definition of 3536, 3723
Imprisonment, legal, not duress.. 3670
Marriage dissolved for 2426 (4)
Marriage under duress 2414
Payment under, not voluntary. . . . 3723
Wills, duress invalidates 3260
Dwelling.
Widow's right to mansion 4687
Earnest Money.
Payment of, to bind bargain. . 3693 (7)
Earnings.
Damages, earnings in mitigation
of 3017
Garnishment, when exempt from, 4732
Married women, earnings of, 2476, 5790
Easements.
Air and light 3046
Forfeiture or abandonment of 3068
Lateral support. 3047, 3048
Light and air 3046
Necessity ceasing, way ceases. . . . 3066
Parol license, not revocable,
when 3069
Prescriptive right to 3590
Running with the land 3069, 3612
Education (see County School Com-
missioner) 1271-1408
Academy for the Blind (see that
title) 1304-1318
Academy for the Deaf and Dumb
(see that title), law relating
to 1319-1333
Appeals to the State Board of,
when made and decided, 1342. 1364
Apportionment of school fund. . . .
1383, 1386, 1402, 1403
Appropriations for schools, put m
general bill 5772
Books, sectarian or sectional ex-
cluded 1365
City and county schools independ-
ent 1394, 1400
City school system unaffected. . . . 1394
Education.
Constitutional provisions.... 5906-5911
County academies (see County
Academies) 1334-1337
County commissioners, compensa-
tion of 1376
Duties specified 1374
Reports to grand jury 1388
County school commissioner (see
that title) 1366-1388
County school organization. . .1353-1365
Educational fund, paid out, how . . 1345
Enumeration of school children
1389-1391
County and city boards to
make 1389
How enumeration to be taken. . 1390
New enumeration 1391
Evening schools may be estab-
lished 1380
Finances of common schools. 1402-1408
Fund, educational fund (see Edu-
cational Fund)
141, 1345, 1384, 1402, 5908
Guardian's education of ward. . . . 2539
License to teachers 1370-1373
Local schools not affected 5910
Manual labor schools allowed,
' when 376, 1398
Parent's duty to provide for
child 2501
Property of Board of Education. . 1363
Property of schools 1363, 1381-1386
Public school system 1338-1408
School courts, power of county
boards as 1364
School fund, city and county enti-
tled to part of 1394, 1406
School fund, estimate of 1407
Basis as estimate of fund for
ensuing year 1408
School fund, what constitutes. . . . 1384
Made up in what manner
1384, 1402, 5908
Record book of 141 (6)
To be kept separate 1385
Schools, children, how admitted
to 1378
Ed-El
INDEX.
504
CIVIL LAW.
Education — Continued.
School year coincides with calen-
dar year 1405
Separation of colored and white
pupils 1378
Systematizing school finances. . . .
1402-1408
Taxation by counties for common
schools 1399-1401
Tax exemptions 762
Tax levy for 404 (8)
Teachers, examination and li-
cense 1370-1373
Teachers in county schools, how
graded 1370-1373
Private schools 1392, 1393
Reports of 1377
Revocation of license of 1373
Appeal in such cases 1373
Text books prescribed by county
boards 1365
University of Georgia (see that
title) 1271-1301
Vaccination of pupils of public
school 1397
Educational Fund.
Comptroller's annual report.. 209 (4)
Ejectment.
Abstract of title to be annexed..
4963, 5002
Admission of possession before
being admitted to pleading. . 5656
Co-defendants, who may be 5006
Common grantor, title back of . . . . 5004
Consent rule 5656
Admits lease, entry and ouster, 5007
Construed as filed 5007
Costs, defendant not liable after
disclaimer 5003
County line dividing land 4996
Disclaimer of title at first term. . 5003
Effect of such disclaimer 5003
Land divided by county line.... 4996
Fictitious forms, sufficient, 4972, 500,7
Not repealed by Code 4972
Improvements set off in eject-
ment, when 5087
Joint action, not maintained,
when 5000
Judgment conclusive against par-
ties 5005
Judicial, sale, title deeds back of,
need not be shown 5447
Notice to true claimant 5001
Possession, ejectment lies in favor
of one having right to 3875
Previous warrantor may be co-
defendant, when 3617, 5006
Prior possession, right to recovery
on 4004, 5008
Several claims not jointly sued,
when 5000
Strength of his own title 5004
Surveys 5686, 5690
Title back of common grantor, 5004
Title, plaintiff recovers on his
own 5004
True claimant made defendant,
how 5001
Venue 4951, 5870
Vouching into court.. 3617. 5234, 5006
Weakness of defendant's title. . . . 5004
Writ of possession 5418
Issues against whom 5419
Election (see Equity).
Attachment cases, exception as
to 3739
Cases of, arise, when 4012
Marshaling assets 4002
Contract and tort, election be-
tween 3811, 3903
Court, election by court 4014
Creditors compelled to, when. . . . 2691
Deeds, election under 4016
Domicile, election of one of two. . 1825
Dower, bequest in lieu of 4690-4692
Not barred by election in ig-
norance 4691
Equity jurisdiction of, 4002, 4012, 4016
Legatee, election by 3334, 4013
Compensation to defeated lega-
tee 4015
Plaintiff, when put upon 3737
Two liens, election between 2691
Elections 32-115
Arrest, voter's freedom from .... 77
Attorney-general 219, 5860
Ballot, popular elections to be by, 5736
By whom and where cast 60
Blanks and tally sheets to be
furnished 6110
Furnished for what elections. . 6111
Furnished by Governor and or-
dinary 76
Secretary of State to furnish. 181 (6)
Book for voters to be kept open. . 39
Bond election, number of votes,
how ascertained 380
Bonds, elections as to issue of . . . 6074
Notice to solicitor general 6074
Bonds of city or county, election,
how held 378, 5893, 5909
Notice of 377
Challenge for legislators 72 (4)
Change of county sites 392, 394
Cities and towns, hours for open-
ing and closing precincts.... 6109
Clerk of superior court, general
provisions 80, 96, " 100
Election to fill vacancy 4351, 4352
Compensation of managers and
clerks 72 (8), 6116
Compensation to be fixed before
election day 6116 (2)
Previous laws as to, re-
pealed 6116 (3)
505
INDEX.
El
CIVIL LAW.
Elections — Continued.
Comptroller general 203, 5823
Congress, for members of (see
Congress) 80, 83-88
Constables, election of . . 105, 106, 4083
Constables in new militia dis-
tricts 337
Time and place of 105, 6120
Contested elections (see Contest-
ed Elections) . . . 107-112, 6060-6069
Coroner's 112, 491, 492
General provisions 80, 96, 100
County officers . . 80, 96-100, 4219, 5929
County school board 1354-1356
County surveyor 473, 474
General provisions 80, 96, 100
County treasurer — general pro-
visions 80, 96, 100
Term of office 448
Debts of cities and counties, elec-
tions as to 5893, 5909
Disqualified persons, list of, how
prepared 49
List ot to be filed 48
Disqualified voters 5738
How listed 48, 6115
Compensation of officers
611J
Examination of election papers
by grand jury 75
False returns, penalty for making. 74
Females, not entitled to vote or
hold office 1810, 6155
State Librarian, female may be. 6155
Fence 1777-1780
Forms for conducting, how pro-
vided 76, 181 (6)
General Assembly (see General
Assembly) 325, 329
Assembly in joint session 295
Each house judge of its own
members 5764
Elections by 5789
Members of 5750
Officers of 329
Provisions applicable to all elec-
tions 80
General elections, voter registered
at, qualified for intermediate
elections 6114
Governor of Georgia (see that
title) 81, 82, 5806-5809
Consolidation of vote for 72 (10)
Law concerning 81, 82, 5806-5812
Hearing before registrars 55-58
Inspection of list and books 64, 65
Judges, election by the people. . . 6212
Judges of superior courts
295, 5840, 5863 (4)
Judges of supreme court
295, 5835, 5863 (4)
Justices of the peace
101-104, 4051, 4062, 4063, 5857
In new militia district .". . 337
Justices of the peace, time and
place of election 101, 6118
Freeholders, how appointed . . . 6119
Qualification of voters .... 101, 6118
Superintend elections, who
shall 102, 6119
Legislative vacancies, how filled.
78, 79, 5817
Legislators, election, how con-
tested 107-111
Superintendents and clerks for
elections of 72 (2)
Vote for, to be by ballot 72 (1)
Legislature, challenge of voters. 72 (4)
Free-holders superintend, when. 71
Manner of conducting elections. 72
Place of holding elections for.. 69
Superintendents of elections,
for members of 66
Time for holding elections 70
List and books open to inspection. 64
List of voters furnished election
managers 59
Furnished registrars 47
List for special elections 6114
Liquor, sale of (see title Liquor) .
1541-1550
Sale on election day prohibited. 5742
Local option (see Liquor) .... 1541-1550
Local tax for common schools. . . .
1399, 1401
Managers, list of voters furnished
to 59
Return of list by 62
Members of Congress (see Con-
gress) 80, 83-88
Military officers 1235-1238
Military parades, limitation on . . . 1233
New militia districts 337
Notice of 100
Oath, separate printed, may be
used 46
To be read to applicants 42
Oath of electors 5737
Oath of registrars 52
Oath of voters 32
When name not in list ........ 61
Who to administer 40
Oath of superintendents 67
Before whom taken 68
Ordinary and county officers —
general provisions
80, 96-100, 4219, 5929
People, elections by shall be by
ballot 5736
Polls, opening and closing of 70
Precincts, location and number,
change of 69
Presidential electors (see Presi-
dential Electors) 89-95, 871
President of the Senate 294, 5757
Primary elections, protection of
(see that title) 113-115
Privilege of voters 5739
El
INDEX.
506
CIVIL LAW.
Elections — Continued.
Provisions applicable to all elec-
tions 80
Qualification of voters.32, 33, 5736, 5741
Race to be noted on voter's book. 44
Ratification of constitution. 5942, 5943
Application and method of 41
Method of 40, 46
No person to vote without .... 35
Registered voters, list of, how pre-
pared 53,54
Registrars appointment and oath
of 50-52
Proceedings of, to be public... 65
Registration of voters (see Regis-
tration of Voters)
35-65, 5738, 6114, 6115
Applicant, title to register 45
Constitutional provision as to.. 5738
Good for succeeding year 6113
Registration books, provisions as
to keeping open 36, 37
Returns, destroyed, when 183
How made 72 (9, 10)
To be made to Secretary of
State, when 5743, 5807
Secretary of State 176, 5823
Sheriff, general provisions. .80, 96, 100
Sheriff shall attend at county
site 4380 (2)
Signatures in voter's book prima
facie evidence 43
Soldiers and sailors of the United
States . 5737
Solicitors-general.. 295 (4), 4387, 5863
80, 96, 100
Election by the people 6212
Speaker of the House of Repre-
sentatives 294, 5762
Special elections, provisions as to
registration of voters 38
List of voters to be filed with
registrars 6114
State Treasurer 186, 5823
Superintendents, freeholders may
be, when 71
Misbehavior, how punished .... 73, 74
Oath of 67
Oath, before whom taken 68
Penalty against for failing to
deliver lists 73
Who, and how appointed 6119
Superintendent of, for J. P.'s.l02, 6119
Appointed by ordinary 6119
Oath of superintendent 6119
Superintendents of. for members
of legislature 66
Superior court judges 4310, 5863
Supreme court judges 5863
Tax collector, general provisions
80, 96, 100
Tax defaulters not to vote. ... 45, 5737
Tax receiver, general provisions
80, 96, 100
Time of holding, § 38 amended. . . 6114
Tort or contract, election between 3811
Town or village 691, 694
Towns and villages 686
Election for organization 688
Transfer of district or county,
voters 34
United States senators 325-328
Unlawfully denied right to sign
voter's book 55
Vacancies in General Assembly,
elections to fill 80
Volunteer forces 1115-1117
Vote, what persons may 33
For legislators 32
For members of Congress. .5951, 6032
Right to vote not to be abridged. 6035
Voters, oath of 32, 36
Grand jury shall examine list of. 75
Grand jury shall present, when. 74
Immunities of voters 77
Qualification of voters 32, 33
Penalty for influencing 74
Registration of voters . . . 35-65, 5738
Right of voter, when residence
changed 34
Voters' books, when to be opened.36, 39
Who to take charge of 40
Writs of, issued by Governor.... 5816
Election Managers and Clerks.
Compensation of 72 (8), 6116
Compensation to be fixed before
election day 6116 (3)
Previous laws as to repealed.6116 (3)
List of voters furnished to 59
Oath of, primary elections 113
Penalty for failing to deliver list
in time 73
For making returns 74
Returns of, in primary elections. . 115
Election Precincts (see Elections;
Registration of Voters).
Change of, General Assembly
shall not make 5780
Established and changed by or-
dinary 69, 4238
General Assembly cannot change. 5780
Registered voters vote where. 60, 72 (1)
Vote at precinct of residence. . . 59-61
Vote at county site, when .... 60, 61
Vote at ward, when 59-61
Wards in city are, when ...... 59, 69
Electoral College.
Law relating to 89-95
Electors (see Presidential Elections
and Electors).
Arrested, may be, for what 5739
Ballot, vote shall be by 72
Congress, elections for members
of 5951, 6032
Exemption from arrest on election
d^ays, may be arrested for
what 5739
507
INDEX..
El-Eq
CIVIL LAW.
Electors — Continued.
General Assembly, for members
of : 32-34
Oath of electors 32, 5737
Persons who are in this State. . . .
5737, 5738
Privileges and immunities of ... . 77
Qualification of 32, 33
Registration of 5738
Right to vote not to be abridged. 6035
Taxes, payment of by electors... 5737
Electrical Companies.
Condemnation of private prop-
erty 6454
Condemnation under Code
4657-4686, 6455
No interference with mill or
factory 6456
Protection of electrical com-
panies 6457, 6664
Electricity.
Rent or sale of power 1870
Street railroad may buy or sell.. 2181
Eligibility to Office.
Ineligible, persons who are 1323
Embalming (see Georgia State
Board of Embalming) 6487-6499
Embezzlement of Public Funds.
Disfranchisement for 5738
Emblements.
Life estate terminating, right to. . 3092
Tenant at will, right to 3134
Tenant for years, not entitled,
when 3112
Eminent Domain.
Compensation for property taken
for public use 5729, 6018
Condemnation of private property
(see that title) 4657-4686, 6196
Method of exercising power.4657-4686
Corporate franchise, subject to. . 5798
Definition of 3052
Destroying private property for
public good 1456, 3056
Electrical companies 6454-6457
Exercised, when and how
3053, 3054, 4657-4686
Just comnensation to be first
made 3055. 4657-4686
Right of, never to be abridged. . . . 5798
How exercised 3054
When exercised 3053
Roads, condemnation of land for
(see Roads and Bridges) .6083-6086
Telegraph companies, condemna-
tion by 2344, 2347
Waterworks companies, condem-
nation by 2408
Employees (see Master and Serv-
ant; Railroads).
Deceased employees, wages of,
payable to widow 6657
Fire escapes for 2621
Hours of labor in factories 2615
Liens of employees 2787
Railroads, liability of to employ-
ees 2323
Rights of employees 2610-2625
Seats for, duty to provide 2621
Torts of, when employer liable
for 2610, 3818
Emoloying Servant of Another.
Action for 2609
Enactment of Laws (see General
Assembly).
Encampment of Military 1215-1217
Enclosures and Fences (see Fences
and Inclosures).
Law governing 1762-1788
Encumbrances.
Apportionment 3992
Burden of proof 3616
Discharge of encumbrances 3992
Vouching of warrantee 3617
Warranty against.3555, 3612, 3614, 3615
No warranty against for sale of
land 3613
Endorsers (see Indorsers).
Endorsement (see Indorsement).
Entails.
Abolished and prohibited 3085
Construction of in this State 3085
Entomology.
Board of Entomology (see Board
of Entomology 6604-6619
Entomologist, appointment of.... 6596
Equitable Assets.
Creditor's right to pursue in
equity 2688
Equitable Estoppel (see Estoppel).
Arises in what cases 5152
Equitable Proceedings and Reme-
dies (see Equity) 4833-4928
Equity.
Chambers, minors, guardians ad
litem for 4866
Notice, when necessary 4865
Proceedings at 4863-4866
What may be done at 4864
Accident and mistakes, definition
of accident 3968, 3986
Error in form of conveyance. . . 3971
Execution of a power, remedied
in equity 3986
Volunteers, equity not relieve,
when 3972
Account and set-off 3989-3996
Bill for, need not offer to pay
balance 3995
Jurisdiction over matters of . . . 3989
Accounts stated, attacked when.. 3994
Objector must surcharge and
falsify 4994
Eq
INDEX.
508
CIVIL LAW.
Equ ity — Continued.
Action may be brought by what
person 4841
Equitable bar, when interposed. 3775
Amendments in equity .... 4835, 5097
Effect of amendments 5068
Right to make amendments .... 4835
Takes place of supplemental bill 4969
Administration of assets (see that
title) 3997-4005
Creditors' petitions 4003
Interfere with administration,
equity will not, when 3999
Joint and individual assets .... 4005
Ancillary to and follows the law. 3923
Answer, how far defense
3950, 5061, 6186
Not evidence, where discovery
waived 3946
Oath of defendant to 5692
Responsive, when 3951
Answer may be in the nature of
cross bill 4969
Supplemental petition unneces-
sary 4969
Apportionment, decreed when. . . . 3993
Assets, legal and equitable 3997
Partly legal and partly equi-
table 3998
Assignments attacked 2710
Attachment and execution on de-
crees 3943
Attachment in aid of
3944, 4858, 4860, 4899
Auditor, fees of, how determined. 4602
Auditor, reports of 4581-4603
Exceptions to, how classified
and tried 4589
Exceptions to mode of trying. .
4590, 4594, 4595
Avoidance, matters in, must be
proved 3951
Bar, when interposed in equity. . . 3775
Bills of peace 4894, 4895
Bills of review, limitation on .... 4862
Bills of review and for new trial,
bar 3770
Bona fide purchaser is protected. . 3934
Relief not granted against .... 3976
Both parties at fault 3937
Cancel for mistakes of one, when. 3982
Charitable bequests, equitable ju-
risdiction for 4006
Cy pres 4007
Irreligious, what is 4010
Charities, jurisdiction over. . 4006-4011
Right of supervision 4009
Subjects of charity 4008
City council, discretion of, not in-
terfered with 746
Co-defendant's answer, evidence,
when 3952
Common law remedy defeats
equity jurisdiction 3941
Doctrine distinguished 3941
Complainant must do equity 3924
Complete justice, equity seeks to
do 3925
Concurrent jurisdiction 3943
Confidential relations 3040
Such relations preventing acqui-
sition of adverse rights 4031
Conditions, rule of construction
as to 3971
Considers that done which ought
to be done 3926
Consolidation, multiplicity ground
for, when 4846
Construction as to conditions,
rule of 3971
Contempt, injunction, etc., en-
forced by attachments for . . . 4860
Contribution compelled, when. . . .
2989, 3991, 3992
Costs under special verdicts .... 4850
Upon whom costs fall 4850
Creditors' bill, parties to 4003, 4845
Creditors equity not interfere
with 3942
Creditors' petitions 4003
Equitable assets for creditor. . . 4004
Creditors, right of, to claim fund. 4845
Criminal laws, administration of,
not interfered with 4914
Cross bill need not be filed 4969
Answer may set up such mat-
ters 4969
New parties, how made 4969
Supplemental parties, how
made 4969
Supplemental petition unneces-
sary 4969
Decrees (see that title) 4851-4862
How enforced 3944, 4851-4862
Specific performance 4852
Bind whom 3936
Defendants, equitable relief of... 4837
New parties and extraordinary
remedies 4838
Direction, petitions for 4000
Discharge of incumbrances 3992
Discovery (see Discovery) . . .3946-3957
Answer, how far evidence. 3950, 6186
Either party entitled to relief .4836-4839
Election, cases of, arise, when...
4012-4016
Compelled, when 4002
Court, election by 4014
Deeds, election under 4016
Defeated legatee, compensation
to 4015
Jurisdiction to compel 4012
Legatee, election by 4013
Equal equities 3927
Equality is equity 3930
Equitable and legal assets 3997
Equitable assets for creditor .... 4004
Equitable bar 3198, 3775
509
INDEX.
Eq
CIVIL LAW.
Equity — Continued.
Equitable or legal rights, reme-
dies applied
Equitable relief for defendant. . . .
Equitable relief from the court. . .
Equitable proceedings and reme-
dies 4833-
Auditor, when appointed
Report of auditor, effect of
Auditors, exceptions to reports..
How classified and tried
Bills in equity, as such abolished.
4833,
Change to petition 4833,
Chambers, proceedings at
Cloud on title
Concealment, when . relieved
against
Contracts, reformed, when
Rent contracts, etc., apportion-
ment of
Creditors' bills 2716,
Decrees, jury, decrees without,
when
Demurrers, pleas and answers. . . .
5047,
Discovery (see Discovery) ..3946
Compelled in equity, when ....
Extent of
Must be under oath
Privilege of party as to
Waiver and its effect
Equitable set-off
Estoppel, equitable estoppel
Exceptions of law for judges
Execution of a power remedied in
equity (see Execution of Pow-
ers; Powers) 3986, 4017
Collusive execution
Consent of trustees to marriage.
Discretion abused, or none al-
lowed
Discretionary powers
Faithful execution compelled..
Illusory appointment
Jurisdiction over powers
Mistakes in, remedied in equity
3986,
Power of sale in deed of trust,
etc
Exhibits, copies of to be filed
with copy or answer . . . 4963,
Production of original, when
required
Extent of jurisdiction
Extraordinary remedies .... 4867
How applied for and obtained . .
How enforced 4864-4928,
Extraordinary equitable remedies
in aid of suit or defense
False item in account, casts sus-
picion on all
Falsifying, what is
Fault of one overbalancing other.
4833
4837
4834
4928
4581
4585
4589
4589
4931
4931
4864
4893
3984
3981
3993
4003
4849
5064
■3949
3946
3948
3949
3947
3946
3996
5152
4594
4023
4019
4021
4022
4018
4022
4020
4017
4018
4023
5694
5694
3945
4928
4836
4899
4839
3994
3494
3937
Follows the law 3923
Foreclosure of mortgage in 2770
Forfeitures, construction to re-
lieve against 3971
Fraud, actual and constructive
fraud 4025
Annuls deeds, judgments, etc.. 4032
Concurrent jurisdiction 4024
Confidential relations, such re-
lations preventing acquisition
of adverse rights 4031
Consummated in what manner. 4028
Evidence sufficient to establish. 4029
Jurisdiction in cases of . . . .4024-4035
Misrepresentation constitutes
legal fraud, when 4026
Suppression of the truth 4027
Surprise for which relief will
be granted 4034
Fraudulent trade-marks, etc 4035
Full relief granted in 3925
"Good defense," setting aside
judgment for 3988
Grants relief to whom 3976
Grounds of relief 3922
Guardians ad litem (see Guardian
and Ward) 4866
He who would have equity must
do equity 3924
Husband's possession presump-
tively is 3931
Ignorance of fact 3984
Mutual ignorance 3985
Ignorance of law, not ground of
relief, when 3978
Ignorance which is equivalent to
knowledge 3933
Inadequacy of consideration ...... 4033
Incumbrances, discharge of 3992
Injunctions (see Injunctions) ....
4913-4928
Innocent persons, which of two
must suffer 3940
Innocent purchaser protected .... 3934
Insolvents (see Creditors' Bills)
2716, 4003
Insolvent traders, proceedings
against 2716-2722, 4003
Interlocutory decrees and orders.
4847, 4855
Interpleader 4896-4899
Intervention in
4776, 4845, 4902, 4903, 4911
Issues of fact, how submitted. . . . 5697
Joinder of legal and equitable
actions 4833-4840, 4932
Against different persons 4938
Joint and individual assets 4005
Judgments, equity may set aside. 5370
Setting aside for "good defense" 3988
Will set aside, when 3987, 3988
Jurisdiction of equity 3921-3945
Extent of 3945
Grounds of relief 3922
Eq
INDEX.
510
CIVIL LAW.
Equity — Continued.
Account, jurisdiction over mat-
ters of 3989
Assent to legacy, jurisdiction to
compel 3320
Charitable bequests 4006-4011
Concurrent, court first taking
retains 3943
Creditors, jurisdiction in favor
of 2688, 2689
Election, jurisdiction to compel. 4012
Election between creditors. . . 2691
Fraud, jurisdiction over 4024
Marriage settlement 2480, 2486
Partition, iurisdiction in cases
of 4783-4785
Partnerships 2533, 2642
Set-offs against insolvents, etc. 3755
Trusts and trustees 3195-3199
Vested in superior court 3921
Jury trial, when 4849
Justice, equity seeks complete. . . 3925
Laches which denies relief in
equity 3939
When a bar 3775
Lapse of time as constituting bar. 3198
Law prevails, equities being equal 3927
Legal and equitable assets 3997
Limitation as at law applies in.. 3775
Limitation on bills of review .... 4862
Lis pendens, notice by 3936
Purchaser pending suit, bound
by decree 3936
Lost bonds or notes, indemnity
required 3969
Mandamus (see Mandamus) . .4867-4875
Marshaling assets 4001
Election compelled, when 4002
Master, auditor instead of 4581
Fees of master, how determined
and paid 4602
Report of master and accom-
paniments 4589
Merger of equity and law 5843
Mingling of goods 3990
Minors, how represented 4866
Misled party has superior equity. 3929
Mistake, definition of 3973
Division of, into mistakes of
law and of fact 3977
Draftsman or agent, mistake
by 3980
Judgment or opinion, mistakes
of, not relieved against, when. 3985
Mistake of fact 3983
Mistake of law by parties 3979
Parol evidence admissible to
prove 3975
Reforming contract because of. 3981
Relievable in equity 3973
Misrepresentation constitutes
legal fraud, when 4026
Mortgage foreclosure in equity.. 2770
Multiplicity of suits
3989, 4894, 4916, 5048
Ground for consolidation, when. 4846
Mutual ignorance of a fact 3985
Ne exeat (see that title) 4886-4891
Negligence and concealment .... 3984
Bars relief, when 3974, 3984
Of complainant, relieved in
equity, when 3974
Negligent ignorance is equivalent
to knowledge 3933
Notice extends to facts discover-
able 3933
Notice of equity, taker with 3932
Purchaser without notice from
one with, and vice versa 3938
When necessary 4865
Oath or affirmation of defendant
to answer 5692
Obscure terms in bequests, ex-
traneous evidence ! . . . . 4011
Orders and decrees, attachment
and execution on 3944
Parties in 4841-4846
All persons interested should be
made parties 4844
Either party entitled to relief. .
4836-4839
How made 4835-4846, 5016-5034
Making parties and amend-
ments 4835
May do voluntarily what court
would compel 3935
Persons under disabilities 4843
Who may sue : 4841
Partition, jurisdiction in cases of.
4783-4798
Partly legal and partly equitable
assets 3998
Party misled 3929
Perpetuating testimony, method
of 3958-3967
Application and order 3965
Application recorded 3965
Deposition and filing 3964
Effect of testimony 3966
Fees to be paid commissioner. . 3967
Perpetuation of testimony, when
proceedings entertained 3958
Costs, complainant to pay 3962
Discovery and perpetuating tes-
timony 3959
Possession immaterial 3960
When evidence 3961
Persons under disabilities 4843
Pleadings and notice 4840
Possession is notice of title 3931
Powers (see Execution of Powers,
above).
Jurisdiction over 4017-4023
Proceedings by petition . . . 4863, 4960
At chambers 4863-4866
Prochein ami, bond of 5696
511
INDEX.
Eq
CIVIL LAW.
Equity — Continued.
Prohibition 4885
Purchaser without notice from
one with notice, and vice versa 3938
Quia timet 4892, 4893
Quo warranto (see Mandamus) . . .
4876-4884
Receivers (see Receivers) . . . .4900-4912
Relief, grounds of 3922
Common law remedy complete,
none granted 3941
Granted against whom 3976
Not granted to one in laches. . . 3939
On report of auditor, when .... 4599
Reforming a contract . .3970, 3980, 3981
Reformation of conveyance 3970
Representatives of a class may
represent all 4842
Rescission 3710
Rescission for mistake 3982
Responsive, when answer is 3951
Rights, legal or equitable, enforce-
ment of 4833, 4834
Rules in equity (see that title) . . .
5692, 5697
Sanction of appeal, not required,
when 4964
Sanction of judge to extra writs. 4967
Service of such writs 4968
Service after appearance, what
sufficient 5693
Of extraordinary process 4968
Set-off in equity 3996
Special verdicts on facts 4849
Costs, how assessed 4850
Specific performance (see that
title) 4036-4042
Stated account, one false state-
ment casts suspicion on all.. 3994
Party must surcharge and fal-
sify 3994
Subrogation 2995
Subpoena, substituted service ... 4975
Suit may be brought by what
persons 4841
Suppression of the truth 4027
Surcharging and falsifying 3994
Surprise for which relief may be
granted 4034
Taxes, judicial interference with,
forbidden 903
Time, superior indulgence as to. . 3927
Title, possession is notice of 3931
Trial and its incidents 4847-4850
Trial term 4848
Cases disposed of at first term
by consent 4848
Trust property, sale of 3178
Trusts, jurisdiction as to 3195-3199
Unequal equities 3927
Superior prevails, when 3927
Value, equity under, superior to
that of volunteer 3928
Venue in equity cases 4950, 5871
Verification 4962. 4964-4966
Voluntarily do what law would
compel, party may 3945
Volunteers 3928
Equity of Redemption.
Foreclosure of mortgage 2743-2770
Levied on in what manner 5432
Security deeds, foreclosure of . . . 5432
Sold under powers 4023
Equity Pleading and Practice.
Answer, admissions in, when evi-
dence 5056
Evidence, answer as, and how
overcome 3950, 5061
How verified 5056, 5062
Mode of trial 4849
Nonresident, answer of, how
verified 5062
Assignees, appointment of 3166
Auditor, report of 4588
Auditor's report, exception to.... 4589
Bills abolished as such 4833, 4931
Dismissal of, and its effect 4970
Discovery, bills merely for, not
allowed 3959
Filed where 4950
Framed, how 4962
Perpetuate testimony, bills to . .
3958, 3962
Revivor of bills of, abolished.. 4969
Sanction, when required.. 4967, 4973
Time of filing and serving 4973
Costs, who decides as to 4850
Defense, modes of 5047
Demurrer, nature and ground of. 5048
Disabilities, parties under 4843
Discovery, bill for, how framed
(see Discovery; Equity) .... 4962
Dismissal of bill and its effects.. 4970
Extraordinary process, when an-
nexed 496S
How obtained 4967
How served 4968
Filing of bill, time of 4950
Formalities, want of, not vitiate. 4971
Interrogatories, when required . . 4962
Legatees, etc., against executors,
suits by 4844
Masters and auditors, appoint-
ment of 4581
Exceptions to report 4589
Fees of 4602
Powers and duties 4581-4602
Report of 4588
Maxims in equity 3923-3940
Mode of trial 5849
Modes of defense in equity 5047
Money rules 4776
Notice of demurrer, plea, etc 5064
Petition for equitable relief. . 4833-4840
Pleas 4837, 5045-5068
Replication not required . . . 4840, 5063
Rules in equity (see that title) . . .■
5692-569-7
Eq-Es
INDEX.
512
CIVIL LAW.
Equity Pleading and Practice — Cont'd.
Service of bills 4975-4994
Of extraordinary process 4968
Set-off, dismissal of bill not effect. 4970
Subpoena annexed to bills 4975
Supplemental bills not required.. 4969
Testimony taken, when 5063
Trial, order for, not needed 5063
Trustees, authorizing expendi-
tures for 3185
Appointment and removal of . . .
3164, 3166
Authorizing investments by . . . 3180
Sales by trustees 3172, 3188
Voluntarily do what law would
compel 3935
Erasure.
Effect of alteration 3702
Explaining alteration 5242
Error.
Fast writs of error 5540
Grants, proceedings to correct er-
rors in 3212-3218
Judge's expression of opinion on
facts 4334
Or as to guilt of accused 3334
Writs of error, how taken 5526
In injunction cases 5540
In supersedeas, when . . . 5552, 5553
Escape.
Sheriff cannot defend because of
irregular process 5096
Escheats.
Claims to property alleged to be
escheated 3577
Definition of 3575
Duty of escheator 3577
Duty of ordinary 3577
Heirs, etc., incapable of holding
title to lands, proceeds paid
to them 3576
Claim within six years 3580
Proceeds, how disposed of 3578
Solicitor-general, counsel for es-
cheator 3579
Escrows.
Deed is an escrow, when 3603
Establishment of Lost Papers (see
Lost Papers).
Deeds, copies of, how established. 3611
Justice's court, establishment in. .
4753-4756
Public records 5223-5230
Summary establishment of .. .4757-4759
Superior court, establishment in. .
4743-4752
Estates (see Distribution of Es-
tates) 3080-3194
Abeyance, estates in 3082
"Absolute estate," what words
create 3083
Absolute or fee simple, denned. 3081
Definition of estate 3080
Applies to realty and person-
alty 3080
During widowhood, are estates for
life 3089, 3108
Estates for years (see that title) .
3109-3114
Estates tail 3085
Limitations which create, gives
life estate 3085
Presumption of, not allowed.. 3085
Fee may be limited on fee 3082
Fee simple, definition of 3081
What words will create.. 3083, 3085
"Heirs" necessary to create ab-
solute estate 3083
Limitation of lesser estate.... 3083
"Heirs," held to mean children, 3084
"Heirs of the body," held to mean
children 3084
Implication, grants by, not fav-
ored 3675 (7)
Intention of maker governs con-
struction 3083
"Issue," held to mean children. . 3084
Landlord and tenant (see that ti-
tle) 3115-3136
"Lawful heirs," held to mean chil-
dren 3084
Lesser estates not enlarged by
construction 3083
Life estates (see Life Estates) . .
, 3087-3097
Rights and liabilities of tenant
for life 3090
"Lineal heirs," held to mean chil-
dren 3084
Merger of estates 3106
Ne exeat in cases of removal of. .
4886 (2)
Realty descends to heirs 3081
Right to recover, in representa-
tive 3081
Remainder and reversion (see
that title) 3098-3108
Remote limitations, how consid-
ered 3086
Trust estates, creation and na-
ture of 3148-3162
Tax, not liable for double, when, 856
Technical words 3084
Tenant for life, rights and liabil-
ity of 3090, 3087-3097
Unrepresented, bar when at-
taches 3781
Creditors of unreprensented
estates 3782
Estates for Life (see Life Estates)
3087-3097
Estates for Years 3109-3114
Definition of 3109
Differ from case of landlord and
tenant 3110
513
INDEX.
Es-Ev
CIVIL LAW.
Estates for Years — Continued.
Distinction from bailment 3110
Emblements 3112
Expenses and repairs 3113
Leases 3114
Mining interest not pass 3114
Realty, such estates are, when. . 3109
Rights of tenant 3111
Estates in Remainder (see Remain-
der Estates) 3098-3108
Estates in Reversion.
Definition of 3098
Estates on Condition (see Condi-
tional Estates) 3136-3143
Breach of condition subsequent,
effect of 3141
Construction of conditions 3137
Definition of such estates 3136
Dependent and independent cove-
nants 3140
Devises and legacies on condi-
tion 3335
Granted upon, either express or
implied 3136
Grantee bound by conditions in
deeds 3600
Illegal conditions void 3138
Impossible conditions void 3138
Non-compliance not excused by
disabilities 3139
Non-performance, what will ex-
cuse 3139, 3140
Notice of condition unnecessary. . 3139
Precedent and subsequent condi-
tions 3137
Estates Tail.
Limitations which create, give a
life estate 3085
Presumption of not allowed 3085
Remote limitations, how con-
strued 2086
Estoppel.
Admissions in judicio 5150
Agent cannot dispute principal's
title 3012
Carriers, estoppel on 2286
Deed, maker, how far estopped.. 3909
Recital of receipt of purchase
money, not estop 3608
Doctrine of 5150-5153
Equitable estoppels 5152
Favored, estoppels are not 5150
Certain of these specified 5150
Fidelity insurance companies es-
topped to deny corporate
power 2143
Grantee bound by what conditions
in 3600
Judgment, estoppel by 5233, 5348
Officers, public not estopped by
illegal acts of 268
33— Ga. Code
Silence, estoppel arises, when. . . .
3823, 5472
Tenant not dispute landlord's ti-
tle 3122
Title to real estate, estoppel as
to 5151
Trustees estopped to claim title
adverse 5153
Void judicial sales 5472
Estrays 1742-1756
Abandoned and diseased animals,
how dealt with 1755
Advertised, how 1744
Appraisement and description. . . .
1743, 1752
Filing papers, fees, claims, and
costs 1753
Appraising, expenses against
taker up for not 1750
Conflicting claims, how tried.... 1748
Description and appraisement. . . .
1743, 1752
Filing papers, fees, claims, and
costs 1753
Disposed of, how 1743
Expenses, how determined 1749
General estray laws applicable. . 1754
Proceeds of sale, how disposed of, 1746
Reclaimed by owner, how 1747
Sale of, when 1745
Notice of sale 1751
Proceeds, how disposed of 1746
Sold at what time 1745
Stone, horses may be gelded,
when 1756
Stud may be gelded 1756
Take up, who may 1742
Taker up, liability of 1750
Evasive Answer.
Charge, when to be taken as true
5054, 5163
Eviction.
Breach of warranty, when 3617
Evidence 5142-5327
Acts of congress as to exemplifi-
cations 5237, 5238
Administrators, final receipts of. . 3499
Admissions (see Admissions and
Confessions).
Agents, admission of 5192
Entire admissions received.... 5196
Privies, admission of ^ . . . . 5192
Received, when 5189, 5190
Rejected, when 5189, 5194
Strangers, admission of 5191
Weight of 5197
Admissions and confessions (see
that title) 5187-5200
Admitting or rejecting, new trial
for 5478
Adultery 5272
Advice of counsel, not to be dis-
closed 5199
Ev
INDEX.
5U
CIVIL LAW.
Evidence — Continued.
Affidavit of witness, not a party,
how obtained 5323
Defaulting witness, how pun-
ished 5328
Fees of officer for taking affi-
davit 5326
Female witnesses 5325
Witness residing out of county, 5324
Alterations, explanation of (see
Alterations) 5242
Must be explained 5242
Altered contract, when to be
proved 3704
Ambiguities, parol evidence to ex-
plain 3675 (1), 5202
Ambiguity in will, parol evidence
to explain 3325
Amount of mental conviction re-
quired 5144
Analysis of fertilizers, copy as.. 1553
Analysis of sample 1576
Ancient boundaries and land-
marks 5185
Ancient deeds 3610
Ancient documents 5184
Answer in equity, how far de- •
fense 3956, 6186
Responsive, when 3951
Apprenticeship, articles of inden-
ture of 2602
Arbitration, taking affidavits by
commission 4495
Attendance and fees of witnesses
(see Witnesses) 5260-5266
Attesting witness required, when
5244, 5245
Attorney and client, communica-
tions between 5199, 5198 (2)
Auditor to report inadmissible
evidence 4586
Best evidence must be produced. .
5162, 5163
Birth, how proved 5177
Blank indorsements, explainable,
how 5209
Books, examination by commis-
sioners; statements of com-
missioners 5259
Books of account, admitted under
what circumstances 5182
Books of Board of Dentists 1508
Books of Western & Atlantic Rail-
road 1033
Books, transcripts of, may be
sued, when 5258
Brief of evidence (see New Trial:
Suprem Court)
5488, 5528-5531, 5680
Burden of proof (see that title)
3617, 5160
Changing onus 5161
Judge decides, when 5161
Certified copies of wills 3290
Certified transcripts of judicial
proceedings 5215
Character and conduct of parties, 5159
Circumstantial evidence defined.. 5143
Collateral papers, secondary
proof of 5244
Commissioners, evidence before
(see Interrogatories and Dep-
ositions) 5315-5322
Communications among grand ju-
rors, excluded 5198 (3)
Comparison of handwriting 5247
Competency of witnesses (see
Witnesses) 5267-5278
Attorneys, evidence of, as
against clients 5271
Competent evidence defined 5143
Compromise offers inadmissible.. 5194
Confederate soldiers' roster, tran-
script of record as evidence. . 6527
Confessions, law as to (see Admis-
sions and Confessions) . . 5187-5200
In divorce cases 2430
Confidential communications
5198, 5199
Consent, agreement by attorneys,
lost, how proven 5652
Contemporaneous writings, admis-
sibility of 5202
Conversations, when admissible.. 5176
Copies of records, etc., when ad-
mitting primary 5167
Copies of wills, records, etc., ad-
missible, when 5167
Copy deed, how established 3611
When admissible 3630
Copy from register 5219
Copy of grant, when admissible. . 5674
Copy, when evidence 3630, 5174
Corporations, extracts from books
of 5236
Criminal cases, amount of men-
tal conviction required 5144
Cumulative evidence defined.... 5143
Cumulative and impeaching, no
ground for new trial 5481
Dates by Stern's calendar 5169
By Stafford's office calendar. . 6641
Death, how proved 5177
Declarations and entries of de-
ceased persons 5181
Of agents, when admissible. . . . 3034
Of persons in possession 5180
Deeds recorded 3628, 3630
Deeds reduced to mortgage, evi- .
dence allowed, when 2725
Definitions of the several kinds of
evidence 5143
Degrees in secondary evidence. . 5173
Descent, how proved 5177
Destroyed records, proof of 5217
Direct evidence defined 5143
Discovery from parties at law
(see Discovery) 3953-3957
515
INDEX.
Ev
CIVIL LAW.
Evidence — Continued.
Disputable presumptions 5154
Documentary evidence, produc-
tion of, when compelled
5243, 5248, 5678
Secondary proof of, when re-
ceived 5167, 5174, 5239, 5673
Documents as 5210-5238
Duplicate better than copy 5173
Establishment of mutilated and
lost records (see Mutilated
and Lost Records, below)
5222-5230
Estoppels denned 5150
Equitable estoppel 5152
Estoppel as to title to real es-
tate (see Estoppel) 5151
Evasive answer 5054, 5163
Examination of witnesses (see
witnesses) 5279-5289, 5691
Examinations, duty of justice of
the peace to return 5671
Examined copy better than oral
evidence 5173
Exceptions to attachment affida-
vit and bond 5646
To claim affidavit and bond 5646
To declarations and process...
5659, 5675
Exceptions to general rule as to
admissibility 5171
Exceptions to interrogatories.... 5668
To security on appeal ........ 5632
To testimony 5675
Exemplification of public officers
.« 5211-5238
When primary evidence. . 5167, 5212
Exhibits .4963
Existence of original 5174
Extracts from books of incorpo-
rated companies 5236
Extraneous, admitted as charities,
when 4011
Failure to produce evidence, 5157, 5163
Faith and credit given to acts and
records of other States 6002
Foreign laws and judgments, how
authenticated 5232
Foreign States, laws and judicial
proceedings of, how proved.. 5237
Public books and records of,
how proved 5238
Fraud, slight evidence sometimes
sufficient 4029
"What evidence of required ....
3669, 4029
Grand jurors, disclosures of 5200
Handwriting, proof of, 5246, 5309, 5311
Comparison of hands 5247
Hearsay evidence 5175-5186
Sometimes original evidence. . 5176
Homestead record 2835
Identity proved in what manner. . 5178
Illegal evidence as ground for
new trial 5478
Impeachment of witnesses (see
Witnesses) 5290-5295
Implied trust, parol evidence re-
ceived 3161
Incidental paper, secondary proof
of 5244
Indirect or circumstantial evi-
dence defined 5143
Inferences which jury may draw, 5157
Information, when admissible.... 5176
Inscriptions on monuments, etc., 5170
Intention, parol evidence as to . . 3083
Interpreter, evidence through.... 5275
Interrogatories and depositions
(see that title) 5297-5322
Irrelevant matter excluded 5158
Journals of the General Assem-
bly 5210
Judgments, effect of, as evidence
5233, 5372
How attacked 5373
Judicially recognized, things
which are. . . 5148, 5210, 5231, 5238
Jury, right to infer what 5157
Justices' courts, law as to evi-
dence in (see Justices'
Courts) 4129-4132
Laws and judicial proceedings of
other States, how proved.... 5237
Laws and resolutions of the Gen-
eral Assembly 5210, 5231
Laws of United States judicially
recognized 5231
Letters and replies, when admis-
sible , 5176
Letters of administration, etc. . . . 5213
Lost or destroyed records, con-
tents, how proved 5217, 5220
Lost papers, how proved 5240
Marriage, how proved 5177
Matters judicially recognized....
5148, 5210, 5231, 5238
Matters of public interest 5183
Mental conviction required 5144
Mistake in deed, parol evidence to
prove 3975
Municipal records, exemplifica-
tions of 5216
Necessity, evidence in cases of. . 5171
Negative testimony 5165
New trial for improper admission
or rejection 5478
Newly discovered as ground for
new trial 5480, 5481
Notarial acts, how proved 5235
Notice to produce (see Notice to
Produce) 5248-5254
Producing dispenses with
proof 5243
Object of evidence 5142
Objections to, how urged 5675
Ev
INDEX.
516
CIVIL LAW.
Evidence — Continued.
Obscene evidence 5296
Obscure terms in bequests or
deeds, extraneous evidence. . 4011
Officer de facto, how proved 5168
Onus, changed, when 5161
Opinion 5285
Original, existence of 5174
Original writing must be pro-
duced 5239
If lost or destroyed, secondary-
evidence admissible 5240
Paper need not be proved, when, 5243
Parol evidence, ambiguities, parol
evidence admissible to ex-
plain 5202
Former judgment, parol evi-
dence as to 3743
Inadmissible to vary written
contract 3675 (1), 5201-5209
Instances where parol is admis-
sible 5207
Intention of grantor or testator, 3083
Part only in writing 5204
Rebut equity, parol admissible
to 5207
Receipts explained by 5208
Trusts, parol evidence as to. . . . 3161
Void writing, parol admissible
to show 5203
Partnership, proof of, not re-
quired, when 2637
Part of paper introduced, balance
evidence 5241
Pedigree, how proved 5177
Perpetuation of testimony (see
Equity) 3958-3962
Perpetuating testimony, method
of (see Equity) 3963-3967
Perpetuated testimony, when
evidence 3961
Pleadings as evidence, 4961, 5054, 5188
Positive and negative testimony, 5165
Preponderance of evidence de-
fined 5145. 5146
Insufficient in criminal cases.. 5144
Presumption from failure to an-
swer letter 5155
Presumptions of law and fact. . . . 5149
Presumptive evidence defined. . . . 5143
Prima facie presumptions 5154
Primary and secondary evidence
defined 5164
Private writing, production of, in
evidence 5239-5247
Privileged matters
3947, 3957, 5198, 5271, 5288
Probate presumed 5221
Production of papers (see Notice
to Produce) 5248-6254
Producing dispenses with proof, 5243
Public excluded, when 5296
Public interest, matters of 5183
Railroad commission, rules of . . . . 2198
May compel testimony 6431
Exemption from prosecution.. 6431
Receipts only prima facie evidence
of payment 5208
Recitals in deeds, how far evi-
dence 3808, 5150
Records and public documents . .
5210-5238
Auditor to hear evidence 5226
Exceptions to auditor's report. . 5228
Fee of auditor 5227
Lost or destroyed 5217, 5220
Mutilated or lost, establishment
of 5223-5230
Petition to contain what 5225
Proceedings to establish 5224
Re-recorded, when 5229
Second record evidence, when, 5230
Registered deed admissible...... 3628
Registration, former acts contin-
ued in force 5222
Registry destroyed, secondary evi-
dence admissible 5220
Proof of registry 5218
Certified copy, when admissi-
ble 5219
Relationship, how proved 5177
Relevant, evidence must be 5158
Res gestae, when admissible 5179
Resolutions and laws of the Gen-
eral Assembly * 5210
Returns of guardians, administra-
tors, etc 2540, 3416
Rules of, same in all the courts. . 5147
Framed to discover truth 5142
Sayings and entries of decedents, 5181
Second record, evidence, when.. 5230
Secondary evidence admitted,
when 5172
Showing to be made to court. 5172
Defined 5164
Degrees in 5173
Secondary evidence of lost papers,
when admitted 5257, 5673
Secrets of State, excluded 5198 (4)
Silence, effect of 5054, 5195
Stafford's office calendar 6641
Stern's calendar 5169
Subpoena duces tecum 5255-5267
Subscribing witnesses must be
produced, exceptions 5244
Other proof allowed in what
cases 5245
Sufficient evidence defined 5143
Surrounding circumstances, ad-
missibility to aid in construc-
tion 5205
Surveys are evidence, when 484
Testimony of witnesses in former
trial, admissibility of 5186
Transcripts from justices' court.. 5214
Certified transcript used as evi-
dence 5215
517
INDEX.
Ev-Ex
CIVIL LAW.
Evidence — Continued.
Transcript of books, when used. .
5258, 5259
Treason, 'testimony necessary to
convict 5724
Trustee estopped to claim title
adverse to estate 5153
Usage, evidence of, when admissi-
ble 5206
Variance between evidence and
pleading 4995
Verdict against evidence as
ground for new trial 5482
Void instruments, parol evidence
admissible to show 5203
Vulgar, public may be excluded.. 5296
Western & Atlantic Railroad,
books of 1033
Wills and records, copies, when
admitted 5167
Witnesses (see title Witnesses) . .
5260-5295
Number necessary 5156
Their attendance and fees, 5260-5266
Written evidence, higher proof
than oral 5166
Written instruments, parol ad-
missible to vary, when (see
Parol, above) 5201-5209
Examination of Witnesses (see Wit-
nesses).
Excavations.
Adjoining owners, excavations by
3047, 3048
Exceptions.
Auditor's report, exceptions to..
4589-4593
Exceptions pendente lite .... 5541, 6206
Tendered and certified in what
manner 5531
Court adjourned when ten-
dered 6206
Excessive Apportionment.
Complaint against commissioners, 545
Excessive Bail.
Prohibition against 5706, 6021
Exchange.
Barter 3561
Bills of exchange (see that title)
3676-3690
Contracts of exchange, law of . . . . 3561
Premium allowed banks on 1955
Exclusive Franchises.
Grant of, forbidden, when
4658, 5730, 5731, 5798
Presumption of, not allowed
3064, 3221, 3675 (7)
Executed Trusts (see Trusts).
- Law relating to 3152, 3156, 3157
Execution of Powers (see Equity
Powers) 4017-4023
Execution Docket.
Clerks of superior court, duty to
keep 4366
Duty of clerk to keep.2779, 4330, 4380
Docket of executions 4366, 4380
Entries to prevent dormancy.... 3761
General execution docket 2779
Liens and ft. fa. to be entered on. . 2779
Sheriff's duty to keep 4380
Tax fi. fa. entered on 888
Clerk's fees for entering 2782
Nonresidents, judgments against, 2782
Executions 5413-5429
Administrator, levy of executions
against 3399
Advertisements of judicial sales
(see Sales, Public) 5457
Alias executions may issue, when
and how 4752, 4755, 5115
From justices' courts 4755
Alias tax ft. fa 892, 893
Amendments of executions...... 5114
Mistakes in executions amend-
able 5115
Appeal suspends 5415
Application of money to younger
lien, satisfaction, when .... 5444
Arms and accoutrements, etc.,
exempt 1234
Attachments, judgments and exe-
cutions 4575-4580
Attorneys for cost, executions
against 5396
Backing of executions ^160
City property not subject to levy
and sale 750
City tax fi. fa., sale under 732-738
Comptroller-general, issued by. .
874, 876, 880
Constable, levy on land by 5429
Return of levy to sheriff 5429
Contract never to enforce 5445
Control of, by indorsers 2990
By sureties 2985-2989
By security on stay of 5441
Copy from record, when evidence, 3625
Cost, execution for, how issued,
etc 5394
Indorsement of, on executions. . 5394
County court, when and how is-
sued 4205, 6190
Form and direction 4205, 6190
Court-martial, dignity of 1190
Damages for delay 4739
Date of record of 3763
Death of defendant before execu-
tion issues 5034
Death after judgment not stop
issue 5034
Defaulting road hands, executions
against 547
Directed in what manner 5413
How directed when sheriff is a
party 5414
Ex
INDEX.
518
CIVIL LAW.
Executions — Continued.
Discharge of executions.... 5442-5445
Docket of, kept by sheriff (see
Execution Docket) . . 4300, 4380 (4)
Ejectments, judgments in -5418
Entries on, record of 3761
Exceptions pendente lite 5526
Follow the judgment 5417
Foreclosure of mortgage on per-
sonalty 2753-2759
Illegality to 2765
Form of levy of 542 L
Framed by judge, when 5420
General execution docket (see
Execution Docket) 2779
Governor, issued by 195, 9^5
Growing crops, sale of 5425
Illegality of executions' (see Ille-
gality) 4736-4742
Sale of property pending 4740
Who may file 4741
Illegality to mortgage fi. fa 2765
Illegality to tax ft. fa 903
Insolvent tax ft. fa., levy of 897
Issue and return of 5034, 5413-5420
Issued at any time after verdict, 5415
Not stopped by death after
judgment 5034
Justices' courts levy and sale un-
der (see Justices' Courts) . .
4165-4169
Alias executions from justices'
courts 4755
Backed, when 4160
Establishment of lost papers
in 4753
Papers belonging to suits may
be establishhed 4754
Other papers, how estab-
lished 4754
Who may be party 4756
Joint debtors may control ft. fa.,
when 5376
Judgment affirmed, execution to
issue at once 5598
Land, execution under which
sold, may be recorded 3625
Notice of levy on, how given. . 5426
Officer cannot sell out of
county 5428
Levied, how 5413
How executed when sheriff is a
party 5414
Levied on what property first. . 5423
Levy of and proceedings on, 5421-5429
A satisfaction, when 5442
Form of 5421
Life estate, sale of, under 3097
Lost, alias may issue 4752
Mistakes in, correction of 5115
Negotiable, how 3682
Notice of levy on land, how given, 5426
Partners, how issued against.... 2638
Point out property, right of de-
fendant to 5423
Possession, purchaser's right to. . 914
Record of, where property pur-
chased under 3625
Of entries on 3762
Release of property subject 5443
By contract never to enforce. . 5445
Re-recorded, when 5229
Return of execution 5416
Road commissioners, executions
against 595
Road defaulters, executions
against 547
Road hands, execution against. . 547
Sales under executions (see Sales,
Public) 5455-5472
Sales under tax ft. fa., rules gov-
erning 904-917
Satisfaction of executions.. 5442-5445
Allowing fund to be applied
to younger lien 5444
Contract not to enforce judg-
ment 5445
Levy for personalty unex-
plained o442
Release of property subject. . . . 5443
Securities in State Treasurer's
bond 195
Sheriff a party, how directed and
executed 5414
Duty of sheriff as to 4380
Executions for or against 5414
Stay of executions 5439-5441
Executions, how stayed 5439
Bond to be given 5440
Security to have control, when, 5441
Stay of, in justice court 4160
Subpoena is, when 5261
Surety on stay of, controls, when, 5441
Suspended by appeal 5415
Tax collectors defaulting, execu-
tion against 206 (6), 924-926
Executions by 894
Execution docket of tax collec-
tor 962
Tax executions (see that title) . .
874, 888, 894
Bear interest 731
How issued 874, 880, 884
Tax fi. fa. and sales 883-917
Interest on 887
Lien not divested by sale 884
Transfer of 888, .889
When and by whom issued 894
Time of issuing ft. fa 5415
Transfer of executions 3682
Transfer by attorney 5375
Trustees and trust estates, execu-
tions against 3207
Waiving lien on fund, effect of. . 5444
Writs of possession issued against
whom 5419
519
INDEX.
Ex
CIVIL LAW.
Executions — Continued.
In ejectment 5418
Issued against whom 5419
Executive Department (see Consti-
tution of Georgia; Governor)
5004-5830
Records to be kept in 141
Salaries of officers of 282
Seal of, and devices 142
Separate from other departments, 5720
State of Georgia (see Governor).
"United States, executive depart-
ment of 5984, 5995
Executive Mansion.
Owned by State 1014
Executive Messenger.
Appointment and removal... 134, 144
Duties of 145
Salary of 282
Special messenger 146
Executive Minutes.
Governor's duty to have kept. . . . 141
Executive Office.
Books of, specified 141
Where kept 143
Executive Seal.
Description and devices 142
Executors (see Administrators;
Distribution of Estates ;
Wills).
Administrator cum testamento
annexo 3309
Admissions of, as tending to im-
peach will 3296
Answers and pleas of, must be
sworn to 5660
Appeal without cost or bond,
when 4464
Appointment of, how made 3308
Citizens of Georgia only, eligi-
ble 3308
Form of words not necessary. . . . 3308
Infant appointed executor,
when 3308
Arbitration, may submit to, 3428, 4475
Assent of, to legacy 3105
To life estate, effect of 3105
Attachments a£ainst 4523
Attorney in fact, executor may
sell and convey by 3000
Bar of suits against 3772
Bequest to executors 3314
Bond of executor 3315
Execution returned nulla bona
proceeding against sureties.. 3501
Property of principal to be ex-
hausted first 3404
Suit on bond of, when allowed
3501, 3502
Sureties may be sued in first in-
stance, when 3503
Service perfected, how 3505
Claims at executor's sale. . . . 4630-4633
Compensatory bequests to execu-
tors 3314
Compromises by 3428-3430
De son tort 3310
Marriage of executrix de son
tort 3312
Not allowed set-off 3310
Who are 3310
Direction, bill for 4000
Duties, powers, and liabilities.... 3316
Equity will interfere with, when. . 3999
Failure to propound will is renun-
ciation 3294
Foreign executors 3318
Probation required, before for-
eign executors can act 3306
Garnisheed, when 4735
Garnishment, legatee's interest,
when subject to 4734, 4735
Illegality, executors may file.... 4741
Infant executors, qualification
postponed 3308
Instrument signed by one as,
binds him 2998
Interest, chargeable against,
when 3497 (1-6)
Compounded, how and when.. 3498
Interest and rights of executor. . 3313
Inventories and returns, excused
from, when 3278
Investment of funds by 3432, 3435
Duty as to returns in such cases 3435
Investment in State securities 3181
Judgment against, form and ef-
fect of 3508, 5344
Letters, ordinaries, jurisdiction as
to 4232 (2-4)
Liabilities of 3316
Bonds, liability of executor on, 3315
Of executor de son tort 3310
Where more than one 3317
Limitation of actions against.... 3772
Marriage of executrix 3368, 3369
Of executrix de son tort 3312
Married women may act 3368
Marshal assets, bill to 4001
Minors, authority to expend for. . 3431
Mortgagee, executor of, right to
foreclose 2768
Ne unques executor, plea of 3506
Nonresidents, may be when, 3292, 3293
Minor may be, when 4228
Oath of executors 3311
Ordinaries may be, when 4228
Ordinary, executor elected as,
letters abate 4229
Persons who may be executors . .
3292, 3293, 3308
Plead as testator could 3507
Pleas peculiar to 3506, 3507
Defense which testator could
plead 3507
Plene administravit praeter 3506
Ex
INDEX.
520
CIVIL LAW.
Executors — Continued.
Power of, before probate 3307
Powers, duties and liabilities.... 3316
Principal failing to settle with
legatee 3502
Principal's property exhausted
first 3504
Promise to answer out of own
estate 2693 (1)
Removal of suits 3517
Bond, executor not required to
give 3519
Preceding provisions apply
when 3518
Sureties, how liable 3520
Removed executor, suits against,
not abate 5036
Renunciation of, final 3295
Representative character may be
stricken by amendments.... 5106
Residuum of estate, how held by, 3313
Returns of, ordinary's jurisdiction
as to 4232 (7)
Reversionary interest set apart
as dower 3513
Sale of 3514
Sales by 3452
Of stock in railroad or bank. .
3451, 3452
Postponed when claim filed. . . . 4633
Terms must be stated 2461
Service of, where one moves out
of the State 3505
Set-off of debt against testator.. 3751
Settlements with, basis of. . 3497, 3498
Several executors named in will. .
3317, 6181
Each executor, how far liable..
3317, 6181
Joinder of all when necessary. . 6181
Staying and backing in justices'
courts 4160
Successor of executor, etc., may
be made party 5018
Suits against 3501-3505
Sureties of, when suable 3503
Surviving partner, rights of
against executor 2647
Will to be proounded within
twelve months 3294
Executory.
Executory devise, definition of. . 3339
Executory trust 3157
Sale, breach of warranty good
ground to refuse to accept. . 3556
Exemplary Damages (see Dam-
ages).
Allowed in torts 3907
Breach of contract, not allowed
for 3797
Exempt ifications.
Acts of congress 5237, 5238
Admissible in what cases 5174
Comptroller-general, exemplifica-
tions by 213, 214
Corporation books 5236
Established records , 5223
Foreign administrator's duty to
file 3522, 3524
Justices' courts, exemplifications
from , 5214
Letters of administration, etc.,
copies, when admissible 5213
Evidence, when 5211, 5212
Lost records and deeds.... 5223, 5229
Municipal records, exemplifica-
tions from 5216
Public officers, exemplifications
by 226
Secretary of State, exemplifica-
tions by 179
Wills, exemplifications of. 5167
Exemption.
Administrator's exemption from
suits 3439
Arms, accoutrements, etc 1234
Arrest on parade day 1233
Debtors, exemption in favor of. .
2827-2862
Garnishment, exeniDtions from..
4730-4735
Levy and sale, exemption from. . 2286
Road and jury duty 1200
Exemption from Taxation.
Crops, exemption of 762, 1609, 5886
Unlawful exemption punished, 764, 765
Exemption of Confederate Sol-
diers.
Peddling without license 1642-1646
Pensions exempt 768
Poll tax, exempt from. 776
Exemptions.
Homestead and exemption (see
that title) 2828-2875
Exemption from Road Duty.
Persons who have 526, 1200
Exhibitions and Shows.
County charges for 421
Defense of persons taxed 1527
License of 702, 1526
Without license, how dealt with. .
424, 1527
Exhibits.
Attached as, copies when to be. .
4963, 5642, 5694
Policy and insurance, how attach. .4963
Expatriation.
' Law as to 1805, 1806
Expenses of Litigation.
Damages, expenses, when part of,
(see Damages) 2140, 3796
Experts.
Opinions, experts may give (see
Witnesses) 5287
521
INDEX.
Ex-Fa
CIVIL LAW.
Explosives (see Gunpowder).
Freight, carried as, to be marked
as such 2291, 2292
Ex Post Facto Law.
Constitutional law against passing 5730
Experiment Station.
Directors, duty of 1302
Express Companies 2000-2006
Change of name or place of busi-
ness 1844
Charters, how renewed 1836
Amendment of 1840
Corporate powers, how granted.. 5780
Incorporation of 2000-2003
Form of certificate 2000
Jurisdiction of, as to places 2004
Name of chief officer to be posted. 2006
Organization of 2001
Powers of a general nature 2002
Principal office, where kept 2003
Railroad commission, controlled
by 2217
Regulation of charges 2217
Suits against, how brought 2004
How served 2005
Taxes, return and pay of 805
Arbitration of differences 808
Venue 2004
Express Trusts.
Definition of and how created (see
Trusts) 3152, 3153
Extenuation.
Plea of, in cases of tort 3892
Extra Tax.
Levied by ordinaries for what
purpose 395
Levy of, how and when reviewed. 396
Extraordinary Equitable Relief (see
Equity).
Law regulating 4867-4928, 4967
Sanction of 4967, 4973
Verification 4964-4967
Extraordinary Remedies (see Eq-
uity) .
Action at law in aid of 4836-4840
Fast bills of exceptions 5540
Extraterritorial Decrees.
Binding force of 4854
Factories.
Corporal punishment forbidden. . 2620
Deceased employees, wages of,
payable to widows 6657
Fire escapes, duty to provide. . . . 2622
Hours of labor in 2615-2620
Liens on, how enforced 2815
Liens on, in favor of contractors. 2801
Liens, how created and declared 2804
Rank of such liens 2804
Seats in, to be furnished em-
ployees 2621
Factors.
Contracting on his own credit. 3037 (1)
Discretion, authority to exercise. 2929
Diligence, duty and rule as to . . .
2915, 2929
Liens 2787 (11), 2812, 2929
How satisfied 2817
Rank of 2812
Sue in their own name, when .... 3037
Tax on produce, factors not to
charge 1608, 1609
Failure of Consideration (see Con-
sideration).
Apportionment of 3541, 3542
Partial, effect of 3665
Plea of 3665, 3707, 5091
Parties who may plead 5091
Purchaser losing land, rights of. . 3941
Total failure, effect of 3665
Failure of Title (see Title).
Rescission of sale for 3544, 4041
Failure to Produce Evidence (see
Evidence).
Effect of 5054, 5157, 5163
Evasive answer 5054
Faith and Credit.
Acts of Congress, full faith and
credit to be given to . . . 5237, 5238
Records of other States . . 5238, 6002
False Imprisonment 3851-3853
Definition of 3851
Joint act of several 3853
Warrant, arrest under 3852
Defect in form, not void war-
rant 3852
Falsifying Accounts.
Surcharge and falsify 3994
Family.
Choses in action set apart to, how
sued on 5022
Domicile is place where family
reside 1824
Head of, husband is 2473
Entitled to homestead 2827
Support, cost for assigning, how
paid 3471
Support of, provided by will 3469
Support to two sets of children. 3470
Widow's election in such cases. 3469
Year's support for family of de-
cedents 3465
How set apart 3465
Support, when continued 3466
Schedule of property assigned. . 3467
Year's support, objections to
schedule and appeal 3467
Support of, pending such appeal 3467
Title to property set apart,
vests how 3468
Farm Crossings.
Construction of 2243-2246
Injury to stock at 2247-2262
Fa-Fe
INDEX.
522
CIVIL LAW.
Farmer's Institutes.
Located how 1302, 1303
Farm Products.
Sale of regulated 3546
Taxation of forbidden 1608, 1609
Fast Writs of Error.
Docketed how 5558
Heard in what manner 5618
Obtained how 5540
Supersedeas on injunction 4925
Fear (see Duress; Threats; Volun-
tary Payments).
Fee Simple.
Absolute estate, what words
create 3083, 3085
Commence in future, estate may. . 3082
Definition of 3081
Gifts or grants which convey. . . . 3085
Heirs necessary to create abso-
lute estate 3083
Limitation of lesser estate .... 3083
Lesser estate not enlarged by
construction 3083
Fees.
Attorneys at law 4415
Champertous contracts 3668
In claim cases 2824
Lien for fees 2814, 4415
Notes, obligations in, to pay . . . 3667
Auditor's fees 4602, 4603
Chemists and inspectors .... 1557-1561
Guardian's 2552, 2553
Commission forfeited, when . . . 2544
Inspectors and chemists .... 1557-1561
Inspectors of oil 1583
Additional inspectors 1584
Kerosene inspectors 1588
Inspectors of timber or lumber. . 1593
Insurance commissioner, fees of. 2059
Fees from assessment com-
panies 2065
Insurance companies, for charter. 2011
Liquor inspectors 1533
Pilots, fees of 1655
Carrying vessel to another port. 1669
Fees for taking from vessel... 1668
Secretary of commissioners. . . .
1673, 1679
Processioners, fees of, by whom
paid 3250
Receiving, and boomage of lumber 1595
Witnesses 5260, 5266
Fees of Officers.
Advertising, fees for 5461
Bill of 5397-5401
Clerk of House of Representa-
tives 286
Clerk of superior court 5397-5400
Award, fee for entering 3506
Entering lien on execution
docket 2782-2785
List of disqualified voters 63
Recording deeds, payable in ad-
vance 4362
Costs of officers 5397-5401
Compensation when no fees fixed . 5402
Comptroller general, fees and per-
quisites denied to 5829
Shall pay into treasury 205
Constables .*. 5404
County court, fees in 4217
County school commissioner .... 1376
County surveyors 482, 483, 490
County treasurer 470-472
Deposition, fees for taking . .5303, 5S21
Extra pay to officers, how allowed 5402
Forfeiture for excessive charge. . 5410
Health officer, fees of, how paid. . 1471
Interrogatories and depositions . . .
5303, 5321
Justices of the peace 5403
Liquor inspectors 1533
Notaries public 506
Ordinaries 4269
In cases against ferry owners. . 631
In cases of obstructing ways. . . 681
List of disqualified voters 63
Pensions 1258-1264
Pensions, ordinary's fees .... 1258-1264
Pilotage, secretary of 1673, 1679
Presidential electors 95
Private ways 681
Receivers, fees of counsel and re-
ceivers 6232
How allowed 6233
Registrars of elections 63
Revenue of State from 979-981
Secretary of Senate 286
Secretary of State, fees and per-
quisites denied to 5829
Shall pay into treasury 180
Sheriffs 4385, 5401
Solicitors-general 287, 905
State, fees when charged to 5408
State Board of Pharmacy 1497-1503
State school commissioner 1351
Clerk of 1351
State treasurer, fees and perqui-
sites denied to 5829
Fees to be paid to, for State. . . . 981
Statement of, to be given, when. . 5409
Stenographers' 4448
Superintendents of elections ... 72 (8)
Supreme court clerk and sheriff. . 5497
Table of fees to be kept in office. 5411
Tax collectors 967, 968
For registering voters 63
Tax ft. fas., cost of collection .... 901
For issuing tax ft. fas 902
Tax receivers 940, 941, 967, 968
Treasurer shall pay into treasury.
187, 5829
Treble cost paid to officers, when. 5412
Fellow Servants (see Master and
Servant; Railroads).
523
INDEX.
Fe
CIVIL LAW.
Fellow Servants — Continued.
Railroad liable for torts, by,
when 2297, 2323
Receiver's liability 2324
Torts to, master not liable for,
when 2610, 3030
I
Felony.
Competency of felons as wit-
nesses 5269
Compounding illegal 3895
Offense less than felony 3895
Divorce for conviction of, when..
2426 (8)
Number of witnesses 5156^
Written charges required in .... 4318
Filed as soon as delivered 4319
Females.
Assistant physicians of Georgia
State Sanitarium 6512
Examinations, how conducted.. 6512
Civil disabilities and exemptions. 1810
Guardian, female may be, when. .
2518, 2572
Marriage of, pending suit 5034
Of executrix de son tort 3312
Minor, creation of trust for 3149
Rights of, and restrictions on. 1810, 6155
State librarian, female may be. . . 6155
Vote, females not entitled to vote
or to hold office 1810, 6155
Feme Covert (see Married Women).
Fences and Inclosures (see Stock
and Stock Law) 1762-1765
Animals impounded, when 1774
Damages, treble, for trespassing
animals 1766
Definition of a lawful fence 1762
Ditches, inclosures by 1763
Election in militia districts 1778
Costs must be deposited 1779
How ordered 1779
Election on question of 1777-1780
Expenses of publishing notices,
etc., how paid 1780
Gates between fence and no fence
counties 1769
Leaving gates open a crime . . . 1770
To be erected, when 1784
Impounding animals, confinement
of 1773
Impounded when 1774
Impounded animals, how dis-
posed of, and damages, how
assessed 1775
Improperly impounding or
breaking pound, penalty 1776
Impounding illegally, law for,
how enforced 1777
Kill, when owners may 1767
Land lines are fences, when 1772
Law, how put in force 1777
Liabilities of owners of 1766
Of owners of stock 1766
Lines of county and district,
fences, when 1772
Militia districts, fences around.. 1781
Fences so erected, protected.. 1782
Gates to be erected 1784
Part of county excepted 1788
Pasturage furnished, when .... 1785
Stock drivers shall avoid tres-
pass 1783
Streams are fences, when 1787
Voters, rights of 1786
No fence counties, law not apply
to 1765
Poisoned crops, presumption.... 1768
Poisoned stock, presumption .... 1768
Pound law 1775, 1776
Protection of 1782
Stock owners, liability of 1781
Stock to be confined, when 1783
Streams, law applicable in cases
of 1787
Water courses, when so deemed. . 1771
Wire fence, when a lawful fence. 1764
Fences and Stock (see Stock and
Stock Law) 1742-1788
Ferries (see Roads, Bridges and
Ferries) 599-636
Bond, approval and record of 604
Additional bond may be re-
required 605
Bond, failure to take, county
liable 623
Bond of contractor, liability. . .603, 609
Classification of 599, 600
Conditions of contractor's bond.. 603
Contractors cannot be road com-
missioners 609
Contractor's duty to repair 606
Contractors, executions against. . 607
Payment resisted, trial of issue. 608
Contractor's liability and bond..
603, 609
Crossing county lines, how kept
up 610
County refusing to contribute,
remedy 611
How licensed 612
Detention at, unreasonable 624
Different counties, ferries and
bridges between 610, 612
Discontinuance forbidden 621
Division into classes 600
General Assembly shall not estab-
lish 5780
Grant of ferry franchises 635
Grants of land convey no right . . . 634
Landowners may construct 616
Liability as carrier 2264
License to establish 602 (3)
Neglect, proprietors liable for. . . . 622
Officers and militia to pass free. . 1232
Fe-Fi
INDEX.
524
CIVIL LAW.
Ferri es — Continued.
Ordinaries, authority over . . . 602, 4238
Ordinary's jurisdiction as to 601
Power of ordinary over 602, 4238
Place of erection, and contract
for 602 (1)
Private ferries 613-626
Liability of owner 626
Private ferries not established,
when 613
Distance, how computed 614
Public, declared so, when 599
Railroads cannot appropriate,
when 2233
Rates of ferriage 615-619
Repairs, by whom to be made . . . 607
Repairs lacking, and detention,
penalty 625
Right of way; grants, how con-
strued 633-636
Right to establish 3063
Supervision of ordinary 602 (5)
Tax to build or repair 404 (2)
Toll, charging after charter ex-
pires, a misdemeanor 625
Excessive rates not demanded. . 617
Punishment for making ex-
cessive charges 619
Ordinary to fix rate 602 (4)
Posting rates of 615
Rates to be examined annually. 618
Unreasonable detention at, pen-
alty 624
Value of land, how estimated. . . . 636
Watercourses, ferry rights over.. 3063
Ferries, Bridges, Turnpikes, and
Causeways 599-636
Ferries, Roads, Bridges, etc. (see
Roads, Bridges, and Ferries) .
508-682
Fertilizers and Chemicals .... 1551
Analysis guaranteed by seller. . . .
Evidence of analysis
Analysis of sample 1571
Branded on packages
Copy as evidence
Branded with analysis, must be. . .
1551, 1552,
Brands, sale without, unlawful...
Exceptions as to cotton seed
meal, German kainit and mu-
riate of potash
Commissioner of agriculture, duty
of 1556, 1566,
Name of brand to be filed with.
Chemist may be agreed on
How appointed 1557,
Oath of
Salary of
Chemists and inspectors .... 1557
Appointment of .... 1557, 1565,
Assistants for State chemist. . .
Fees for analyzing
1578
1552
1553
•1578
1552
1553
1555
6774
6574
1567
1551
1577
1559
1557
1557
1561
1570
1559
1561
Inspector's fees 1561, 1563, 1565
Salaries of assistants and how
paid 1559, 1560
Term of office 1558
City's right to appoint inspectors. 1600
Contracts for sale void, when .... 1570
Cottonseed meal, inspection and
analysis of 1554
Analysis and number of pounds
to be branded 1552, 1555
Evidence of analysis 1553
Grades, division into 6575
Guaranteed analysis branded on
packages 1552
Copy as evidence 1553
Inspectors 1565-1569
Appointment, term, salary, etc.
1557, 1565, 1570
Duty of 1566-1569
Inspected at what place 1565
Money received from 1568
Oath, bond and duty 1565
Rules prescribed by Commis-
sioner of Agriculture
1556, 1566, 1567
Salaries of 1557
Special inspectors 1569
Tags, etc., duty as to. 1563, 1565, 1566
Mode of analyzing 1571-1578
Money received from inspectors,
how disposed of 1568, 6573
Oath of chemist 1557
Oath of inspectors 1551, 1565
Penalty for violating law as to
branding, grading, etc 6576
Registration, sale without prohib-
ited 1564
Salaries of chemist, and inspector,
how paid 1560, 1561
Sale of, illegal, when 1562
Regulations governing 1570-1578
Sample, analysis, chemist may be
agreed on 1577
Analysis, sample forwarded for. 1574
Analysis, duty of State Chemist
to make 1575
Analysis in evidence 1576
Buyer may require 1571
Delivered to ordinary 1572
Ordinary to retain 1573
Refusal to take, effect of 1578
Tags 1563, 1565, 1566
Sale without registration pro-
hibited .1564
Tags, how obtained 1563
Warranty on sale of 1552, 3555
Fictitious.
Ejectment, fictitious form in, suffi-
cient 4972, 5007
Name in, firm's 2636
Fidelity Insurance (see Insurance,
Fidelity).
525
INDEX.
Fi-Fo
CIVIL LAW.
Fiduciaries.
Accounts and vouchers, duty to
keep 3007
Liens against estate of
2790, 3189, 3424 (5)
Fieri Facias (see Executions).
Figures.
Use of, in pleadings 4942
Filing.
Commencement of suit, filing is. . 4973
Docket, kept by clerk 4360, 4361
Lis pendens 3936
Newspapers, file of, sheriff's duty
to keep 4380 (3)
Official bonds 250, 255
Petition, when filed and when re-
turnable 4984
Sanction not required before fil-
ing 4973
Time of filing petition to be in-
dorsed - 4973
Final Judgment (see Supreme
Court).
Finder (see Bailment).
Lost property, finder of as bailee.
2922, 2927
Fines (see Penal Code).
Commissioner of pilotage, fines
imposed by, how applied .... 1682
Contempt cases 4046
Excessive, shall not be 5706, 6021
Quarantine and health regulations 1469
Fines and Forfeitures (see Penal
Code).
Clerk's duty to keep separate
book of fines 5648
Commissioners' of pilotage; how
disposed of 1682
Fire.
Cities' right to burn buildings... 3056
Railroads causing, see p. 188.
Rent not abated by destruction of
house 3135
Fire Escapes (see Escapes).
Duty of master to provide 2622
Regulations as to stairways,
doors, etc 2622
Fire Insurance (see Insurance, Fire).
Law regulating 2089-2113, 2139
Fireproof Safes.
Courthouses, how procured for. . . 352
Fire Wood.
Measurement, deficiency, etc.. 1600 (9)
First Term (see Appearance Term).
Default at 5070, 5077
Defense filed a.t 5045, 5047, 5052
Equitable proceedings 4848
Trial at first term, when
4134, 5019, 5052, 5077
Fiscal Year.
Begins and ends when 202, 233
Fish.
Inspector, city's right to appoint,
Property in ,
Fish and Fishing 1795
Appropriation
Artificial propagation
Closed time
Compensation
Fish wardens
Propagation confided to commis-
sioner of agriculture
Shad, closed time for
Taking shad regulated
Fixtures.
Definition of
Machinery, when a fixture
Detached, become personalty ....
Removal of
Tenant's right to 3119,
Flag of State.
Battalion colors
Description of 1149, 1209,
Flint River.
Land on, owned by State
Flour.
Barrels, how made, size, etc
Corn meal, corn, and other grain,
duty to inspect
Fraudulently packing flour
Inspected and marked, how
Inspectors, appointment, vacan-
cies
Cannot purchase
Oath and duties of 1629,
Inspection, selling without
Merchantable, and of due fineness
Number of pounds, flour or* corn
meal, stamped on each sack. .
1622,
Oath of inspector 1629, 1630
Flour, Corn, Meal, and Grain (see
Flour).
Regulations as to 1621-1630
Fluids (Burning).
Inspection and sale of 1588
Following.
Meaning of term 5
Food.
Sale of unwholesome food, action-
able 3864
Forcible Entry and Detainer (see
Intruders).
Bond given by nonresidents 4831
Certiorari, time given for 4829
Indictment, proceedings no bar to 4832
Jury, justices to try the fact by. . . 4823
How juries obtained 4824
Jurors failing to attend, tales
jurors summoned 4825
Jury, fee 6332a
1600
3073
-1801
1797
1796
1798
1801
1800
1795
1798
1799
3049
3049
3050
3120
3120
1202
1227
1018
1624
1630
1626
1625
1621
1627
1630
1628
1623
1624
Fo
INDEX.
526
CIVIL LAW.
Forcible Entry and Detainer — Cont'd.
Justices to try the fact by jury,
etc 4823
Nonresidents, service on 4830
Bond to be given in certain
cases 4831
Oath of jury 4827
Possession and force only to be
submitted 4826
Restitution to be made 4828
Service on nonresidents 4830
Tales jurors 4825
Foreclosure.
Building and loan associations . . 2392
Foreclosure of Deeds to Secure
Debts (see Security Deeds).
Method of 5432-5434
Foreclosure of Liens.
Affidavit amendable 5122
County judge, foreclosure by 4208
Procedure for 2816
Real estate, method of enforce-
ment 2815
Special liens of transferees, how
foreclosed 2799
Foreclosure of Mortgages (see
Mortgages).
Before due, foreclosure when....
2754, 2756
Defenses by mortgagor 2762
Equity, foreclosure in 2770
Fees of justice and constables. . . . 2764
Justice of peace, foreclosure be-
fore 2760
Land, foreclosure on 2743, 2752
Personalty, foreclosure on, de-
fenses 2765-2769
Foreclosure by judge 4208
Purchaser pending foreclosure,
bound 2736
Sale without, when 2759
Third person may contest, how. . . 2769
Foreign Administrators (see Admin-
istrators).
Check for deposits, right to 3525
Exemplification, to file 3522
Foreigner, when appointed admin-
istrator here 3366
Rights of others protected against 3523
Sales by, in this State 3524
Sue in this State, right to 3521
Transfer of bank stock by 3525
Foreign Assignments.
Validity in this State 2706
Foreign Bills of Exchange (see Bills
of Exchange).
Definition of 3676
Damages allowed on 3689, 3690
Foreign Contracts.
Execution and form 8
Foreign Corporations.
Attachment lies against 4527
Charter, how far binding 1850
Deposits, by insurance companies. 2035
Ownership of land by 1849
Penalty for illegal exercise of
powers 1848
Powers that may be exercised
by 9, 1847, 1848, 1850
Recognized by comity 9, 1846
Replevin in attachment cases .... 4568
Tax on agents of 881
Foreign Executors (see Executor
and Ward).
Foreign Guardians (see Guardian
and Ward).
Discretion of ordinary as to trans-
fer by 2589, 2590
Effected in what manner 2588
Letters, filing of copies of 2595
Order of transfer to 2589
How enforced 2592
Receipts of, as vouchers 2591
Removal of guardian and ward,
how effected 2593
Resident parties protected 2596
Sell or sue, right to 2594, 2597
Transfer of property located in
this State 2588
Transfer stock and check on de-
posits, right to 3525
Foreign Insurance Companies (see
Insurance Companies, For-
eign).
Foreign Judgments (see Judgments).
Authentication of, as evidence... 5232
Bar after five years 3760
Suits on 3760
Foreign Laws.
Authentication of as evidence. . . . 5232
Force and effect of 9, 1850
Foreign Marriages.
Recognition in this State 2424
Foreign States.
Judicial proceedings of, how
proved 5237
Laws of, force and effect 9
Public books and records of, how
proved 5238
Foreign Trustees (see Trustees).
Rights and duties of 2954-2957, 3174
Foreign Wills (see Wills).
Law applicable to 3297-3306
No executor under 3305, 3306
Rights of in this State. 3292, 3293, 3318
Transfer stock and check for de-
posits, right to 3525
Foreigners (see Nonresidents).
Administrator, when appointed
here 3366
License to peddle in certain cases. 1650
527
INDEX.
Fo-Fr
CIVIL LAW.
Foreigners — Continued.
Service of process on 4975-4980
Sue how and where 4954
Tax payable here, on what 767, 769, 776
Forfeiture (see Attainder; Bonds;
Acts which will work 3582
Escheats; Penalties).
Administrators, forfeit commis-
sions, when 3491
Charters 875, 1883
Construction leans against 3137
Conviction shall not work ..3581, 5725
Disposition of 1530
Easements 3068
Equity construction to relieve
against 3971
Forfeiture for crime abolished. . .
3581, 5725
Habeas corpus, forfeiture for re-
fusing 4331
General Assembly cannot relieve. 5781
License law, forfeiture for violat-
ing 423, 425
How disposed of 1530
Life tenant selling entire estate. . 3095
Removal of personalty 3096
Tenant for years, forfeiture by. . . 3111
Forgery.
Deeds, affidavits of, to be with-
drawn, when 3629
Attacked, how 3628-3630
Defense to suit, forgery as
3694, 3701-37-05, 5066, 5092
Form of Grant 3211
Forma Pauperis.
Appeal cases, affidavit in 4618
Claim cases, affidavit in 4618
Supreme court, affidavit in
5552 (3), 5553, 5613
Formal Defects.
Election not void by reason of 112
Formality.
Dismissal for want of, forbidden. . 4971
Forma Pauperis (see Affidavits).
Former Acquittal or Conviction.
Twice in jeopary forbidden. .5705, 6018
Former Recovery.
Conclusiveness of
3742, 5233, 5348, 5372, 5095
Conclusiveness on demurrer
3744, 5095
Defense to tort 3903
Effect and binding force of 3741
Ends litigation and binds parties. 3741
Former judgments, not a bar,
when 5095
Judgment concludes what 3742
Nonsuit, judgment of, not a bar. .
3786, 5043, 5347
Parol evidence admissible on
questions of 3743
Plea of 5094, 5095
Former Suit.
Another State, suit in, no bar. . . . 3738
Concurrent remedies 3945
Lis pendens 3936
Pendency of, as a defense ..3737, 5094
Exception as to attachments . . . 3739
Former Trial.
Testimony of witnesses in 5186
Forms.
Affidavits to answers in equity. . 5692
Attachments 4529
Certiorari, affidavit to petition. . 4638
Deeds 3602
Executor, words appointing . . . . 3308
Evidence under statutory forms. . 4934
Judgments by court 5670
Mortgages 4934
Pleadings, special forms not re-
quired 4960, 4995
And so in equity cases 4971
Realty, complaint for. .4972, 5002, 5007
Statutory forms preserved 4972
Substantial compliance as to... 4, 4971
Verdict, in statutory forms 4934
In divorce cases 2438, 2439
Will, requirements as to 3254
Forthcoming Bonds (see Replevy).
All bonds taken by officers, valid. 5436
Claim cases. 4571, 4614, 4615, 4619, 5437
Effect of 5437
Given in what cases 5435
Amount aud condition of bond. 5435
Illegality cases 4736, 5435
Liability of officer to rule, where
formal bond taken 5437
Measure of damages on 5438
Right of plaintiffs, not affected
when 5437
Franchises.
Exclusive, under State grant,
when 3064
Not so, unless so expressed ....
3221 3675 (7)
Eminent domain, franchises sub-
ject to 4658, 5798
Grant of one, not confer another. . 635
Irrevocable grants forbidden. 5730, 5731
Organization of purchasers 6453
Private corporations, franchises
of, salable property 6451
Incorporation of purchasers... 6452
Purchasers, incorporation of 6452
Surrender of 1884
Fraternal Beneficiary Orders.
Agents of associations in default. 6423
Assessments for paying benefits,
etc 6413
Association of other States 6417
Reports of such associations . . 6418
Service on such associations . . 6419
Constitution, by-laws, etc., author-
ity to make 6411
Death or sick benefits 6412
Fr
INDEX.
528
CIVIL LAW.
Fraternal Beneficiary Orders — Cont'd.
Default, penalty for agents of as-
sociations in 6423
Definition of, powers, etc 6411
Exemptions of certain orders.... 6424
Existing associations, reports of. . 6416
Law of such associations 6415
License fees 6421
Payment of death benefits 6414
Record of suits against 6420
Reports of existing associations.. 6416
Penalty for failure to make 6422
Fraud (see Equity).
Actionable where accompanied
with damage 3813
Action for 3814
Actual and constructive fraud . . . 4025
Admissions obtained by 5194
Agent's, principal, when bound..
3026, 3029
Annuls deeds, judgments, etc.... 4032
Assignee, fraud or notice in, not
necessary to show 2712
Attachments, judgment set aside
for 4565
Award, fraud as affecting
4032, 4484, 4504
Bar as effected by 3785
Bona fide holder not protected
against fraud, when 3694
Carrier, fraud on 2290
Committed in what manner
3533, 3823, 4028, 4029
Common carrier, fraud on 2290
Concealed property of debtor,
power to reach 5728
Concealing property 2687, 5728
Concealment not enough, when. . .
3534, 3814, 4027
Confidential relations 4030
Such relations prevent acquisi-
tion of adverse rights 4031
Consummated in what manner. . . 4028
Contracts void for 3669
Damage, fraud concurring gives
action 3813
Deceit, action for (see title De-
ceit) 3814
Deeds, annulled by 4032
Definition of 3533, 4025
Equity jurisdiction over (see Equi-
ty 4024-4028
Estoppel by 3823, 5150
Evidence, sufficient to establish.. 4029
Homestead schedule, fraudulent
omission from 2830
Inadequacy of price as evidence
of 3549, 3659, 4033, 4040
Insurance, in application for. 2098-2101
Judgment void for
2689, 4032, 4565, 5368, 5369
5371, 5373
Judicial sale binds officer 5449
Letters of credit, fraud in 3815
Levies, fraudulent 5422
Marriage dissolved for
2226 (4), 2414, 2416, 2423
Contracts to trammel or to
force 2415
Misrepresentation constitutes
legal fraud, when 3533, 4026
Negotiable notes, fraud in procur-
ing 3694
Partner guilty of, liability 2680
Partners, fraud between 2642
Responsible for each other's
fraud 2657
Powers, fraud in execution of . . . . 4019
Prescription, how affected by.3584, 3595
Proof of 4029
Punishment of 5728
Rescission of contract for 3711
Prompt restoration required... 3711
Sale avoided by 3532
Silence as constituting 3823, 4028
Slight evidence sometimes suffi-
cient 4029
Statute of frauds (see that title) .
2693, 2694
Statute of limitations, how af-
fected by 3785
Suppression of the truth 3534, 4027
Surprise in equity, what is 4034
Trade-marks, etc.. fraudulent .... 4035
Trust implied from, when . . 3159, 4031
Trustees, fraud in sales by. .3200, 3179
Wills, vitiated by fraud 3260, 3261
Jurisdiction of fraud in wills . . . 4024
Fraud, Statute of (see Statute of
Frauds).
Fraudulent Assignments.
Banks, fraudulent assignment by,
when and how punished 1979
Void as against creditors. . . .1979, 2695
Fraudulent Conveyances.
Innocent sub-vendee protected . . 2696
Void as to creditors 2695, 3529, 3569
Fraudulent Debtors.
Attachments against (see Attach-
ments Against Fraudulent
Debtors) 4543, 4548
Fraudulent Levies.
Punishment for
Fraudulently Obtaining Credit.
Civil action for
5422
4815
Fraudulent Purchase.
Buying without intending to pay. . 3531
Freedom of Conscience.
Constitutional guarantee ...5709, 5710
Freed Persons.
Law regulating 1820, 1823
Freedom of Speech.
Constitutional guarantee 5712
Debate, freedom of speech in, se-
cured 5766
529
INDEX.
Fr-Ga
CIVIL LAW.
Freedom of the Press.
Constitutional guarantee 5712
Freight (see Railroads).
Full Value of Life.
Action for homicide 3829
Funeral Expenses.
Rank of and distribution of es-
tates 3424
Furnishing Liquor to Minors.
Action for, right to bring .
Furniture.
Exemption of
3871
2866
Futures.
Sale of, against public policy.... 3537
Game Birds and Animals (see Penal
Code).
Doves, close season 6647
Deer, protection of 6647 (a)
Insectivorous or singing birds,
protection of 6647
Partridges, protection of 6647
Pheasants, protection of 6647, 6649
Quail, protection of 6647
Selling game or having it, prohib-
ited 6647 (b)
Prior laws superseded 6648
Wild turkeys, protection of 6647
Games of Chance.
License 702
Gaming.
Informer, recovery by . .
Minor son, action for
with
Nol pros., solicitor's fees
Recovery back of money lost at,
gaming
3671
3872
288
3621
3671
3537
2114
3671
4896
3671
3668
Gaming Contracts.
Debts and liens founded on, void,
Futures
Insurance policy 2090,
Recovery back of money lost by. .
Stakeholder 3721,
Void, and property recovered. 3537,
Wagering contracts, void
Garnishment 4705-4735
Affidavit and bond by one part-
ner 4707
By agent or attorney 4706
Contents of 4708
Agent, affidavit by 4706
Another county, garnishments in
4154, 4550, 4713, 4716
How issued and served 4717
Answer, contents of 4719, 4727
Failure to answer, effect of . . . . 4721
In justices' courts cases.. 4153-4155
Judgment thereon 4719
Must include what, 4549, 4711, 4727
Traverse of 4551, 4721
Traverse in justice court 4155
34— G a. Code
Attachment, garnishment in (see
Garnishment in Attachment
Cases) 4544-
Garnishee subject to 4552,
Levied by service of
Attorney at law subject to
Bond, strengthening of
Choses in action, how reached. .
City taxation, garnishment for..
729, 730, 880,
Claimant may dissolve garnish-
ment
Traverse of answer
Issue, how tried
Fund or property to be deliv-
ered to, when
Party to subsequent proceed-
ings, claimant is
Collaterals, not subject to
Corporations, proceedings, juris-
diction
How served 1901,
Cost of answer, garnishee re-
lieved from
County court jurisdiction. . 4196,
Court of ordinary, garnishments
on judgments of
Default, judgment in justice
court
Delivery by garnishee to claim-
ant, when
Different counties, garnishment
in 4713-
Discharge of garnishee on answer,
Dissolution of garnishment
Claimant may dissolve garnish-
ment
Fund or property to be deliv-
ered to claimant '.....
Distribution of money raised by. .
Distributees, when subject to....
Executors may be garnisheed,
when
Exemptions from garnishment. .
4730
Laborers' wages exempt
Garnishee dying, representative
made party
Interest, garnishee, when liable
for
Interrogatories, attachments, and
garnishment cases
Issuance, service, and return
against persons residing out
of the county 4154, 4550,
Issued, how and by whom. . 4709,
Issue from time to time
Served, how
Judgment against defendant and
his securities
In court of ordinary
Garnishment pending suits on. .
Judgment must first be en-
tered against defendant
4555
4729
4534
4731
4517
5353
895
4720
4721
4721
4722
4723
4730
1901
4710
4728
4197
4713
4153
4722
■4717
4721
4718
4720
4722
4724
4734
4735
4735
4732
5025
4725
4566
4715
4717
4709
4717
4719
4713
4705
4726
Ga-Ge
INDEX.
530
CIVIL LAW.
Garnishment — Continued.
Justices' courts, garnishment in. .
4153, 4155
Laborers' wages exempt from. . . . 4732
Legatees, when subject to 4734
Nonresidents, service on.. 4154, 4716
Obtained how 4708
Other counties, persons in
4154, 4550, 4713, 4717
Persons in other districts 4154
Partners, affidavit and bond by
one 4707
Partner's interest, garnishment
of 2661
Pension, exempt from 1268
Plaintiff, when entitled to pro-
cess 4705
Receivers not subject to 4910
Remedies against garinshee 4229
Code, §4552 applies to 4729
Residing out of county, garnish-
ment against persons . . 4715-4717
Salary of officers, when subject.. 4733
Service, corporation agent, serv-
ice upon 4710
Subject to garnishment, property
which is 4712
Successive summons may be is-
sued without additional bond, 4709
Wages, exempt from, when 4732
Tax fi. fa., garnishment on.. 895, 896
Traverse of answer 4553, 4721
Notice of service on nonres-
ident corporation 6224
Notice to garnishee 6223
Notice not necessary, when. . . . 6225
Notice, how served 6226
Traverse in justice court 4155
Garnishment in Attachment Cases.
Answer, failing of garnishee to
make 4551
Answer demanding effects 4552
Traverse of answer 4553
Dissolved in what manner 4554
Failure of garnishee to answer. . 4551
Garnishee residing out of county, 4550
Justice's court, issue in, how tried, 4555
Right of appeal 4555
Obtained in what manner 4549
Traverse of answer of garnish-
ment 4553
Gasoline.
Inspection of, law regulating.... 1588
Gates (see Fences) 1769-1770
Gender.
Masculine includes all others... 4 (3)
General Appropriation Act.
Explanatory note Jr 6037
General Assembly.
Abolish courts, power to 5880
Accounts of members and officers,
how audited 312
Acts and journals of, where kept, 181
Acts passed, how signed. . . . 5776, 5785
Acts of, void when 5733
Adjournment of 5786
Governor may adjourn, when.. 5786
Or one House without consent
of other 5786
Annual sessions of 4712, 5751
Length of session 290
Appointees of, are "officers".... 132
Appointments of members to of-
fice forbidden 5754
Appointment of officers for special
purposes, compensation 301
Apportionment of members 291
Among several counties 5747
Apportionment, how changed.. 5748
Appriopriation bills must origi-
nate in Mouse 313
Book to be furnished annually. . 302
Permanent appropriations in-
cluded in general bill 303
Resolution, appropriation of
money by 313
Assistant clerks, compensation. . 319
Bearing arms, authority to, mode
prescribed for 5719
Bills not approved within five
days, become laws 5819
Read three times on three sepa-
rate days hi 10
Bonds of secretary and clerk. . . . 320
Bridges and ferries not to be es-
tablished by 5780
Called sessions of 5816
Challenge of voters for members
of 72 (4)
Charters subject to constitution. . 5799
What charters to be granted by, 5780
Clerical expenses of each house. . 5787
Clerk of House, election and term
of office 315
Qualification and removal 321
Compensation of members
309-312, 5788
Compensation of President of
Senate and Speaker of House, 309
Composition of 5744
Comptroller-general, suspension
of 5821
Comptroller-general's report to.. 218
Concealing property of debtor,
authority for reaching 5728
Contempts, how punished 5765
Power of courts to be limited. . 5717
Contested election of Governor. . 5809
Contested election of members.. 110
Contested seats of members.... 110
Constitutional provision .... 5749-5763
Contracts lessening competition.. 5800
Corporate powers, how granted.. 5780
Corporation, not to be permitted
to buy stock in authorized.. 5800
531
INDEX.
Ge
CIVIL LAW.
General Assembly — Continued.
County commissioners, authority
to create 5879
Death of member during session,
salary, to whom paid 311
Donations forbidden 5903
Doorkeeper, election and compen-
sation 296
Shall not sub-let office 297
Duty of secretary and clerk at
close of session 306
Each House judges election of its
own members 5764
Election blanks furnished by Gov-
ernor and ordinary 76
Elections by, in joint session, 295, 5789
Of Governor 5808
Of judges and solicitors 5863
Of President of the Senate 294
Of Speaker of the House 294
Of United States Senator.. 325, 327
Election for members of 66-79
Ballots not to be examined. . 72 (11)
Contest of , 110
Consolidation and returns to
Governor 72 (9)
Count, when to begin 72 (6)
Freeholders superintend, when, 71
Illegal votes to be rejected, 72 (11)
Manner of conducting 72
Preservation of order at. . . . 72 (5)
Provisions applicable to all
elections 80
Tally sheet 72 (7)
Sent to county site 72 (8)
Compensation for carrying. . 72 (8)
Time for holding 70
To be by ballot 72 (1)
Number to be marked on it. . 72 (3)
Voters, freedom from arrest. ... 77
When held 70-72, 5750
Election papers, examination of,
by grand jury 75
Election precincts, location, num-
ber and change of 69
Shall not make or change 5780
Elligibility of members 5754
Enactment of laws, constitutional
provision 5764-5786
Engrossed bills, unfinished busi-
ness, etc 306, 308
Engrossed copies of laws, how
preserved 308
Expulsion of members 5764
Extra compensation forbidden... 5904
Finance committee's report 304
Franchise, may condemn to pub-
lic uses 5798
Fraud, authority to punish for 5728
Freights may be regulated by 5797
General appropriation bill, con-
tains what (see Appropriation
Bills) 5772
General laws, how varied in spe-
cial instances 5732
Governor's inauguration 116
House of Representatives (see
that title).
Insurance companies, duty to re-
quire reports from 5795
Legislation as to 5794
Joint finance committee, duty of. . 30*
Joint session for elections 295
Secretary and clerk must aid. . . . 324
Journals of, how distributed.... 166
Each House to keep 5767
Judicially recognized 5210
Must show yeas and nays,
when 5383
Law relating to 289-313, 5744-5789
Containing two subjects-matter, 5771
Laws and resolutions of, judi-
cially recognized 5210
Legislative power vested in. 5744
Legislative, judicial, and execu-
tive, kept separate 5720
Length of session 290, 5751
Prolonged, when 5751
Liquor sold on election day, au-
thority to prohibit 5742
Lobbying, may enact punishment
for 5727
Local bills, and notice thereof. .
314, 5778
Majority of members to pass bill, 5777
Meeting of 5751
Session restricted to fifty days, 5751
Members, apportionment of 291
Elected for two years 5749
Merge law and equity, authority
to 5843
Messenger, election and compen-
sation 296
Mileage of members 309
Money resolutions, how passed. . 313
Names of children not changed
by 5780
Notice of local bills 314
Oath of governor in presence of. . 117
Oath of members 293, 5753
Oath of secretary and clerk, and
their assistants 316
President and Speaker may ad-
minister 317
Officers elected by 329
One subject-matter to be ex-
pressed in bills 5771
Organization of 292
Original acts kept by Secretary
of State 181 (1)
Original employee unable to dis-
charge duties, office vacant. . 298
Papers of, how disposed of 306-308
Pay of members 309, 312, 5788
Of sick members 310
Of those who die during ses-
sion 311
Ge
INDEX.
532
CIVIL LAW.
General Assembly — Continued.
Pay of secretary and clerk and
their assistants 318
Payment of officers and em-
ployees 300
Place of meeting 289
Power to compel presence of
members 5752
Powers of Legislature 5784
Power to punish members .... 5764
President of the Senate, election
of 2d4
Privilege of members 5766
Profit on public money, forbidden, 5896
Prolongation of session 5785
Public printing, provision to be
made for 5905
Members not to be interested. . 5905
Qualification of voters for 32-34
Quorum to transact business.... 5752
Registration of voters, authority
to provide for 5738
Rejected bills, not to be proposed
second time, when.... 5776, 5785
Removal vacates seat 5755
Returns of election of members.. 5743
Rights of citizens, shall protect.. 5722
Salaries, power to change 5865
Seats of members, how contested, 110
Secretary and clerk must file pa-
pers 32,2
Papers to be filed before they
are paid 323
Secretary of Senate, election and
term of office 315
Senatorial districts, districts
changed, how 5746
One senator from each district, 5745
Sessions, length of 290
Sick members, entitled to compen-
sation 310
Speaker of the House, election of, 294
Special bills, and notice thereof. .
314, 5778
Stationery, etc., Secretary of
State to provide 181 (5)
Street railways authorized by,
when 5782
Sub-letting offices forbidden... 297-301
Subordinate officers, law govern-
ing 315, 324
Substitutes in office, employment
of forbidden 299
Superintendents of election for. . 66
Oath of 67
Before whom taken 68
Superintendents and clerks of
elections for 72 (2)
Suspension of Comptroller or
Treasurer 305, 5821
Tax for what purposes 5882
Taxation, a sovereign right 5796
Irrevocable gifts, grants or re-
straints, void 5796
Term of members 5749
Time of meeting 289
Treasurer, suspension of 5821
Unfinished business, engrossed
bills, etc 306, 308
Goes over to econd session.... 307
United States senators, elections
of 325, 328
Certificate of election 328
Vacancies, election to fill 327
Vacancies, elections to fill, 78, 79, 5816
How filled 5817
Veto, passing bill over 5819
Two-thirds vote overrides 5185
Visiting committees of 6637
Compensation of members 6638
Expenses allowed 6638
Votes, etc., Governor to approve
when 5820
Yeas and nays to be entered,
when 5783
To be recorded on appropria-
tion bills 5775
When taken 5769
General Execution Docket (see Exe-
cution Docket).
Clerk's duty to keep '. 2779
General Issue.
Filing of, no longer allowed 5051
Each paragraph of petition to
be separately answered 5051
General denial, what alone ad-
missible under 5053
Geology (see State Geologist), 1712, 1725
General Legacies (see Legacies).
Law concerning 3326, 3328
General Reputation.
Pedigree provable by 5177
Processioning, when evidence in, 3247
Georgia.
Boundary of State 16, 20
Constitution of Georgia (see Con-
stitution of the State) . . 5698-5943
Defense of suit where State inter-
ested 23, 126
Jurisdiction as to places 21
As to persons 22, 1815
Public property of 1014-1018
Statutes of limitation apply to. . . . 3777
University of Georgia, law relat-
ing to (see University of
Georgia 1192-1271
Georgia Military College.
Change of name, organization un-
der 6336
Made a part of the University. . 6336
Certificate and license to teach.. 6338
Course of instruction 6338
Donation to college by Milledge-
ville 6339
533
INDEX.
Ge
CIVIL LAW.
Georgia Military College — Continued.
School fund, paid over to 6341
Teachers, examination of 6340
Tuition free; exceptions 6337
Georgia Normal College (see Uni-
versity of Georgia).
Georgia Reports.
Additional copies printed, when.. 161
Arguments excluded from 1092
Copyright of, belongs to the State, 1089
Counties, how supplied with.. 173, 175
Distribution of, by State Librarian
154, 165
Electrotyping provided .... 161, 1090
Plates to be kept 162
Exchange of, with other States . . 159
Furnished to what persons. . . . 172-175
Insurance of 349
Penalty for failing to publish 1093
Printing and distribution of. . 158, 162
Proceeds from sale of, how ap-
plied 158
Publication of reports, duties as
to 1077-1093
Published at State's expense 1077
Penalty for failing to publish. . 1093
Reporter to estimate number of. . 1078
Reprint of Georgia reports 6242
Republication of 6242
Sale of, to the public 160
Style and terms of printing 1079
Georgia State Board of Embalming.
Act restricted to what 6498
Appointment of board 6487
Qualifications of members 6487
Certificate of appointment 6490
Duties and powers of board 6492
Examination of applicants 6493
Expenses, how paid 6496
Fee to be paid annually 6495
License, application for 6493
Registration of license 6494
License, practicing without, a
crime 6499
Meetings of board 6492
One member appointed each year, 6489
Term of members 6489
Organization of board 6490
Practicing without license a
crime 6499
Secretary to give bond 6491
Unlawful practice 6497
Penalty 6499
Georgia State Sanitarium.
Absentees require new commital
before 1450
Admission and discharge of pa-
tients 1412
Free patients 1414
Classification of inmates 1430
Annual report of trustees 1421
Apartments, asylum divided into, 1432
Applicants must be* citizens of
Georgia 1434
Assistant physicians 6511
Salary 285
Terms of office 6514
Women may fill office 6511
Women physicians, assigned to
what work 6514
Woman to be appointed to first
vacancy as assistant physi-
cian 6513
Authority of trustees 1411
Bond of treasurer 1419
Clothing of discharged paupers.. 1442
Commitments to, how made, 2570-2587
Convicts, insane, how admitted . . 1446
Cured convicts, how disposed
of 1448
How supported 1447
Criminals insane, how dealt with, 1451
Discharged in what manner 1412
Estimates to be presented by the
trustees 1422
Exemplification as to parties ad-
mitted 1436
Free admission of white persons, 1414
Georgia inmates preferred 1433
Georgia Lunatic Asylum, name of,
changed to 6510
Guardian appointed for inmate,
when 2584, 2585
Harmless idiots rejected.. 1416, 1431
Inmates, who may become 1429
Classification of inmates 1430
Itemized accounts to be furnished, 1420
Lunatic asylum, name changed to. 6510
Managed by ten trustees 1409
Marshal appointed by trustees. . 1425
Must turn over offenders to
whom 1426
Midway, property at, belongs to
the State 1409
Negroes and white persons sepa-
rate 1432
Admission of insane negroes.. 1445
Nonresident pay patients, how ad-
mitted 1437
Officers appointed by trustees. . . . 1417
Offices to be separate 1418
Owned by State 1014
Patients, admission and discharge
of 1412
Free patients 1414
Pauper patients, definition and
classification of 1439
How dealt with 447
How supported 1440
Pauperism ceases, patient pays.. 1441
Pay patients, classification of.... 1438
How admitted 1435, 1436
Resident pay patients, how ad-
mitted 1435
Penitentiary convicts, separate. . 1432
Ge-Go
INDEX.
534
CIVIL LAW.
Georgia State Sanitarium — Cont'd.
Pensions of lunatics in asylum,
abate 6515
Ordinary to notify fact 6516
Persons, how committed to, 2570-2587
Physicians' examination, election,
etc 1423
Subsequent examination not re-
quired 1424
Private insane asylums 1452-1455
Corresondence of inmates, law
regulating 1453
Law to be posted in every ward 1454
Law to be given in charge to
grand juries 1455
Lettess of inmates protected. . . 1452
Property of the State 1014, 1409
Regulations, made and changed by
trustees 1413
Furnished to ordinaries 1414
Salaries of officers 285
Of trustees 284
Sexes will be kept separate 1432
Superintendent, the principal
officer is 1427
Duties of superintendent 1428
Qualification of 1427
Superintendent and principal phy-
sician's salary 285
Temporary disposition of patients 1449
Treasurer's bond 1419, 6146
Trial of lunacy may be demanded 1443
How trial may be demanded . . . 1444
Trustees, annual report of 1421
Appointment of 135, 1410
Authority of 1411
Discharge patients, when 1416
Estimate to be furnished by. . . . 1422
Managed by ten 1409
Marshal, appointment of 1425
Officers appointed by 1417
Regulations made and changed
by 1413
Salary of trustees 284
Two offices, one nerson cannot
hold 1418
Women may be assistant physi-
cians 6511
Georgia State Troops (see Military
Forces).
Retired officers, privileges of .... 6542
Georgia Volunteers (see Volunteer
Forces).
Gifts (see Donations) .... 3564-3574
Acceptance of gift presumed,
when 3565
Corporation officers may accept
for it 3565
Infant, who may accept for .... 3565
Advancements 3474-3478
Conclusively presumed, when . . . 3571
Corporation officers may accept
for it 3565
Death, gifts in contemplation of. . 3574
Gifts, how evidenced 3574
Delivery dispensed with, when. . . 3566
What sufficient 3567
Donatio causa mortis 3574
Essentials of gifts 3564
Illegal purposes, gifts for 3573
Infants, who may accept for 3565
Insolvent persons, gifts by 3569
Minors, gifts by persons lately
minors 3572
Who may accept for infants... 3565
Possession retained by donor.... 3569
Presumption of gift by parent. . . .
2491, 3570
Exclusive possession by child
long continued 3571
How rebutted 3570
Relatives, presumption of gift be-
tween, near 3160
Void conditions 3568
Void gifts 3566
Wife's gift to husband 2491
Written deed, effect of 3566
Good Faith (see Innocent Pur-
chasers).
Contracting parties, good faith re-
quired of 3558
Factor, good faith required of . . . 2929
In confidential relations 4030
Partners, good faith required
among 2642
Goods.
Contracts for sale of, to be in
writing, when 2693
Mingling of 3020, 3990
Government.
Departments to be kept distinct. . 5720
One department cannot exercise
powers of another 5720
Governor (see Executive) .... 5804-5822
Acts of legislature to be signed
by Governor 5785
Agents in special cases, power to
appoint 136
Appointing officers and filling
vacancies, duty of 132
Appropriation book to be kept in
office, contents of 141 (2)
Appropriations disapproved in
part 5819
Approval of accounts, withheld
when 140
Approval of bills, resolutions, etc. ■
5819, 5820
Arsenal and public arms, keepers
of, appointment 135
Attorney-general, Governor may
require services of 221
Bank deposits of Treasurer, su-
pervision over 199 (10)
Bills, passing of, over veto 5819
535
INDEX.
Go
CIVIL LAW.
Governor — Continued.
Failure to return within five
days operates as approval . . 5819
Blind asylum, trustees of, appoint-
ment 135
Bonds of agents disbursing public
money 141 (4)
Bonds' of officers, book of, kept in
executive office 141 (4)
Buy property in certain cases . . . 127
Capitol grounds, etc., keeper of.. 134
Certain officers, Governor may
appoint 134
Commander in chief of army and
navy, Governor is . . 118, 1095, 5814
Commissioned under executive
seal 228
Commissioner of deeds, authority
to appoint 120
Commissions, duty to grant 121
Conclusiveness of commissions 121
Record book of 141 (5)
To notaries public and ex officio
justices of the peace 4053
Comptroller general's office, duty
to examine 5821
Congressmen, election of, duty of
Governor 84, 88
Conservator of the peace 5115
Contagious or infectious diseases,
duty of Governor 1466
Contested elections 5809
Deaf and dumb asylum, trustees
of, appointment 135
Death, resignation or disability. . 5811
Debts due to the State, must sue
for 126
Depositories, shall make terms
with 983
Disability of Governor 5811
Documents to be filed in office. .141 (8)
Duties of, begin, when 116
Duty to see that laws are exe-
cuted 118
Educational funds, record book
of 141 (6)
Election for 81, 5806-5609, 5812
Consolidation of vote for ... 72 (10)
Election blanks and tally sheets,
duty to furnish 6110
Furnish for what elections .... 6111
Election of, by General Assembly,
when 5808
How contested 5809
Quo warranto not lie to . . .4877, 4883
Execution of the laws, duty as to. 5115
Executive power vested in 5805
Expenses of secretaries and cleri-
cal forces 5822
Extra session called by 5816
Fi. fas. against Treasurer, issued,
when 195
General Assembly, adjourned by
him 5786
Convoked by him, when 5816
Election to fill vacancies 5816
Grants, authority to issue 122
Guard of Capitol, appointment of.
134, 147
Governor's power over 148
Inauguration and oath of Govern-
or 116, 117, 5813, 6012
Time of inauguration 116
Ineligible for third term 5805
Judge to preside in supreme court,
selection by 5833
Information from officers, author-
ity to require 5821
Insure certain property, duty to . . 124
Warrant to pay premiums 125
Insurrection, duty in case of. .119, 1229
Invasion, duty in case of . . . .119, 1229
Journal to be kept in office. . . . 141 (1)
Lunatic asylum, trustees of, ap-
pointment (see Georgia State
Sanitarium) 135
Mandamus, Governor not subject
to 4877
Medical board, appointment of . . 1482
Messenger of, appointment. .. .134, 144
Duties of messenger 145
Salary of 282
Military, power to call out
118, 119, 1163, 1169
Minute book to be kept in office 141 (1)
Mobs, duty in case of 1169
Nominations made by, to the
Senate 5818
Rejected nominations not again
presented 5818
Oath of, and how taken. .117, 5813, 6012
Office to be kept in State House. . 143
Officers of public institutions ap-
pointed by 135
Pardons and reprieves 5815
List of, reported to General As-
sembly 5815
Penal actions by 4933
Penitentiary, officers of, appoint-
ment 135
Powers, legislative, judicial and
executive, kept separate .... 5720
President of Senate, when 5811
Proclamation declaring constitu-
tion of 1877 ratified 5949
Property of State, duty as to. .122, 126
Public debt, statement of, to be
kept in office 141 (3)
Public property, duty to super-
vise 123
Purchase property, authority to
(and see Property Purchased
by State) 127, 131
Qualifications of Governor 5810
Quo warranto, §§ 4881, 4882 not
apply to Governor 4883
Rebellion, duty in case of 1229
Go-Gr
INDEX.
536
CIVIL LAW.
Governor — Continued.
Records to be kept in executive
office 141
Rejected by Senate, person not to
be reappointed 5818
Removal of liens 130
Removal of the Governor 5811
Reports of, furnished State Libra-
rian ■ 157
Reports to 5821
Reprieves and pardons 5815
Statement to General Assembly. 5115
Residence of 143
Resignation, death or disability..
231, 5811
Returns of election, how made. . . 5807
How opened and published .... 5808
To whom sent 5806
Riots, duty in case of 1169
Rooms in Capitol assigned by. . . . 123
Salary of 282, 5805
Seal of Executive Department . . . 142
Secretaries, appointment of 5822
Salary of 282
Secretaries and others, authority
to appoint and remove 134
Sell or rent property, how 129
Signing acts of Legislature 5785
Speaker of House, Governor is,
when 5811
Special election not ordered, when 82
Special service, appointment for.. 146
Special session of General As-
sembly called by 5816
Staff of 1096
State Board of Pharmacy, appoint-
ment of 1492
State Librarian, authority to ap-
point 134
Suspension and removal of.. 163, 164
State School Commissioners ap-
pointed by 5907
State Treasurer, Governor's super-
intendency over 194
Treasurer's bond, approval of. . 190
Successor 5811
Suits against the State, defense
of 23
Superintendent of Western &
Atlantic Railroad, appoint-
ment of 1025-1028
Taxes, suspension of collection.139, 926
Term of office 5805
Titles made to Governor and his
successors 128
Treasurer, Governor may appoint,
when 192, 193
Suspended, when 193
Treasurer's office, duty to exam-
ine 5821
Unexpired term, how filled 5812
Vacancies in office, duty to fill.132, 5817
Mode of filling 134
Vacancy in office of Governor... 231
Special election to fill 81, 82
Veto of Governor 5819
Volunteer forces, command of in
case of war 1180
Regulations by Governor. . .1201-1203
Vote for, how certified and di-
rected 72 (10)
Warrants on treasury 140
W. & A. Railroad, auditor, ap-
pointment of 1039
Bonds of officers of, examina-
tion by 1055
Officers appointed by
135, 1025, 1035, 1039
Treasurer of, appointment 1035
Writs of elections issued by 5816
Governor's Mansion.
Belongs to State 1014
Governor's Messenger.
Appointed how 134, 144
Duties of 145
Salary of 282
Special messenger 146
Governor's Office.
Books to be kept in 141
Kept at what place 143
Governor's Secretary.
Appointment and removal... 134, 5822
Salary of :••;••• 282
Grace.
Sight-drafts, grace not allowed on 3680
Grade Crossings (see Railroads).
Allowed, when 2167 (6), 2172, 2219
Grain.
Grinding at public mill regulated.
1631, 1632
Inspection of 1630
Grammatical Errors.
Statutes not vitiated by 4
Grand Jurors (see Penal Code).
Communications among, exclud-
ed 5198 (3)
Grand Jury (see Penal Code).
Combines and trusts, law as to,
to be charged grand juries. . 6472
County School Commissioners
reports, duty as to 1388
County tax, recommendation by. . 399
Effect of failure to recommend. 401
Disclosures by, when allowed... 5200
Examination of clerk's office by. . 4367
Jails, inspection of 356
Special charge of judge 357
Liquor dealers' register, inspec-
tion of 801, 951
Pension lists, examination of.1269, 1270
Selection of roads by 535
Tax collector's books, examina-
tion of 951
Tax receivers, examination and
collection of returns of. .. .935-939
537
INDEX.
Gr-Gu
CIVIL LAW.
Grand Jury — Continued.
Tax returns, correction of .... 935, 936
Examination of returns .... 935, 93G
Traverse 'jurors, competency as . . 5877
Grants 3208-3222
Applied for in two years, must be 3236
Attested by Secretary of State. . 181
Books of, to be kept by Secretary
of State 181
Convey no right to public bridge
or ferry 634
Copy of grant, when admissible. . 5674
Motions for any rule or order
to be in writing 5677
Doubtful cases, issue made up
and tried in 3215
Errors in grants, how corrected. 3212
Effect of objections 3214
Issue, how formed and tried.. 3215
Procedure to correct error .... 3213
Vested right not disturbed 3214
Ferry franchise, privileges of .... 635
Form of grants 3211
Franchise, grantee takes nothing
by implication 3221
Governor shall issue 122
Impeached, in what manner 3220
Implication, grantee takes noth-
ing by 3221
Grants by, not favored 3675 (7)
Irregularities do not avoid past
grants 3224
Not to be inquired into 3220
Land books, record of, in execu-
tive office 141 (7)
Land lotteries (see that title) ....
3237-3242
Lost, original grant being, issue
of new grant 3217
Obtained in what manner 3234
Interest of applicant not sub-
ject to levy 3235
Plats of land grants, care of . . . 185 (1)
Record of plats 185 (2)
Proceeding to correct errors in.
3212-3216
Effect of corrected grants 3218
Presumption of grant (see title
Presumption) 3222-3236
Every presumption in favor of. 3221
Record of, kept by Secretary of
State 181 (3)
How kept 183, 185 (4)
Secondary evidence of 5674
Set aside, how grants may be. . . . 3219
Special privileges or immunities,
irrevocable grants of, forbid-
den 5731
Revocation of grants 5731
Title to all lands originate in 3210
Great Seal of State 184
Affixed to public documents . . 181 (2)
Description and devices 184 (1-3)
Officers commissioned under .... 227
Secretary of State shall keep . 181, 5830
Grist Mills.
Nuisances, abatement of, as 4764
Growing Crops (see Crops).
Levied on and sold, when 5425
Guano (see Fertilizers and Chemi-
cals).
City's right to appoint inspectors . 1600
Inspector of, how appointed (see
Fertilizers and Chemicals) . . 155
Guarantor.
Notice by, to sue 2974
Surety, distinguished, how 2966
Guaranty.
Partner's, outside scope invalid, 2656
Guaranty Bonds.
Accepted in what cases 247
Fidelity Insurance 247, 2141
Guaranty Companies (see Insur-
ance, Fidelity or Guaranty) . 2141
Sureties on official bonds... 247, 2141
Guard of Capitol.
Appointment of by Governor, 134, 147
Governor's power over 148
Guardian ad Litem (see Guardian
and Ward).
Guardian and Ward 2512-2597
Abate suit, revocation does not. . 2534
Additional bond, required, when, 2530
Additional security required,
when 2524
Administrator, guardian is, when
ward dies 2569
Amount of expenditure 2541
Corpus encroached on, when.. 2541
Application for appointment, no-
tice of 2527
Application to sell for reinvest-
ment, notice of 2546
Appointed, how and by whom . . .
2512-2538
Persons for whom guardians
may be appointed 2570
Appointment, without trial when
in Asylum 2584
Rules governing such guard-
ians 2584
Arbitration, guardians may sub-
mit to 4475
Asylum, guardian of inmate, by
what rules governed 2585
Lunatics, etc., in, guardian ap-
pointed without trial 2584
Attorney in fact, guardians may
act by 2556
Conveyances by 3000
Bar of suits against, after ten
years 3772
Bastards, guardian of, appoint-
ment of 2526
Gu
INDEX.
538
CIVIL LAW.
Guardian and Ward — Continued.
Binding out indigent orphans. . . . 2542
Binding out of ward, when. . . . 2543
Bond of guardian, and when
given 2528, 2529
Additional bond required, when, 2530
Additional security required,
when 2524
County administrator's bond as
guardian 2522
Foreign guardian, 2588 (1)
Exemplification, as to suffi-
ciency 2588 (2)
Guardians of lunatics, idiots,
etc 2571
Natural guardian must give... 2513
Failing, ordinary may ap-
point another 2513
Suit on 2535
Sureties may be sued in first in-
stance, when 3503
Property of principal to be ex-
hausted first 3504
Service perfected, how 3505
Bond and oath of guardian 2528
Vacation, taken and given in.. 2529
Capacity to manage his estate,
examination into 257&
Appeal from verdict 2575
Appointed on return of verdict, 2574
Return and appointment, ap-
peal 2574, 2575
Second application 2576
Claims at guardian's sales . . 4630-4633
Clerk or stranger, appointed,
when 2520
Citation for settlement at in-
stance of ward 2557
At instance of the guardian. . . . 2558
Duty of court on return of . . . . 2559
Collaterals applying, who may be
appointed 2518
Commission as to sanity, proceed-
ings to end 2578
Issue, how to end 2579
Commissions of guardian 2552
Case of two guardians 2553
Forfeited for failing to make re-
turns 2544
Forfeited for waste or misman-
agement 2553
Compromises by 3428-3430
Confining insane ward 2581
Expenses of proceedings, how
paid 2583
Proceedings by third persons.. 2582
Consent to tort 3893
Continuance, court may allow... 2560
Contracts by guardians 2555
Contact for labor, guardians
may 2549
Corpus of estate encroached on,
when 2541
County administrators as county
guardians 2521
Bond as such 2522
General laws applicable to.... 2525
County guardian, appointment of
2521-2525
Cruel treatment of child, appoint-
ment of guardian 2504
Cultivating and managing planta-
tion 2550
Deaf and dumb persons, appoint-
ment of guardian for 2570
Proceedings in case of.... 2573-2575
Death of ward, guardian acts as
administrator . . . . 2569
Decision on citation of settle-
ment, enforcement of 2563
Discharged guardian, surety re-
lieved, when 2533
Discretion of ordinary as to trans-
ferring property to foreign
guardian 2590
Dismission, letters of, granted,
when 2567
Disposition of money, etc., in
hand 2568
Disposition of money in case of
settlement 2568
Distribution of estate of deceased
ward 2569
Drunkards, appointment of guard-
ian for 2570
Duties, powers, and liabilities of
guardians 2539-2556
Education of ward 2539
Ending commission, issue how
made up and tried 2579
Enforcement of decision on cita-
tion of settlement 2563
Examination of capacity to man-
age estate 2573
Returns and appointment, ap-
peal 2574-2575
Second application 2576
Execution against, how levied... 2535
Expenditure, amount of 2541
Failing to make returns 2544
Final receipts of guardian* 2564
Foreign guardians 2588-2597
Bond to be given 2588 (1)
Copy of letters to be filed by. . 2595
Discretion of ordinary 2590
Enforcement of order of ordi-
nary 2692
Exemplification as to sufficien- ■
cy 2588 (2)
Notice of application 2588 (3)
Order of ordinary to transfer
property to 2588
Enforcing order 2592
Receipt of 2591
Removal of ward to another
State 2593
539
INDEX.
Gu
CIVIL LAW.
Guardian and Ward — Continued.
Resident parties protected
against 2596
Sue, right to 2594
Transfer of property to 2588
Funds in hand of guardian, dispo-
sition of 2568
General guardian, ordinary may
appoint 2516
Ward's right to select 2516
Guardian ad litem, appointment of
2538, 3286, 4843, 4866, 4987
Appointed for minors sued.... 4987
Condemnation proceedings
against minor's property.... 4663
Guardianship, none applying for, 2520
Who entitled to 2518
Idiots, guardians appointed for. . 1570
Idiots, lunatics, etc., physicians to
be on jury 2586
Pay of jurors in lunacy trial.. 2587
111 treatment of ward 2543
Imbecile persons, guardian ap-
pointed for 2570
Indentured children 2387
Indigent orphans, binding out. . . . 2542
Insane persons, guardians ap-
pointed for 2570
Insane ward, confinement of . . . . 2581
Expenses of proceedings, how
paid 2583
Proceedings by third persons.. 2582
Instrument signed by one as,
binds him 2998
Interest, compounded how and
when 3498
Investment of funds by 3432
In State securities 3181
In stocks 2551
Jurisdiction of ordinary as to. . . . 4232
Jury in lunacy trials, physicians
to be on 2586
Pay of jurors 2567
Kinds of guardians 2512
Labor, guardians may contract
for 2549
Lands, rent of, by guardian 2548
Letters of dismission, granted,
when 2567
Disposition of money, etc., in
hand 2568
Letters of guardianship 2523
Of foreign guardian, copy of, to
be filed 2595
Levy, first, on guardian's prop-
erty 3504
Liabilities, powers and duties of
guardians 2539-2556
Limitation of suits against guar-
dian 3772
Lunatics, idiots, etc., guardians
of 2570-2587
General law governs proceed-
ings 2580
Maintain, educate, and protect. . 2539
Married women may be guar-
dians, when 2519
Mental capacity, appointment of
commissioners to examine
into 2573-2576
Witnesses before commission. . 2577
Misconduct, proceedings in case
of 2532
Motion by surety 2533
Mother's right to be preferred.. 2518
Natural guardians 3512, 2513
Bond, natural guardians must
give 2513
Failing, ordinary may appoint
another 2513
New sureties required, when. . . . 2531
Nonresident ward, ordinary may
appoint guardian 2517
Notice of application for appoint-
ment 2527
Foreign guardian's application
2588 (3)
Of application to sell for rein-
vestment 2546
Oath and bond 2528
Guardians of idiots, lunatics,
etc 2571
Substantial compliance suffi-
cient 2528
Taken in vacation 2529
Order to transfer property to for-
eign guardian 2589
Ordinary, power of, over guard-
ian 2562
Physicians to be on jury in lunacy
trials 2586
Pay of jurors 2587
Plantation, cultivating and man-
aging 2550
Power of ordinary on citations
for settlement 2562
Enforcement of decision 2563
Powers, duties, and liabilities of
guardians 2539-2556
Guardians of lunatics, etc 2571
Proceedings, removal to another
county 2537
Proceedings in case of miscon-
duct 2532
Motion by surety 2533
Proceedings to end commission as
to sanity 2578
Issue, how made and tried.... 2579
Promise to answer out of own es-
tate 2693 a)
Protection, maintenance, and edu-
cation 2539
Ratification of 2540
Receipt of foreign guardian 2591
Receipts, final, of guardian 2564
Reinvestment, guardian may sell
for 2545
Removal to another State 2593
Gu-He
INDEX.
540
CIVIL LAW.
Guardian and Ward — Continued.
Removing proceedings to another
county 2537
Proceedings in case of 2537
Rent of lands 2548
Reopen settlement, right of ward
to 2565, 2566
Resident parties, protected
against foreign guardian. . . . 2596
Resignation of guardian 2566
Right of ward to reopen settle-
ment 2566
Restoration to sanity, proceed-
ings as to 2575
Issue, how made and tried.... 2579
Return of commissioners to exam-
ine into mental capacity. . . . 2574
Appeal from decision 2575
Returns of guardian 2540
Failing to make, commission
forfeited 2544
Ordinary's jurisdiction as to
4232 (7)
Revocation of guardianship 2578
Does not abate suit 2534
Sales by 3452
How made 2547
Of stock in railroad or bank. . 3451
Sale for reinvestment. . . . 2545, 2546
Second application for guardian-
ship 2576
Settlement, resignation, and let-
ters dismissory 2557-2569
Binding effect on ward 2565
Citation at instance of guard-
ian 2558
Duty of court on return of cita-
tion 2559
Power of ordinary 2562
Proceedings in case o£ citation
for 2561
Right of ward to reopen. . 2565, 2566
Stocks, investment in 2551
Stranger in blood appointed,
when 2518, 2520
Substantial compliance as to form
of bond sufficient 2528
Successor to guardian, etc., may
be made party 5018
Suit on guardian's bond 2535
Not abated by revocation 2534
"Ward may sue his guardian... 2536
Suits by foreign guardian 2594
Sureties on void appointment,
bound 2554
New, required, when 2531
Surety, motion by, in case of mis-
conduct 2533
Discharged, surety relieved,
when 2533
Temporary guardian, appoint-
ment of 2527
Testamentary guardians, rights
of 2514
Widow's right to appoint .... 2515
Torts to ward 3816
Two guardians, commissions.... 2553
"Vacation, oath and bond taken in, 2529
Void appointment, sureties bound, 2554
Ward dying, guardian acts as ad-
ministrator 2569
May sue his guardian 2536
Right to select guardian 2516
Widowed mother may appoint by
will 2515
Wife may be guardian 2572
Will of widow may appoint 2515
Witnesses 2577
Guardians, Foreign (see Guardian
and Ward).
Gun Powder.
City regulation of 696
Deposits of 1151
Marks required on, when trans-
ported 2291
Penalty for transporting contrary
to law 2292
Regulation for keeping 1476
Habeas Corpus.
Bail cases 4610
Bill of exceptions 6251
Child or wife, writ for 2453
City court, writ issued by 4286
Failing to grant writ, penalty for, 4331
Special proceedings not affected
by Code 4972
Superior courts, writs granted by
4321 (1, 4)
Suspension of, prohibited 5708
Wife or child, writ for 2453
Witnesses 5264
Habitual Intoxication (see Drunk-
enness; Drunkards).
Divorce for 2426
Half Bloods.
Inheritance by 3355
Handwriting.
Proof of 5246
Comparison of hands 5247
Harboring.
Wife, husband's action for harbor-
ing of 3868
Head Rights !. 3223-3236
Application for warrants, how
made (see "Warrants," be-
low) 3227
Assignable before grant issued.. 3235
Caveat to issue warrant 3229
Final judgment thereon 3229
Certificate where land already
granted 3231
Applicant's objection thereto. . 3231
Notice of issue thus formed. . . . 3231
False returns by surveyor 3232
541
INDEX.
He-Hi
CIVIL LAW.
Head Rights — Continued.
Filed first, preference of 3228
Former acts opening land court,
continued 3225
Grants must be in two years. . . . 3236
How obtained 3234
Irregularities do not avoid past
grants 3224
Land court, former acts as to,
continued 3226
Ordinary's court is land court. . 3226
Lands subject to head rights 3223
Levy and sale, not subject to be-
fore grant issued 3235
Ordinary, duty to record plats.. 3233
Order sustaining application,
etc 3234
Ordinary's court is land court. . . 3226
Possession, person in, preferred, 3228
Preference to first filed, or person
in possession 3228
Record plats, ordinary's duty to, 3233
Survey, notice at time of 3230
Surveyor, certificate of, where
land not vacant 3231
Objections of applicant 3231
Surveyor, duty of 3230
False returns by 3232
Warrant, application for, how
made 3227
Contents of application 3227
Notice to be served thereof. . 3227
Issues where no caveat filed. . 3230
Survey and plat order 3230
Notice at time of survey.... 3230
Health (see Health, Hospitals,
Quarantine, and Nuisances) .
Injuries to (see Nuisances), 3858-3866
Nuisances, injurious to health... 4760
Health, Hospitals, Infection, and
Quarantine 1456-1476
Certificate as to performance. . . . 1470
Contagious or infectious diseases.
Duty of Governor 1466
Destroying property for public
good 1456
Escaping quarantine, persons
how dealt with 1461
Expenses of smallpox quarantine, 1474
Fees of health officer, how paid. . 1471
Fines, how disposed of 1469
Gun powder, regulations for keep-
ing 1476
Hospitals or pest houses, how es-
tablished 1457
Inland travelers to perform 1463
Master of vessels must deliver
bill of health, etc 1462
Medicine, practice of, how regu-
lated 1477
Performance of quarantine, how
certified 1470
Persons concealing, indictable . . 1468
Pilots, duty of, before boarding
vessel 1464
Proclamations as to contagion. . 1466
Quarantine, how prescribed and
regulated 1458
Penalty for violating 1467
Quarantine grounds, how estab-
lished 1459
Smallpox, penalty for concealing, 1468
Quarantine regulations 1473
Smallpox hospitals 1472
Vaccine, how distributed.... 397, 1475
Vessels, persons on board of, shall
observe 1465
Removal to quarantine ground. 1460
Violators of quarantine may be
indicted 1467, 1468
Hearsay Evidence (see Evidence)
5175-5186
Heirs.
Administer, who entitled to .... 3367
Administrator's right to recover
lands from 3358
Bastards, rules as to 2510, 2511
Choses in action, set apart to,
right to sue on 5022
Collection of debts for 3427
Creditors, rights of against heirs
336, 3201, 3422
Defined to mean children 3084
Distribution and division amongst
(see Administrators; Distri-
bution of Estates; Execu-
tors) 3464-3483
"Heirs" to create absolute es-
tate ' '..... 3083
Husband sole heir of wife, when
3354, 3355
Land, incapable to hold, get pro-
ceeds thereon 3576
Notice to, in proceedings to pro-
bate wills 3282, 3285
Parties in equity, where some sue, 4844
Realty, direct decsent of, to heirs
3081, 3353
Right to sue for 3801, 3109, 3357
Recovery from heirs 3358
Remainderman, rights of heirs of, 3101
Removed administrator, right to
sue 3406
Rules of inheritance (see title by
descent) 3355
Vendee's heirs, may have title,
how 3442
Wife sole heir of husband, when, 3355
"Heirs of the Body."
Defined to mean children 3084
Highways (see Roads and Bridges).
Includes bridges 5
Law as to 509-682
Hi-Ho
INDEX.
542
CIVIL LAW.
Hiring (see Bailment).
Bailor, right of to sue 2909.
Obligations of 2905.
Commission merchants, labor or
services of
Contracts of 2903
Delivery, duty as to
Deposits for hire
Engagement of the hirer
Effect of violation
Factors., labor or services of . . . .
Labor, hire of. etc
Diligence of bailee
Labor and services, title to thing
on which labor is bestowed. .
Levy on thing hired
Lien of bailee for hire or labor. .
Effect of loss
Loss or destruction of thing hired.
Mechanics, hire of labor or serv-
ices
Obligations of bailor
Reletting, hirer prohibited from,
Bailor's remedy in such case. .
Removal of things out of State. .
Right of action accrues, when. .
Risk with bailor, when
With bailee, when
Title of hirer
Title to thing on which labor is
bestowed
In case of labor on shares. . . .
Torts, who may sue for
Wharfingers, labor or services of.
Holders of Negotiable Paper (see
Bills of Exchange: Innocent
Purchasers: Negotiable Pa-
pers: Promissory Xote).
Collateral security, rights of . . . .
Defenses which may be set up
against
Good faith in. presumption of . . . .
Notice to. what is
Overdue paper is notice to
Rights of bona fide holder
3538, 3694.
Title, when inquired into
Set-offs allowed against, when.
Holidays.
Appeals, holidays not counted..
Jefferson Davis birthday a public
holiday
Notes when due. in reference to,
Specification of
Sunday, holidays treated as
Homestead and Exemption.... 2827-
Affidavit to levy and issue thereon
, 2850-
Amount and value of 2827.
Appeal from ordinary's judg-
ment
Application, how made
How approved, etc 2835,
3889
2906
2914
2920
2915
2928
2907
2908
2914
2914
2915
2916
2913
2918
2919
2910
2914
2906
2912
2912
2911
2920
2905
2905
2904
2916
2917
2909
2914
3697
3694
3696
3699
3695
5091
369S
3750
4456
6640
3693
3692
3692
2875
2853
5912
2838
2828
6179
Objections to. how made 2836
Objections by wife 2842
Notice of, to creditors, publica-
tion 2831
Other notice to be given in writ-
ing to creditors 3832
Time of hearing 2833
Where made 2828
Application and schedule 2828-2830
Applicant's right to select prop-
erty 2862
Appraisers, appointment of 2838
Approval of application for home-
stead 2835
Indorsement of ordinary there-
on 2835
Evidence, when done, in all of
the courts 2835
Both exemptions not allowed....
2854, 5915
Cash, how exempted 2841
Claim exemption, who may, 2827, 5912
Cost, by whom paid 2845
Debts, what subject to, 2827, 2848, 5913
Different counties, homestead in. 2829
Effect of exemption 2872-2875
Evidence, record of transcript of.
is 2835
Exempting property, and who
may claim the exemption...
2827, 5912
Exemptions under § 2866 not de-
nied by 2849-2854
Former homesteads preserved. . . 5918
Fraudulent omission from sched-
ule 2830
Head of family, wife is, when. . . . 2842
Improvements on. exemDt from
sale ~ 5, 5913
Incumbrances on 5914
Income 2847. 2848
Judgments, etc. not enforced
against exempt property. . . . 5913
Levy, affidavit to. and issue ther-
on 2850-2853
Levy and sale, when valid.. 2849-2854
Counter affidavit suspends.... 2851
Effect of finding 2853
How and when made 2850
Issue, how tried 2852
Trespass, levy on is, when 2849
Minors, application, guardian not
making 2843
Money, exemption of 2841
Notice to creditors 2831
Additional notice 2832
Objections to survey, how and
when made 2836
Ordinances of convention of 1877
as to 5945
Ordinary's jurisdiction 2828
Other county, land in. how em-
braced 2829
543
INDEX.
Ho
CIVIL LAW.
Homestead and Exemption — Cont'd.
Pony homestead (see Short or
Statutory Homestead, below)
1 2866-2875
Property which may be set apart. 5912
Property set apart, how vested, 2846
Protection of property set apart
guaranteed 5913
Publication of notice of applicar
tion 2831
Other notice to be given in writ-
ing to creditors 2832
Purchase money, paid in by .... 5919
Receiver for excess 2855-2862
Bond of 2861
Only one appointed 2859
Receiver to dispose of excess of
personalty 2856
Sale of personalty 2858
Sale of realty and disposition
of proceeds 2859
Sale prevented, how 2860
Record or copy as evidence 2835
Refusal by husband to apply, who
may 2843
Reinvestment, sale for
2844, 2847, 5914, 5920
Rents and profits, how disposed
of 2848
Returns of surveyor 2836
Objection to be made, when.. 2837
Sale by officer, when 2850
Counter affidavit suspends pro-
ceedings 2851
Issue, how tried 2852
Subject to sale for what
2827, 2848, 5913
Sale for reinvestment
2844, 2847, 5914, 5920
Sale upon application of benefi-
ciaries 2844
Schedule and application... 2828-2830
Schedule of property to accom-
pany application 2828 (2)
Must be full 2828 (2)
Effect of fraudulent omission. 2830
Objections to schedule 2836
Schedule and plat, record of . . . . 2835
Select property, applicant's right
to 2862
Separation of wife from husband, 2842
Set apart, how 5915
Short or statutory homestead . . .
2866-2875, 5915, 5916
Both exemptions not allowed . .
5915, 2854
Constitution of 1897 not affect
short homestead 5915
Constitutional and statutory
homesteads both not allowed
2854, 5915
Defined 2866, 5915, 5916
Both exemptions not allowed
2854, 5915
Effect of exemption 2872-2875
Exempted property stands for
what uses 2874
Extends to insolvent estates.. 2875
How set apart 2867-2871
Insolvent estates allowed 2875
Land, how laid off 2866, 2868
Mode of obtaining exemption. .
2867, 6180
Exemption of land in another
county 6180
Ordinary's compensation 6180
Objections, how tried 2869
Ordinary's compensation, 2867, 6180
Pony exemptions not denied.. 2866
Property exempt from sale.... 2866
Land, how laid off 2868
Purchase money, short home-
stead subject to 2873
Sale, subject to incumbrance. . 2871
Setting apart, regulations con-
trolling 2867-2871
Stands for what uses 2874
Subject for what 2873
Trespass in officer to sell 2872
Waiver of short homestead. . . . 5916
Supplemental homestead... 2865, 5917
Exemptions may be supple-
mented, when 2865
Survey and plat, how made 2834
Surveyor, application to lay off
homestead 2828 (4)
Duty and liability 2834
Failure, punished as contempt
of court ' 2834
Surveyor's return 2834-2838
Appraisers and appeals 2838
Objections to, how and when
made 2836
Record of 2835
When returns to be raada .... 2837
Time of hearing application 2833
Title, property set apart, how
vested 2846
Town property, how exempted..
2839, 2866, 2870
Duty of ordinary and other offi-
cers 2840
Trespass to levy on or sell home-
stead 2849
Value of property set apart 5912
Issue as to, what is not waived, 2864
Verdict, effect of 2853
Vested rights protected 5918, 5919
Vests, how, when set apart 2846
Waiver of homestead right
2863, 2864, 5914, 5916
Debtor may select property not
waived 2864
Debtor may waive exemption.. 2863
Wife, separate from husband. . . . 2842
Right to apply if husband re-
fuses 2843
Ho-Hu
INDEX.
544
CIVIL LAW.
Homestead and Exemption — Cont'd.
Wife and children, rights of, how
protected 2842-2846
Homicide.
Definition of term 3829
Right of widow to recover for. . . . 3828
Suit for 5866
Horticulture and Pomology.
Arbitration in case of difference. . 6601
Hearing by commissioners 6602
Complaints of infection to be in-
vestigated 6599
Department established 6595
Duties of entomologist 6597
Entomologist, duties of 6597
Reports of 6598
Infected property, how disposed
of 6600
Penalty for violation of law 6303
Possession of husband, presump-
tively is 3931
Reports of entomologist 6598
Rules of department 6595
Salary of entomologist 6604
Hospitals (see Health, Hospitals,
Infection, and Quarantine).
Establishment of 1457, 1472
Smallpox, establishment of 1472
Quarantine regulations and ex-
penses 1473, 1474
Hospitals and Sanitariums.
Private Hospitals and Sanita-
riums (see that title) . . 6500-6503
Hospital Corps 1098, 1137
Duty of 1140, 1141
Georgia Volunteers 1137-1141
Hospital Stewards . 1138
To be druggists 1139
Hotchpotch (see Advancement.... 3477
Hotels (see title Inns)
2810, 2818, 2932-2942
License by cities 702
Liens of keepers 2787 (11)
Life-saving appliances on beach. . 2942
Hours of Labor.
Factories, etc 2615-2620
Trainmen, hours of 2240-2242
House of Correction (see Charitable
Institutions for Custody of
Children) 2372-2387
House of Representatives, Federal
(see Constitution of the
United States).
House of Representatives, State
(see General Assembly).
Acts passed, signature of 5776
Appropriation bill, yeas and nays
to be recorded 5775
Bills for raising revenue or appro-
priating money originating in
House only 313, 5773
Bond of clerk 5787
Compensation of members
309-312, 5788
Clerical expenses of 5/87
Clerk of, compensation 318
Bond of 5787
Duty at close of session 306
Election and term of office. . . . 315
Fees of clerk 286
Salary of clerk 286, 318
Contempt or rescue, authority to1
punish 5765
Doorkeeper and messenger of . . . . 296
Election, returns, and qualifica-
tion of members, each House
is judge of 5764
Elections by General Assembly,
held in House 295, 5789
Election of Governor in House. 5808
Election of members, occurs
when 70. 5750
Returns of 5743
Eligibility of members to seats in, 5754
Impeach, power to 5763
Ineligible to certain offices 5754
Journals to be kept and published, 5767
Original journal, where kept. . 5768
Length of session 290
Local and special bills, how
passed 5778
How probated 314
Majority essential to pass law. . 5777
Members of House 291, 309-312
Misconduct of members, how to
punish 5764
Number of representatives .... 5747
Apportionment among several
counties ...... 5747
Apportionment, how changed . . 5748
Oath of members 5753
Organization of 292
Privileges of members from ar-
rest 5766
Of members in debate 5766
Qualification of members 5761
Quorum, when quorum not pres-
ent 5752
Rejected bills, how proposed
again 5776
Removal from county vacates
seat 5755
Speaker, election of 294, 5762
Acts as Governor, when. . 230, 5811
Compensation of 309
Election of 294
Special appointments by 301
Term of office of members 5749
Yeas and nays, when entered. . . . 5769
Household Furniture.
Exempt, what is 2866
Husband and Wife 2410-2492
Abducting or harboring wife. . . . 3868
Acts of humanity which are not
within 3868
54:5
INDEX.
Hu-Il
CIVIL LAW.
Husband and Wife — Continued.
Acquisitions of wife living sepa-
rate 2474
Acquisitions during coverture, 2474
Belong to her, when 2476, 5790
Administratrix, marriage of 3367
Administration, survivor entitled
to 3367
Agency, wife's as to necessaries. . 2477
General agency of wife 2479
Agent to bind husband, when. . . . 3001
Of another person, wife's au-
thority to be 3001
Alimony (see title, Alimony) ....
2456-2472
Communications between, ex-
cluded 5198
Consent of wife to tort, not bind
him 38*3
Contracts of wife 2492
Criminal conversation, right of
action for 3869
Proof of marriage, how made. . 3869
Debts of husband, wife cannot
sell to pay 2488
Debts of wife, husband's liability
for 2473
Deeds, attestation of, where wife
interested 3622
Divorce, laws governing. . . . 2425-2455
Domicile of wife 1826
Dower, laws regarding (see
Dower) 4687-4696
Executrix 3367
Harboring wife, husband's right
to sue for 3868
Heir, husband heirs from wife,
when 3354
Wife heirs from husband,
when 3355
Homestead, wife's right to apply
for 2843
Homicide of husband, who may
sue for 3828
General agency of wife 2479
In respect to necessaries 2477
Gifts to wife, inheritance, etc., be-
long to her 2474
Habeas corpus for wife or child.. 2453
Head of family, husband is 2473
Homicide of wife, husband's right
to recover for 3828
Husband is head of family 2473
Liability for necessaries, 2477. 2478
Litigation in equity 4843
Marriage contracts and settle-
ments 2480-2487, 2693
Marriage laws 1830, 2410-2424
Necessaries, liability of husband
for 2477, 2478
Persons of color, are so, when.. 1821
Property which belongs to wife. .
2474, 5790
35— Ga. Code
Sale by husband, pending suit for
divorce, void 2436
Sale to husband or trustee, when
valid 2488, 3188
Separate estate (see that title) . . 3150
Restrictions on 2488
Separate property of wife remains
hers, when 2474, 5790
Surety, wife forbidden to oe. . . . 2488
Torts to wife 2475, 3816
Torts by wife 3817
Trust estate, wife's authority to
bind for debts 3187
Trustees of wife, appointment and
removal of 2485
Wife's estate remains her own..
2474, 5790
Wife's interest in husband's es-
tate after alimony granted. . 2472
Hypothecation.
Law as to 2956-2965
Notes, etc., hypothecation of....
2957, 3697, 4730
Identity.
Mingled goods, proof of identity
of 3020, 3990
Person, proof of identity of 5178
Idiots (see Georgia State Sanita-
rium; Insane Persons; Luna-
tics; Non Compos Mentis).
Barred, when - 3779
Competency as witnesses 5273
Civil rights of idiots 1812
Guardians for 2570-2587
Limitations, laws not run against, 3779
Ordinary's jurisdiction as to, 4232 (9)
Prescription not run against. . . . 3593
Ignorance.
Both parties ignorant, effect of. . 3985
Composition with creditors 2692
Fact, not relievable against,
when 3984
Law, ignorance of, no excuse .... 7
Not relieved in equity 3978
Negligent ignorance equivalent to
knowledge 3933
Statute of limitations, effect of ig-
norance on 3785
Surety, promise by, in ignorance,
not binding 2976
Ignorance of Law (see Ignorance).
Excuses no one 7
Illegal Bonds (see Bonds of the
State; State Bonds).
Certain specified bonds, payment
of, denied 5898
Constitutional amendments as to
5898, 5948
Illegal Consideration (see Consid-
eration).
Promise, not supported by 3662
Il-Im
INDEX.
5±6
CIVIL LAW.
Illegal Contracts (see Contracts).
Attorney's fees in notes void, un-
less defended 3667
Bona fide holder not protected
against, when 3694
Champerty or maintenance 3668
Compounding of felony 3895
Consideration illegal, whole prom-
ise fails 3662
Corrupting legislation or the ju-
diciary 3668
""Duress, which will void the con-
tract 3670
Legal imprisonment is not du-
ress 3670
Fraud voids all contracts 3669
Futures 3537
Gaming contracts 3671
Immoral or illegal, void 3666
Effect where contract sever-
able 3666
Maintenance or champerty 3668
Officers purchasing where inter-
ested 6072, 6073
Public policy, contracts, void as
against ^668
Restraint of marriage 2410
Marriage brokerage 2415
Restraint of trade 3668. 5800
Revenue laws of another county,
contracts to evade 3668
Settlement of criminal offense.. 3894
Severable contracts, partly void. . 3666
Void contracts 3666
"Wagering contracts 3668
Illegal Sales.
Fertilizers 1562
Illegality of Executions 4736-4742
Administrator or executor may
file 4741
Affidavit, contents of 4736
Amendments of affidavits of . . . . 5120
Amount admitted to be due must
be paid 5661
Attorney in fact may file 4741
Corporations, executions against, 1897
County court, illegalities, when
tried 4201, 4206
County funds, illegality by hold-
ers of 417
Court of ordinary, illegality from, 4628
Damages for delay 4739
Decrees, illegality, petition to exe-
cutions on 4736, 4857
Dismissed or withdawn, plaintiff
may proceed 4739
Foreclosure on personalty, pro-
ceedings in such cases 2765
Forthcoming bonds (see that ti-
tle) 5435-5438
Go behind judgment, when illegal-
ity cannot 4742
Judgments, illegality cannot go
behind, when 4742
Justices' courts, illegalities in. . 4156
Levy prerequisite to illegality... 4737
Mortgage /?. fa, affidavit of ille-
gality to 2765
Oath to obtain 4736
Taken in what manner 4736
Other execution property may be
sold under 4740
Partial payment plead, balance
must be paid 5661
Plaintiff concludes, when 5644
Replevy bond to mortgage /?. fa., 2766
Returned and tried, how 4738
Sale under other executions.... 4740
Second affidavit, not allowed.
when 5662
Sheriff may receive 4382
Special proceedings not affected
by Code 4972
Tax. /?. fas. illegality against. .415, 903
Against railroads 789
Trial of 4738
Illegitimate Children (see Bas-
tards) 2507-2511
Definition of 2507
Father's obligation 2508
Inheritance by legitimates from
illegitimates 2511
Inheritance by 2510, 2511
Legitimated in what manner.... 2494
Mother, rights of 2509
Obligation of father to. 2508
Illuminating Oils.
Brand of inspector 6508
Inspector of illuminating oils (see
that title) 6504-6509
Naptha, allowable for what pur-
poses 6507
Illusory Appointment.
Relief against 4020
Imbeciles (see Idiots; Xon Compos
Alentis).
Guardians appointed for 2570
Immigration (see State Bureau of
Immigration) 1730-1735
Immoral Contracts.
Void 3666
Immunities.
Special immunities, how revoca-
ble 5730, 5731
Impairing Obligations of Contracts
(see Contracts).
Passage of laws impairing, forbid-
den * 6, 5730, 5982
Impassable.
Roads suddenly becoming 537
Impeach Verdict.
Jurors cannot 5338
547
INDEX.
Im-In
CIVIL LAW.
Impeachment (see Constitution of
Georgia).
Grants, impeachment of, allowed,
when 3220
House of Representatives alone
has power to impeach 5763
Judge of court of 5759
Judgments in impeachments .... 5760
Senate of Georgia alone can try
5758, 5759
Trial of impeachments.... 5758, 5759
Impeachment of Witnesses (see
Witnesses) 5290-5295
Credit to be given impeached
witness 5295
Implied Contracts (see Contracts).
Property or service 4936
Rent, implied contract to pay. . . . 3116
Relatives, contracts between
near, not implied 4936
Service or property 5936
Implied Promises.
Action on 4936
Implied Trusts (see Trusts).
Arise in what cases 3159, 3573
Imports.
Tax or duty on, not laid by State, 5983
Impotency.
Marriage dissolved for 2426 (3)
Impounding Animals (see Fences
and Inclosures) 1773-1776
Impounded animal, how disposed
of, and damages, how as-
sessed 1775, 6152
Redemption or replevy by
owner 6152
Imprisonment.
Abuse, pending arrest, forbidden, 5706
Actions for personalty, impris-
onment in 4606
Contempt cases, imprisonment
in 4046
Debt, imprisonment for, prohib-
ited 5718
Duress, imprisonment is, when. . 3670
False imprisonment, action for
(see False Imprisonment. . . . 3851
Will, not affected by, when 3269
Improvements.
Landlord liable for 3123
Set-off of. . 3753, 4997, 4998, 5087, 6653
Tenant, removal of fixtures by.. 3120
Imputed Negligence (see Negli-
gence).
Negligence imputed under what
circumstances 2a02
Parent's fault not imputable to
child, when 2902
Inadequacy of Price.
Fraud, when inadequacy amounts
to 3549, 3659, 4033
Specific performance refused on
account of 4040
Inauguration.
Governor's inauguration, occurs
when 116
Incidental.
Secondary proof of papers.. 5244 (4)
Inclosures and Stock (see Estrays;
Fences and Inclosures), 1742-1788
Income.
Homestead, income of 2847, 2848
Life tenant, income to 3091
Incorporation (see Charters, under
Corporations) .
Academies and churches 2364
Amendment of charter, effect of, 5799
Courts which can grant charters, 5780
Eminent domain, franchises sub-
ject to 5798
Stock in other corporations, buy-
ing of, forbidden 5800
Towns and villages 684-710
Increase.
Amendment to include, when al-
lowed 5100
Animals, increase of, belongs to
owner of mother 3075
Hired things, title to increase of, 2904
Legacy, increase goes with, when, 3327
Life tenant, increase belongs to,
when 3091
Loans, increase of, belongs to
lender " 2952
Pawns, increase of, belongs to
pawnee 2965
Wild animals, increase of, be-
longs to whom 3074
Incumbrances (see Liens).
Apportionment of, in equity 3992
Liens, law regulating 2787-2826
Warranty against
3555, 3612, 3614, 3615
Indebtedness.
Cities, how contracted
377-381, 710, 5893
• How funded 758-761
How limited 5891, 5893
Sinking fund for 758-761
County debts, how contracted, 377-381
How limited .' 5891, 5893
State, debts of 996-1013
Limitation on 5888, 5890
Indemnity.
Lost notes, indemnity given, pay-
ment decreed 3969
Sureties, mortgage given to - 2983
Contribution in such cases.... 2994
In
INDEX.
548
CIVIL LAW.
Indenture of Children 2375
Indenture, how revoked 2386
Indentures of Apprenticeship (see
Apprentices ; Master and
Servant).
Execution and attestation. . 2598, 2602
Independent Contractors (see Con-
tractors).
Employers, when liable for acts
of 3819
Index.
Duplex index, duty of clerk to
keep 4361
Reverse index, clerk to keep.... 4360
Indian Spring.
Owned by State 10±S
Indians.
Rights of, in this State 1817
Indictment.
Right to have copy of 5702
Indorsements.
Accommodation indorsement of
partner 2656
Blank indorsement, when explain-
able 5209
Bonds, specialties, etc 3682
Contract of 3687
Denied in what manner 3705
Judgments and executions 3682
Limited indorsements 3683
Proof of, when not required.... 3705
Seal, indorsement need not be
under 3682
Secured note, transfer of, carrier
security 3684
Indorsers.
Accommodation indorsers are
sureties 2969
Attach principal, right to 2979
Attachments, may sue out, when, 4525
Contract of 3687
Control ft. fa., right to 2990
County orders, indorsers of, how
liable 467
Damages on foreign bills pre-
sented 3689
If out of the United States 3690
Foreclosure of mortgage by. . . . 2983
Implied warranty of 3685
Judgments, how signed against. .
2977, 5343
Liability of 3680, 3687,~3692
Liens, right to foreclose 2983
Money paid by, right to sue prin-
cipal for 2980, 2981
Notice to sue principals 2974
Payee indorsing, becomes in-
dorser 3676
Protest and notice to bind, 3688, 3692
Public holidays 3692
Rights of, as against principal..
2980,
Several indorsers, order of lia-
bility
Sued with makers 3691,
Suit against in justice's court. .
4078,
Sundays provided for
Usury, right to recover for
Venue of suits against
In justice's court cases
Of suits against maker and in-
dorser ; . . .
Industrial Education.
Public schools
Infancy.
Plea of, confined to infants
Does not affect co-defendant. .
Torts, infancy no excuse for. .
Infants (see Minors).
Infection.
Law to guard against 1457-
Inference.
Juries, right to make 5157,
Inferior Court.
Powers of, devolving on county
court judge
Informality.
Advantage of, how may be taken
on motion
Amendment of 5048,
Dismissal or delay not allowed
for 4971, 4994,
Official bond not vitiated by. . . .
Special demurrer on account of. .
5045,
In Forma Pauperis.
Appeals, affidavit in case of . . . .
4465, 4618, o±24,
Supreme court, affidavits in, 5553,
Informers.
Bar of suits by, in one year
Gaming money won by, suits by
informers
Suits by, precedence of
Inheritance and Descent.
Bastard, inheritance by
By legitimates from bastards..
Common disaster, inheritance in
cases of
Husband, when sole heir of wife
3354,
Legitimates from bastards
Realty descends to heirs
Right to recover in represent-
ative
Rules of (see Title by Descent) . .
Wife sole heir of husband, when,
Initials (see Names).
Use of, in pleading
2981
3687
5873
4115
3693
2982
5873
4078
4953
1398
3649
5011
3904
1475
5295
4176
5046
5098
5048
263
5048
5632
5613
3776
3671
3740
2510
2511
3356
3355
2511
3081
3081
3355
3355
4942
54:9
INDEX.
In
CIVIL LAW.
Injunction (see Equity) 4913-4928
Administrators and executors, in-
junctions by and: against. . . .
' 3999-4001
Affidavits in support of applica-
tion 5323-5328
Witness not a party, affidavit
of how obtained 5323
Defaulting witness, how pun-
ished 5328
Fees of officer for taking affi-
davit 5326
Female witnesses 5325
Witness residing out of
county 5324
Answer, evidence may be used
as, when 5056, 5323
Attachments for contempt 4860
Bills for, sanction of, required . .
4967, 4973
Bill of exceptions, time of ten-
der 5540
Breach of contract not restrained
by 4919
Cautiously granted 4902
Chambers, dissolution at.. 4926, 4967
Corporation, injunction on disso-
lution of 1886
Court of law, equity not enjoin
proceedings of, when 4915
Creditors without lien 4918
Criminal laws, administration of,
not interfere with 4914
Cutting timber, application to en-
join 4927, 6198
Defendant to have same privi-
leges as petitioner 4828
Death of judge, signing and certi-
fying of bill of exceptions.. 5543
Discretion of judge as to 4920
Dissolution at chambers... 4926, 4967
Enforced in what manner
4860, 4899, 5599
Exceptions, and supersedeas 4925
Time of hearing exceptions. . . . 5558
Equity will interpose by, when.. 4913
Fast bills of exception 5540
Granted in what cases 4913-4923
In what manner 4924
Hearing of application for 4925
Insolvent traders, injunctions
in cases against 2716
Laws made applicable to 5543
Legal processes, injunction
against, when granted.. 3863, 4915
Manner of grant of 4924
Motion for new trial 5323
Nuisance, injunction against,
when granted 3863
Office and function of 4922
Order of judge 4925
Partnership, injunctions on disso-
lution of 2633
Perpetual injunctions, when
granted 4895, 4923
Personal services, injunction to
restrain breach of contract
for 4919
Procedure in injunction cases...
4924-4y28
Process, annexation and service
of 4968
Record, when sent up 5540
Restrain, but cannot compel.... 4922
Second injunction may be
granted 4921
Sheriff's sales, injunctions to re-
strain, when 4915
Superior court, writs granted by
4321 (2, 4)
Supersedeas, requirements as to
bond, etc 4925
Supreme court judgments to be
enforced at once 5599
Injunction cases, how heard
in 5540, 5558, 5618
Judgments, how enforced 5599
Sworn answer, use of as evidence
5056, 5323
Timber, application to enjoin cut-
ting 4927, 6198
Trespass, injunctions to restrain
3863, 4916
Equity not restrain, when.... 4916
Vacation, orders enforced in, af-
ter hearing in supreme court, 5599
Waste, no injunction against,
when title in dispute 4917
Waste not enjoined when title in
dispute 4917
Witnesses refusing to testify; tes-
timony, how obtained... 5323-5328
Writ of error 4925
Injuries (see Negligence; Torts).
False imprisonment (see that ti-
tle) 3851-3853
General principles governing....
3807-3825
Health, injuries to 3858-3866
Libei and slander (see that title)
3832-3841
Malicious arrest 3854-3857
Malicious prosecution (see that
title) 3843, 3850
Personalty, injuries to 3885-3890
Person, injuries to 3867-3873
Physical injuries, suits for. . 3826-3831
Railroads, injuries by (see Rail-
roads) 2260-2321
Real estate 3874-3883
Injuries to Personalty (see Person-
alty) 3885-3890
Injuries to Persons or Property
(see Damages; Torts).. 3807-3925
Injuries to Property 3874-3884
In
INDEX.
550
CIVIL LAW.
Innocent Purchasers (see Bona
Fide Purchasers).
Attack judgments, right to 5371
Equity will not disturb 3934, 3976
Fraudulent conveyances, rights
of innocent purchasers in
cases of 2696
Fraudulent vendee, purchaser
from 2696
Fraudulent vendee, innocent pur-
chaser from, protected 2696
Judgment, purchasers of prop-
erty subject to 5355
Marriage settlement, rights of as
against 2480-2482, 2487
Negotiable papers, purchasers of
3538, 3694
Private sales, rights of pur-
chasers 3530, 3540
Protected in equity 3934
Relief not granted against 3976
Sales, purchasers protected, 3430, 3540
Trustees, purchasers from pro-
tected 3179
Trustee, bona fide urcliaser from
protected 3179
Purchaser with notice not pro-
tected 3179
Which of two must suffer 3940
Inns and Innkeepers.
Baggage, innkeeper shall give
checks for 2941
Definition of term 2932
Who are not 2939
Delivery of baggage, proof of . . . . 2936
Deposit of valuables 2937
Duty of innkeeper 2939
Guests defined 2934
Negligence by, as a defense. . 2938
Include taverns, hotels, etc 2932
Iron safe, innkeepers may pro-
vide 2937
Posting notice, effect of 2937
Liability of innkeeper 2933, 2935
Liens of innkeeper
2787 (11), 2810, 2940
How enforced 2818
Rank of lien 2810
Lifeboats to be kept by, on
beaches, etc 2942
Limit liability, innkeeper cannot,
when 2938
Negligence of guest excuses.... 2938
Presumption in case of loss 2938
Proof as to delivery of baggage, 2936
Regulations, reasonable, may pre-
scribe 2938
Stolen goods, liability of inn-
keeper for 2935
In Pari Delicto.
Both parties at fault 3937
Inquest of Coroner (see Coroner) . . 497
Inquisitions of Lunacy (see Luna-
tics).
Law regulating 2573-2582
Insane Persons (see Georgia State
Sanitarium; Idiots; Luna-
tics).
Contract, power to 3647, 3652
Necessaries furnished to 3652
Definition of 5
Guardians for 2570-2587
Includes all of unsound mind.... 5
Limitations not effect 3779
Ordinary's jurisdiction as to, 4232 (9)
Prescription not effect 3593
Rights of insane persons 1812
Wills, power to make 3266
Witnesses, incompetent as 52/3
Insolvency.
Partner insolvent, contribution
in cases of 2611
Special partner, not claim as
creditor, when 2684
Insolvent List.
Tax receiver and collector, how
allowed 941
Insolvent Traders (see Equity; In-
junction; Receivers).
Allowance for defendant's sup-
port 2720
Assets, how distributed 2719
Chancellor's power in such cases, 2717
Creditor's bill against, 2716-2722, 4003
Liens created after receiver ap-
pointed 2719
Parties to petition 2718
Preferences forbidden 2719
Receiver for 2716
Release of debtor, chancellor may
recommend ......... 2722
Traders defined 2721
Insolvents.
Assignments by 2699
Preferences by 2697, 2699
Purcnase without intention to
pay 3531
Inspection and Inspectors.
Appointment of inspectors 1600
Cotton, rice, etc 1601-1620
Drifted timber, penalty for dis-
posing of 1594
Fertilizers, fees of 1561
Flour, corn, meal, and grain, 1621-1630
Illuminating oils 1588
Inimical laws repealed 1592
Laws governing inspection 1589
Liquors, inspection of 1531-1534
Lumber, fee for receiving 1595
Inspectors of 1591
Mills and millers 1631-1633
Naval stores and other articles . .
1589-1600
551
INDEX.
In
CIVIL LAW.
Inspection and Inspectors — Cont'd.
Pitch, tar, etc 1596-1599
Public books, inspection of 14
Public buildings and records.... 359
Rosin, pitch, tar, and turpentine
1596-1599
Special inspectors 1569
Weights and measures .... 1634-1639
Inspector of Fertilizers (see Fertil-
izers) 1551-1578
Money received from, how dis-
posed of by Commissioner of
Agriculture 1568, 6573
Inspector of Illuminating Oils, 1579-1588
Appointment and duties 6504
Brand of inspector 6508
Dispute as to test of oil pro-
cedure 6504
Inspection, method of making. . . 6506
Naptha, allcwable for what pur-
poses 6507
Penalty for violating law 6509
Rules for conducting inspection, 6506
Salary of inspector 6505
Inspectors of Roads and Bridges
(see Roads and Bridges) ....
6097-6103
Installments.
Trust deeds to secure debts, pay-
able in 6359
Institutes.
Farmers' Institute 1302
Support of institute 1303
Insane Asylums (see Georgia State
Sanitarium) 1409-1451
Private Insane Asylums.... 1452-1455
Insurance.
Bonded public warehouses, prop-
erty stored in 6580
Calculation of reinsurance re-
serve 2045, 6160
Capital impaired, suspension of
license ordered 6160
Change of name or place of busi-
ness 1844
Charters, how renewed 1836
Amendment of 1840
Copy or policy need not be at-
tached to petition 4963
Counties, policies in name of . . . . 350
Home companies insolvent, pro-
ceedings 2048, 6161
Revocation of license 6161
Insurance Commissioner, Comp-
troller-general is... 2031, 5791-5795
Licenses to be obtained by all
companies 2032, 5791-5795
Pooling prohibited 2085-2088
License, how revoked for, 2086-2088
Public buildings of the State 124
Warrant to pay premiums.... 125
Public laws and supreme court re-
ports 349
Reinsurance reserve, calculation
of 2045, 6160
License suspended where cap-
ital impaired 6160
Supreme courts reports and pub-
lic laws 349
Insurance Agents (see Insurance
Companies).
Adjustors and executors, may act,
when 2056
Appointment by commissioner
where company defaults .... 2058
Fees required 2065
Licenses, requirements as to.... 2055
Unlicensed agents, liability to
policy holder 2056
Service, agents appointed to ac-
cept 2057
Service on agents 2057
On foreign company 2057
Tax, penalty for failure to pay. . 2066
Insurance Brokers (see Insurance
Companies).
Insurance Companies 2007-2146
Actions against, venue.... 2145, 2146
Agent, definition of (see Insur-
ance Agents) 2054
Civil liability of agent 2056
Penalty on agent of unauthor-
ized companies 2055
No person shall act as, until.. 2059
Annual reports of 2064
Assessment and other company
reports, etc 2061-2071
Assessment life (see Insurance
Companies, Assessment Life).
"Assessment plan" policies 6402
"Assessment plan" to be boldly
printed 6394
Refusal forfeits right to do
business 6395
Return of excess 6396, 6397
Authorized to do business, how
2031-2033
Begin business, authority to .... 2034
Begin business, when 2015
Must begin in two years or
charter forfeited 2017
Bonds and deposit required, 2034-2043
Bonds deposited to be main-
tained at original amount. . 2040
Reduction below amount, new
deposit required 2040
Bonds, deposits of, by companies
of other States 2035, 6159
Duty of treasurer to redeliver,
when 6159
Branch offices 2027
Brokers, books of, contents sub-
ject to inspection 2079
In
INDEX.
552
CIVIL LAW.
Insurance Companies — Continued.
Copy charter of company to be
filed 2074
Failure to pay judgment, li-
cense cancelled 2083
Inspections, surveys, etc.,
brokers may make ! 2777
Insurance from 2072
License, cancellation of 2076
Licensed as brokers, who may
be 2073
License, penalty for doing busi-
ness without 2081
Policy must show it has no
agent or deposit in Georgia. . 2084
Sections 2072-2084 of the Code
of 1895 repealed 6163
Semi-annual statement to be
filed by 2078
Service, person to be desig-
nated for 2082
Statement, commissioner to
examine 2075
Statement under oath of insur-
ance obtained 2079
Tax on gross premiums 2080
Unlicensed companies, brokers
may place insurance for, 2072-2084
Buildings which may be owned by 2027
Business cannot be transacted
by, unless 2034
Call on stockholders 2046
capital stock 2013
To be kept good 2046
Certificates of incorporation,
form of 2009
Prima facie evidence of exist-
ence 2012
Charters, Comptroller-general is-
sues, when 2007
Civil liability of agents 2056
Comity to foreign insurance com-
panies 2060
Commissioner, Comptroller-gen-
eral is 2031
Commissioner to investigate. . . 2044
Commissioner and inspectors ad-
minister oaths 2070
Conflicting claims to bonds 2038
Construction of contracts 2093
Contract evidenced by policy.... 2022
Conditions in policy govern. . . . 2022
Signed by president and secre^
tary, must be 2022
Co-operative companies 2030
Corporate meetings, where
held 2014
Corporate powers 2010
How granted 5780
Damages, insurance companies
shall pay, when . 2140
(Section unconstitutional. Phe-
nix Insurance Company v.
Hart. Decision Feb. 26,
1901).
Deposit and bonds required, 2034-2043
Deposits by foreign companies. . 2035
Deposit of life and accident com-
panies of other States 2042
Of home companies 2043
Directors, powers of 2014
Dividends, declaration of 2023
Stock dividend in lieu of
money 2024
Exemption, secret and inductrial
societies, etc 2067
Existence, certificates prima facie
evidence of 2012
Fees to be paid the Treasurer of
State 2011
Fees of the insurance commis-
sioner 2059
Fidelity Companies (see Insur-
ance Companies, Fidelity or
Guaranty) .
Formation of company and peti-
tion 2008
Form of certificate 2009
Franchise continues fifty years . . 2017
Forfeited if not organized with-
in two years 2017
Fraternal beneficiary orders (see
that title) 6411-6424
Exemption of 2067
Fraudulent policy, penalty for is-
suing 2063
Home companies, deposits of.... 2043
Incorporation of 2007-2030
Individuals doing insurance busi-
ness, general law applicable, 2071
Industrial societies, etc., exemp-
tion 2067
Insolvency, commisssioners duty
in cases of 2053
Proceedings in case of. . . 2052, 2053
Home companies failing to
maintain standard 2048, 2052
Insolvency of home companies,
proceedings 2048-2052
Investigation by commissioner. . . 2044
Investment of money of 2026
Law applicable to individuals. . . . 2071
License, contents of application
for 2033
Fidelity insurance companies.. 2068
Necessary to transact busi-
ness 2034
Things to be done, to obtain.. 2034
Penalty for acting without 2055
Licensed, companies must be 2032
License, how obtained 2033
Life insurance (see Insurance
Life) 2111-2119
Livestock insurance companies
(see Insurance Companies
Livestock) 2021
553
INDEX.
In
CIVIL LAW.
Insurance Companies — Continued.
Livestock and steam bolier com-
panies 2069
Lloyd's, subject to provisions ap-
plicable to other companies. . 2071
Loans by, authorized 2026
Marine insurance (see Insurance,
Marine) 2120-2133
Mutual insurance (see Insurance,
Mutual) 2134-2139
Mutual insurai ce companies, in-
suring against loss by bur-
glary (see that title) 6403-6410
Mutual or co-operative insurance
companies, general law ap-
plies 2030
Net profits, participation of stock-
holders in 2025
Notice of loss given, bonds to be
retained 2036
Oaths, Commissioner and inspec-
tors may administer 2070
Office buildings 2027
Officers, election of 2014
Organization of, under charter. . 2014
Penalty on agent of unauthor-
ized companies 2055
Petition and formation of com-
pany 2008
Pooling, competition, contracts
affecting, forbidden 2085
Complaints by citizens and cita-
tion 2086
Forum of suit 2088
Testimony, etc., practice as to, 2087
Powers under the charter 2010
Publication of annual reports. . . . 2064
Real estate, authority to own. . . . 2027
Receiver appointed, bond to be
given 2037
Registered bonds required to be
substituted by all companies, 6388
Regulations of 2044-2051
Reinsurance reserve 2028, 2045
Calculation of 2045
Calculations of, by commis-
sioners of other States 2047
Report to Commissioner 2034
Reserve and net profits 2025
Reserve and reinsurance 2028
Resident company insolvent or
fraudulently conducted, duty
of judge 2048
Reserve impaired, duty of com-
missioner 2052
Secret societies, exemption 2067
Secretary of State, charters
granted by 2007
Service, attorney may be ap-
pointed to receive 2058
Foreign companies to designate
person for 2082
On nonresident companies.... 2057
On nonresident, assessment,
etc., companies 2146
Shares of capital stock 2013
Steam boiler companies, general
laws applicable 2069
Stock deemed personalty 2016
Dividends, when declared 2024
To be paid in before beginning
business 2015
Transferable as personalty. . . . 2016
Stockholders, call on 2046
Liability of 2029
Subscription, nonpayment of .... 2015
Subscription books 2013
Suits against, venue 2145, 2146
Tax on gross receipts 2065
Defaulting penalty 877
Tax returns of 809-811, 877
Transfer of stock 2016
• Valued policy 2110
Withdrawal by company from
State 2039
All policies to be paid before. . 2041
Policies to be satisfied before. . 2041
Surrender of bonds deposited . . 2039
Insurance Companies, Accident.
Deposits of 2042, 2043
Powers under general Code char-
ter 2020
Insurance Companies, Assessment
Life 2071, 6162, 6394-6402
Annual report of business 2064
Failure to make such report or
pay tax 2066
"Assessment plan" policies .... 6402
"Assessment plan," to be boldly
printed ' 6394
Refusal, forfeits right to do bus-
iness : .. 6395
Return of excess 6396, 6397
Exemption, secret and industrial
societies, etc 2067
Fees to be paid to Insurance Com-
missioner 2065
Fraudulently procuring insur-
ance, penalty for 2063
Licenses to agents 2062
Licenses to do business, how ac-
quired 6398
Policies and certificates of 6399
Contents of 6402
Report, annual, of business,.... 2064
Failure to make such report or
pay tax 2066
Reserve required 6400
Societies to which §§ 6394-6400
apply 6401
Deposit of stock or bonds with
State Treasurer 6162
Industrial associations, etc., not
included 6162
In
INDEX.
554
CIVIL LAW.
Insurance Companies, Assessment
Life — Continued.
Sworn statement to be filed by
assessment companies, etc . .
2061, 6162
Insurance, Co-operative 2030
Insurance Companies, Fidelity or
Guaranty.
Agents of 2068
Attachment and official bonds,
sureties on 6620-6629
Attachment bonds, sole surety for, 6621
Bonds, collection of 6625
Bonds deposited, reduction or in-
crease in amount of 6629
Bonds of officers, acceptance as
surety on 6620
Conflicting claims, proceedings in
case of 662?
Contract of 2141
Corporate power estopped to
deny 2143
Default on bonds, remedy 6622
Definition of fidelity insurance. . 2141
Deposit required, withdrawal of. . 6623
Collection of coupons on de-
posit bonds 6624
State pledged to safe-keep
bonds 6624
Estopped to deny corporate
power 2143
License of 2068
Official bonds, may become secur-
ities on 247, 2141
Rebuilding, privilege of 2112
Receiver for bonds deposited.... 6625
Application of proceeds 6626
Bonds to be delivered to a re-
ceiver 6626
Sale by receiver 6626
Recovery, amount of 2109
Return of excess 6397
Suable, where . 2144
Sureties on bonds, what compa-
nies may become 2142
Venue of suits on secured bonds, 2144
Withdrawal of companies from
State 6628
Insurance Companies, Fire.... 2089-2113
Alienation, effect of 2102
Amount of recovery 2109
Application, in good faith re-
quired in 2097
Calculation of reinsurance re-
serve 2045
Capital stock, increase or diminu-
tion of 6387
Notice to stockholders 6387
Change of property voids policy,
when 2100
Changing property, insurance of, 2092
Charter, powers under general
law 2019
Concealment, effect of 2099
Construction of contracts 2093
Contracts defined, must be in
writing 2089
Copy of policy to be attached to
petition 4963
Deposits, law as to 5794
Diligence by the assured 2096
Estimation of value 2111
Foreign fire insurance compa-
nies (see Insurance Compa-
nies, Foreign Fire) 6389-6373
Good faith required in the appli-
cation 2097
Husband may insure for wife. . . . 2090
Hypothecate and pledge, right of
assured to 2102
Increasing risk 2100
Insurable interest defined 2090
Interest of another, insuring of . . 2091
Interest of assured 2090
jlijss, what is 2094
Loss, unknown to the parties.... 2095
Misrepresentation, effect of .... 2098
Willful misrepresentation voids
policy 2101
Notice of loss to treasurer by
policy holder 2036
Operation of law, transfer by.... 2106
Parent may insure for child 2090
Partial sale 2104
Persons who may take insurance, 2115
Powers under general Code char-
ter 2019
Recovery back by insurer 2113
Rebuild, right to 2112
Regulations, right of insurer to
prescribe 2108
Reinsurance by insurer 2091
Representations are covenants... 2097
Sale, partial, effect of 2104
Second insurance 2107
Semi-annual reports to Governor, 5795
Transfer after loss 2105
Or by operation of law 2106
Transfer to one of several 2103
Unknown loss 2095
Valued policy 2110
Value, estimation of 2111
Writing, contracts must be in. . . . 2089
Insurance Companies, Foreign.
Calculation of reserve 2047
Certificates of foreign commis-
sioners 2051
Comity as to agents 2062
Commissioner's duty, when value
reduced below standard 2050
Deposits by 2035
Deposits of life and accident com-
panies of other State. . . 2042, 5791
Same burdens as imposed on
home companies by foreign
States 2060
Service on agent 2057
555
INDEX.
In
CIVIL LAW.
Insurance Companies, Foreign Fire.
Contracts of fire insurance, how
made 6389
Expenses of examination, failure
to pay 6393
Fi. fa., may issue, by Comptrol-
xer-general 6393
Forfeiture of right to do busi-
ness 6392
Investigation as to violation. . . . 6391
License, prerequisites of 6390
Insurance Companies, Life.
Calculation of life policies 2049
Charter, powers under general
law 2018
Contract of, defined . . . . 2114
By whom taken 2115
Payment to be made to whom, 2116
Death by hands of justice 2118
Deposits required by State, 2042, 2043
Fire insurance laws applicable.. 2117
Insolvency, proceedings in case
of 2052, 2053
Law of fire insurance applicable, 2117
Net value of life policies, calcu-
lation of 2042-2049
Net value not on hand, proceed-
ings 2050
Nonresident companies, deposits
of 2042, 5791
License by Comptroller 5792
Semi-annual reports to Gov-
ernor 5795
Payment to be made to whom. . . . 2116
Powers under general Code char-
ter 2018
Resident companies, deposits re-
quired of 5793
Semi-annual reports to Governor, 5795
Statements by 2061
Suicide releases insurer 21i8
Time, how counted 2119
Valuation by Commissioners of
other States 2051
Insurance Companies, Live-stock.
Agents of 2069
General law applies to 2069
Powers under general Code char-
ter 2021
Insurance Companies, Marine.
Continuance of risk 2127
Contract of 2120
Damaged property, owner or mas-
ter of vessel must care for.. 2133
Deviation, voids policy, when. . . . 2125
Double insurance 2122
Former rules applicable 2131
Illegal voyage 2124
Implied warranty 2123
Increase of risk 2128
Open policy 2129
Owners or masters of vessels,
must care for damaged prop-
erty
Owners' of merchandise on ves-
sels, rights of
Perils of the sea, defined
Rights of owners of merchandise
on vessels
Unlawful commerce not insur-
able
Value, how ascertained
Insurance Companies, Mutual.
Agencies of foreign companies to*
be licensed
By-laws, a part of the policy....
Contract of
Foreign companies, agencies of,
to be licensed
General law, how far applies. . . .
Good faith, stricter required
Law governing
Licensed, agents of foreign com-
panies to be
Officers are agents of all the as-
sured
Reducing funds, liability for ....
Stricter good faith required ....
Insurance Companies, Mutual, In-
suring against loss by bur-
glary.
Annual statements
Copy of charter and statement to
be filed
Contents of such statement. . . .
Liability of policy holders
License to do business
Conditions prerequisite to
transact business •
Penalty for violating law
Reinsurance reserve impaired,
effect of
Reinsurance reserve of 50 per
cent, required
Restrictions on business
Service, attorney to be appointed
on whom process can be
served
2133
2132
2126
2132
2121
2130
2139
2135
2134
2139
2030
2138
2134
2139
2136
2137
2138
6409
6405
6405
6407
6403
6404
6410
6405
6406
6406
6408
Insurrection.
Command of volunteers by Gov-
ernor, in case of 1180
Governor's duty in case of, 1191, 1229
Insurrection or Invasion.
Governor's power
118, 119, 1168, 1169, 1229
Intention.
Cardinal rule of construction.... 3673
Construction of estate conveyed,
intention governs 3083
Parol evidence to prove inten-
tion 3083
Construction of statutes 4, 123
Contracts, intention of parties
to 3673, 3675
In
INDEX.
556
CIVIL LAW.
Intention — Continued.
Differences among parties, rule
governing 3674
Patent defects, intentions of par-
ties as to 3560
Parol evidence admissible 3560
Residence, intention as fixing....
1825, 1829
Will, intention of maker governs
3254, 3324
Interest.
Disqualification in case of Com-
missioner to take depositions, 5303
Judge, disqualified by holding
bonds, when 5834
Witness not disqualified by 5269
Interest and Usury (see Usury) . . .
2876-2893
Accounts bear interest, when.... 2885
Back interest, recoverable, when, 2879
Banks, rates charged by 1957
Breach of contract, interest from
date of 3800
Building and loan associations,
rate of 2388
Commissions, when not usurious, 2887
Demand, interest only from,
when 2881
Fiduciaries, interest, how charged
against 3496-3498
Forfeiture of excess 2888
Pleaded as set-off, when 2889
Suit for forfeiture, how barred, 2891
Garnishee liable for, when 4725
Insolvent, cannot pay usury,
when 2878
Judgment to be entered for prin-
cipal and interest 5341
Bear lawful rate 2882, 5341
Lawful interest, what is 2896
Legacies bear interest, when.... 3328
Legal rate of interest 2876
Lex loci, interest and usury con-
trolled by 2880
Liquidated demands, interest on, 2884
Merchants' accounts, interest on, 2885
Officers, for money collected, rate
of interest against 4771
Payments, how applied to inter-
est 2883
Plea of usury, how filed 5090
Rent contracts 3128
Repeal of inconsistent laws .... 2893
State's money, interest on 984
Surety, interest allowed on sum
paid by 2993
Tax ft. fa., interest on 731, 887, 889
Titles tainted with usury, void.. 2892
Usury, definition of (see Usury) . .
2877, 2886
Interest from date on usury,
when 2879
Usury, if beyond eight per
cent 2886
Interlocutory Decrees and Orders.
Rendered, when 4847
Internal Improvements.
Restrictions on legislature as to. . 5890
Interpleader.
Affidavit to petition for 4897
Collateral interpleading 4898
Equity will compel claimant to
interplead, when 4896
Remedies, how enforced 4899
Interpretation (see Construction).
Contracts, interpretation of
3673-3675, 5202-5206
Estates, rules for construction of
3083-3086
Statutes, rule for construction of, 4, 5
Wills, rules for construction of. .
3324, 3325
Interrogatories and Depositions
... 5297-5321
Commissions by mail 5667
How taken without 5313
Irregular commissions 5666
Mode of obtaining commission, 5299
Commissioner for certain coun-
ties (see Court Commission-
ers, below) 5315, 6201
Commissioners, appointment of. . 5302
Compensation of Commission-
ers 5303
Duty of Commissioners 5308
Return of depositions 5320
Shall stand perfectly impartial, 5303
Who may act 5303
Compelling witnesses to answer, 5305
Continuance for nonreturn of . . . . 5136
Corporations return of, interroga-
tories and depositions to
3954, 3956
County court, interrogatories and
depositions in 4207
Court commissioners appointed in
certain counties 5315, 6201
Appointment of 5315
Fees of 5321
Form of caption 5317
How returned and opened .... 5320
Motions and objections made
and returned 5318
Order and scope of examina-
tion 5319
Orders of commissioner, how
executed 5322
Power of commissioner 5321
Subpoena duces tecum, authority
to issue 6201
Cross-examination, right of 5301
All parties may cross 5301
Depositions, by whom taken.... 5316
557
INDEX.
In
CIVIL LAW.
Interrogatories and Depositions — Cont'd.
Discovery at law 3953-3957
Disco-very in equity .... 3949, 4962
Examined on interrogatories,
when 5297
Exceptions to, how made 5314
Executed in what manner 5304
Facts ceasing to exist, deposi-
tions excluded 5298
Failing to return, a contempt. . . . 5312
Form of caption, certificate, etc. . 5317
Form of commission to take.... 5663
Formal -execution of 5308
Justices' courts 4132
Leading questions, exhibits 5668
Notice, where opposite party can-
not serve 5300
Opened, by whom 5310
Perpetuation of testimony
3958-3963, 3966
Pilotage; Commissioners, cita-
tions to answer 1677, 1681
Place of examination 5306
Received and disposed of, how.. 5311
Reception and delivery of 5309
By whom and how received and
opened 5310
Return of depositions 5320
Rules of court governing. . 5663, 5668
Sealing and transmission 5308
Duty of postmaster 5308
Several parties, copy to be served
on each 5301
Cross interrogatories may be
filed by each 5301
Time allowed for return 5665
United States and other States,
commissions sent from .... 5305
Wills, depositions of witnesses to, 3287
Witnesses names to be distinctly
specified 5664
Written memoranda^ witnesses
answering, how 5307
Writing out their own answers.. 5307
Interstate Building and Loan Asso-
ciation 2393-2406
Annual fees to State Treasurer. . 2403
Annual statement required 2402
Bonds of officers 2404
Penalty for failing to give.... 2404
"Building and Loan Association,"
includes what 2398, 6173
Ceasing business, §§ 2393-2406 do
not apply to 2405
Ceasing to do interstate business,
§§ 2393-2406 do not apply to, 2405
Section 2405 repealed 6174
Deposits by foreign companies.. 2395
Deposits by such associations of
this State, doing business out
of this State 2393, 6172
Deposit by home companies doing
business elsewhere 2393
Interest, dues, etc., on such de-
posits 2394
Fees of Secretary of State. . . 2395 (4)
Fees to State Treasurer 2403
Foreign associations, deposits by, 2395
Fees of Secretary of State, 2395 (4)
Requisites for doing business.. 2395
Foreign companies, process
against 2396
Licensed, how 2406
Process against foreign compa-
nies 2396
Reciprocity 2397
Sale of stock to nonresidents, a
misdemeanor, when 2400
Stock subscriptions, solicitation
of, a misdemanor, when .... 2399
Usurious, fines, etc., not so, when, 2401
Interstate Law.
Building and loan associations.. 2393
Comity of States
9, 1817, 1846, 5148, 5357
Commerce commission 2204
Decrees in equity 4854
Disability of parties to contracts, 3655
Domicile 1825, 1830, 4954
Interest charges 2880
Lex loci, how far governed 8
Marriage laws 2424
Wills, personalty as effected by. . 8
Intervention.
Creditors' petitions 4845
Lien holders on property in re-
ceiver's hands 4911
Money rules 4776, 4845
Property in hands of receiver. . . . 4903
Intoxicating Bitters.
Inspection of, law regulating, 1531-1534
Liquor dealers, special tax of. .790, 801
Tax receiver to return dealers
in, how 831
Minors, action for furnishing liq-
uor to 3871
Retailing liquors, law as to, 1519-1540
Special taxation of dealers.. 790, 801
Intoxication (see Drunkards;
Drunkenness).
Competency of witnesses as ef-
fected by 5274, 5276
Contracts, effect on 3654
Marriage contract, effect on .... 2414
Testamentary capacity, effect on, 3268
Intruders (see Forcible Entry and
Detainer).
Affidavit to set forth what 4808
Camp grounds, intrusion on .... 2358
How ejected 4812
Counter affidavit of person in pos-
session 4808
Return of affidavit and trial... 4810
Sheriff may administer oath... 4809
County judge may evict 4217
In-Jo
INDEX.
558
CIVIL LAW.
I ntruders — Continued.
Ejected in what manner 4808
Affidavit to set forth, what 4808
Intrusion on camp grounds 4812
Notice to tenant 4821
Officer failing in duty 4822
Proceedings against 4808-4812
Sheriff may administer oath 4809
Special proceedings not affected
by Code 4972
Writ of possession, may issue,
when 4811
Invasion.
Duty of resident commanders in
case of 1231
Duty of volunteers in case of . . . .
1168-1178
Governor's duty in case of
118, 119, 1169, 1229
Military may be called out by
Governor 118, 119, 1169, 1229
Inventory.
Assignments, inventory to 2704
Estates, law as to inventory of. .
3407-3414
Guardian's duty to make 2540
Public property, inventory to be
made annually 275-280
Testators, right to dispense with, 3278
Trustees investing in State secur-
ities 3181, 3435
Return of trustees 3167
Investments.
Administrators 3432, 3435
Unclaimed fund, investment by
administrator 3512
City bonds 3180, 3435
Executors 3316
Guardians 2545, 2550, 2551, 3232
Trustees, investments by.. 3180, 3432
Iron Safes.
Procured for counties, how 352
"Issue."
Defined to mean children 3084
Issue and Increase.
Amendment to, to include 5100
Animals on land, increase of . . . . 3074
Follow condition of mother 3075
Hired things, increase of 2904
Loaned things, increase of 2952
Legacy, increase goes with,
when 3327
Pawns and pledges 2965
Tenant for life, increase belongs
to 3091
Issuable defense.
Judgment by court where none
filed 5076-5078, 5669, 5848
Issues.
Claim cases 5646
Collateral issues, how tried 4948
Petition and answer make,
Verdict must cover ,
5067
5329
Issues of Fact.
Equity, issues of fact, how made
up in 4849, 4850
Itinerant Persons.
Venue, of suits against 1825, 4954
Jacks.
Liens in favor of owners of . . . .
2787 (12), 2811
Jailers.
Jail fees in bail, trover 4610
Liability of, to suits, etc........ 4769
Sheriff, liable for misconduct of. . 4379
Tax levy to pay 404 (3)
Jails.
City commitments, fees, how
paid 707
Construction and repairs 352, 355, 395
Grand jury inspects jails 356
Contract for building or repairing
344-346
Erection and repair of . . . 352, 355, 395'
Inspection of 356
Penalty for injuring 358
Sheriff as keeper of 354
Tax to build or repair 404 (2)
Volunteer Forces, protection of
prisoners 1179
Jefferson Davis' Birthday.
Public Holiday 6640
Jeopardy.
Twice in, forbidden 5705, 6018
Jewish Marriages 2421
Joinder (see Parties; Pleadings).
Joinder of Actions.
Ex contractu and ex delicto cases,
not joined 4944
Legal and equitable actions, join-
der of 4833-4840, 4937
Against different persons 4938
Joinder of Parties.
Parties, joinder of 4939, 4940
Joint Authority.
Majority may execute 4
Joint Contractors, Obligors, or
Promisors.
Appeals by corporations 4460
Attachments may issue against. . 4522
Co-partners, how sued 5015
Judgments against, bind, how. . 5010
Death of one, pending action.... 5009
Infancy pleaded by one 5011
Ne exeat in cases of 4886 (1)
New promise by one 3792
Representative of deceased obli-
gor may be sued 5014
Statute of limitations, joint
rights, how effected by .... 3784
Suits against in county courts . . 4202
In justices' courts 4078
559
INDEX.
Jo-Ju
CIVIL LAW.
Joint Contractors, Obligors, or
P ro m i so rs — Continued.
Suits proceed against defendants
served 5009
Venue of suits against, 4952, 5872, 5873
Joint Owners.
Claim may be interposed by one
for all 4617
Joint Stock Companies.
Illegality to execution
Judgment and execution against.
President may defend suits
President shall give stockholders'
names
Remedy cumulative
Service of process and notice. . . .
Suits against members, how
brought
1897
1894
1896
1895
1898
1893
1892
Joint Tenancy.
Abolishment of (see Tenancy in
Common) 3142
Law relating to 3146
Joint Tort Feasors.
Suits against 3853, 3873, 3915, 4940
Joint Trespassers.
Contribution amongst 3916
Damages against, verdict 3915
Joinder of actions
3853, 3873, 3915, 4940
Procurer of wrong, joint wrong-
doer 3873
Venue of suits against 5872, 5873
Journal
Governor's official acts, journal to
be kept of 141
Secretary of State, kept by 181
Journals of General Assembly (see
General Assembly)
181 (1), 306, 308, 322, 323
Distribution of, by State Libra-
rian 154, 165-169
Each House to keep journal.... 5767
Journals, where kept 5768
Journeyman Mechanics.
Garnishment, wages exempt
from 4732
Judge Advocate 1097
Judge.
Death of, before signing bill of
exceptions 5545
Failing to sign, how compelled, 5546
Disqualification, grounds of 4045
Previous employment of judge
as lawyer, may be waived . . . 4045
Election of 4310, 5863
Election of, by the people, 5840, 6212
Interest as disqualifying 4045
Interest in bonds 5834
Relationship as a disqualifica-
tion 4045
New trial, motion declared in
what time 6227
Noncompliance, ground for im-
peachment 6228
Pending motions, above section
applies to 6229
Salaries of 287, 5864
Salaries may be changed , 5865
Term of office
2, 4310, 5839, 5841, 6212
Vacancies in office 5840, 2, 6212
Filled by Governor 5863
Judge, Disqualification of.
Interest as disqualification 4045
Bonds held by judge 5834
Ordinary or adjoining county to
act, when 4227
Provisions of law as to
4326, 4327, 5850
Relationship 4045
Supreme Court judge, Governor
designates 5505, 5803
Judge of City Court (see City
Courts).
Alternate with superior court,
judge may 5851
Appointment and powers of (see
City Courts) 4278-4238
Judge of County Court (see County
Court) 4171-4180
Appointment of 417L 4172
Bailiffs appointed by 4189, 4190
Clerk, right to appoint 4186
Confess judgment, judge may. . . . 5360
Disqualification of 4045
Jurisdiction of 4193, 3195
Office kept at what place. . '4181, 4185
Powers of, as to witnesses, etc . . 4207
Practice law in other courts,
right to 4175
Salary of 4173
Tenants, intruders, etc., jurisdic-
tion as to 4208
Term of office 4172
Vacancy in office, how filled.... 4174
Judge of Superior Court 4310-4338
Adjournment made in vacation. . 4344
Assignees, bond of, may be re-
quired 3166
Attachments against fraudulent
debtors, may issue .... 4543-4548
Attend sessions, duty to 5495
Authority out of circuit 4322
Authority of judge, specified . .
4321, 5846
Banc, proceedings in 4335-4338
Bill of exceptions, objection, how
removed 5534-5545
Mandamus to compel signing. . 5546
Bondholding judge disqualified,
when 5834
Certiorari out of circuit may
grant, when 4636
Ju
INDEX.
560
CIVIL LAW.
Judge of Superior Court — Continued.
Chancellor, powers of
4321, 4847, 4851, 4864, 4924
Change of circuit court will not
oust 4314
Charge in writing 4318
Filing of charge so given. ..... 4319
Clerk, when appointed by 4329
Constitutional amendment. . . 4-6, 6212
Courts, duty to hold as law pre-
scribes 4315
To be held twice a year 4340
Direct verdict, authority to 5331
Disqualification of (see Judge,
Disqualification of, above) . . .
4045, 4326, 4327, 5834, 5850
Dockets of, rules relating to.... 5657
Duties required by law, must dis-
charge 4317
Eligibility 4312, 5866
Executions, authority to frame. . 5420
Habeas corpus jurisdiction in
cases of 4321. 5846
Homestead, sale under judge's
order 5914, 5920
Impeachment, grounds for 4328
Injunctions, how and when
granted (see Injunctions) . . .
4915-4925, 4967
Judgments, confess in their own
courts, judges may 5360
Judgments without a jury, when
rendered 5076-5078, 5669, 5848
Form of judgment 5670
Jurisdiction specified 4321, 5846
Co-extensive with State 4316
Official acts not done out of
State 4330
Mandamus against, to compel
signing a bill of exceptions.. 5546
New trials, right to grant or re-
fuse 5486-5723
Death of judge as effecting. .
5860, 5723
Nonsuit for improper conduct of
counsel 4419
Oath of 4311
Opinion on facts, expression for-
bidden 4334
Ordinaries to be qualified by.... 4220
Review of action of, as to extra
tax 396
Practice law, right to, denied... 4313
Pro liac vice, appointment of . . . .
4326, 4327, 4329
Qualifications 4312. 5866
Rebuking counsel for improper
conduct 4419
Rules of practice, right to estab-
lish 4332
Other rules void 4333
Sheriffs, bond of, duty to approve,
when 4373, 4375
Special terms, authority to hold, 4345
State cases shall speed 24
Supreme court, preside in, when
5505, 5843
Trust estates, power over.. 3172, 4863
Trustees, power over 3164-3166
Sales by, judge's duty as to 3178
Vacation, powers in
3164, 3472 4321, 4325, 4864
Verdict, directs, when 5331
Writs which may be issued by. . . .
4321, 5846
Judges of Supreme Court (see Su-
preme Court).
Authority of 5498
Chief justice 5499, 5501, 5503
Concurrence necessary to rever-
sal 6261, 6258
"Court as a whole," means what, 6254
May decide all cases 6259
Decisions of, how reversed, 5588, 6264
Disagreements, effect of, where
two sit 5587
Disposition of cases prior to. 1897, 6257
Disqualified in certain cases, 4045, 5856
Who presides in cases of dis-
qualification 5505, 5833
Divisions, how composed. . 6255, 6260
Change of personnel 6255
Designation of division 6256
Presiding justices of divisions, 6256
Powers of either division 6258
Election of 5499, 5863
Eligibility of 5500, 5866
Four sitting, equally divided, ef-
fect of 6261
Minutes and reports to show
which justices concurred and
which dissented 6266
Number concurring to authorize
reversal 5587
Number of 5832
Oath of 5502
Order of circuits, duty to fix 5559
Order to be published 5559
Prior laws, how far of force 6265
Quorum of judges 6253
Reargument, when 6260
Rules of court, power to make. . . . 6263
Salaries 287, 5864, 5865
Sit in. a body or in separate divi-
sions 6253
Term of office 5501, 5835
Two may hold court 5503
Two justices only presiding 6259
Vacancies, how filled 5504, 5863
Judge Pro Hac Vici.
Appointed in what cases
4227, 4326, 4329
Judgments 5339-5361
Accounts, judgments on, without
proof 5077
Administrators, judgments how
entered against 3508, 5344
561
INDEX.
Ju
CIVIL LAW.
Judgments — Continued.
Alienation in cases of appeal, first
judgment prevents 5352
Amendment of judgment 5113
Appeal, all bound by final judg-
ment 4462
First judgment prevents aliena-
tion 5352
Judgment on appeals 5342
Signed up, how 5342
Suspends judgment 5340
Arrest of judgment (see Motion
in Arrest* below)
5362-5365, 5367, 5675
Assignee, scire facias in favor of. . 5384
Attacked, when and how
5368, 5371, 5373
Attachments, judgment and exe-
cution 4575-4580
Attack on, for fraud 4565
Attachments for purchase money,
rank of judgment 4539
Attorney at law, judgments
signed by 5339
Authentication of foreign judg-
ments 5237
Barred, when (see Dormant Judg-
ments, below) 3761
Bonds, judgment on 5345
Judgments on, without proof. . 5077
Choses in action, not bound by. . 5353
City court judgments, lien of . . . . 4300
Clerk, for transmitting record to
supreme court 5400
Collaterally attacked, judgments
cannot be 5368
Conclusiveness of
3741, 5233, 5348, 5372
Cor elusive of what 3742
Surety, conclusiveness as
against 2981
Confession of, where and when
allowed 5359
Judge may confess judgment in
his own court 5360
Right of confession and appeal, 5361
Contract not to enforce 5445
Control of, by surety 2985, 2989
By indorsers 2990
Corporations, etc., judgments
against 1894
Costs against executors, judg-
ments on 5344
County, judgments rendered in
Another county 2780, 5356
Liens of judgments against. . . . 363
Creditors' right to attack. . 2689, 5371
Creditors' without, may ask re-
lief, when 2715
Decrees in equity (see Equity)
3944, 4851-4862
Default, judgments by (see Judg-
ments by Default) 5069-5079
Rendered by court.. 5071, 5076, 5848
36— Ga. Code
Demurrer sustained upon the
merits, effect of 3744
Dignity and binding effect of . . . . 5351
Direct verdict, court may in what
cases 5331
Divorces, judgments disposing of
property 2442, 5074
Wife's name changed 2446
Dormant judgments... 3761, 5377-5384
Barred after seven years 3761
Debt of record 3763
Debt on, where to be brought. . 5379
Decrees become, when ........ 4861
Record when no execution
docket 3762
Revived by scire facias 3761
Renewed in what manner 5378
Revival against nonresidents.. 5382
Revived, how 5378
At what term , 5383
Scire facias to revive, where
brought 5381
Scire facias not original action, 5380
Scire facias in favor of as-
signee 5384
Tax fi- fa 890, 891
Effect of, as evidence 5233, 5372
Effect on party vouched into
court 5234
Ejectments, conclusiveness of
judgment 5005
Entered and signed up, when and
how 5339
Equity may set aside. . 3987, 4032, 5370
Setting aside judgments for
good defense 3988
Estoppel by 3741, 5150, 4348
Evidence, effect of judgment as. . 5233
Effect on party vouched into
court 5234
Executions must follow judg-
ments 5417
Issued at what time 5415
Executors, etc., judgments for
costs against 5344
Faith and credit to foreign judg-
ments 5237, 6002
Foreclosures of liens and replevy,
judgments as in other cases, 2817
Foreign judgments, bar after five
years (see Foreign Judg-
ments) 3760
Authentication of 5237
Complete defense 3741
Faith and credit to foreign judg-
ments 5237, 6002
Not a bar, when 5095
Parol evidence to show subject-
matter not embraced 3743
Proof of 5237
Form of judgment by the court. . 5670
Ju
INDEX.
562
CIVIL LAW.
Judgments — Continued.
Fraud annuls
2689, 3988, 4032, 5368, 5371
Attachment judgments set
aside for 4565
Garnishee, judgments against. . . . 4719
No judgment against until judg-
ment against defendant .... 4726
Illegality cannot go behind, when, 4742
Impeachments, judgments in.... 5760
Indorsers and sureties, judgments
against 2977, 5343
Innocent purchasers, attacked by, 5371
In rem, conclusiveness of 5372
Interest and principal, judgment
to be entered for 2882, 5341
Interlocutory judgments 4847
Joint debtor may control fi. fa.,
when 5376
Jurisdiction lacking judgments,
void 536!)
Jury, rendered without, when.5076, 5848
Justices' courts, dignity and lien
of judgments 4157-4159
Justices' courts in other States,
proof of 6239
Rendered out of place, judg-
ments, void '. 4108
Security, judgments against... 4158
Set-off, judgments for excess
of 5088
When void 4108
Justices of the peace, judgments
by 4137
Lien of judgments, 2787 (2), 5348-5358
Against nonresident defend-
ants 51856
Attachments, lien of judgments
as against 4578
Future interest in personalty,
judgment attaches to 5452
Liens of, confirmed 2788
On property out of county.... 2780
On property removed from
State 5357
On transferred property, how
discharged 5355
How lost 5356
Purchase money of land, lien
for 2788, 5432, 5433
Trover and trespass cases, lien
in 5358
Limitations of suits upon judg-
ments 3760, 3761
On motions to set aside 3,764
Lis pendens 3936
Motions in arrest of . . . 5362-5367, 5675
Amendable defects, no ground
to arrest 536i
Defects in pleadings, when good
ground 5364
How urged 5675
Jurisdiction of the motion 5367
Nature of motion in arrest. . . . 5363
Notice to opposite party 5367
Motions to set aside, when made
3764. 5363
Moulded, judgments may be. 4785, 5333
Nonresidents of county, lien
against 2783, 5356
Nonsuit, when granted 5347
No bar to subsequent suit 5347
Partition cases 4792-4796
Partners, judgments against, bind
what 4736
Partnership, judgments in favor
of, or against 2638, 5346
Payments on, duty of attorney to
enter acknowledgments .... 5639
Perjury, judgments obtained by,
how set aside 5366
Plea of, as a bar 3741, 5094, 5348
Purchase-money judgments 4540
Quo ivarranto cases 4884
Recorded, when 2779, 2780, 5356
Rendered without jury, when. . . .
5076, 5848
Renewal on court roll unneces-
sary 5377
Rent, paid in kind, not subject to
lien of 3127
Judgments for, rendered at first
term 3128
Replevy bond, lien of 2817
Revival of judgments 5378
Road Commissioners, lien of .... 550
Sales to secure debts, judgments,
how enforced 5432
Satisfaction of judgments, 5442, 5445
Scire facias to revive dormant
judgments, where brought. .. 5381
In favor of assignee 5384
Is not an original action 5380
Set aside, motion to, when barred
3764, 5363
Set-off of 3748
Assignee's rights not effected . .
3748, 5086
Judgments for excess 5088
Signed, how and when 5339
Signed by attorney at law.... 5339
Supreme court, decisions of, 5582-5589
Judgment and remittitur. . 5594-5599
Rank of judgments affirmed by, 5350
When and how rendered 6290
Sureties, control of judgment by
2985-£989
Controlled by indorsers 2990
How signed in justices' courts, 4158
Judgments, how signed against
2977, 5343
Taxes, to convey, void 885
Term, judgment rendered at
same, equal in date 5349
Toll-«otton, not subject, when 5354
563
INDEX.
Ju
CIVIL LAW.
Judgments — Continued.
Transfer of 3682, 5374
Assignor, not liable, when 3683
Attorney may transfer judg-
ment or execution 5375
Transfer to be in writing, 3682, 5374
Transferred property, lien on,
how discharged 5355, 5356
Trespass, effect of judgments in. . 5358
Trover, effect of judgments in 5358
Trast deeds to secure debts; lien
of judgment 6357
Trust estates, judgment against,
not bind trustee 3206
Unconditional contract in writing,
judgments on 5669, 5848
Form of judgment 5670
Validity, constitutional provision
as to 5937
Void, when 5369, 5373
Vouching, effect of 5234
Judgments by Default
5069-5074, 5077, 5078
Appearance docket to be called
and default entries made.... 5069
Assessment of damages on de-
fault 5073
"Default," entry sufficient without
formal entry 5077
Divorce cases, no judgment by de-
fault in 2442, 5074
Judgments without a jury, when, 5076
Jury trial in cases of 5077
Opening default at trial term. . . . 5072
Defendant must show what. . . . 5072
When and at what terms
5070, 5071, 5654
Verdict in default cases 5078
At trial term -. 5071
When opened, and upon what
terms 5070. 5071, 5654
Judgments for Purchase Money.
Obtained in what manner 4540
Judicial Department.
Separate from other departments, 5720
State of Georgia 5831-5881
Unconstitutional laws to be de-
clared void 5733
United States 5996-6001, 6024
Judicial Districts and Circuits.
Enumeration of 4339, 5946
Judicial Notice.
Extends to what 5148
Judicial Officers.
Disqualified in what cases 4045
Judicial Power.
•Powers of courts specified 4047
Rules of court, binding forces of. 4044
Vested in what tribunals... 4048, 5881
Judicial Sales (see Sales. Public)
... 5455-5467
Jurisdiction.
Adjoining district has jurisdic-
tion when 4114
Administration, application for
letters of 3393
How removed 3516
Admitted by filing what plea. . . . 5080
Amendment, jurisdiction shown
by 5098, 5107
City courts 4271
Concurrent, court first taking re-
tains 3943
Consent not confer 5079
Corporations, suits on contracts
of 1900
Counties divided by water 30
County courts (see County
Courts) 4193-4203, 4208
Jurisdiction, as to personalty. . 6189
Domicile determines, when, 1824, 1830
Equity, jurisdiction 3921
Extent of 3941, 3945
Garnishment against corpora-
tions 1901
Judgment without, a nullity 5369
Justices' courts 4110
Justices of the peace. . 4068, 4078, 5856
Minor, jurisdiction to bind out
minor 2606
Persons, State's jurisdiction as to
22, 1815
As to places 21
Pleas to the jurisdiction. . . . 5079-5084
Contents of plea 5082
Mode of pleading 5081
Must be sworn to 5083
Probate of wills 3279, 4232
State, extent of 1815
Sovereignty and jurisdiction of
21, 24
Territorial jurisdiction of ... . 21
Superior court (see that title) . .
5842-5851
Of judges of 4316, 4321
Supreme court 5836
United States as to bridges 374
Over certain land 25, 28
United States courts 5997, 5998
Venue determines 2004, 2006, 4954
Waiver, effeet of 5079
Jury and Jurors (see Penal Code).
Adjourned and special terms of
court 4345
Affidavits of, as to verdicts 5338
Certificate received for taxes.... 409
City courts 429S-4298, 4303
City residents competent in a
city case 754
Compensation of jurors 5878, 6237
Tax levy to pay 404 (6), 5892
Conscientious scruples of, in di-
vorce eases 2433
Ju
INDEX.
564:
CIVIL LAW.
Jury and Jurors — Continued.
County, competency in cases ef-
fecting 55S
Inhabitants competent 340
County may tax to pay 5892
Credibility of witnesses for the
jury 5146, 5294, 5295
Damages, discretion as to 3S03
Dentists exempt from jury duty. . 6486
Direction, bills for. no jury., when. 4855
Direction of verdict 5331
Discretion of jury as to damages. 3803
Divorce cases, competency of ju-
rors in 2443
Equitable proceedings, jury trial.
when necessary 4849
Equity cases 4847-4850
Evidence, preponderance of, for
the jury 5146
Exemptions. railway postal
clerks exempt 6214
Forcible entry and detainer cases.
trial by jury 4S23-4825
Grand jurors, competent as trav-
erse jurors '. . 5877
Impartial jury, right to trial by.
guaranteed 5702. 5876
Impeach verdict, jurors cannot.
but may sustain 5338
Impeached witnesses, what credit
to be given to 5295
Inferences which jury may draw. 5157
Inhabitants competent 340, 558
Judges of the law and the facts
in criminal cases 5723
Judgment without, when... 5076. 5848
Jury fee in forcible entry and de-
tainer cases 6233a
Justices' courts 4144-4147
Appeal cases, juries. how
drawn 4143
Oath of 4144
Law as to (see Penal Code) 4452
Number of trial, or traverse jury, 5876
Nuisance cases, jury, how ob-
tained in 4765
Oath of jury in claim cases 4623
In forcible entry and detainer
cases * 4827
In justice's court 4144
Per diem of, in court of ordinary, 6237
Physicians to be on jury for com-
mission as to sanity. . . . 2586, 2587
Preponderance of evidence to be
determined by 5146
Private knowledge, juror not to
act on 5337
Public roads damaged, jury in
cases of 557-562
Railway postal clerks, exempt
from jury duty 6214
Right to trial by jury preserved
inviolate 5702, 5876
Road Commissioners, exempt
from jury duty 588
Selection of jurors 5877
Striking, time for 5672
Sustain verdict, jurors may, but
cannot impeach 5338
Traverse jury, members of 5876
Vacation, jurisdiction to act in
without jury 4855
Verdict and its reception. . . . 5329-5336
Directed, when 5331
Sustained by jurors, but not im-
peached 5338
Volunteer forces exempt 1200
Jury Commissioners.
County Commissioners not eli-
gible 6215
Jury Trial.
Auditor's reports, exception to. . 4595
Equity cases 4847-4850
Impartial trial by jury 5702, 5876
\ acation, none needed in 4855
Just Compensation.
Condemnation of private prop-
erty for public use. method
of 4657-4686
Private property condemnation
for public use 3055, 5729, 6018
Justice.
Means justice of the peace 5
Justices' Courts 4051-4161
Accounts, how proved 4130
Appeals, allowed, when 4138
Appeals in forma pauperis. 4142, 6192
Appeals to jurv in justices'
courts 4138-4146
How tried 4143
Appeals to jury in either jus-
tice's courts, or superior
court 4141
Appeal allowed only in one
court 4141
Damages for frivolous appeal.. 4473
Effect of 4470
Juries, how drawn 4143
Pleas must be in writing, when, 4139
Passing to the appeal, before
judgment 4140
Time and place of entering. . . . 4138
Appeals to the superior court. . . . 4142
Law as to 4453-4473
Attachments returnable to 4518
Traverse of attachments 4560
Bail in justices' courts 4124
Bank and other stock, how levied
on 4168
Certiorari in appeals from jus-
tices' to superior courts 4149
Certiorari to judgment of 4637
Right to, in all cases 4148
City, place of holding in 4102
565
INDEX.
Ju
CIVIL LAW.
Justices' Courts — Continued.
Claim cases, continuance of 4152
Time, place, and manner of try-
ing 4151
When and how interposed. . i . 4150
Bond in such cases 4151
Commencement of suit, date of
summons is 4117
Constables, compensation for car-
rying property levied upon to
place of sale 4169
Liable for misconduct. . . . 4162, 4163
May be ruled, when 4097, 4163
Constables' sales, time and place
of 4166
Continuances 4101, 4136
From term to term 4101
Co-obligors, how served 4120
Sued in other district 4112
Costs 5403
Costs, plaintiff liable for, when.. 4161
Court ground, selection by... 4082 (1)
Court house for militia districts. . 4109
Defaulting jurors, how dealt with, 4146
Defense at first term 4134
Trial term in such cases 4135
Dilatory pleas 4128
District, change of 339
Disqualified justice, suit, where lo-
cated 4072
Dockets to be furnished to 4080
Establishment of lost papers in..
4743-47 52, 4753-4755
Evidence, accounts, how proved. . 4130
Affidavit in proof of account. . . . 4130
Best evidence required 4129
Subpoenas for witnesses 4131
Testimony taken by interrogato-
ries 4132
Execution, levies and sales 4165
Time and place of constables'
sales 4166
Execution against sureties 4158
For costs 4161
Stay of execution 4160
Garnishment in 4153, 4550, 4709
Garnishee must answer, when. . 4153
Procedure where garnishee
answers 4153, 4552
Persons in another militia dis-
trict, how garnished 4154
Duty of officer serving 4154
Traverse of answer, and pro-
ceedings thereon 4155
Illegalities in 4156
Interrogatories, testimony may be
taken by 4132
Joint obligors, suits against, 4078, 4112
Judgment and execution against
securities 4158
In cases of set-off 4159
Judgments, dignity and lien of. .
4157, 5351
Rendered by justices, when. . . . 4137
When void 4108
Judgments of, in other States,
proof of 6239
Jurisdiction 4068, 4110-4115, 5856
Co-obligors sued in other dis-
trict 4078, 4112
Justice, if a party 4113
Several notes for same debt. . . . 4110
Ten days residence gives 4111
Jurors, compensation of 4147
Fined for default 4146
Jury, how drawn for appeal cases, 4143
Drawn in vacation, when 4145
Oath of 4144
Jury box 4143
Justices, how sued in 4071, 4113
Land may be levied on, wnen. . . . 4167
Levy on bank and other stock. . . . 4168
On land, when 4167
Location and time of holding, 4104-4106
Lost papers, establishment of . . . .
4753-4756
Alias executions from justices'
courts 4755
Other papers, how established, 4754
Papers belonging to suits may
be established 4753
Who may be party 4756
Maker and indorser, where sued . .
4078, 4115
Non est factum, plea of 4128
Nonresidents, accounts in favor
of, how proved 4130
Nonresident, how sued 4079
Oath of jury 4144
Places for holding in cities- 4102
Court, when held 4103
How selected 4082 (1)
Places of holding, when changed, 4104
How often changed 4105
Not changed by Code 4107
To be central 4082 (1)
Party, when justice is a 4114
How sued in 4071
Pleas and defenses 4127, 4128
Defendant may plead as in su-
perior court 4127
Dilatory pleas, and non est fac-
tum 4128
Pleas in cases appealed to supe*
rior court, must be in writ-
ing 4139
Proceedings in, to be uniform .... 4123
Receipt for claims, duty of justice
to 4126
Removal of suits in 4075, 4076
Residence in different counties,
defendants, how served .... 4121
Ten days confers jurisdiction. . 4111
Rule against constables
3163, 409Y, 4162, 4163
Sales under execution 4165, 4169
Ju
INDEX.
566
CIVIL LAW.
Justices' Courts — Continued.
Securities, judgment and execu-
tion against 4158
Service of summons 4118 ^
By whom served 4119
In case of co-obligors 4120
Where defendants reside in dif-
ferent counties 4121
Set-off, judgments in cases of . . . . 4159
Settlement of cases by parties. . . . 4125
Sheriffs may execute processes of, 4381
Staying and backing executions.. 4160
Subpoenas for witnesses 4131
Suits, how commenced 4116
Summons, filing and keeping of. . 4122
How dated and served 4118 t
Is commencement of suit, 4116, 4117
Terms, when held 4101
Time of holding 4103
Time and plate of holding may be
changed 4104-4106
Not disturbed by adoption of
this Code 4107
Transcripts from, as evidence. . . . 5214
Traverse of attachments 4560
Trial, time and place of 4133
Trust estates, jurisdiction.. 3205, 3207
Uniformity of proceedings in.... 4123
Venue, maker and indorser, etc.,
where sued 4078, 4115
Witnesses, failing to attend, pen-
alty for 4164
Justices of the Peace.
Action against, demand prerequis-
ite 4053-4058
Appeals, justices must transmit. . 4468
Attachments, authority to issue
4082 (4), 4511
Issued by 4082 (3)
Attend superior court and courts
of ordinary, when required, 4082 (8)
Attestation of deeds by 3620
Authority and duties (see "Du-
ties," below) 4082
Certiorari from 4637
Claims, duty to receipt for 4126
Constables appointed by 4087-4089
Rule against constable
4162, 4163, 4774, 4777
Constables' election, one at 106
Contempt, power to punisn. . 4082 (2)
Coroner, justices may act as.... 4074
Costs, deposited by nonresident
plaintiff 6234
County court, appeals lie in what
cases 4453
Courts of, law regulating. . . . 4051-4169
Death of justice before answering
certiorari, new trial ordered
4653, 6195
Debts may be divided 4069
Defense at first term 4134
tf
Demand on prerequisite to suit
against 4055, 4058
Effect of demand on 4771
How proved 4772
Disqualification of 4045
Who may preside 4072
Where no justice, suit where
located 4073
District, when new 337, 339
Duties of justice 4082
Docket, duty to keep, contents . .
4082 (6)
Dockets and indexes for
4080, 4081, 6336
Costs of such dockets 4080
Dockets and papers, how dis-
posed of 4081
Duties of 4082
Answer interrogatories from
courts of other counties, 4082 (10)
Contempt powers 4082 (2)
General requirements of. . 4082 (12)
List of names of persons liable
to taxes 4082 (11), 6187
Lost papers, establishment of. .
4082 (9)
Oaths and affidavits adminis-
tered by 4082 (5)
Place of holding court 4082 (1)
Probate conveyances 4082 (5)
Election and commission
101, 4051, 4062, 4063, 5857
Failure to elect, ordinary to ap-
point . 4065
General provisions 101-104
How held 4062
Where no justice, election or-
dered by ordinary 4063
Oath of superintendents.. 102, 6119
Who, and how appointed 6119
Returns of 103
Time and place of 101, 6118
Laws governing 104
Returns, to whom made .... 103
Who shall superintend elec-
tions 102
Eligible to General Assembly 5754
Eligibility and qualification 4064
Executions issued by 4165
Fees, foreclosure of mortgage 2764
Schedule of 5403
Filing and labeling papers, fl. fa.,
etc 4082 (7)
Forcible entry and detainer cases
tried by jury 4823-4832
How jury shall be obtained .... 4824
Jurors failing to attend, tales
jurors summoned 4825
Foreclosure of mortgage before.. 2760
General Assembly, justice eligible
to 5754
Indorsers, makers, etc., where
sued 4078
567
INDEX.
Ju-La
CIVIL LAW.
Justices of the Peace — Continued.
Jurisdiction (civil)
4068, 4070, 4101-4103, 5856
Contracts and torts 4068 (1)
Contests' for possession of per-
sonal property 4068 (2)
Forcible entries and detainers. .
4068 (3)
Other cases 4068 (4)
Debts may be divided 4069
Limits of 4070
Limits of jurisdiction 4070
List of names of tax payers. . 4082 (11)
Compensation for such service, 618Y
Lost papers, establishment of, 4082 (9)
Makers, indorsers, etc., where
sued 4078, 4115
Money collected by, may be de-
manded 4771
Liability for twenty per cent.
per annum for refusal 47 71
Service of demand, how proved, 4772
Militia district, one justice for
each 4051, 5855
Mortgages foreclosed, fees for. . . . 2764
New militia district, election.... 33Y
Notaries public, appointment and
terms of 4052, 5855
Commission, when to be issued, 4053
List of notaries public 4054
Oath of 4066
Number, and term of oftice 5855
Oa,th of 238, 4066
Before whom taken 406Y
When filed 238
Oaths and affidavits administered
by 4082 (5)
One in each militia district, 4051, 5855
Ordinary, when appointed by .... 4065
Place of holding court . . 4082 (1), 4102
Piobate of conveyances 4082 (5)
Process, authority to issue.. 4082 (4)
Qualifications 4064
Removal from office 4059
Removal of suit to adoining dis-
trict 4075
Removed cases, power of justices
in 4077
Pteturn papers to superior court,
duty to 5671
Rooms for, provided by County
Commissioners 6235
Rule against, when brought .... 4060
Ruled after going out of of-
fice 4773
Ruled, where 4782
Rule absolute against, lien of . . . . 47 Y 8
Streets, neglected, justices to act
when 753
Sue or be sued before whom.... 4071
Sued only after demand 4055
Suit against justice 4055
Notice to be first given 4055
Contents of such notice .... 4056
Out of organized district 4079
Time within which suit must be
brought 4057
Tender by justice 4058
Summons, how dated and served
4118, 6188
Superintendent of election of . . . . 102
Tax list of persons liable to
4082 (11), 6187
Term of office 4051, 5855
Term expiring, successor rec-
ognized b240
Transfer of suits to adjoining dis-
trict 4075
Power of justices and consta-
bles, where suit removed.... 4077
Transfer of suit to county seat.. 4076
Trial term 4135
Vacancies, how filled 4061
Venue, residence not embraced in
any organized justices dis-
trict, suit, where brought. . . . 4079
Witnesses defaulting, fined by. . 4164
Justification.
Burden of proof 3891
Consent of injured party to a jus-
tification, when 3893
Extenuating matters, pleaded in
mitigation of 3892
Plea of 3891
Right to open and conclude. . . . 3891
Kerosene (see Illuminating Oils).
Fees and duty of inspector 1588
Inspection, laws regulating. . 1579-1588
Standard for inspection 1588
Under fire test, sale prohibited.. 1588
Killing Stock (see Railroads).. 2247-2262
Knowledge (see Notice).
Juror not to act on private- knowl-
edge 5146, 5337
Labor.
Administrators may contract for, 3437
Excessive labor, contract for,
void 2619
Guardian's authority to contract
for 2549
Holiday 3692
Hours of, in factories (see Facto-
ries) 2619
Train hands, hours for. . . . 2240-2242
Train hands, hours of labor for
2240-2242
Laborers (see Master and Servant).
Factories, hours of labor in 2619
Corporal punishment not to be
inflicted 2620
Right to sue where punishment
inflicted 2620
Garnishment, wages exempt from, 4732
Laborers' Liens 2787 (3)
Crop lien inferior to 2800 (6)
How enforced 2816
La
INDEX.
568
CIVIL LAW.
Laborers' Liens — Continued.
General 2792
Good against purchasers, when.. 2794
Rank of, and how they arise. . . .
2792, 2794
Special 2793
Steam mills, liens on 2808
Labor Union.
Trademarks protected .... 1736, 1741
Laches.
Equity denies relief, when
3198, 3775, 3939
Land 3045-3069
Administrator, right to invest in..
3432, 3435
Sale of land by administrator. .
3448, 3462
Annuities charged upon land by
will 3067
Attachment for purchase money
(see that title) 4538
Bond, land held under, and part
sold 5432
Charges on land (see Realty) .... 3067
Complaint for, how brought (see
Ejectment) 5002
Constable may levy on land, when
4167, 5429
Contract for sale of, to be in writ-
ing 2693 (4)
Covenants running with, pass to
buyer 3612
Decree for partition passes title
to 4784
Deeds to, requisites of (see
Deeds) 3599
Deficiency in land sold, how ap-
portioned 3542
Division of, ordinary may direct. . 3483
Easements in (see that title) .... 3590
Ejectment for, law governing
(see Ejectments) 4996-5008
Fixtures on 3049, 3120
Foreign corporations' ownership, 1849
Grants, law concerning (see that
title) 3208, 3222
Franchises, grant of land does
not confer 634
Issued by Governor 122
Guardian's purchase for ward...
2550, 3432
Cultivation of land by guardian, 2550
Rent of land by guardian 2548
Head rights, law concerning (see
Head Rights) 3223-3226
Interstate's, descends to heirs . . . 3353
Intruders, ejection of 4008, 4812
Legacies charged on land by will, 3067
Light and air, right to 3046
Lotteries, law as to (see Land
Lotteries) 3237, 3242
Notice of levy on 5426, 5428
Owned by State 1018
Partition of (see Partition), 4786-4797
Equity, partition of land in. . . . 4783
Title passes by decree for.... 4784
Possessor of, action in favor of. . 3876
Processioning, law governing. . . .
3243, 3252
Purchaser losing lands, rights of, 3544
Recoverable by whom 3875
Reverted lands, how disposed of. .
3239, 3242
How pledged 3238
Specific performance of parol con-
tract 4037
State, land owned by 1018
Support of adjacent soil 3047
Taxes, redemption of land sold
for 909
Titles, suits respecting, where
brought 495L
Trespass on owner's right to sue
for 3877
Trustee's right to invest in 3432
Venue of suits respecting titles.. 4951
Watercourses on, right of owner
to 3879
Land Books.
Kept in executive office 141 (7)
Land Courts (see Head Rights).
Courts of ordinary are 3226
Land Lotteries.
Ordinaries, commissions and lia-
bility of 2242
Law as to 3227
Landing.
Use of another's, how obtained.. 676
Landlord and Tenant 3115-3135
Casualties not abate rent 3135
Claims, how interposed and tried, 4820
Contracts, when in parol, when in
writing 3117
Counter affidavit and bond 4815
Tenant allowed three days to
make 4821
Crop delivered for rent, dis-
charge of all liens 3127
Disposed of unlawfully, landlord
may recover * 3130
Cropper's crop, title in landlord. . 3129
Cropper is not a tenant 3131
Title remains in landlord 3131
Crop liens, rank of 2800
Default of tenant, oath as to. . . . 4813
Delivery of possession by tenant, 3121
Distress warrants 3124, 4817-4822
Double rent, when recoverable.. 3124
Double rent, paid, when 4817
Duration of tenancy 3132
Ejectment by and against 5000
Emblements 3134
Estate not pass, except where five
year' contract 3115
569
INDEX.
La
CIVIL LAW.
Landlord and Tenant — Continued.
Estopped to dispute landlord's ti-
tle 3122
Fixtures, tenant's right to re-
move 3120
Implied contract to pay rent. . . . 3116
Improvements, landlord's liability
for 3123
Interest on contracts for rent. . . . 3128
Judgments for rent, rendered at
first term 3128
Lien of landlord (see Landlord's
Lien).
Liens on personalty, how en-
forced 2816
Life tenant, renter from, rights
of 3093
Negligence of tenant, landlord not
liable for 3118
Notice to quit, two months 3133
Tenant to give one month 3133
Oath as to tenant's default 4813
Officer's failure is a trespass. . . . 4822
Pasture for cattle 3119
Possession, delivery by tenant at
end of term 3121
Re-enter, landlord's right to 3124
Relation of, exists when 3115
How created 3117
Remove tenant, warrant to 4814
Rent, casualties not abate 3135
Contracts for, bear interest. . . . 3128
Implied contract to pay 3116
Judgment for, at first term.... 3128
Payable in kind, free from
liens 3127, 3131
Landlord's title 3129
Tenant failing to pay 3124
Repairs, landlord to keep in, 3118, 3123
Replevy of property 4819
Rights of tenants 3119
Subletting forbidden except by
landlord's consent 3115
Tenancy, duration of 3132
Tenancy at will 3115, 3117
Ended how 3133
Right to emblements 3134
Tenant, counter affidavit, time to
file 4821
Rights of 3119
Surrender, duty to, when 3121
Tenant holding over 3124
Proceedings against (see Ten-
ants Holding Over) 4817
Timber, tenants' right to use. . . . 3119
Title of landlord, tenant cannot
dispute 3122
Cannot attorn to another 3122
Title to crop in landlord 3129
Trial of issue 4816
Transfer of notes, mortgage notes,
etc 2116
Transferee's lien 6217
Transferee may foreclose .... 6218
Trees, tenants' right to cut 3119
Usufruct only passes 3115
Not liable to levy 3115
Warrant to remove tenant 4814
Landlord's Lien (see Landlord and
Tenant).
Crop lien for supplies furnished,
inferior to 2800 (6), 3126
Date and rank of general lien. . . . 2795
Distress warrant, special lien fore-
closed by 2797
Foreclosure of special liens by
transferees 2799
Provisions, lien for 3125, 3126
Furnishing necessaries 2787 (6)
Rank and foreclosure 2795
Rank of such liens 2796
Crop liens 2800
Special, date and rank of 2795
Supplies, money, etc., liens for.. 2800
Arise how, and how foreclosed. 2800
Transferees of liens on crops .... 2798
Land Lotteries 3237-3242
Commission and liability of ordi-
nary 3242
Book of, to be kept by Governor . . 141
Former acts continued - . 3237
List of land to be furnished ordi-
naries 3239
Reverted lands 3238
Sale of ungranted or reverted
lands 3240
Proceeds, how disposed of .... 3241
Landmarks.
Ancient boundaries and land-
marks as evidence 5185
Processioning, landmarks to be
observed in 3246, 3247
Lapse of Time.
Considered in equity, when
3198, 3775, 3939
Larceny.
Disfranchisement for 5738
Latent Defects.
Disclosure in sale, duty to make. 3559
Liability of master for 2611, 2612
Lateral Support.
What due
3047
Law.
Due process of, constitutional,
guarantee 5700, 6018, 6030
Extraordinary and equitable rem-
edies and pleadings 4833-4840
"Lawful Heirs."
Defined to mean children 3084
Laws (see Appropriation Bills; Gen-
eral Assembly Statutes).
Acts of Legislature to be signed
by Governor 5785
La-Le
INDEX.
570
CIVIL LAW.
Laws — Continued.
Amending or repealing Code sec-
tions 5770
Appropriations, yeas and nays to
be recorded on 5775
Authority of 1 (3), 5934
Bills to be read three times on
separate days in each House. 5770
Borrowing money from State,
form of laws 5889
Code — When and how to take
effect 2
Common law remedy defeats eq-
uity jurisdiction 3941
Concurrent jurisdiction 3943
Constitution of Georgia, authority
of 1 (2), 5933
Contracts, obligation of, not to be
impaired 6, 5730, 5982
Custom and usage 1 (4)
Descent, statute of 3353-3358
Discovery at law 3953
Distribution of, to county officers.
165, 169
Acts of Congress, how dis-
tributed 171
Due process of, constitutional
guarantee as to. . . 5700, 6018, 6030
Equal protection of the laws.... 6030
Equity follows the law 3923
Execution of, Governor to see to.
118, 5815
Ex post facto law shall not be
passed 5730, 5977, 5982
Force of, how graduated 1, 5932
Foreign states 9
How proved 5232
Future operation of 6
General appropriation bill, in-
cludes what 5772
General Assembly (see that title).
Power of, as to 5784
How varied 5732
To have uniform operation.. 5732
General laws of uniform opera-
tion 5732
Private rights not affected by
changing, when 5732
General operation — laws of 1-13
Ignorance of law, not ground of
relief, when 3978
No excuse 7
Impairing obligation of contracts. 5730
Irrevocable grants of special priv-
ileges or immunities, forbid-
den 5730
Laws, resolutions, journals, etc.,
of General Assembly, when
admissible 5210
Lex loci governs contracts '6
Local law, Code, how affect 11
Local laws 3141, 5778, 5935
Majority of each house necessary
to pass 5777
Merger of equity and law 5843
Obligation of contracts not to be
impaired by 6, 5730, 5982
Offenses committed before Code. . 2
Ordinances of the convention,
force of 5939
Published by authority judicially
recognized 5210
Rejected bills, how proposed again 5776
Repealed — effect on existing
rights 2
Retroactive law shall not be
passed 5730
Revenue bills, originate in House. 5773
Retrospective operation of 6
Retroact in what cases 6
Rules of court, binding force of. . 4044
Signed in what manner ....5776, 5785
Special privileges, irrevocable
grants of, forbidden 5730
State not bound, unless named.. 3
States and nations, effect of laws
on other 9
Faith and credit given to 6002
Statute of frauds (see that title) . 2693
Statute of limitations 3760-3778
Statutes and Code sections, how
amended 5779
Supreme law, what is 5932
Tax, right to, not to be sur-
rendered . .' 5796
Title, matter not expressed in,
voids act 5771
Treaties of United States 1 (1)
Two subject-matters not to be em-
bodied in same Act 5771
Unconstitutional laws to be de-
clared void 5753
Uniform operation of 5732
United States and several States,
laws of, when admissible .... 5231
United States constitution and
treaties, the supreme law. . . .
1 (1), 6011
Waiver of law 10
Laws B.nd Journals.
Distribution of 154, 165-171
Law Schools.
Admission to the bar of graduates. 4406
Lawyers (see Attorneys at Law; At-
torney and Client).
Law concerning 4396-4445
Leading Counsel.
Law relating to 4424-4426, 5132
Leading Questions (see Witnesses).
Allowed under what circumstan-
ces 5283
Interrogatories, leading questions
in 5668
571
INDEX.
Le
Leases.
Definition of 3114
Mining interest, not pass, when. . 3114
Leave to Sell.
Administrator, leave, how ob-
tained by 3450
Lee's Birthday.
Holiday . 3692
Legacies (see Wills) 3319-3339
Ademption of legacies 3332
Charged on land, follow it 3087
Debts of estate, obligation as to. . 3425
Assent of executor to 3105
Election by legatee 3334, 4013-4015
Adverse claim, legatee holding
must elect 2334
Legatee a creditor, not fail elec-
tion 3334
Executor, legacy as to compensa-
tion 3314
General and specific legacies (see
Devises and Legacies) 3326
Interest on 3328
Lapsed legacies 3330
Property mentioned in falls to
whom 3331
Real estate descends to heir,
when 3331
Law governing (see Devises and
Legacies) 3319-3339
Set-off by legatee 3752
Void legacy, property mentioned
in, falls to whom 333i
Legal Representatives (see Admin-
istrators; Executors).
Administration, law regulating. .
3359-3525
Eexcutors, law as to 3207-3318
Heirs' right to sue as, when, 3357, 3427
Legatees (see Legacies; Wills).
Admissions go to impeach will,
when 3296
Creditors, rights of as against. .
3201, 3336, 3422
Election by 3334, 4013-4015
Garnishment, when subject to...
4734, 4735
Set-off by 3752
Sue removed administrator, right
to 3406
Legislation (see General Assembly).
Legislative Department (see Consti-
stution of Gorgia; General As-
sembly) 289-329, 5744-5795
Legislature (see General Assembly).
Legitimate Children 2493-2506
Defined 2493
Method of effecting 2494
Names of, not to be changed by
Legislature 5780
How changed by courts.. 2495, 2496
CIVIL LAW.
Lessees.
Execution sale, not oust, when.. 5470
Lease, what passes to, under. . . . 3114
Liability of lessees and lessors.. 1863
Railroads, lessees, where sued. .
2335, 2336, 2337
Letter (see Evidence).
Admissibility in evidence, when. . 5176
Contracts by 3646
Credit, letter of, charges writer,
when 3815
Failure to answer, effect of 5155
Part read, balance evidence 5241
Letters Dismissory (see Administra-
tors; Executors; Guardian
and Ward).
Administrators, letters dismis-
sory, how obtained by. . 3509-3515
Executors, admissions of 3316
Guardians, admissions of 2567
Obtained by fraud, set aside.... 3511
Letters of Administration (see Ad-
ministrators).
Abate where administrator is
elected ordinary 4229
Certified copies of, admissible. . . . 5213
Citation, publication, etc 3394
Granted in what county
3393, 4234, 4235
Rules for granting 3367
Special cases, letters in 3390-3392
Letters of Guardianship (see Guard-
ian and Ward).
Abate, when guardian elected or-
dinary 4229
Certified espies of, admissible. . . . 5213
Letters Testamentary (see Execu-
tors).
Certified copies of, admissible. . . . 5213
Grant or revocation of, by ordi-
nary 4232 (2)
Levees and Ditches.
Right of landowner to construct. . 3062
Levy and Sale (see Executions; Ille-
gality; Wills; Sales, Public).
5455-5467
Adjournment of sale 5456
Amend levy, officer's right to. . . .
5116, 5117
Amendment of ft. fa. pending levy,
effect of 5114
Attachments, levy and sale under
4530-4538
Attachments for purchase money, 4541
Subsequent proceedings 4542
Bank and other stock, how levied
upon by constable 4168
Bond for title given, levy, how
made 5432
Notice of levy and sale to be
given 5434
Le-Li
INDEX.
572
CIVIL LAW.
Levy and Sale — Continued.
Other than vendor having judg-
ment 5433
Choses in action, exempt from.. 5353
City property not subject to 750
Claims, interposition of 4611-4622
Interposed, sale postponed.... 4613
Constables, levy of 4165-4168
May levy on land, when 5429
Contract of purchase, assignee
holding under 5432
Corporations, levy of executions
against 1894
County court process, sales under, 4216
Crops, growing when levy allowed
on 5425
Cumbersome property, levied on,
how 5455
Dismissal of levy on personalty,
effect of 5442
Where issue not made with
claimant 5646
Equity in property, levied on, 5432-5434
Executors and administrators, ex-
ecutions against 3508, 5344
Exempt, constitutional home-
stead is 2827
. Future interest in chattels.... 5452
Statutory homestead 2866
Tenant's usufruct 3115
Exceptions, arms and accoutre-
ments of militiamen 1234
Failure of officer to make 4770
Return shall specify reasons.. 5683
Fiduciaries and sureties, levy of
ft. fa. against 2535, 3399, 3504
Form of levy 5421
Forthcoming bonds (see that ti-
tle) 5435-5438
Fraudulent levies 5422
Heavy articles, levy and sale of. . 5455
Hired things, levy and sale of 2913
Homestead, levy on a trespass. . . .
'.. 2849, 2871
Affidavit, what will authorize. . 2850
When sale valid 2849-2854
Illegalities to (see Illegality)
4736-4742
Injunction to restrain sale, when, 4915
Inverse order of sale, when 5424
Justice's court ft. fa. (see Justices'
Courts) 4165-4169
Land, constable's levy on, allowed
when 5429
Levy on, under justice's court
A fa 4167
Machinery, how levied on and
sold 5455
Mortgaged property, levy and sale
of 2761
Sale without foreclosure 2761
Notice of levy on land 5426, 5428
Parcels, separate, levy and sale
of 5424
Part of property unsold, sheriff's
duty to state cause and give
description 5683
Partner's interest not levyable. . . 2661
Partnership, executions against. . 5010
Payment to prevent, not volun-
tary 3723
Personal property must be ac-
tually seized 5452
Future interest in, how
fendant 5423
Pointing out of property by de-
fendant 5423
Property in different counties. . . . 4bl6
Property to be first levied on. . . .
898, 5423, 5424
Railroads, levy on. . 2167 (11, 12), 2168
Return of officer, where failure to
make 5683
Security taken, levy, how made. . 5432
Where another than vendor has
judgment - 5433
Sheriff, duty of, as to 4380
Cannot purchase at his own
sale 4384
Stockshares, levy on. . 4168, 4535, 5430
How sold 5431
Tax ft. fa., levy and sale under, 904-905
t Levied in any county 911
Levied on what 898
Title not in defendant, levy and
sale, how made 5432-5434
Trust estates, levy on 3207
Lex Fori and Lex Loci.
Capacity to contract, governed by, 3655
Disability of parties to contract. . 3655
Interest, how governed by 2880
Marriage in another State 2424
Validity of contract determined
by 8
Libel and Slander 3832
Definition of libel 3852
Law and fact of, determined by
jury 5723
Liberty of speech guaranteed .... 5712
Limitation of action, two years.. 3900
Malice inferred, when 3833
May be rebutted 3833
Newspaper, libel by 3835
Privileged communications by
newspaper 3836
Pleadings, allegations in, privi-
leged 3842
Privileged communications
3836, 3840, 3842
Libelous use of 3841
Publication essential to recovery, 3832
Published, when 3834
Truth justifies 3839
May be given in evidence 5723
573
INDEX.
Li
CIVIL LAW.
Liberty.
Conscience, liberty of, guaranteed
5709, 5710
Press,, liberty of 5712
Speech, constitutional guarantee, 5712
Taken when, only by law
5700, 6018, 6030
Librarian of State (see "State Li-
brarian") 149, 153
Library.
Library belongs to State .
Libraries.
Incorporation of
1016
2363-2367
License.
Assessment insurance companies,
licenses to agents 2062
City's authority to grant or exact, 702
Confederate soldiers, exemption
from peddling license, when
1643, 1646
Oath required of such 1644
Ordinary's certificate 1645
Damages where affidavit filed for
delay only 1528
Dentistry, practitioner of . . . 1504-1510
License to practice 6473
Disabled soldiers to peddle with-
out 1642, 6146a
May act as fire insurance
agents or solicitors 6147
Druggists and apothecaries 1496
Easement, license is, when 3069
Embalmers' 6493, 6494
Fidelity insurance companies.... 2068
Insurance brokers (see Insurance
Companies; Brokers) . . 2072-2084
Insurance companies must have. . 2032
Inter-State Building and Loan As-
sociations 2406
Lawyers' license, how granted.. 6309
Liquor, license to retail
420, 421, 790, 1519, 1540
Corporate towns may grant,
when 1538
Dealers' license, when neces-
sary 802
License to sell, how obtained.. 1519
None issued after petition for
• election 1542
Sale confined to one place .... 1537
Sale without license, unlawful, 1535
Marriage license, how granted... 2417
Money arising from, how applied, 1530
Mutual insurance companies, for-
eign, agencies of, licensed . . 2139
Parol license, when not revocable, 3069
Pawn brokers, how licensed and
governed 755, 2955
Payment of tax, no excuse for
want of licenses 802
Peddlers 1640-1650
County license 421
Pilots, license and oath of, 1653, 1661
Row forfeited 1663
Licensing of 1653
Physicians 1478
Revocation of 15, 2955
Shows, exhibitions, etc 1526, 1527
Defense of persons taxed 1527
Tax payer may demand exhibition
of 1524
Term of, on grant by city .... 15, 422
Toll bridges crossing county lines 612
Liens 2787-2826
Acceptor of bill of exchange, 2819, 3686
Liens of 2787 (11)
Administrator's sale, divests liens, 3453
Aliens may enforce 1818
Allowing fund to apply to younger
lien 5444
Appeal, judgment as in cases of. . 2817
Assignable, liens are 2822
Attachments, judgment and exe-
cution 4575-4580
For purchase money, rank of
judgment 4o39
Attorneys at law, lien of
2787 (11), 2814, 2818
Rights in claim cases 2824
Award, lien of 4502
Baggage, railroads lien on 2289
Bailees, liens of 2787 (11)
Bailee for hire of laborer 2918
Rank of 2812
Boarding house keepers' liens ....
2787 (11), 2810, 2818, 2940
Boars, liens in favor of owners..
•. .. 2787 (12)
Bulls, liens in favor of owners. .
2787 (12)
By-laws of corporations, liens cre-
ated by 2825
Carriers, lien of (see Railroads)
.. 2287, 2289, 2787 (11), 2801, 2818
Certain liens confirmed 2788
Charters, liens created under, con-
tinued 2789
City court judgments, lien of . . . . 4300
Confirmation of certain liens.... 2788
Contest of third persons, against
lien of mortgage 2769
Contractors' liens, 2782 (8), 2801, 2804
Employment by person other
than owner 2861 (2)
Lien attaches on real estate,
how far 2801 (3)
Twenty-five per cent, retained
by contractor 2802, 6177
Corporations, lien of, how en-
forced 2819
By-laws, liens by 2825
Li
INDEX.
574
CIVIL LAW.
Liens — Continued.
Makers of machinery 2801, 2804
Under charters 3789
Costs, lien of State, confirmed 2788
County treasurer's bond 456
Crop liens (see Supplies Fur-
nished, below) 2800
Delivered for rent, discharges
ail liens 3127
Transferees of liens 2798
Deceased trustees, liens against,
priority of 2790
Decrees in equitable proceedings
2788, 4859
Depositaries, lien of
2787 (11), 2813, 2818, 2928
Distress warrant, landlord's spe-
cial lien foreclosed by 2797
Dower, liens not affect 4694
Election between, when com-
pelled 2691
Enumerated and confirmed 2787
Exist in favor of what persons.. 2787
Factors' liens 2787 (11), 2819, 2929
Liens of, how satisfied 2819
Rank of 2812
Foreclosure, affidavits amendable, 5122
Foreclosure rights not affected by
Code 4972
Special liens of transferees of
landlords 2799
Foreclosure of liens on personalty
affidavits, before whom made
2816, 2820
Denial of lien, procedure, 2816 (6, 7)
Duty of clerk on affidavit being
filed 2816 (4)
Foreclosure before county
judge 4208
Replevy by defendant 2816 (8)
Foreclosure of liens on real es-
tate 2815
Enforcement of liens on realty, 2815
Fraudulent, debtor making, sub-
ject to attachments 4544
Garnishment on partner's inter-
est 2661
Governor may remove, when.... 130
Guardian cannot create on ward's
estate 2555
Injunction at instance of creditor
without lien, not granted,
when 491S
Innkeepers' liens
2787 (11), 2810, 4818, 2940
Jacks, liens in favor of owners
2787 (12)
Judgments, lien of (see Judg-
ments) 5348-5358
Attachments, judgment as
against 4575, 4578
Credit©rs, liens in Savor of, 2787 (2)
Future interest in chattels, lien
of 5452
Justice's c©urt, judgments in. . 4157
Liens confirmed 2788
Liens, generally 5349-5358
On bond as in appeal cases. . . . 2817
On property out of county .... 2780
On replevy bonds, in lien cases, 2817
Property removed from State
and brought back 5357
Purchase money of land, judg-
ment for 2788, 5433
Transferred property, liens on
5355, 5356
Trust deeds to secure debts. . . . 6357
Laborers' lien 2787 (3)
Laborers' lien, general 2792
On steam mills 2808
Purchasers' liens, exist against,
when 2794
Rank of, and how they arise. . 2794
Special liens of 2793
What liens superior to. . . . 2800 (.6)
Landlord's liens 2787 (4), 2795
Foreclosure of special lien.... 2799
For rent 2795, 3125
For provisions 3126
For supplies, conditions of . . . 2800
Furnishing necessaries .... 2787 (6)
General liens 2795, 3125
Landlord's special lien, fore-
closed by, distress warrant. . 2797
Rank of such liens 2796
Supplies, money, etc .... 2800, 3126
Transferees of, rights of 2798
What liens superior to.... 2800 (6)
Legacy is a lien, when 3067
Livery stauie keepers
...... 2787 (11), 2810, 2818, 2943
Enforcement of 2820
Machinery, manufacturers of ....
2801, 28«<4
Machinists and manufacturers of
machinery .. 2787 (8), 2801, 2804
Manufacturers of machinery
_ 2801, 2804
Material men's liens
2787 (8), 2801, 2804
Mechanics' liens 2787 (7)
Action for, to be commenced
within what limits 2804 (3)
Attaches upon real estate, to
what extent 2801 (3)
Contractor employing work of
mechanic 2801 (2)
Declared and created, how .... 2804
Discharge of real estate from
such Men 2901 (4)
Personalty, lien on 2805
Rank of liens 2804 (4)
575
INDEX.
Li
Liens — Continued.
Twenty-five per cent, retained
by contractor 2802, 6177
Who entitled to lien 2801
Mills, of laborers about steam
mills 2808
Of persons furnishing timber,
logs, etc 2809
Proprietors of planing mills,
lien of 2807
Mortgage, contest by third per-
sons 2768
Liens confirmed, 2723, 2787 (5), 2788
Own property, liens on 3107
Owner to reserve twenty-five per
cent, repealed 2801, 6176
Partner's interest, lien of garnish-
ing creditor 2661
Pawnees' and pledgees'
2787 (11), 2812, 2818, 2958
Lien of, how satisfied 2818
Rank of 2812
Payment applied to oldest lien,
when 3722
Personal property, foreclosure of
liens on 2816-2820
Manner of foreclosure .... 2816 (1)
Prosecuted within one year, 2816 (2)
Affidavit must show neces-
sary facts 2816 (3)
Planing mills and saw mills, 2787 (10)
Liens in favor of 2807
Prefer creditor, by lien, debtor's
right to 2697
Priority of 2787, 2821, 5349
Purchase money liens confirmed
2788, 4538, 5432, 5433
Railroad contractors 2801, 2804
Railroad employees, liens of . . . .
2329, 2331, 2787 (13)
Railroads, liens against (see Rail-
roads) 2329-2333
On freight carried 2287
Supplies furnished to, lien for
2787 (13)
Rank of lien not specially regu-
lated 2821
Real estate, petition, contents,
and proceedings thereon 2815
Realty, foreclosure of lien on. . . . 2815
Receiver appointed, liens created
after, void 2719
Receiver for creditor with lien, 4918
Receiver's sale, divests liens . . 4911
Record of lien 2779, 2804 (2)
Substantial compliance suffi-
cient 2804 (1)
Rent contracts, transferees of
liens 2798
Rent in kind, freed from 3127
Replevy bonds, levy on 2$:bT
CIVIL LAW.
Reserve twenty-five per cent, of
contract, repealed
2801, 2802, 6176, 6177
Road Commissioners' judgments, 550
Rules absolute, liens on 2826
Against officers 2826, 4778
Sale to secure debts, liens in cases
of (see Security Deeds), 2775, 5432
Saw mills and planing mills, 2787 (10)
Liens for articles furnished to. . 2809
Liens in favor of 2807
Special liens of transferees, how
foreclosed 2799
Stallions, lien in favor of own-
ers 2787 (12)
Lien on get of 2811
State Treasurer's bond 189
Steamboats and water craft, liens
against 2787 (9)
Liens on 2806
Steam mills, liens of laborers on, 2808
Stock killed by railroad, lien of
owner 2787 (13)
Supplies, money, etc., furnished
by landlords 2800, 3126
Assignable, in what manner, 2800 (2)
Cheating and swindling, liens
on crops, failure to give no-
tice of 2800 (6)
Exist only on crops of the year
2800 (3)
Previous liens, information of
to be given 2800 (4)
Penalty for failing 2800 (5)
Liens for 2800
Arise how and foreclosed
how 2800 (1)
Rank and dignity of liens'. . 2800 (6)
Tax collectors, etc., bonds of . . . . 927
Tax ft. fa 883-886, 2787, 2791
Tax officers' bonds 974-978
Taxes, lien of 2787 (1)
City, how enforced 704
Rank of liens for 883, 2791
What liens superior to .... 2800 (6)
Tax executions 883, 2787, 2891
Tax receiver's bond 927
Transfer of lien 4859
Transferees of liens on crops. . . . 2798
Trover, lien of judgment in 3920
Trust funds, lien on estate for. . .
2790, 3189
Trustees cannot create 3186
Twenty-five per cent, retained by
contractor 2802, 6177
Vendee, liens against, not attach
to security sale 2775
Vendor's equitable lien abolished, 2823
Recognized, when 2788
Vendor's lien confirmed 2788
♦ t •
■•— i *m <««**-
Li
INDEX.
576
CIVIL LAW.
Life.
Presumption as to continuance of, 5154
Value of, recovered, when 3829
Life Boats.
Hotels on beaches, duty to keep. . 2942
Life Estates (see Estates for Life).
Apportionment of, charge on.... 3992
Bond of purchaser 3097
Created in what manner 308S
Definition of 3087, 3089
May be for life of tenant, or of
another 3087
Emblements 3092
Estates during widowhood 3089
Forfeiture from tenant selling,
none results' 3095
Increase of 3091
Law governing 3087, 3097
Remaindermen, life tenant failing
to exercise due care 3090
Removal of personalty 3096
Fraudulent attempt, a forfeit-
ure 3096
Renter from life tenant, rights of, 3093
Taxation of life tenant 778
Tenancy by courtesy, abolished.. 3094
Tenant for life failing to exercise
due care 3090
Life Insurance Companies (see In-
surance Companies, Life).
Life Saving Appliances.
Hotels on beach, duty to supply. . 2942
Light and Air.
Prescription for not allowed.... 3046
Lighthouses, Beacon and Range
Lights.
Transportation of, by W. & A.
Railroad 1068
United States, land condemned
for 26
Limitation of Actions
3760-3792, 3898-3901
Absence of defendant from the
State 3783
Actions ex contractu, barred after
four years 3774
Actions in equity 3775
Administrator, discharged suits
against 5510
Right to pay barred debts 3433
Suits against, barred after ten
years 3772
Bills of review and for new trial, 3770
Limitation on 4662
Bonds and specialties, limitation
on 3774
Certiorari, bar after three months
3771, 4642
Counties, claims against 362
Tax ft. fa 890
Credit entries of partial payment
not save bar 3769
Creditors, suits against, barred af-
ter ten years 3772
Damages to realty 3898
Debt barred, mortgage may still
be foreclosed 2735
Disabilities and exceptions •.
3779-3787, 3901
Occurring after right accrued.. 3780
Statute suspended during 3780
Rights of disabled persons .... 3779
Discharged administrator, suits
against 3580
Dismissal, renewal of suit within
six months 3786
Domestic judgment, limitation on
3761, 3762
Dormancy of judgments (see
Judgments) 3761-3763
Dower, how barred 4689
Equitable bar 3198
equity limitations in, 3198, 3775, 3939
Exceptions and disabilities.. 3779-3787
Executors, suits against, barred
after ten years 3772
Foreign judgments, bar after five
years 3760
Fraud as effecting bar 3785
Guardian opening settlement
with • . 2565
idiots, statute not run against. . . . 3779
Imprisoned persons, statute not
run against 3779
Infants, statute not run against. . 3779
Informers, suits by, barred after
one year 3776
Insane persons, statute not run
against , 3779
Joint action, and a part barred.. 3784
Judgment, domestic judgments,
limitation on 3761, 3762
Foreign judgments, limitation
on 3760
Motions to set aside, made
when 3764
On transferred property, limita-
tion of lien on 5bo5, 5356
Justices of the peace, time within
which suit to be brought. . . . 4057
Laches, denies relief in equity,
wnen 3939
Lapse of time in equity as consti-
tuting bar 3198
Libel and slander 3900
JLiens, as to foreclosure 2816
^'Mutual accounts, what necessary
to make 3769
Credit entries not sufficient. . . . 3769
New promise by partner, effect of, 3791
By joint debtor 3792
E*&uMiCtyfrLC^Ni^&. 6*VlX*rV
577
INDEX.
Li
CIVIL LAW.
Limitation of Actions — Continued.
Credit on note is new promise,
when 3789
Effect of new promise 3790
Limitation, how affected 3788
Writing, new promise to be
made in 2693, 3788
Nonsuit, renewal of action within
six months 3786
Open account barred after four
years 3768, 3769
Person, injuries to, limit two
years 3900
Personalty, limit four years .... 3899
Prescription, as affected by, 3583, 3598
Promise to revive barred debt, to
be in writing 2693 (6)
Promissory notes, etc., suits on. . 3767
Realty, damages to 3898
Record, when no execution
docket 3862
Renewal of barred action 3786
Set-off, limitation of 5089
Pleaded but not adjudicated,
bar as effecting 3787
Setting aside judgments and de-
crees 3754
Simple contracts, barred after six
years 3767
Specialties, action on, barred
after twenty years 3765
Stale demands in equity 3775, 3939
State barred, when individual
would be 3777
Statutory rights, barred after
twenty years 3766
Subsisting trusts, not within stat-
ute 3198
Transferred property, limit of
judgment against 5355, 5356
Trust estates, no limitation ap-
plies to 3198
Lapse of time, equity considers, 3198
Trust property sold, suits to re-
cover, when to be com-
menced 3778
Trustee barred, beneficiaries also
barred 3773
Suits against, barred after ten
years 3772
Undiscovered fraud in cases of. . 3785
Unrepresented estates .... 3781, 3782
Writs of error 5539, 5541
Limitation of Estates (see Estates').
Estates tail, how construed 3085
Fee may be limited on fee, when. 3082
Marriage, limitations on, when
void 3108
Perpetuities forbidden 3182
Remote limitations, how con-
strued 3086
Restricted to what persons 3102
37 Ga. Code
Technical words of, how con-
strued 3084
Limited Partnerships (see Part-
ners and Partnerships), 2662-2685
Affidavit of general partner, con-
tents of such affidavit 2668
That sums specified have been
contributed 2668
Alteration of names, etc., works
a dissolution 2673
Assignment void for fraud 2681
General or special partner mak-
ing, when insolvent 2682
inability of special partner In
such case 2683
Attorney in fact, acknowledging
certificate, power to be filed. . 2667
Banking and insurance, limited
partnerships of, not allowed. . 2662
Bankruptcy rights of special part-
ner 2684
Business, alteration in nature of,
effect 2673
By whom transacted 2664
Capital stock not to be with-
drawn 2677
Certificate, false statement in, ef-
fect of 2669
Acknowledged, how 2666
Filed when and how 2667
Specifications of 2665
Compliance with law as to, essen-
tial 2669
Constituted in what manner .... 2663
Continuance of partnership 2672
Creditor, special partner, not
claim as, when 2683, 2684
Dissolution, how effected 2685
Resulting from alteration of
names 2673
From change of nature of
business 2673
False statement in certificate, ef-
fect of 2669
Firm name 2674
Alteration in 2673
Formed by whom, and for what
purposes 2662
Fraud, partner guilty of, liability, 2680
Fraudulent assignments void .... 2681
General or special partner mak-
ing when insolvent 2682
Liability of special partner in
such case 2683
General partners, liability of 2679
Special partner liable as such,
when 2681-2683
Informal partnerships : . . 2669
Insolvency of firm, special part-
ner, not claim as creditor 2684
interest and profits be paid to, to
be paid back, when 2678
Li
INDEX.
578
CIVIL LAW.
Limited Partnerships — Continued.
Liability of general partner 2679
Name of firm 2673, 2674
Names', alteration, deemed a dis-
solution 2673
Firm name 2674
Power of attorney, when and how
filed 2667
Privileges of special partner 2676
Profits to be paid back, when. . . . Z678
Publication of terms of 2670
Evidence of publication 2671
Renewal of partnership 2672
Special partners, liable as special
partners, when 2681-2683
Insolvency of firm postpones
claim of 2684
Privileges of 2676
Specifications as to certificate. . . . 2665
Acknowledged, how 2666
Filed when and how 2667
Suits by or against 2675
"Lineal Heirs."
Defined to mean children 3084
Liquidated Damages.
Definition of 2993, 3794
Penalties in bonds are not 3795
Debts, division to give jurisdic-
tion 4069
Interest, demands bear. when.... 2883
Liquor 1519-1550
Bar room, license of 702
Bond of retail liquor dealer 1519
Corporate towns may grant,
when 1538
County charge against retailer. . 421
County license for sale of 421
Domestic wines defined 1523
Sale of 1521
Sale of, in cities 756, 757
Drunk, sale to one who is, forbid-
den 1539
Election days, sale on, forbidden, .5742
Election for or against sale of . . . . 1541
Ballots, how written 1544
Contest of elections 1546
Domestic wines sold 1549
Licenses not issued after peti-
tion filed 1542
Notice of election, publication
of 1543
No election, when sale already
prohibited 1550
Sale prohibited by majority
vote 1548
Time of election not oftener
than once in four years 1547
Voters, duplicate list of , 1545
Forfeiture for want of license 423
Inspection of 1531-1534
Inspector, city's right to appoint, 1600
Fees of 1533
How appointed 1531
Oath and duty of inspectors... 1532
Licenses by counties 420, 425
By towns and cities 1538
Confined to one place 1537
County charge for 421
Corporate towns may grant,
when 1538
Duration for one year 422
Law applies to towns and cities,
when 1538
License to retail, law regulat-
ing 1519-1530, 1535-1540
Sale without, unlawful 423, 1535
Tax, method of collection .... 1522
Tax payer may demand exhibi-
tion of 1624
Local option (see Election, above,
under this title) 1541-1550
Military camp, sale forbidden in. . 6548
Minor, right of action for furnish-
ing liquor to \ 3871
Money arising from, how applied, 1530
Oath of applicant to sell 1520, 1536
Penalties and forfeitures of. . 1519-1528
Not interfere with Penal Code. . 1529
Not interfere with penal code. . 1529
Penalty for selling to intoxicated
person 1539
Regulations touching sale of....
1535-1540
"Retail," defined 1540
Sale of, at elections punished .... 5742
License confines to one place. . 1537
To one who is drunk, forbidden, 1539
Saloons, license of 702
Liquor dealers.
Names of, tax receivers to return, 938
Special taxation of 790-801, 938
Tax on, authorized 5908
Violators, how punished 1525
Lis Pendens.
Notice by 3936
Literary and Other Similar Corpora-
tions 2363-2367
Charitable organizations, incorpo-
ration of 2363
Charitable trusts 2367
Contracts, validity of 2366
Incorporation of 2363
Legal residence may be changed, 2365
Libraries, incorporation of 2363
Residence may be changed 2365
Situs of educational and religious
corporations 2364
Social organizations, incorpora-
tion of 2363
579
INDEX.
Li-Lo
CIVIL LAW.
Live Stock (see Animals; Cattle;
Estrays; Lost Animals: Rail-
roads).
Carriers' duty to receive 2313
Cattle guards (see Railroads) ....
2243-2246
Combines and trusts, law as to,
not apply to 6470
Dogs, owners' liability for injuries
by 3822
Freight, live stock as (see Rail-
roads) 2313-2315
Injuries to, by railroads (see Rail-
roads) 2247-2262
Insuring live stock (see Insur-
ance Companies, Live Stock).
Killing of, lien for 2331
Liens of owner where killed by
railroad 2787 (13)
Railroad's duty to receive 2313
Contracts in violation void 2314
Stallions, lien of owner of 2811
Live Stock Insurance (see Insur-
ance, Live Stock).
Livery Stables.
License by cities 702
Liens, enforcement of 2820
Livery Stable Keepers.
Liability and duty of 2943
Lien in favor of. . 2787, 2810, 2820, 2943
Loans 2944-2954
Benefit, loan is usually for bor-
rower's 2y46
Borrower may sue, for what. . . . 2948
Interest of borrower not subject
to levy 2949
Loan is generally for benefit of, 2946
Charges, borrower to meet all nec-
essary 2951
Consumption, loans for 2944
Conversion, what constitutes.... 2953
Death of parties, effect of 2954
Diligence of borrower 2947
Division of loans 2944
"Give," when 3322
Increase belongs to lender 2952
Revoked, loan may be, when.... 2950
Title, borrower has none 2948
Transferable, thing loan is not.. 2949
Use, loan for 2945
Restricted to the manner con-
templated 2953
Lobbying.
Criminal under the constitution . . 5727
Lobby contracts void 3668
Local Laws.
Code, adoption not repealed 11
Enacted in what manner 5778
Local laws, and notice thereof,
how given 314, 5778
Tax collector and receivers con-
solidation acts, repealed 973
Tax commissions, local laws
changing, repealed 968
Local Option (see Liquor; Penal
Code) 1541-1550
Elections 1541-1550
Wine, tax on 1521
How collected 1522
Loss.
Falls on owner, when 3543
Two innocent persons, loss falls
on which 3940
Lost Animals (see Estrays; Stock
Law).
Advertisement of
Appraisement of
Conflicting claims, how tried....
Disposed of, how
Expenses, how determined
Liability of taker-up
Notice of sale
Proceeds of sale, how disposed of,
Reclamation by owner
Sale, notice of
When to be sold
Stone-horses may be gelded,
when
Taker-up, liability of
Penalty for default
Take up, who may
Lost Papers 4743-
Alias ft. fa. in justice's court
Agreement of parties or of coun-
sel, how proved
Continues, when granted
Copies of, when admissible
Copy of grant, when admissible. .
Copy deeds, establishment of . . . .
Deeds, re-record of
Defenses, by whom made
Established, when, where, and
how 4743-
Execution lost, alias may issue. .
Justice's court, establishment in. .
4082 (9), 4753-
Alias ft. fa. in justice's court. .
Method of establishing
Non est factum pleaded, plea, how
made
Note lost, may be sued on
Office papers established in-
stanter
Papers sued on are office pa-
pers, when
Ordinary, establishment of, be-
fore 4757,
Other papers than office papers,
how established
Oyer of, not demanded
1744
1743
1748
1743
1749
1750
1751
1746
1747
1751
1745
1756
1750
1749
1742
•4759
4705
5652
4746
5223
5674
3611
3619
4756
4759
4752
•4756
47b5
4745
4749
4749
4743
4744
4758
4745
4751
Lo-Ma
INDEX.
580
CIVIL LAW.
Lost Papers — Continued.
Papers certified, indorsement of
copy 4748
Payment of. decree in equity.
when 3969
Public records lost, how estab-
lished 5223-5230
Rule absolute 4747
Rule nisi, issued., when 4745
Rule absolute, granted, when. . 4747
Secondary evidence, when admit-
ted 5219. 5673
Special proceedings not affected
by Code 4972
Suit on lost papers 4749, 4750
Summary establishment of .. .4757-4759
Made in what manner 4757
Nonresident, how served 4758
Ordinary's compensation 4759
Superior court, established in...
4743-4752
Lost Property.
Finder of. as bailee 2922, 2927
Lotteries.
Constitutional provision prohibit-
ing 5726
Tax, defaulting, penalty 878
Lumber and Timber.
Drifted timber, penalty for dis-
posing of 1594
Fee for receiving and boomage. . 1595
Fees of inspectors 1592
Inspection and measurement. . 1600 (2)
Regulations governing . . . 1600 (3-7)
Inspection of naval stores and
lumber 1589-1600
Inspector, city's right to appoint. 1600
Violating law. punishment .... 1592
Who may be appointed 1591
Repeal of town ordinances inimi-
cal to Code 1592
Lumber Cars.
Weighed in what manner 2311
Lumbermen.
Liens of 2809
Lunatic Asylum (see Georgia State
Sanitarium).
Georgia Lunatic Asylum's name
changed to Georgia State San-
itarium 6510
Lunatics, Idiots, and Insane Persons
(see Georgia State Sanita-
rium: Idiots: Insane Persons:
Xon ccmpos mentis) 2570-2587
Abandon, liability of persons who. 444
Appeal from return of committee. 2575
Application, notice of 2573
Second application, how allowed 2576
Asylum for, law regulating (see
Georgia State Sanitarium) . . .
1409-1451
Barred, when 37,9, 3780
Civil rights of 1812
Commitment to asylum, proceed-
ings to 2573
Competency as witnesses T 5273
Confinement at instance of others,
when 2582
.By guardian, when . -. z581
Contract, power to 3647. 3652
Necessaries furnished to 3652
Definition of lunatic 5
Domicile 1828
Examination and return 2573
Expenses of proceedings, how
paid .' 2583
Guardians for 2570-2587
Appointment of 2570
Confinement by guardian, when 2581
Law governing 2580
Oath and bond of 2571
Powers and duties of 2571
Proceedings to appoint 2573
Wife preferred as 2572
Guardianship, how revoked 2578
Include all if unsound mind 5
Jurisdiction of ordinary over es-
tates of 4232
Limitations, how far affect. .3779, 3780
Marriage of. may be dissolved . . . 2426
Ordinary's jurisdiction as to. . 4232 (9)
Action of. on return 2574
Partition proceedings, lunatics
without guardian 4797
Pass over Western & Atlantic
Railroad free 1066
Pensions of. in asylum, abate.... 6516
Ordinary to notify fact 6516
Prescription not run against 3593
Probate of deeds attested by 3624
Revocation of letters, issue on
motion, how tried 2579
Letters, how revoked 2578
Second application, how allowed. 2576
Trust estates may be created for. 3149
Wife preferred as guardian for. . . 2572
Wills, authority to make 3266
Witnesses, incompetent as 5273
Attendance of. how secured. . . . 2577
Macadamized Roads.
City, macadamized by 720
Crossing public road, regulation
of 2232
Machinery.
Dangerous, master's liability as to 2611
Duty of master in reference to. . . 2611
Fixture, when 3049
Machinists.
Liens of
2787 (8). 2801, 2804
Maimed Soldiers.
Peddle without tax
1642-1646
581
INDEX.
Ma
CIVIL LAW.
Maintenance.
Contracts of, void 3668
Majority (see General Assembly).
Joint authority exercised by .... 4 (5)
Partners, majority control 2626
Maker and Indorser (see Bills of Ex-
change; Indorsers; Promis-
sory Notes).
Suits against, in justices' courts . .
4078, 4115
In superior court 5112
Venue of suits against 4953, 5873
Malice.
Inferred in malicious prosecution. 3848
Rebuttal of existence in slander
cases 3833
Malicious Arrest 3854-3857
Definition of 3854, 3857
Exempt persons, arrest of 3857
Malice consists in what 3855
Want of probable cause
3844, 3848, 3856
Malicious Prosecution 3843-3850
Action for 3843
Ended before right accrues, ac-
tion must be 3850
Evidence before grand jury ad-
missible 3845
Grand jurors exempt 3846
Malice inferred, when 3848
Measure of damages 3847
Probable cause, evidence of prose-
cutor 3845
Question for jury 3844
Shall exist, when 3844, 3845
Prosecution defined 3849
Malfeasance in Office.
Disfranchisement for 5738
Malpractice.
Surgery or medicine, damages for, 3831
Malpractice in Office.
County treasurer failing to ac-
count 419
Tax collector failing to account. . 419
Malt Liquors.
Special tax on dealers 790-801
Managers of Elections (see Elec-
tion Managers).
Mandamus.
Auditor, mandamus against
4591, 4592
Bill of exceptions 4874, 5540
Clerk or sheriff, mandamus
against, by supreme court. . .
Corporations, mandamus against,
Facts in issue, how and when
tried 4872
Issue of fact, when heard in va-
cation 4873
Fast bills of exceptions 5540
5555
4869
Governor, writ does not lie to. . . . 4877
Grant refused in what cases .... 4870
Issues of fact, how tried 4876
Judge compelled to sign bill of ex-
ceptions, when 5546, 5623
Lies against all officers except
Governor 4877
Lies not as a private remedy. . . .
4867, 4868
Official duty, mandamus to en-
force 4866
Private person, when entitled to
writ 4869
Special proceedings not affected
by Code 4972
Superior courts, writs granted
by 4321 (1), 5846
Supreme court, application for,
how made 6291
Either division may issue 6258
Hearing of cases in 4875
Transcript of the record, clerk
compelled to complete 5538
Vacation, mandamus heard in,
when 4871
Granted in vacation 4876
Mandatory Injunction.
Issue forbidden 4922
Mania (see Lunatics; Wills).
Manufacturers of Machinery.
Liens of 2787 (8)
Manufacturing Companies (see Fac-
tories).
Fire escapes, duty to provide.... 2622
Hours of labor in 2615-2620
Incorporation of 2350, 5780
Liens in favor of 2801
Seats for female employees 2621
Maps.
State Geologist's surveys 1725
Surveys of land grants 185 (3)
Marine Insurance (see Insurance,
Marine).
Maritime Law.
Ballast discharged in harbor, pen-
alty for 1685
Proceedings in such case 1686
Penalty for concealing 1687
Pilots and Pilotage (see that ti-
tle) 1651-1690
Market Overt.
Abolished in Georgia 3538
Market Value.
Proved in what manner 5286
Marks and Brands (see Estrays) . .
1757-1761
Marking, by whom done 1760
Marks, how changed 1761
Oldest record has preference.... 1759
Ma
INDEX.
582
CIVIL LAW.
Marks and Brands — Continued.
Recorded, marks and brands must
be 1757
Preference in favor of recorded
brands 1758
Marriage (see Alimony; Divorce;
Husband and Wife; Married
Women) 2410-2492
Acts in restraint of, void 2410
Able to contract, parties must
be 2411 (1)
Parties who are 2412
Administratrix, effect of marriage
of 3368
Agreements made upon considera-
tion of, void, when 2693 (3)
Must be in writing 2693
Amalgamation prohibited 2422
Authority lacking in person offi-
ciating 2423
Bans, return of 2418
Penalty for marrying without. . 2420
Breach of promise, witness in suit
for 5272
Brokerage bonds 2415
Colored and white persons cannot
marry 2422
Who may celebrate 1822
Consent, voluntary, essential 2414
Of parents 2419
Of trustees to 4021
Consummated according to law,
must be 2411 (3)
Contracts in restraint of, void. . . . 2410
Must be actual 2411 (2)
Contracts or bonds to trammel or
to force, void 2415
Debtor and creditor marrying, ef-
fect of 3716
Degrees of relationship which
prevents 2413
Divorces and how obtained (see
title, Divorce) 2425-2455
Drunk when married, effect of . . . . 2414
Essentials of valid marriages ....
2411. 2412
Executrix de son tort, effect of
marriage of 3312
Female partner, marriage of, dis-
solves firm 2633
Forfeiture by ordinary for de-
fault 2419
Impotency a disability 2412 (3)
Issue of void marriages legiti-
mate 2416
Jewish marriages 2421
Legitimate children of void mar-
riages 2416
Licenses 4250 (3)
Directed to whom 2417
How granted 2417
Penalty for marrying without. . 2420
Refusal to grant to minors.... 2419
Limitations over on marriage,
when void 3108
Minors, ordinary's duty 2419
Other State, marriage in, legal.. 2424
Parties of contract, marriage of,
extinguishes debt, when 3716
Partner, female, marriage of, dis-
solves firm 2633
Penalty on person officiating.... 2420
Persons of color 1821
Who may perform the cere-
mony 1822
Previous marriage undissolved,
prevents 2412 (1)
Prohibited degrees 2413
Proof of, in cases of crim. con. . . . 3869
Proved in what manner 5177
Relationship prevents, when
2412 (2), 2413
Restraint of contracts in, void. . . . 2410
States, other than this, marriage
in, valid here 2424
Valid, though authority lacking in
person officiating 2423
Essentials of valid marriage. . . 2411
Valuable consideration 3658
Marriage is 2487
Void marriages 2416
Drunkenness as affecting 2414
Issue of, legitimate 2416
White and colored persons .... 2422
Will revoked by marriage, when, 3347
Marriage Contracts and Settle-
ments 2480-2492, 2693 (3)
Appointment and removal of trus-
tees 2485
Consideration, valuable, marriage
is 2487, 3658
Construction of contract 2482
Contracts of married woman, pre-
sumptions 2492
Enforcement of marriage con-
tracts and postnuptial settle-
ments 2486
Equity jurisdiction to enforce .... 2480
Feme sole, wife is, as to 2488
Gift of wife to husband 2491
Husband, debts of, not to be as-
sumed by wife 2488
Cannot sell to pay such debts. . 2489
Cannot be surety for husband. . 2488
Limitations on wife's power 2488
Marriage article or parol agree-
ment 2480
Minority of party to contract
2489, 3651
Parol agreements or marriage ar-
ticles 2480
Perfect agreements, are not 2480
Postnuptial settlements , . . . 2486
Record of marriage contracts. . . . 2483
Wife may compel record 2484
583
INDEX.
Ma
CIVIL LAW.
Marriage Contracts, etc. — Continued
Rights of purchasers and cred-
itors 2480,
Sale by wife to husband or trus-
tee- 2490,
Court order necessary
Separate estate, wife is feme sole
as to
Surety for husband, wife cannot
be
Trust deeds and voluntary agree-
ments
Trustees, appointment and re-
moval of 2485,
Validity of
Valuable consideration, marriage
is 2487,
Voluntary execution of trust
deeds
Volunteers, when executed in
favor of
Who are volunteers
Wife stands as purchaser in
Witnesses in cases of breach of. .
2481
3188
2490
2488
2488
2481
3164
2488
3658
2481
2486
2486
2487
5272
Married Women 2473-2492
Acquisitions of wife remain hers, 2426
Administratrix, marriage of, effect
of 3367-3369
Administratrix of husband, ap-
pointment of wife as 3367
Adultery with wife, husband sues
for 3869
Agent, cannot be, when 3001
Alimony, law as to (see Alimony)
2457-2468
Communications with husband,
protected 3898
Consent to tort 3893
Contracts of wife 2492, 3647
Debts of husband, wife cannot sell
to pay 2488
Deeds of, how attested 3622
Divorce, law governing .... 2425-2455
Domicile of 1826
Dower, law regulating (see
Dower) 3367, 4687-4696
Executrix, effect of marriage of. .
3368, 3369
Executrix de son tort 3312
Habeas corpus, husband's action
for 3868
Heir from husband, when.. 3354, 3355
Husband, when heir from wife, 3355
Homestead, wife's right to apply
for 2843
Homicide of husband, wife's ac-
tion for 3828
Guardians, may be, when 2519
Marriage, law governing (see
Marriage) 2410-2424
Necessaries, husband's liability
for 2477, 2478
Ne exeat in cases of 4886 (3)
Parties to equity suits, when ....
Property of wife remains hers . .
2474,
Rights of 2473-2479,
Sale to husband or wife, valid,
when 2488,
Separate estate remains wife's..
2474,
Restrictions on
Subjection to husband
Surety, wife cannot be
Torts, consent of wife to, not bind
husband
Torts of wife, husband's liability,
Who may sue for 2475,
Trust estates, may bind for debts,
Wife's power to bind for her
debts
Trustees of, appointment and re-
moval 2485,
Marshal.
Damages against
Demand before suit, required . .
Duties of, as to taxes
Proceeds of sales by
Rule against
4843
5790
4689
3188
5790
2488
2473
2488
3893
3817
3816
3187
3187
3164
6427
6427
703
6426
6425
1018
4003
4001
4002
4003
Marshall's Ferry.
Land owned by State
Marshaling Assets (see Equity) ....
4001,
Bill to marshal assets 3999,
Creditors, bill to elect in, when,
Creditors' bills
Masonic Societies.
Incorporation, rights, powers, etc.
2356, 2357
Masons.
Lien of 2801
Master and Apprentice (see Appren-
tices; Master and Servant).
Master and Servant 2598-2625
Allowance at expiration of serv-
ice 2608
Apprentices and indented serv-
ants 2598-2609
Labor of, belongs to master. . . . 2608
Law as to 2598
Ordinary's jurisdiction as to. . .
2605, 4232
Apprenticeship, contracts of 2598
Contracts of persons of full age, 2598
Minor need not sign 2599
Blacklisting prohibited 1873
Buildings, examination and report
ast 2623, 2625
Changed, relation may be, when. . 2607
Citation by ordinary 2605
Co-employees, diligence of master
in selecting 2611
Injuries to 2610
Contracts exempting from negli-
gence, void 2613
Ma-Me
INDEX.
584
CIVIL LAW.
Master and Servant — Continued.
Contracts for hours of labor, limit
on 2615
For longer time void 2616
Contracts of apprenticeship .... 2598
Corporal punishment of minors.. 2620
Dangerous machinery, master's
liability 2611
Deceased employees, wages of,
payable to widows 6657
Diligence of master in employing
co-employees 2611
As to dangerous machinery .... 2611
Discharging servant, corporations
shall furnish cause 1875-1878
Disputes between master and ap-
prentice, jurisdiction 2606
Dissolved, relation may be, how. . 2607
Duty of master 2600, 2611
As to co-employees and machin-
ery 2611
Duty of servant 2612
Employee, injured by co-em-
ployee 3818
Employment of indented servant
actionable 2601, 2609
Evidence of indenture 2602
Examination of buildings by pub-
lic officers 2623
Alterations or additions to be
made by owner 2625
Authority of municipal officers, 2624
Reports of, to be made, when. . 2625
Exempting from liability, con-
tracts void 2613
Factories, hours of labor in, 2615-2620
Female employees, seats for re-
quired 2621
Fire escape, duty to provide 2622
Regulations as to stairways,
doors, etc 2622
Fellow-servant (see Railroads) . .
2610, 3030
Hours of labor by minors 2619
Hours of labor in factories 2615
Contracts for longer time, void, 2616
Penalty for exacting excessive
time 2617
Suit for violation 2618
Indented servants and apprentices
2598-2609
Injuries to co-employees 2610
Jurisdiction of ordinary where
dispute arises 2606
Knowledge of master 2612
Labor of apprentice belongs to
master 2608
Liability of master to servant. . . .
2610-2614
Machinery, diligence of master. . 2611
Manufacturing establishments,
hours of labor in 2615-2620
Minor children, parents may bind
out 2604
Corporal punishment to
minors 2620
Hours of labor by 2619
Need not sign indenture 2599
Negligence of master 2612
Contracts exempting from, void, 2613
Ordinary may bind out in certain
cases 2605
Notice of, to be given 2605
Procedure in such cases 2605
Ordinary risks assumed by serv-
ant 2612
Parents may bind out minor chil-
dren 2602
Procedure where ordinary binds
out 2605
Railroads, liability to employees . . 2297
Reciprocal obligations 2610-2614
Regulations as to safety of build-
ings 2622-2625
Relationship, how dissolved or
changed 2607
Right of action against person
employing apprentice.. 2601, 2609
Right of master 2601
Rights of servant 2603
Risk of employment, servant as-
sumes 2612
Seats for female employees 2621
Servants, hours of labor in manu-
facturing establishments, 3615-2620
Suits for exacting excessive time, 2618
Term of service 2614
Torts done to servant 3816
Torts by servant 3817
Wages of servant, when due 2614
Master in Equity (see Auditors).
Abolishment of 4581
Material Men.
Lien of 2787 (8), 2801, 2804
Mayor (see Municipal Corpora-
tions).
Maxims in Equity.
Specified 3923-3943
Mcintosh Reserve.
Owned by State 1018
Meal and Grain.
Regulations as to (see Flour) ....
1621-1630
Meaning of Certain Words 5
Measure of Damages (see Dam-
ages).
Bonds with penalties 3795
Contracts, breach of 3793-3803
Forthcoming bonds, liability on.. 5438
Malicious prosecution 3847
Official bonds 264
Torts 3905-3916
Trover 3917
Warranty, damages for breach of, 3804
585
INDEX.
Me-Mi
CIVIL LAW.
Measures and Weights (see
Weights and Measures).
Law concerning 1634-1639
Power of congress to fix 5974 (5)
Mechanics'.
Accounts of, bear interest 2885
Garnishment, exemption of
wages 4732
Mechanics' Lien 2787 (7), 2801-2805
Contractor's work or material fur-
nished for improvement
of 2801 (2)
Created and declared, how .... 2804
Lien attaches to what .... 2801 (3)
Real estate, when discharged
from such lien 2801 (4)
Parts 3 and 4 of § 2801 repealed. . 6176
Personalty, mechanics' lien on... 2805
Rank and dignity of 2804 (4)
Record, time of 2804 (2)
Substantial compliance essential
2804 (1)
Twenty-five per cent, retained by .
contractor 2802
This section repealed 6177
Work done under employment
of 2801, 6176
Part 3 and 4 of § 2801. re-
pealed 6176
Medical Board 1482-1491
Appointment of 1482
Certificate to practice must be
recorded 1488
Examination of applicants 1485
Who may be examined 1486
Fees from examinations, how
used 1487
Meetings and officers 1485
Oath of office 1484
Officers and meetings 1485
Penalty for unlawfully practicing, 1489
Rules and regulations prescribed
by 1485
Terms of office 1483
Unlawful to practice, when 1488
Penalty for 1491
Practicing, who to be regarded
as 1490
Vacancies, how filled 1483
Medical Colleges.
Dead bodies, distribution of
bodies to 1511, 1518
Medicine.
Malpractice, action for 3831
Malpractice, damages for 3831
Medical Board (see that title) . .
1482-1491
Midwives not required to register, 1481
"Practice medicine" defined 1478
Practice, who may 1477
Register, dentists not required to, 1481
Register, practitioners must .... 1479
Removing, must register again. 1480
Register, United States officers
not required to 1481
State Board of Pharmacy... 1492-1503
United States Medical officers 1481
Members of Congress (see Con-
gress; Constitution of the
United States).
Eligibility of members, as to resi-
dence 85
Members of House of Representa-
tives, State (see General As-
sembly).
Members of Legislature (see Gen-
eral Assembly).
Members of Senate, State (see Gen-
eral Assembly).
Memoranda.
Witness' right to refresh memory
by 5284
Memorial Board (see State Memo-
rial Board).
Mental Incapacity.
Trust Estates, creation of 3149
Merchants.
Accounts of, bear interest
2885, 3424 (8)
Books admissible in evidence 5182
Merger.
Estates, lesser, merged in greater, 3106
Lien on one's own property 3107
Parol negotiations, merger in
writing 3675, 5166, 5201
Merits.
Attachments no bar where merits
not passed on 5095
Plea to the merits 5049
Mesne Profits (see Ejectment).
Guarantor, obliging of, 3617, 5001, 5234
Improvements by, set-off against
3753, 5087
. Recovery of, in ejectment 4997
Separate suit for, forbidden 4998
Messengers.
Governor's appointment of . . . . 134, 144
Duties of messenger 145
Governor's, how appointed 134
Senate and House, election of . . . . 296
Midwives.
Register, not required to 1481
Mile and Guide Posts.
Place on roads, duty to 552, 553
Military (see Militia; Military Af-
fairs; Military Forces; Volun-
teer Forces) 1094-1270
Ammunition, supplies of 1158
Armory 1156
Arsenals 1150, 1151
Mi
INDEX.
586
CIVIL LAW.
Military — Continued.
Arsenals and public arms, keep-
ers of 135
Calling out, Governor's power. . . .
118, 119
Commissioned under seal of exec-
utive department 228
Contested elections 1142-1149
Flag, description of 1149, 1202
Fund for military 1204
Gun powder, deposits of 1151
Insurrection, Governor's duty....
1168. 1229
Parades 1163-1165
Disturbers of parades subject
to arrest 1164
Insubordination by bystanders
or volunteers 1165
Pensions (see that title) 1250-1270
Public arms, where kept 1150
Regiments, batallions, companies,
etc., division into 1100-1110
Storekeepers 1152-1155
Appointment of 1152
Bonds and surety on 1153
Duties of 1154
Oath of 1153
Penalty for violation of duty. . 1155
Sutlers 1166-1167
Volunteer forces (and see title
"Volunteer Forces") . . . 1094-1141
Military Affairs.
Adjutant-general ranks as a brig-
adier-general 6517
Arms and ammunition 1157-1162
Bond to be given for arms and
accoutrements 1159
Collection of arms 1162
Keeping arms 1161
Supplies of ammunition 1158
Surrender of arms 1160
What arms and accoutrements
furnished 1159
Assistant adjutant-general ranks
as a colonel 6517
Civil authority superior to mili-
tary 5716
Confederate soldiers' cemeteries,
investigating condition of . . . . 6519
Confederate soldiers' roster 6520
Advertisement of filing of ros-
ter 6525
Committee, how appointed, 6520, 6521
Contents of roster 6523
Errors in roster, correction of,
procedure 6526
Expenses and fees 6528
Forms for roster 6524
Transcript of record as evi-
dence 6527
State memorial board (see that ti-
title 6518, 6519
Military Forces (see Militia; Mili-
tary Affairs ; Volunteer
Forces).
Absence cause for discharge, 1118, 1119
Adjutant-general 1097
Advisory board 1207-1214
Duties of board 1207
Evidence before board 1210
Expenses of 1212
Governor a member 1211
Reports of 1213
Age of enlistment 1104
Ambulance corps 1038, 1137
Appointments made by Governor, 1122
How certified 1238
Appropriations 1214
Armory 1098
Arrest on parade day, exemption
from 1233
Battalion 1100-1102
Battalion, officers of 6533
Battalion colors 1149, 1202, 1227
Board of examiners 1124
* Compensation of 1126
Report of board 1125
Called out, when 1168-1182, 1229
Cavalry 1098
Chartered organizations pro-
tected 6538
Charters of certain companies re-
tained 1099, 1111
Code, §§ 1147, 1158, 1191, 1229-
1232, 1235-1239, repealed 6554
Colored volunteers 1094
Commission, duration of 1143
Commissioned officers, how gov-
erned 1202
Companies, division into ...:.... 1103
"Company," shall include what. . 6536
Company elections 1115
Company names 1112
Company officers 1103, 6535
Courts-martial 1183-1199, 6549
Jurisdiction of such courts.... 1183
Pay of members 1198
Proceed ex parte, when 1187
Punish contempts 1189
Rules of such courts 1184
Definition of terms 1109
Degraded in what manner 1191
Disbandment of companies 1208
Discharged for what cause 1128
Discharged soldiers, re-enlistment
of H08
Discharge of officers 1118
Discipline 1221-1227
When called into actual serice. 1224
Drilling by unauthorized compa-
nies forbidden 1205
Drills of company 6546
Drunken persons at parades 1167
Elections, how conducted... 1115-1117
Contested elections 1142
587
INDEX.
Mi
CIVIL LAW.
Military Forces — Continued.
How decided 1142
Majority controls 1142
Place of holding 1236
Returns of elections, 1117, 1235, 1238
Emergencies, duty of mayor and
officers 1170, 1231
Encampments of 1215
Permanent site for 1217
Enlistment 1104-1107
Term of 6541
Examination of officers, 1123-1126, 1132
Examining board 1123-1126
Exemption from road duty and
street taxation 6551
Field officers, how elected 1116
Fi. fa., when returnable 1192
Fines for contempt, how disposed
of 1199
Fines, how collected 1190
Flags, when going out of State. . 1227
Government of non-commissioned
officers and men 1221
How governed in service 1224
Governor is commander-in-chief. . 1095
Duty in cases of riot
1169, 1170, 1181, 1229
Staff of Governor 1096
Governor's authority 6531
Graduate officers, how assigned..
1113, 1114
Gunpowder, deposits of 1151
Heavy artillery, constitution of. . 6534
Officers of 6534
Independent companies, no pa-
rades by 1205
Infantry 1098
Invasion 1168
Judge-advocate 1097
Jury duty, exemption from 1200
Judge, duty in case of riot 1169
Leave State, when 1206
Liquor, sale forbidden in camp.. 6548
Mayor, duty of, in case of emer-
gency 1170, 1231
Medical department 1130-1141
Examination of officers 1132
Officers of the Department .... 1131
Military laws and usages adopted, 1223
Militia exempt from toll 1232
Militia force defined 6529
Militia under arms all day, when, 1233
Mob violence 1160-1182
Moneys, to whom returned, 1204, 1193
Mustering out of officers 6437
Names of existing corporations . .
1099, 1112, 6539
Naval militia (see that title) ....
1240-1249
Non-commissioned officers and
men, how governed 1221
Number of 6530
Constitution into companies,
battalions, etc 6530
Oaths, officers may administer. . 6545
Office, only one can be held 6540
Officers .... 1096, 1101-1103, 1118-1127
Commissions, how sealed .... 1237
Duration of commissions 1143
Liability of 1186
Nomination of, how certified.. 1238
Oath of 1127
Powers of, in emergencies, 1231, 1170
Punishment of 1197
Report themselves, duty to ... . 1239
To report when commissioned. . 1239
Tried how 1195
Tried where H96
Order at parades, how preserved
1163-1167
Organization of 1098, 5922
Unauthorized companies, organ-
ization of, forbidden 1205
Organization into regiments, etc.,
by Governor 6531
Pay and rations when in service. .
1218, 1230
Pay of, when allowed 5923
Of members of court-martial. . . 1188
Pensions of officers and men in
active service 6550
Permission to leave necessary. . . . 1206
Privates 1104
Discharge of 1128
Public defenses 1094-1249
Quartering of soldiers on citizens
forbidden 5716
Regiments, officers of 6532
Regulations, Governor to make.. 1203
Reorganization of .' . 6529-6554
Reports of officers 1219, 1239
Resignation of officers 1118
How tendered 1120
Honorable retirement 1121
Retired officers, privileges of . . . . 6542
Retirement, honorable 1121
Retiring board, appointment, du-
ties, etc 6543
Right of way 1164, 1127, 1178
Riots 1168-1182
Road duty, exemption from 1200
Rules of government of, how pre-
scribed 1220
Rules of United States army of
force 1201, 1223
Senior officer commands 6553
Sheriff, duty of in case of riot. . . .
1169-1182
Liable to rule, when 1192
Signal corps, allotment of 1098
"Special pay members," exemp-
tions of 6551
Staff officers 1096, 1122, 1123
Mi
INDEX.
588
CIVIL LAV/.
Military Forces — Continued.
Storekeepers, how appointed .... 1152
Penalty for violating duty 1155
Substitutes, how and when al-
lowed 1228
Surgeons 6552
Surgeon-general 1134
Duties of 1135
Vacancies, how filled 1136
Term of enlistment 1105
Transfer from one company to an-
other 1107
Transportation 1216
Uniforms 1144
Contracts for 1147
Fatigue uniforms 1146
Wearing without commission. . 6544
United States army regulations
adopted 1223
United States army rules of
force 1201
United States service, detail for. .
1225-1227
Vacancies, effect of 1110
Filled in what manner 1115
On election to new office 1129
Venue, change of, when 1179
"Veteran Roll" 6547
Volunteers are militia 1094
Not to leave State, when 1206
Who may be enrolled as 1104
War 1168-1182
White companies 1094
Military Fund 1204
Military Officers.
Staff officers, appointment of, 1096, 1122
Examination of 1123
Military Parades.
Law for preserving order at, 1164-1167
Military Storekeepers (see Mili-
tary Forces) 1152-1155
Militia (see Volunteer Forces).
Definition of militia forces (see
Military Forces) 6529
Called out by Governor, when ....
118, 119, 1163, 1168
Females exempt from duty in. . . . 1810
Law concerning 1094
Naval militia 1240-1249
Officers eligible to General Assem-
bly 5754
Officers of 1096
Organization of 5921
Pay of, when allowed 5922, 5923
Road commissioners exempt from
duty in 3588
Volunteers (see Volunteer
Forces) 1094-1249
Volunteer forces made up of 1094
Volunteer companies organized. . 5922
Militia Districts 330-339
Change of, not oust officers 338
Not remove suits 339
Changed in what manner .... 333-336
Code, districts unchanged by, 331, 4107
Constables, two for each district. . 4083
Court house for 4109
Division of counties into 330
Election of justice of the peace
and constables . . 337
Fences around 1781-1788
Fences so erected, protected.. 1782
Gates to be erected 1784
Part of county excepted 1788
Voters, rights of 1786
Pasturage furnished, when. . . . 1785
Stockdrivers shall avoid tres-
pass 1783
Streams are fences, when 1787
Justice of the peace, one for each
district 4051
Laid out or changed, how, 333-336, 6126
Consolidation or abolishment of
old districts 6126
Lines the same until changed. . . . 331
Making or changing districts, con-
sequences 338, 6127
Consolidation or abolishment of
old districts 6126
Male residents contained in 332
New district laying out, proceed-
ings transmitted to Governor, 336
Notary public, one for each dis-
trict 4052
One justice of the peace in each
district 4051
Ordinary's jurisdiction over 4238
Proceedings of commissioner re-
corded 335
Size of 332
Suits pending, new district, court
of 339
Survey of 334
Voters, rights of 1786
Militia Districts defined 330, 332
Militia Duty.
Alien not subject to 1819
Mill Dams.
Nuisances by 4760
Use of running water, right of
owner to 3057, 3879
Mills and Millers 1631-1633
Public mills defined 1633
Nuisances, abatement of, as, 4760, 4764
Stamp on sacks 1622
Tolls allowed 1631
Turn, grain to be ground in 1631
Penalty for not so grinding. . . . 1632
Millwrights.
Lien on 2801
589
INDEX.
Mi
CIVIL LAW.
Mines and Mining.
Application for privileges' 654
Application and proceedings
thereon 656
Arbitrator's duty 651
Damages, how assessed 652
Divert streams, miners may .... 652
Damages, how assessed 652
Drainage privileges, how obtained
655 656
Land and water rights. . 652, 656, 3070
Lease not carry mining interest,
when 3114
Lessee * of mines deemed the
owner 657
Waste of water prohibited.... 6131
Mining interest passes, when in
lease 3114
Privileges incident thereto 653
How obtained 654
Rights of way for persons en-
gaged in 650-657
Stocks in mining companies, char-
acter of 3070
Tax returns of mining compan-
ies 816-818
Tenant in common not entitled to
do 3144
Water course, diversion of, arbi-
trators' duty 652
Water power, may control,
how 653-657
Mingling Goods.
Agents mixing goods, effect of . . . . 3020
Loss in such cases, falls on whom, 3990
Minors (see Children).
Administrator resigning, right of
minors' 3515
Right of to expend for 3431
Rights of infants on settlements
with 3515
Adoption of infants 2497, 2498
Age of majority 2500
Alimony for children on final
trial 2462
Alimony pending suit for di-
vorce 2461
Appear in equity, in what man-
ner 4843, 4866, 4897
Apprenticed, when 2542, 2605
Apprenticeship, need not sign in-
denture . 2599
Barred, when 3779
Bond of next friend.. 2538, 5681, 5696
Bound out, when 2542, 2605
Charitable institutions for custody
of (see Charitable Institutions
for Children) 2372-2387
Civil disability of 1811
Condemnation of property of, no-
tice, how served 4661
Guardan ad litem, for minor. . . . 4663
Consent to tort, not excuse 3893
Contracts of, law governing, 3648-3651
When bind 3647, 3648
Infancy a personal exemption. . 3649
Retaining benefits of, after ma-
jority 3648
Corporal punishment by factory
owners 2620
Deed of, how voided 3604
Disabilities of 1811
Divorce, support and custody of
children, pending suit for. . . . 2461
Doing business, bound, when.... 3650
Domicile of 1826, 1827
Executor, minor may be appointed
as 3308
Gaming with, civil action for (see
Guardian and Ward; Parent
and Child) 3872
Gift, who may accept for 3565
Gifts by those lately minors 3572
Guardian's duty as to 2539
Law as to 2512-2597, 4987
Ordinaries, jurisdiction as to..
4232 (5, 6)
Guardians ad litem for 4866, 4987
Hours of labor by, in factories. . 2619
Illegitimate children 2507, 2511
Ineligible to hold office 223 (1)
Infant, definition of 2500
Left by transient persons, support
of 444
Legitimate children, who are .... 2493
Divorce for pregnancy, child il-
ligitimate 2493
Limitations, how effect 3779, 3780
Liquor furnished to, civil action
for 3871
Majority, age of - 25'00
Marriage of 2419
Marriage contracts of 3651
Marriage contracts and settle-
ments, effect of minority .... 2489
Next friend, application for home-
stead by 2842
Bond required of. . 2538, 5681, 5696
Infant's right to sue by 4947
Nonresident, guardian appointed
for 2517
Parental control, when free from, 2502
Parents' power and duty... 2501, 2504
Legitimacy, law as to.... 2493, 2494
Illigitimate children 2507, 2511
Partisan proceedings, minor not
notified 4797
Plea of infancy 3649, 3893, 3904
By one of several obligors 5011
Prescription not run against. . . . 3593
Probate of will, as affecting 3283
Prochien ami bond of (see Next
Friend, above) . . . 2538, 5681, 5696
Service on, how perfected 4987
Mi-Mo
INDEX.
590
CIVIL LAW.
Minors — Continued.
Suits by, not void 4947
Defect amendable 4947
Torts by, liability of parent 3817
Infant also liable 3904
Infancy as a defense 3904
Torts to and by minors
3816, 3817, 3893, 3904
Torts to parents, right to sue for. 3816
Trust estates, created for 3149
Trustees for, bond required of . . . . 3164
Will, minors under fourteen, can-
not make 3265
Witnesses, competency as 5273
Year's support of minors of dece-
dent 3465-3470
Minutes.
Amended, when and how.. 5118, 5119
Double set to be kept, when
4336, 4360 (3)
Governor's office 141 (1)
Motion for new trial need not be
entered upon 5475
Ordinary, court of 4266
Duty to keep 4250 (7), 4258
Reading and signing of 4049
Superior courts sitting in banc. . . .
4336-4338
Miscegenation.
Prohibition of 2422
Misjoinder (see Actions; Joinder;
Parties; Pleadings).
Actions, misjoinder of (see ac-
tions) 4938, 4946, 5048
Contracts and torts 4944
Misnomers.
Amendable instanter 5102
Misrepresentation (see Fraud).
Action for, lies in what cases. . . . 3814
Agent bind principal, when, 3026, 3029
Award vitiated by mistake of law, 4483
Compositions with creditors
voided by 2692
Constitutes legal fraud, when. . . . 4026
Credit for another, representa-
tions to obtain must be in
writing 3815
Estoppel, misrepresentations
acted on, are 5150
Fraudulent, when 3533, 4026
Officer, personally bound by .... 5449
Mistake (see Accident and Mistake;
Equity).
Agents, mistake of 3033
Payment by or to, when recov-
erable back 3036
Alteration made by 3702
Clerical mistakes amendable.... 5125
Clerk superior court, supreme
court, how correct in 5374
Consideration founded on 3660
Definition of, in equity 3973
Druggist's mistakes causing in-
jury 3866
Equity, relief against in, when. .
3973-3988
Wills executed under mistake,
how far void 3262
Error in form oi conveyance.... 3970
Execution, mistakes in, amend-
able 5115
Fact, mistake of 3983
Grants, errors in, correction of. .
3212-3218
Effect of corrected grants .... 3218
Innocent mistake in assignment
schedule 271o
Mistake of one, cancellation for,
when 3982
Sale, when annulled by 3535
Mistrial.
Misconduct of counsel 4419
Mitigation of Damages (see Dam-
ages).
Lessen damages, plaintiff's duty
to 3802
Subsequent earnings in litigation
of 3017
Mobs 1168-1178
Governor s duty 1169
Mayor's call in case of emergency, 1170
Military troops, control streets
for 1178
Ordered to disperse before firing
by military 1171
Money.
Bona fide purchaser of goods, title, 3538
Gift of, from specified sum, gen-
eral legacy 3326
Homestead, exemption of 2841
Loan to make crops, liens on. . . . 2800
Tender of, how made 3728
Money, Appropriation Bills (see Ap-
propriation Bills; General As-
sembly).
Money Rules.
Inverse order of sales, when.... 5824
Parties, when fund raised by cred-
itors' bill 4845
Practice on (see Rules Against
Officers) 4776, 4769-4782
Monopoly.
Contracts for, illegal.. 3668, 5730, 5800
Month.
Defined 5
Means calendar month 5
Monuments.
Administrator may provide for de-
ceased 3424 (2)
Inscriptions on, as evidence 5170
591
INDEX.
Mo
CIVIL LAW.
More or Less.
Includes what 3542
Mortgages 2723-2770
Affidavit of illegality to mortgage
fi. fa 2765
After acquired property, mortgage
may embrace 6175
To trustee to secure after issue
of bonds 6175
Aliens may receive and enforce. . 1818
Application to foreclose, by whom
and how made 2753-2764
Apportionment of, in equity 3992
Barred debt not prevent foreclos-
ure 2735
Bill of sale, not a mortgage, when, 2725
Bill of sale to personalty to secure
debt, foreclosure 6631
Defense thereto 6632
Bond, purchasers giving, respond
•to lien 27*2
Replevy bond 2766
Canals, mortgage of 1995
Cancellation of mortgages 2737
Claim money, mortgage ft. fa.
may, when 2758
Claiming proceeds of sale 2741
Clerk fees 2738
For entering lien on execution
docket 2782, 2785
Conditional sales (see Sale to Se-
cure Debts! 2771-2777
Contests of liens by third persons, 2769
Contractor's lien, failure to retain
twenty-five per cent 2803
Covers what 2723
Crops, mortgages on 6592-6594
Landlord's liens not affected.. 6594
Lien of mortgages on crops. . . . 6592
Supplies shall be furnished
within the year 6593
Dead, mortgagor being, proceed-
ings to foreclose 2748
Debts not due, foreclosure before,
when 2754
Not proved to be mortgage,
when 2725
Deceased mortgagee, represent-
ative may foreclose 2768
Defective record 2729
Defenses by mortgagor 2762
Against foreclosure on realty. . 2746
Definition of a mortgage.. 2723, 6174a
To trustee to secure issue of
bonds 6174a
Deposit of title deeds not held
equitable mortgage .*. . 29o6
Disposition of proceeds 2751
Retained by court, when 2752
Dower, rank of claim 4688
Embraces what 2723
Equal dates, proceeds of, how dis-
tributed 2740
Equity, foreclosure in 2770
Evidence, mortgages, when ad-
missible as 2728
Execution and form, etc 2724
Executions, general execution
docket , 2779
Fees of clerk 2738
For entering execution on
docket , . 2782, 2785
Fees of justice and constables. . . . 2764
Foreclosure affidavits amendable, 5122
And so as to counter affidavits, 5122
Debt, barred, not prevent 2735^,
Defenses by mortgagor.. 2746, 2762e^
Fees of justice and constables, 2764'f4
Issue, how tried 2749
Justice of peace, foreclosure be- ^\
fore 2760 fp-
Notice to be given to mort-
gagor 2763 .OjU.
Purchaser from mortgagor, — **
when bound by 2736 4
Representative of deceased
mortgagee may foreclose. . . .
2744, 2768 /
Rights not affected by Code 4972
Sale without 2759
Foreclosure by building and loan
association 2392
Foreclosure in equity 2770
Foreclosures on personalty, 2753-2769
Defenses, when and how made
2765-2769
Foreclosures on realty 2743-2752
Dead, mortgagor being, proceed-
ings in such case 2748, 2768
Deceased mortgagee, applica-
tion by representatives 2744
Defense against z746
Method of 2743
Third person cannot defend. . . . 2747
Transferee may foreclose, how, 2745
Form and execution 2724
General execution docket 2779
Judgments against nonresident
recorded on 2783
Guarantees, mortgage to, valid . . 2733
Guardian cannot give 2555
Illegality to mortgage ft. fa., affi-
davit of 2665
Defendant may file affidavit of, 2756
Indemnification of sureties
2733, 2983, 2994
Instalments, debts due by 2739
Surplus controlled to protect
lien 2739
Proceeds retained by court,
when 2752
Issue, how tried 2749
5
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oc
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(3
u
t ...
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>
z
I
\\>
Mo
INDEX.
592
CIVIL LAW.
M ortgages — Continued.
Judgments, lien on property out
of county 2780
Where no valid defense 2750
Justices' ana constables' fees.... 2764
Justice of the peace, foreclosures
before 2760
Lien of 2726,. 2727, 2787 (5)
Confirmed • . • 2 78?, 2788
Contest by third persons 2768
Mortgage /?. fa., may claim
money, when 2758
Purchasers' giving bond re-
spond to 2742
Levy and sale of mortgaged prop-
erty 2755, 2761
Proceedings as to 2755
Without foreclosure 2759
Advertisement, requirements
as to 2757
Nonresident, judgments recorded
on execution docket 2783
Notice of foreclosure to be given
mortgagor 2763
Notice of prior unrecorded mort-
gage 2727
Order of sale, attested in what
manner 2750
Parol evidence, inadmissible to
make debt or bill of sale and
mortgage 2725
Personal property, mortgage on,
how foreclosed 2753-2764
Personalty, county judge may
foreclose on 2753, 4208
Bond, mortgage may embrace
after-acquired property 6175
Mortgage on, how foreclosed..
2756, 6175
Pleas, defenses, etc 2746-2749
Power of sale in mortgage 3003
Preferences by mortgage 2697
Mortgage may be given to pre-
ferred creditors 2697
Probate for record 2731
Proceedings as to levy and sale. . 2755
Bind purchaser from mortgagor
after foreclosure 2736
Proceeds of sale, mortgagee's
right to claim 2741
Sale, and disposition of
2751, 2752, 2767
Purchaser at sale succeeds to
what 5471
Giving bond to respond to lien. . 2742
Purchaser from mortgagor, when
bound by foreclosure 2736
Purchase money, superior to what
3472. 4688
Railroads 2167 (10, 11)
Rank of, in payment of debts of
decedent 3424 (6)
Realty, mortgage on. how fore-
closed 2743-2745
Pleas, defenses, etc., when and
how made 2746-2749
Record (see Registration, below).
Records, admissible in evidence,
when 2728
Registration, clerk's fees.. 2782, 2785
Chattel mortgages on goods, re-
corded where 2726
Defective record, effect of 2729
Effect of failure to record 2727
Failure to obey law not effect
parties 2781
In what county made 2726
Instruments requiring, take ef-
fect, when 2778
Not in time 2730
Of transfers and liens 2778-2786
Parties to judgment, laws not
apply to 2784
Probate for, general rules ap-
ply 2731
Property afterwards brought
within the State 2726
Renewed or re-executed mort-
gage, not recorded, lien of. . 2726
Time, record not in 2730
Redemption by mortgagor 2734
Replevy bond 2766
Representatives. foreclosure
against 2748, 2768
Of deceased mortgagee, fore-
closure by 2744
Sale of mortgaged property 2767
Consent sale, without foreclos-
ure 2759
Consent sale, how contested.. 2750
Disposition of proceeds 2767
Order of sale, how contested.. 2750
Proceeds, how appropriated. . . .
2751, 2752
Sale, under levy 2755, 2761
Sales subject to lien or mort-
gage 2741
Sales to secure debts 2771-2779
Security only (title not pass) .... 2723
Several distinct mortgages 2740
Stock of goods, mortgage on.... 2723
Lien on such cases 2723
Sureties, mortgages to, valid .... 2733
Tacking prohibited 2732
Third person cannot defend be-
fore levy 2747
May defend after levy, when. .
2750, 2769
Title not pass by, but are only se-
curity for debt 2723
Transfer of notes carries mort-
gage 3684
Transfer of part of notes se-
cured 3684
593
INDEX.
Mo-Mu
CIVIL LAW.
M ortgages — Continued.
Transferee may foreclose, how
2745, 3684
Trustee cannot give 3186
Mortgage to, to secure issue of
bonds 6174 (a), 6175
Void sales under purchaser at. . . . 5471
Year's support, inferior to what. . 3472
Mortuary Tables (see Notes on
page 870, and 70 Ga., 844-847).
Mother.
Homicide of child, mother's action
for 3828
Motions (see Demurrer; New
Trial).
After decisions on one ground,
others not entertained 5675
Arrest of judgment, motions in..
5362-5367
Default, motion to open 5070-5073
Defects which may be objected to
by motion 5046
Insisted on at once, motions must
be 5675
Nonsuit, when handed in \
4419, 5347, 5675
Opening and conclusion on 5676
Writing, motions to be in 5677
Motions for New Trial (see New
Trial).
Moulding Judgments (see Judg-
ments).
Superior court, judgments by. . . .
. . 3076, 3249, 4853, 4929, 5333, 5420
Moulding executions thereon. . .
3076, 4929, 5420
Moulding Verdicts (see Verdicts).
Cases at law 5333
Equitable causes of action. . 5333, 5420
Partition in equity 4785
Mulatto.
"Negro" included 5
Multiplicity of Suits (see Equity).
Consolidation of action for,
ground of 4846
Ground of equity jurisdiction....
3989, 4894, 4916, 5048
Municipal Bonds (see Municipal
Corporations) . . 377-382, 710, 758
Issued in what manner, 377, 381, 5893
Mutual Accounts.
Definition of 3769
Mutuality of Contracts (see Con-
tracts).
Established, when 3645
Necessity of 3526, 3645
Mutual Insurance (see Insurance,
Mutual) .
Law regulating 2134-2138
38 — Ga. Code.
Mutual Promises.
Consideration for contracts 3661
Mutual Wills.
Law as to 3256
Municipal Corporations 683-761
Accounts separate, duty of officers
to keep 720
Failure is malpractice 721
Agricultural products not taxable
16o8, 1609
Alternative sentence by police
courts 712
Assessment of taxable property. .
696, 717
Assessors, reports of 718
Assign, municipal corporations
cannot 2698
Bind over or commit offenders.. 699
Boards of education, powers of. . 6323
Bonded debt, compromise of.... 758
Funding of 758-761
Bonds, county and city bonds, how
paid 5894
Bond elections.. 377-381, 710, 722, 5893
How held 378
Number of votes, how ascer-
tained 380
Bonds, criminal, forfeiture of, 698, 699
Bonds, collection of 381
May be issued, when 379 ,
May tax to pay 5894
New bonds for old 759
Of city and county, election
for 377, 381
Issue of 710, 722, 5893, 5909
Of offenders 712-716
Sinking fund, how provided . . . 761
Buildings, examination and in-
spection, authority as to, 2623-2625
Buildings, fences, lanes, etc 696
Buildings of, exempt from tax,
when 762
Burning house to prevent spread
of fire 3056
Cemeteries, powers as to.... 696, 742
Census of cities, how taken 6636
Such census recognized as a
State census 6636
Certificate of incoporation 687
Certiorari from courts of 4634, 4637
Chaingangs 712-716
Organization of 697
Charters, grant by superior court, 683
Citizens competent as jurors,
when 754
Committing magistrate, mayor is, 699
Common council 689
Constitution of 689 (1)
Duties and powers of 689 (2-3)
Election of treasurer and mar-
shal 689 (4)
Compromise of bonded debt .... 758
Mu
INDEX.
594
CIVIL LAW.
Municipal Corporations — Continued.
Contagion, turning to prevent. . . . 3056
Contested elections, how held. . . . Ill
Contracts by officers forbidden. . 709
Convicts, rules for government of, 715
Superintendent, etc.. not liable
for damage to 716
Corporate name of . . . . 689
Corporations are public 1833
Cotton, corn, and rice not taxa-
ble 1608
Council, meetings of 695
Discretion of, equity not con-
trol 746
Legislative powers of 696
Member voting when person-
ally interested 751
Minutes of council 695
Personal liability of members. . 752
Powers of council 696
Quorum of council 695
stricted 743
Subsequent, not restricted .... 743
Councilmen, eligibility of 739
Eligible to election at second
term 6132
Incompetent to hold other
office 739
Criminal bonds, forfeiture of 698
Crops exempt from tax 1608, 1609
Damage by officer or councilman,
not liable for 752
Debt, how funded 758-761
Debts, how created.. 373-383, 710, 5893
Debts, how incurred 5897
Limitation on 5893
Restriction on creation of
5891, 5893, 5897
D3fect in streets, city's liability. . 749
Discretionary acts, not liable for, 747
Discretion of council, equity not
control 746
Dissolved, may be by the legisla-
ture 1879
Divine worship, power to protect, 696
Domestic wines, sale of 756, 757
Domination of private property.. 3056
Duties of officers 689
Elections, annual 691
Hours for opening and closing
precincts 6109
Elections, bond issues
377-381, 710, 722, 5893
Elections, debt, election for in-
crease of 377, 722, 5893, 5909
Failure to hold 692
Election for incorporation 688
Of officers 688
For organization 688
Law regulating 377-382, 5893
Liquor, sale prohibited at 5742
Of officers 691
Effect of, failure to hold elec-
tion 692
.Preliminary elections 686
Qualification of voters 693
Eminent domain, right of 3056
Estop by illegal acts of officers,
city is not 268
Exchange of bonds 760
Executions for paving 723, 724
Exemplification of records of, as
evidence 5216
Existing towns, by what law gov-
erned 684, 6133
Extension of corporate limits.... 708
Fire, burning house to prevent. . 3056
Regulations to prevent 696
Fire escapes and seats in build-
ings, control of 2624
Forfeiture of criminal bonds .... 698
Funding bonded debt of 758-761
Garnishments on tax executions . . 729
How returned 729
Gas works, powers as to 696
Gifts, city may accept 740
Governed by what law 684
Gun powder and combustibles . . 696
Regulations for keeping 1476
Hospitals or pest houses 1457
Illegal acts of officers, not estop
city 268
Imprisonment, costs of, how paid, 707
Incorporation of towns and vil-
lages 683-710
Application for incorporation,
how made 685
Corporation determined by elec-
tion 686
Existing towns, by what law
governed 684
New towns and villages, how in-
corporated 684
Superior court charters 683
Injuries, liability for 749
Inspection or rosin, pitch, tar, tur-
pentine, power to regulate. .
1599-1600
Inspectors may be appointed for
any article 1600
Appointment of.... 1531. 1600, 1621
Of flour, appointment of 1621
Interest on tax executions 731
International improvements 722
Executions for 722, 723
Separate accounts for 722
Tax for, how authorized 722
Jail fees paid to county 707
Judicial and legislative powers,
liability as to 748
Jurors, citizens competent 754
Justice of the peace, repair of
streets by 753
Lanes and alleys, powers over 701
595
INDEX.
Mu
CIVIL LAW.
Municipal Corporations — Continued.
Legislative and judicial powers,
liability as to 748
Levy and sale, property of, not
subject to 750
Liability for acts of officers 744
Liability for negligence 749
Liable for what 748
Licenses 702
For what required 702
Pawnbrokers' licenses 755
Revoked, may be, when 755
To retail, when allowed 1538
Lien for taxes, how enforced.... 704
Rank of 2791
Lien of, for taxes, established. . . . 2787
Limitation of taxing powers of, 719-722
On right to contract 709
Limitations on powers of .... 743-752
Limitation on tax executions. . 890, 891
Limits of town, how extended. . . . 708
Liquor license, grant of, by 1538
Loan on credit, restrictions on.. 5891
Macadamizing and paving streets
720 (1)
Market, power to establish and
regulate - 696
Marshal, damages against, de-
mand before suit required.. 6427
Compensation of 706
Duties of 703
May levy executions 723
Of city, how ruled 6425
Proceeds of sale by 6426
Mayor, committing magistrate,
mayor is 699
Compensation of 706
Duties of 705
Duty in case of riot 1170
Powers and duties of 705
Military forces exempt from
street taxation 6551
Ministerial duties, city liable for
improper performance 748
Money, diverted illegally from one
account 721
Naptha, inspection of, law regu-
lating 1588
Negligence, liability for 748, 749
New bonds for outstanding bonds, 759
Ordinance for issue and
change 760
New towns and villages, how in-
corporated 684, 6133
Notice of defects makes city lia-
ble for, when 749
Nuisances in, how abated 4762
Notice to be given 4763
Power as to 696
Oath of officers 691
Obstructions in streets 745
Offenders, bond of 712-716
Power to commit or bind over. 699
Officers, appointment, bond, etc.. 696
Cities not liable for acts of.... 744
Compensation of 706
Contracts by, forbidden 709
Diverting funds, penalty 721
Duties, number, and designa-
tion 689
Election for organization 688
Duties of officers 689
Term of office 690
Ineligible, when 739
Not to contract with city . . 709, 751
Oath of 691
Personal liability of 752
Vote, not to, when 751
Ordinances, power to pass 696
Rules, etc., power to pass 696
Ordinary expenses defined 720
Education is not 720
Organization, election of officers, 688
Pavements, assessment for renew-
al of 724
Paving, executions for... 720, 723, 724
How levied 723
Paving streets, tax for 720
Pawnbrokers license 755
Police courts 711
Alternative, sentence by 712
Police force, power to appoint . . 696
Policemen, torts of, city not lia-
ble for 744
Poll tax, anual, of one dollar .... 775
Capitation tax prohibited 775
Powers of council and its officers
695-710
Powers of municipality and its
officers .' 739-757
Preliminary election 686
Presiding officer of 695
Produce (agricultural), not taxa-
ble until 1608, 1609
Weighing of, regulated 1607
Property held for public use not
subject to levy 750
City property presumptively for
public use 750
Public corporations, cities are. . . . 1833
Public property not subject to
levy 750
Public schools, tax for 5909
Punishment of offenders 712-716
'Purchase by city of property sold, 734
When such property may be
sold 735
Qualified voters 693
Quarantine, how prescribed and
regulated 1458-1475
Quorum of council, what neces-
sary to make 695
Recitals in tax deed not binding. . 738
Recorder, compensation of 706
Is committing magistrate 699
V,
..'
Mu
INDEX.
596
CIVIL LAW.
Municipal Corporations — Continued.
Record of proceedings 695
Redemption of property sold at
tax sale 733
Restrictions on powers of 5891
Retail liquor licenses 702, 1538
Riot, mayor's duty in case of .... 1170
Road commissioner as to streets,
justice of the peace is, when, 753
Road crossings, law regulating
2167 (5), 2172, 2224
Rule against marshal 6425
Rules for its own government. . . . 696
Sales for tax 732-738
Time, place, and manner of . . . 732
Corporation may purchase,
when 734
Purchase property, sale by cor-
poration 735
Schools, special system may be
provided for 1394
Tax for support of
1394, 1406, 5891, 5909
Sewers, executions for 723
Sidewalks, control of 701
Sinking fund 758-761
How provided 761
State tax, power to exact 775
Statute of limitations, tax ft. fa.,
^ +- as affected by 890, 891
Stockholders, city not to become, 5891
Street car companies, liable for
pavements 724
Streets, defective, city liable af-
ter notice 749
Improvements, executions for.. 723
Neglected, justices to act, when, 753
Obstructions, not licensed .... 745
Street railways, charters not
granted without consent of. . 5782
Constructed only on city's con-
sent 5782
Streets, repaired how 701
Sidewalks, etc., power of coun-
cil 696
Tax for work, when 775
Work on, by whom done. . . 701, 775
Subsequent council, council can-
not bind 743
Tax (see Tax, Municipal).
Additional tax 720
Ad valorem tax limited to one-
half per cent 719
Agricultural oroducts not sub-
ject 1608, 1609
Bonds, tax to pay allowed 5894
Buildings of, exempt from tax,
when 762
Current expeses, taxation for,
limited 719
Deeds, recitals in, not binding. 738
Tax executions 729
Barred, when 890, 891
:'.'•'
Garnishment on 729
Interest executions, barred,
when 731
Lien for, established 2787-2791
Limitation of power to tax.. 717-722.
Poll tax only allowed for street, 775
Produce, tax on,' not allowed.. 1608
Property bought at tax sale,
how and when sold 735
Sales, conducted in what man-
ner . . .' 723
Property bought at, when sold. 735
Property of corporation, sold
by, how 735
Purchase by city authorized... 734
Taxation, right of 719
Taxes, lien for, binding force of. . 2791
Term of oflice 690
Torts, councilmen and officers,
when liable 752
Of officers, city not liable for . . 744
Towns and villages, law as to, 683-716
Trustee, city may be, when.. 740, 742
Cemeteries, towns trustees of. . 742
Gifts accepted by cities 740
May accept as trustees 741
Vacancies in office, how filled. . . . 694
Vaccination of school children... 1397
Validation of bonds (see that ti-
tle) 6074-6081
Voters, qualification of 693
Voting when personally inter-
ested 751
Warrant, who may issue .... 699, 705
Water works, powers as to 696
Weighers of hay, coal, etc 696
Weighing of cotton, corn, and
rice 1607
Of produce, right to regulate. . . 1607
Welfare clause 696
Whipping bosses, selection and
appointment of 713
When to whip 714
Municipal Taxation 717-738
Additional tax, how raised, 720 (2), 722
Ad valorem tax not to exceed one-
half of one per cent 719
Additional tax, how authorized, 722
Assessment for streets an^. other
improvements 723, 724
Assessors for city tax 717
Reports of assessors 718
Bar rooms, license of 702
Billiard tables, license and regu-
lation of 702
Boarding houses, license and reg-
ulation of 702
Counties, city laws not apply to. . 737
Deed, recitals in, how far evi-
dence 738
Domestic wines, sale of 756
Producer may sell, when 757
597
INDEX.
Mu-Ne
CIVIL LAW.
Municipal Taxation — Continued.
Games of chance 702
Garnishment for city taxes 729
Entry on execution and return, 730
Hotels, license of 702
Interest, tax executions bear,
when 731
Levied on what property 700
Liens for taxes how enforced. . . . 704
Limitation on city's right of taxa-
tion 719-722
Livery stables, license and regu-
lation of 702
Maximum limit 700
Ordinary expenses defined 720
Separate accounts to be kept 720 (3)
Paving, drains, etc., executions.. 723
Renewal of payments on assess-
ments 724
Pawn brokers, how licensed and
governed 755
Public school tax 5909
Railroads, general provisions as
to taxation of 725-728
County taxation, law applicable
to 728
Property subject to 725
Returns to show what 726
Rolling stock, how assessed. . . . 727
Redemption of property sold .... 733
Restrictions on power to tax.... 5891
Sale and redemption, ordinances
as to 736
Sales, time, place, and manner of, 732
Corporations may purchase,
when 734
Saloons, license of 702
Shows 702
Tenpin alleys, etc 702
Transportation, license and regu-
lation 702
Traveling salesmen not subject to, 6045
Mutual Insurance Companies (see
Insurance Companies, Mu-
tual).
Names.
Abbreviations and initials 5640
Change of, by the court 5780
Of wife's name in divorce cases, 2446
Changed in what manner. . . . 2495,2496
Counties, names of 29
Firm name of limited partnership
2673, 2674
Initials, how set out, in pleading, 4942
Law firms, names of, how signed, 5640
Limited partnership, alteration in
names of partners 2673
Misnomer, amendable instanter. . 5102
One or more defendants may be
stricken 5104
Partners' names added instanter. 5103
Usee's name added and one or
more plaintiffs stricken 5105
Naptha.
Allowable for what purpose 6507
National Banks (see Banks and
Banking; State Depositories).
Naturalization.
Effect in what manner 1807
Naval Militia 1240-1249, 6141
Battallion officers 1243
Company officers 1244, 6142
Discipline 1247
Duty of officers and men 1246
Naval Board and courts 1248
Qualification of officers 1^45
Term of enlistment 1242
Compensation of 1241, 6140
Duties of officers and men. . 1246, 6143
Enrollment of, separate 1240
Naval Stores.
Charge for inspection 1590
Inspection of, law regulating, 1589-1599
Shall be disinterested 1589
Navigable Streams • 3059
Adjacent lands, owners of 3060
Defined 30od
Navigation.
Bills of lading, boats may grant. . 2294
Penalty for failing to grant
bill 2295
Navigation Companies 2147-2158
Certificate of incorporation. . 2149-2151
Effect of certificate 2150
Form of certificate 2149
Change of name or place of busi-
ness 1844
Charters, how renewed 1836
Amendment of 1840
Corporate powers, how granted.. 5780
Form of certificate of incorpora-
tion 2149
Certificate as evidence 2151
Incorporation of 2147
Increase of capital stock 2156
Officers and directors, election of, 2153
Organization of company 2153
Petition, contents, by whom and
where filed 2148
Powers of corporations 2157
Previously incorporated, may ac-
quire benefits of new law .... 2158
Stock, personal property, transfer
of 2155
Delinquent stockholders 2154
Increase of 2156
Subscription for 2152
Subscription, how paid 2154
Transfer of stock 2155
Ne Exeat.
Affidavit and bond of complain-
ant 4890
Application must show what .... 4887
Attachments for contempt 4860
Ne
INDEX.
598
CIVIL LAW.
Ne Exeat — Continued.
Bond of complainant 4890
Bond of defendant 4888
Officer's liability for receiving
insufficient security 4888
Discretion of court, where defend-
ant fails to replevy 4889
Granted in what cases 4886
Replevy' by defendant 4888
Discretion of court 4889
Sanction, writ issued without,
when 4891
Superior courts, grant of.... 4321 (2)
Negative Testimony (see Evidence).
Inferior to positive testimony. . . . 5165
Negative testimony, when equiva-
lent to affirmative 5160
Negligence (see Bailment; Dili-
gence; Master and Servant:
Municipal Corporations; Rail-
roads).
Agents, diligence of 3009
Binds principal, when 3029
Partners liable for negligence
of, when 2658
Attorneys, negligence of 5386
Bailee, care and diligence of (see
Bailment) 2897
Must show no concurring neg-
ligence 2265
Bridge keepers 622, 627
Child, degree of care required of, 2901
City's liability for (Municipal Cor-
porations) 748-749
Consent or negligence as affect-
ing recovery 2322
Contractor's, employer's liability
for 3819
Contributory negligence of in-
jured party 2322, 3830
Councilmen and offices of city. . . . 752
County liable for defective
bridges 603, 623
Criminal negligence 3829
Druggists (see Drugs and Drug-
gists) 3866
Equity, relief in, when barred ....
3974, 3984
Exempting from, contracts void.! 2613
Fellow-servant, negligence of . . . .
2323, 2610, 3030
Ferryman 622, 624
Gross neglect of bailee 2900
Imputable negligence 2902
Injured party, contributory to ... .
2322, 3830
Landlord not liable for negligence
of tenant 3118
Master, negligence and diligence
of (see that title) 2610-2612
Ordinary care to avoid injury,
plaintiff must show 3830
Premises and approaches unsafe, 3824
Presumption of 2264, 2321
Public officers 752
Relief in equity, negligence bars,
when 3974, 3984
Equity grant relief, despite of,
when 3974
Risks of employment, servant as-
sumes 2612
Servant, negligence of 2612
Trustee, negligence by, gives ac-
tion 3867
Tenant's, landlord not liable for. . 3118
Voluntary agent liable only for
gross neglect 3009
Negotiable Instruments (see Bills
of Exchange; Bonds; Prom-
issory Notes 3676-3700
Acceptance, payable out of special
fund 3686
Acceptor, lien of 3686
Assignee of lien, rights of 2822
Bill of exchange defined 3676
Bona fide holders protected
against what 3694
Bonds, specialties, etc., negoti-
able, how 3682
Collateral security, holder pro-
tected, when 3697
Consideration, presumption of... 3656
Demand, payable on, due imme-
diately 3700
Due, when 3693, 3700
Executions, negotiable, how .... 3682
Foreign bills of exchange 3676
Grace not allowed, when 3680
Holder, presumption of good faith,
in 3696
Set-off against 3750
Holidays as affecting 3692
Implied warranty 3685
Indorser, contract and liability of, 3687
Limiting of liability by 3683
Indorser, suable with maker, etc., 3691
Indorsement not require proof,
when 3705
Judgments, negotiable, how .... 3682
Liens, how assignable 2745, 2822
Limited indorsement ; 3683
Maturity of, is last day of grace, 3679
Notice of disnonor 3695
What sufficient 3699
Overdue, receipt after, notice of
dishonor 3695
Several notes constituting one
transaction 3695
Payable on demand, when due... 3700
Promissory note, definition of (see
Promissory Notes) 3677
Negotiable in what manner 3681
Protest and notice necessary,
when 3688
599
INDEX.
Ne
CIVIL LAW.
Negotiable Instruments — Continued.
Protested bills, damages on, 3689, 3690
Rights of holders 3694-3700
Set-off against holder 3750
Specialties or other contracts in
writing 3682
Time not specified, due imme-
diately 3700
Title to, when brought in ques-
tion 3698
Sale passes, though seller has
none 3538
Transferror, warranty of 3685
Warranty of transferror 3685
Negroes (see Persons of Color) ....
1820-1823
Insane negroes in lunatic asylum, 1445
Mulatto, term includes 5
Ne Unques Executor.
Plea of, when set up 3506
New Matter.
Amendment to new matter 5050
Verification of amendment, set-
ting up 5057
New Parties (see Parties).
Made in what manner 5019, 5020
Made in vacation 5020
New Promise.
Credit on note, effect of 3789
Effect of new promise 3790
Joint contractor, promise by.... 3792
Partner, new promise by 3791
Writing, necessary to relieve
barred claim 3788
Newspapers.
Advertisement, in what papers.. 5457
For how long 5457-5460
Clerk's duty to keep files 4360
Libel by 3835
Service by publication in 4976-4980
Sheriff's duty to keep file 4380
New Trial.
Adjournment, motions made after, 5487
Admission or rejection of evi-
dence, new trial for 5478
Affidavit of witness not a party,
how obtained 5323
Defaulting witness, how pun-
ished 5328
Fees of officer for taking affi-
davit 5326
Female witnesses 5325
Witness residing out of county, 5324
Affidavits, how used and ob-
tained 5323-5328
Affidavit of diligence 5481
Affidavit as to witnesses 5481
Amendments by adding new
grounds 5121
Another judge may grant 6586
Applications for, time and man-
ner of making 5484
Approval of motion and brief
hearing 5485
Bills for, to be brought, when 3770
Bill of exceptions, without motion
for 6241
Brief of evidence to be filed under
revision and approval of court
(see Brief of Evidence: Su-
preme Court) 5484, 5680
Approval at hearing 5485
Death of judge of vacancy in
office, as affecting 5680
Documentary evidence set out
by mere reference, when.... 5488
Form of 5488
Requirements as to 5488
Stenographic report must be re-
duced to narrative form .... 5488
Charge erroneous, new trial for. . 5479
Refusal to give pertinent
charge 5479
City courts 4306
Collateral issues, grant of new
trial in 5474
Courts which may grant 5473
Cumulative and impeaching evi-
dence, no ground 5481'
Death of judge, as affecting 5680
Decisions on, when to be ren-
dered 6227
Non-compliance, ground of im-
peachment 6228
Pending motions, above section
applies to 2627
Discretion of judge as to time of
trial 5492
Divorce cases may be granted in, 2441
Erroneous charge to jury 5479
Evidence on motion 5323-5328
Filing ©f motion 5475
Need not be entered upon min-
utes 5475
First grant of, not disturbed by
supreme court 5585
Granted by superior and city
courts only 5473
Case stands for next term
where motion granted 5489
Grounds on which granted. . 5366, 5483
Grounds may be approved at hear-
ing 5485
Grounds not provided for, grant
on 5483
Hearing in vacation.. 4323, 5484, 5485
Illegal evidence as ground for new
trial 5478
Time and manner of making. . 5484
Motion, made after adjournment
of court 5487
Ne-No
INDEX.
600
CIVIL LAW.
New Trial — Continued.
Newly discovered evidence 5480
Affidavit as to witness, shall
contain what 5481
Opinion on facts, judges not ex-
press 4334
Perjury, new trial for 5366
Power to grant, preserved. . 5723, 5847
Redocketing of cases on entry of
remittitur 5491
Request to charge, refusal to give, 5479
Rules nisi for new trials 5475
Amendable 5121
Service of 5475
Superior court may correct errors, 5474
May grant new trials 5474
Supersedeas, motion is, when.... 5476
Supreme court, cases decided by,
returned, when 5490
Such cases to be re-docketed.. 5491
Time of trial, when new trial
granted 5489
Discretion of judge as to re-
trial 5492
Vacation, hearing in.. 4323, 5484, 5485
Notice to adverse parties 4324
Motion not heard at time set,
stands over 5485
Verdict against evidence. . 5477, 5482
Written questions for witnesses,
on motion for 5323-5328
Next Friend (see Prochein Ami).
Bond to be given 5681, 5696
Homestead, application for, by
next friend 2843
Infant, suit by 4947, 4987
Next of Kin.
Defined "355
Nominal Damages (see Damages).
Dennition of § 3801
Recoverable in what cases ..'.... 3801
Non Compos Mentis (see Idiots; In-
sane Persons; Lunatics).
Condition annexed to estate, ex-
cuse for non-compliance with, 3139
Definition of 5
Disability on ground of 1812
Trust estate, creation of, for.... 3149
Vote, persons who are, cannot. . . . 5738
Non Est Factum (see Promissory
Notes).
Administrator, plea by 5660
Bona fide holders not protected
against defense of 3694
Defense of 3694, 3701
Sworn to, when 3701
Indorser, plea by 3705
Justice's court, plea in 4128
Notes lost, plea in such cases. . . . 4749
Pleas, denial applies when 5092
File on oath at first term, when, 3701
Justice's court, plea in, to be on
oath 4128
Sworn to, plea must be. . . . 3701, 5056
Non-joinder (see Joinder; Misjoin-
der; Parties; Pleading).
Actions, non-joinder of .... 4938, 4946
Equity, non-joinder, demurrer for, 5048
Guardian etc., nonjoinder of,
amendable 4947
Nonresidents (see Aliens; Domi-
cile; Foreign Administrators;
Foreign Executors, etc).
Administrator may be, when.... 3366
Affidavits and pleas by 5060, 5062
Agent's liability for tax 854
Attachment bonds of nonresi-
dents, service on security suf-
ficient 5013
Attorney liable for costs when
client is 5387
Bond to be given by, in certain
cases 4831
Cost to be deposited by nonresi-
dent plaintiff 5399
Attorney of, liable for 5387
Payable in advance, when 5399
Executors may be, when 3293, 3306
Judgments against, recorded on
execution docket 2783, 5356
Take effect against property out
of county, when 2780, 5356
Lien against defendant residing
out of county 5356
Minor, nonresident, guardian ap-
pointed for 2517
Other counties, garnishment
against persons 4714
Oyster beds in this State, cannot
procure 1693
Pleas and affidavits by 5060, 5062
Publication, service by 4975-4980
Representative of nonresident de-
fendant, how made party.... 5030
Revival of dormant juagments
against 5382
Second, original if defendants re-
side out of county 4989
Service on , 4975
By publication 4975-4980
In forcible entry cases 4830
Of bill of exceptions 5548
Suit in Georgia, when and where
brought 4954
Taxable property of 769
Tax, agents of, liable for 854
Returns, how made 3419
Verification of petition, when an-
swer 5062
601
INDEX.
No
CIVIL LAW.
Nonsuit (see Dismissal; Retraxit).
Bar relieved by renewing suit
within six months 3786
Bill of particulars, nonsuit for
want of 5642
Granted in what cases 5347
No bar to subsequent suit .... 5347
Not granted, when 4995, 5347
Grounds for, how urged 5675
Judgment on, bar when 5347
Misconduct of counsel, nonsuit
for 4419
Northeastern Railroad.
Sale of, by State 6438
Debtors to deposit check .... 6438a
Terms of sale 6439
Title to be made by governor. . 6440
Suits against State as owner. . . . 6442
Service, how perfected 6442
Taxation, property when sold, be-
comes subject to 6441
Notarial Acts.
Proved in what manner 5235
Notaries Public (Commercial) 498-507
Acts of, proved in what manner. . 5235
Age and character of 501
Appointment of 498
Attachment not issued by . . 504, 4511
Authority of 503
Certificate of, fee for issuing. . . . 507
Clerks of superior court, fees for
issuing certificate 507
Fees of 506
For protesting notes, bills, etc. . 6630
Schedule fees, full compensa-
tion 6630
Garnishments, shall not issue, 504, 4511
Jurisdiction restricted to county, 502
Oath of 499
Oaths, authority to administer. . . 503
Proof of notarial acts 5235
Qualifications 501
Registration of notarial acts re-
quired 505
Seal and register 505
Term of office 500
Notaries Public (Commissioned).
Appointment, number, etc. . 4052, 5858
Clerk s'duty to keep lists of 4054
Commission, Governor to issue,
when 4053
Commissioned for four years ....
4052, 5858
Ex officio justice of the peace (see
Justices of the Peace), 4052, 5858
Oath of 4066
Before whom taken 4067
One for each militia district 4052
Removable, how and when 4052
Sit in certain cases, shall not. . . . 4045
Terms of office 5858
Notes, Negotiable (see Negotiable
Instruments; Promissory
Notes).
Attorney's fees in notes, etc.,
void 3667
Exceptions 6185
Law governing 3676-3697
Protest, fees of notary 6630
Notice.
Agent, notice to 3027
Not bind principal, when 3028
All notices to any officer of court
to be in writing 5679
Assignment, notice of filing 2714
Bona fide purchasers without, pro-
tected 3934
Purchase by one without no-
tice one with 3938
Bonds of city and county, election, 377
Certiorari, sanction of writ 4644
Chancery proceedings, notice of. . 4865
Contested elections, notice to Gov-
ernor to withhold commis-
sion 107 (1)
Notice to adverse party .... 107 (2)
Notice by contestee, counter-
charges 107 (5)
Contract mutually disregarded,
notice of intention to rely on
exact terms, necessary 3642
Contracts for letting public work, 345
County bridges, notice as to build-
ing 368
County contracts for building or
repairing public works 345
Deed recorded out of time 3618
Discoverable facts, notice ex-
tends to 3933
Dishonor of note or bill 3695
Effect of, in equity .' 3932
Election of county officers 100
Equitable proceedings, pleading
and notice in 4840
Equity, taker with notice of .... 3932
Failure to file official bond 254
Failure to sue operates as a dis-
charge, when 2974
Foreign guardian's application
2588 (3)
Guardian's application for ap-
pointment 2527
Application to sell for reinvest-
ment 2546
Head right, notice of application, 3227
Homestead application, publica-
tion 2831-2832
Creditors, notice to 2831
Ignorance which is equivalent to
knowledge 3933
Intruders, notice to 4821
Judicial notice 5148
Landlord and tenant, notice be-
tween 3133
No-Nu
INDEX.
602
CIVIL LAW.
N oti ce — Continued.
Levy on land, notice of .... 5426, 5434
Limiting liability by railroads. . . . 2276
Lis pendens, notice by 3936
Live stock, killed or injured 2253
Local legislation, notice of inten-
tion to ask 5778
Mortgagor to have 2763
Nuisances, of proceedings to
abate 4763
Nuncupative wills, notice of pro-
bate of 3351
Partition cases 4788
Partnership dissolution 2634
Possession is notice of title 3931
Private ways, notice of applica-
tion 664
Production of books and papers
(see Notice to Produce), 5247, 5259
Protest, notice of 3688
Public road, application to lay out
and alter 523
Public work, notice of contracts
for letting 345
Purchaser of negotiable paper,
what sufficient 3699
From one with notice 3938
With notice takes subject to
equity 3932
Without notice from one with
notice, and vice versa 3938
Registration, notice Dy
2726, 2772, 2777-2786, 2815, 3618-3628
Road commissioners, appointment
of 587
Road hands 530, 531
Rule against officers without.... 4777
Sale of perishable property under
execution 5464
Sanction of writ or certiorari. . . . 3644
Served on whom 4788
Stockholders, notice to, and effect
of 1893
Sue, notice by sureties to 2974
Failure to sue discharges,
when 2974
Requisites of such notice 2974
Survey to fix county lines 390
Tenants holding over 4821
Voluntary conveyance, void in ab-
sence of notice 3530
Notice and Protest (see Indorsers)
3688-3693
Notice to Produce 5248-5254
Affidavit of nonresident 5252
Continuance, where diligence
used 5251
Failure to produce, consequences
of 5250
Injunction on new trial, notice to
produce on application for. . 5327
Judgment in cases of failure to
produce 5250
Notice, how made available .... 5253
Producing dispenses with proof. . 5243
Requirements as to 5249
Service of such notice 5249
Unnecessary, when 5254
Production of books, etc., when
compelled 5248-5254
Sufficient compliance with notice, 5678
Affidavit in writing, when suffi-
cient 5678
Notice to Quit.
Time in which to be given. . 3133, 4821
Novation (see Discharge; Merger;
Release).
Accord, notice is, when.... 3715, 3732
Effect on original contract, 3641, 3715
Sureties, effect of novation as to . . 2971
Nudum Pactum.
Definition of 3656
Nuisance.
Abate, request to, when neces-
sary 3862
Abated in what manner 4760
Adulterated drugs 3865
Mistake of druggist 3866
Alienee of person inflicting or re-
ceiving injury 3862
Blind tigers (see that title), 6654-6656
Cities, nuisances in, how abated. . 4762
City council's power over 696
Clerk, fees of 4767
Definition of 3861
Fees of clerk, witnesses, and jury, 4767
Fees for summoning jury .... 4768
Grist mill or other water machin-
ery 4764
Injunction against, when granted, 3863
Injury to person or property.... 3860
Jury, how obtained 4765
Fees of 4767
Mill, or other water machinery.. 4764
Notice to be given of proceedings
to abate 4763
Private nuisance abated on appli-
cation of party injured 4766
Public and private definition. of. . 3858
Public nuisance, how restrained. . 4761
Private citizen cannot abate. . 4761
Proceeding by solicitor-general
to abate 4761
Removed, how 4760
Right of, action for 3858
Sheriff's fees for summoning jury, 4768
Solicitor-general proceeds to
abate public nuisance 4761
Special damage from public nui-
sance 3859
Unwholesome provisions, sale of, 3864
603
INDEX.
Nu-Oa
CIVIL LAW.
Nulla Bona (see Executions).
Costs on return of, plaintiff, when
liable for 5395
Nul Trial Record.
Plea of- 5093
Number.
Singular and plural include each
other 4 (4)
Use of, in pleading 2942
Nunc Pro Tunc.
Amendments 5117, 5119
Nuncupative Wills (see Wills).
Notice to heirs 3351
Probated, when and how 3350
Notice to heirs 3357
Property which may pass under. . 3352
Valid, when 3349
Oath.
Additional oath of public officers, 234
Form of oath to be sent with
dedimus 235
Affirmation included in 5
Assessors of tax returns 842
Assessors to condemn property. . 4672
Attorney at law, for admis3ion to
the bar 4407 6311 (5)
Auditor W. & A. Railroad 1040
Auditors 4584
Bailiff of trial juries 4449
Cashiers of banks, to quarterly
statements 1920
Clerk of superior court 4358
Oaths may be administered by, 4362
Clerk of supreme court 5508
Commissioners appointed to lay
off dower 4700
Conductors, W. & A. Railroad 1056
Confederate soldiers, to escape
peddling license 1644
Constable's . 4092
Copy grants, oath sufficient to in-
troduce 5674, 5678
Coroner's oath 493
County school commissioner .... 1367
County surveyor 476
Assistant county surveyor 479
County Treasurer 449-454
Defendant's oath to answer to pe-
tition for equitable relief. . . . 5692
Deputies, oath of 240
Election managers, primary elec-
tions 113
Evidence not received without. . 5279
General Assembly, members of . .
293, 5753
Governor of Georgia.. 117, 5813, 6012
Guardian's 2528
Guardians of lunatics, etc 2571
Inspector of flour 1629
Inspectors of liquors 1532
Insurance commissioner and in-
spectors may administer .... 2070
Issuable defense, form of oath to, 5670
Judge of city court 4280
Judge of superior court 4311
Oaths may be administered by
4321 (6)
Jury in claim cases 4623
In forcible entry and detainer
cases 4827
In justice's court 4144
Justices of the peace and notaries
public, ex officio justices of the
peace 4066
Oath, before whom taken 4067
Liquors, oath of applicant to sell, 1520
Oath of vendors of 1536
Medical board, oath of members. . 1484
Military officers in commission.. 1127
Notaries public 499
Official oath, before whom taken, 236
Filed in executive department,
when 237
Filed in ordinary's office, when
238, 337
Time of filing 239
Ordinary 4221
Ordinary's authority to adminis-
ter 4241
Peddler's oath 1647
Petition, oath to 4964-4966
Pilots, license and oath of 1661
Pleas, oath to 5055-5062
Pleas by nonresident (see Affi-
davit; Verification)
5059, 5060, 5062
Registrars 52
Reporter of supreme court 5515
Road commissioners administer,
when 589 (10)
Secondary evidence of lost papers,
what affidavit sufficient .... 5678
Secretary of Senate and clerk of
House and assistants 316
Sneriff 4371
Oaths administered by sheriff,
when 4382
Solicitor-general 4388
State Board of Pharmacy 1493
State school commissioners 1352
May administer oaths, when.. 1387
State Treasurer 187, 188
Superintendent of elections
67, 102, 6119
Before whom taken 68
Superintendent Western & Atlan-
tic Railroad 1027
Surety on official bond 246
Tax collectors 944
Tax payers 834
Tax payer in default 852
Tax receivers' 932
Town and village officers 691
Treasurer, W. & A. Railroad 1036
Voters, oath of 32, 5737
Oa-Of
INDEX.
604
CIVIL LAW.
Oath — Continued.
Voter's oath when name not in
list 61
Weighing agricultural products
without oath, penalty 1603
W. & A. Railroad agents 1050
Superintendent's oath 1027
Obligations.
Contract, obligations cannot im-
pair 5730, 5802, 5982
Implied in what cases 4936
Not implied between relatives. . 4936
Limitation on, implied 3768
Relatives, obligation not implied
between 4936
Rent, obligations to pay 3116
"Writing, obligations which must
be in 2693
Exceptions 2694
Obscene Evidence.
Court room may be cleared pend-
ing introduction of 5296
Obstructing Private Ways.
Removal of obstruction 679
Trespass 3882
Obstructing Public Roads.
Fine for not removing obstruc-
tions 572
Misdemanor, obstructing is 570
Obtaining Credit by Fraud (see
Fraud).
Civil action for 3814, 3815
Offenses.
Committed prior to Code 2
Office.
Appointments of members of Gen-
eral Assembly forbidden .... 5754
Disqualification to hold office....
4739, 5741
Duels, persons engaged in .... 5741
Holder of public funds 5740
Females, authority of, to hold. . . . 1810
Office Books.
Governor's office 77
Inspection, to be kept open to. . . . 141
Law as to , 14, 269, 273
Office Papers.
Alias execution, may issue, when, 4752
Attorneys'' duty as to 5636
Delivered to successor 269
Establishment, law regulating. . . . 4743
Kept in what manner 14, 269, 274
Law as to 14, 269-273, 5641-5650
Removal of, forbidden, 5624, 5636, 5649
Officers (see Public Officers).
Acting before giving bond, how
punished 241, 252, 929
Advertisement contracts... 5462, 6204
Annual reports of 233
Reports furnished State Libra-
rian 157
Annual reports of county officers
364, 366
Duties of grand juries 365
Appointed by Governor, when... 132
Appointees of the Governor,
terms, etc 5817
Bidding at tax sale 127, 915
Bonds of, and sureties thereon
(see Official Bonds), 12, 243, 267
Bonds taken by, where kept, suit
on 13
Books, duty to deliver to succes-
sors 269
Clerk of Comptroller-general 216
Citizen, county officer must be..
223 (7>, 6125
Commission, failing to obtain, in-
eligible to re-election 225
Commissioned by Governor 121
Commissioned under great seal.. 227
Under executive seal 132, 228
Compensation, extra, forbidden
to 5904
Extra compensation, how al-
lowed 5402
Contracts by, forbidden when. . . . 709
County officers, annual returns of, 364
Duty of grand juries 365
Election, terms, etc
80, 96, 100, 5929
General regulations 448-497
County school commissioner, 1366-1388
De facto officers, acts of, valid, 223, 242
How proved 223, 5168
Default of, how punished 4779
Definition of 132
Delivery of books and property to
successor 269, 274
Elected by General Assembly,
when 329
Election of 80, 96, 100, 5929
Extra compensation, how allowed, 5402
Forbidden, when 5904
Fees of, law regulating 5379-5412
Forfeiture for receiving illegal
fees 5410
Table to be kept in office 5411
Tax levy to pay 404 (3)
Fees of ordinary 4269
Females not entitled to vote or to
hold office 1810, 6155
State Librarian, female may be, 6155
Forfeiture for receiving illegal
fees 5410
Funds of county, how expended . . 6072
Penalty for violation 6073
Guaranty and Fidelity companies,
sureties on bonds of 6620
Holders of public money, unac-
counted for, ineligible 223 (2)
Illegal acts, public not estopped
by 268
Illegal contracts 6072, 6073
605
INDEX.
Of
CIVIL LAW.
Officers — Continued.
Ineligible persons, constitutional
privileges 223 (8)
Citizens of another county, 223 (7)
Denizens 223 (6)
Holding other office 223 (4)
Holders of public money .... 223 (2)
Insane persons 223 (5)
Minors 223 (1)
Nonresidents 223 (1)
Persons convicted of crime. . 223 (3)
Inspection of public books of . . . . 14
Joint authority given, how exe-
cuted 4 (5)
Law as to 223-233
Limitation of powers of 268
Mandamus, in cases of 4867-4875
Minors ineligible 223 (1)
Nonresidents, ineligible 223 (1)
Notice of elections 100
Oath of public officers 234
Additional or public officers. . . . 235
Form of oath to be sent with
dedimus 235
Failure to file 241
Acts nevertheless valid 242
Filed in executive office, when. 237
Filed in ordinary's office, when, 238
Time of filing 239
Oath of deputies 240
Office property, to be delivered
up 270
Official terms of county officers . .
98, 6117
One county office only to be held
at one time 224
Penitentiary, Governor's appoint-
ment of 135
Persons who are 223
Power of public officers limited.. 268
Profit on public money forbidden, 5896
Public agents, liability of 3040
Public servants, officers are 5698
Qualification of voters for 33
Record of, in executive office, 141 (4)
Re-election, ineligible for, when, 223 (8)
Reports to librarian, duty to fur-
nish 157
Residence of 226
Resignations to be made to Gov-
ernor, when 231, 232
Return of, amendable 5116
May be made nunc pro tunc. . . . 5117
Failing to make, how dealt with, 366
Rooms in capital, assignment of. . 123
Rules against (see Rules Against
Officers) 4769-4782
Salaries of, comptroller's annual
report 209 (7)
Seal, officers who must have. . . . 226
Where officers must keep 226
Statement of fees, when to be
given 5409
Substantial compliance sufficient, 4 (6)
Supreme court '. . 5507
Term of, where elected to fill va-
cancies 133, 229, 230, 232, 267
Treble costs paid by, when 5412
Vacancies, how created 229
Term of officer to fill vacancies, 230
Governor authorized to fill, 132, 133
Officers of Corporations (see Corpo-
rations).
Officers of Court 4769-4782
Abuse of persons under arrest,
forbidden 5706
Answer to rule, how made 4775
How traversed and tried 4775
Attorneys as bail or security, not
to be taken 5641
Attorneys, When disbarred 4428
Certificates of, when evidence. . . . 5211
Constables, ruled in what cases. .
4097, 4098
Default, how punished 4779
Demand on, for money collected,
how made 4771
Demand on, proof of service of. . 4772
Deputy sheriffs, rule against.... 4780
Disfranchisement of, 5738, 5740, 5741
Election returns, to whom made. . 5743
Entries of, how traversed 4988
Justices' and constables, rules
against 4060, 4782
Liability of 4769
Money collected, effect of demand
on 4771
Money rules against 4776
Profit by public funds forbidden. . 5896
Religious opinions not disqualify, 5710
Ruled after going out of office. . . 4773
Ruled without notice, when. . . . 4777
Rules absolute, lien of and inter-
est thereon 4778
Rules nisi against, grant of 4774
Service of 4774
Security or bail, officers cannot
be 5641
Service of rules upon sheriffs and
deputies 4781
Traverse of entries of 4988
Official Bonds.
Acting before filing bond 252
Approval and record 257
Approval of, filing 245
Arms and accoutrements of mili-
tia 1159
Attorneys at law cannot be sure-
ties on. when 248
Attorneys, duty as to 5636
Attorneys in fact may execute. . . . 249
Power to be filed with bond .... 249
Auditor W. & A. Railroad 1040
Bailiffs of county court 4190
Binding how far and for what. . . . 256
Of
INDEX.
606
CIVIL LAW.
Official Bonds — Continued.
Bridge contractor's 603, 609
Bridges, ferries, etc 602 (2)
Certify to Governor, ordinary
must 258
Clerk superior court 4359
Deputy, appointment and bond, 4359
Commissioned officer, bond sent
with dedimus 244
Comptroller-general 5828
Conditioned in what manner. . . . 243
Constables', 4094, 4096
Contractor's, of counties 346
Coroner's 494
County liable for failure to take. . 623
County officers cannot be sureties
on, for each other 248
County school commissioner 1366
County treasurer's lien on bond. . 456
Damages for breach of 261-264
Damages, measure of 264
Dead bodies, colleges receiving. . 1517
Deputies' bond, sureties on.. 259, 260
Deputies', to whom payable 259
Deputy, bond of, to whom paya-
ble 259
Deputy subject same as princi-
pal 260
Discharge of bond 261
Indorsement on 253
Execution against collector and
sureties 924
Exhaustion of officers, liable af-
ter 262
Extent of obligation 256
Failure to file, effect of 251
Failure to file, notice of, to be
given 254
Failure to give new bond when re-
quired, vacates office 268
Failure to mark file, how pun-
ished 255
Filing, date of, to be indorsed on. 253
Filing of 250, 255
Filed within what time 250
General provisions applicable to. . 265
Guarantee companies as sureties, 247
Guaranty and fidelity companies,
as sureties for 6620
Informalities not vitiate 263
Law as to extension of 265
Mark file, failure to, how pun-
ished 255
Measure of damages 264
New bond, failure to give, when
required vacates office 268
New bond, officer failing to give,
when required 267
New sureties, when required .... 267
Notice of failure to file 254
Obligation of 256
Obligatory force of 256
Ordinaries 4220
Payable to whom 243
Penalty exhausted, officer still lia-
ble 262
Penalty for acting before filing. . 252
Penalty for failing to make, filing
and give notice 255
Penalty for not reporting failure
to give 255
Place of keeping 12
Principal liable, though penalty
exhausted 262
Printer of Georgia Reports 1081
Record and lien of tax officers'
bonds 974-978
Record of 257, 258
Relief of sureties 266
Satisfaction and discharge of
bonds 261, 262
Secretary of Georgia State Board
of Embalming 6491
Secretary of Senate 320
Secretary of State 5828
Sheriff 4372
State depositories 985
State Treasurer 5828
State Treasurer lien of bond as
to surety 189
Suits on, by whom brought.... 12, 13
Suit on taxing officers' bonds .... 972
Suits on, who may bring 12
Superintendent Western & Atlan-
tic Railroad 1026
Sureties, attorneys on county offi-
cer's, excluded 248
Sureties on, how relieved.... 266, 267
Sureties, number and solvency.. 246
Oath of surety 246
Sureties, number of 246
Tax collectors 945-948
Tax collectors, bonds of, in cer-
tain counties 953
Weekly statement of amount
due State 954
Tax collector, lien of bond as to
surety 294, 927, 976
Tax officers bound from date of
bond 927, 976
Tax receivers 932
Tax receiver, lien on bond
924, 927, 976
Time for filing 6071
Time of filing 250
Treasurer Confederate Soldiers'
Home 6569
Treasurer, Lunatic Asylum 1419
Treasurer of Academy for the
Blind 1311
W. & A. Railroad agents 1051-1055
W. & A. Railroad, treasurer of. . 1037
Official Entries.
Amendments, when allowed .... 5116
'Nunc pro tunc entries, when al-
lowed 5117
607
INDEX.
Of-Or
CIVIL LAW.
Official Entries — Continued.
Traversed in what cases 4988
Official Reports (see Reports).
Official Returns.
Amendments of 5116, 5117
Official Seal (see Seal) 226-228
Oils (see Illuminating Oils).
Additional inspectors 1584
Compensation and bond 1584
Board of inspectors 1581
Bulk, inspection in 1586
Compensation of inspectors .... 1582
Additional inspectors 1584
Duplicate order to be sent 1587
Inspection of 1579-1588
Inspector, dealer shall not be, or
interested 1587
Inspectors, appointment of 1579
Terms of office and clerks 1579
City's right to appoint 1600
Official brands, unauthorized use
prohibited 1587
Territory of inspectors 1585
Tests of oils 1588
(1) Kerosine, etc., shall be
of 120 degrees.
(2) Fire test, by whom and how
determined.
(3) Instruments for testing and
branding, how provided.
(4) Higher test to be branded.
(5) Enter to re-inspect, right to.
(6) Under test, or falsely
branded, shall prosecute.
(7) Damages and penalty for
unlawful sale.
(8) Tank oil, duty of inspectors
as to.
(9) Rejected oil, how branded.
Onus of Proof (see Burden of
Proof).
Breach of warranty in land sale. . 3617
Carrier, burden on 2264, 2321
Changed, when 5160, 5161
Claim cases, burden is on plain-
tiff 4624, 5644
Illegality cases 5644
Justification, plea of, filed 3891
Order of argument, how effected
5644, 5676
Rests on what party 5160
Charging onus 5160, 5161
Open Accounts.
Accounts stated, how attacked.. 3994
Bar, mutual accounts which will
save 3769
Barred after four years 3768
Bill of particulars to be attached
4963, 5642
Interest, when accounts bear. . . . 2885
Judgments on, without proof,
when 5077, 5078
Justice's court, proof in 4130
Limitation of action on 3768
Rank in settlement of estate.... 3224
Stated accounts, how attacked. . 3994
Opening and Conclusion (see Argu-
ments; Burden of Proof; Evi-
dence; Onus of Proof).
Auditor's report, exceptions to..
4595, 4596
Justification, when plea to be
filed 3891
Opening Default.
Allowed, when 5770, 5071
Opinion (see Evidence).
Experts, opinions of 5287
Freedom of, constitutional guar-
anty as to 5709, 5712
Guilt of accused, judge not to ex-
press opinion as to 4334
Judge cannot give opinion on
facts 4334
Market value 5286
Witnesses, opinion of, wnen al-
lowed 5285, 5287
Oral Testimony (see Evidence; Wit-
nesses).
Attendance and fees of witnesses
5260-5266
Competency of witnesses. . . . 5267-5278
Examination of witnesses.. 5279-5289
Writings, oral testimony as affect-
ing 2725, 5201
Order of Argument (see Argu-
ment).
Claim and illegality cases 5644
Inverse order of sale of separate
parcels 5424
Motions and special matters, 4595, 5676
Tort cases, where defendant justi-
fies 3891
Order of Sale.
Inverse order of sale of separate
parcels 5424
Ordinances (see General Assembly;
Municipal Corporations).
Body to contain only what is con-
tained in title 5771
Bonds, ordinances as to 5948
Homestead, ordinances as to.... 5945
Judicial labors, ordinances as to, 5946
Legislative powers to make 5784
One subject-matter only to be ex-
pressed 5771
Rejected once, how proposed
again 5776
Signing and ratification of Con-
stitution of 1877 5947
Ordinances of Constitutional Con-
vention.
Capital, ordinances as to 5944
Convention of 1877, force of 5934
Or
INDEX.
608
CIVIL LAW.
Ordinary 4218-4269
• Accounts of officers', examining
and auditing 4238 (7)
Additional security given by,
when 4223
Administration taken by sheriff,
where superior court clerk is
ordinary 4230
Administration, where granted . .
4234, 4235
Advertisement contracts. . . . 5462, 6204
Affidavits, authority to administer
4250 (1)
Appeals, duty to send up 4467
Appointment of clerk by oruinary, 4247
Appointment to managing trusts
4240 (2)
Approval of bonds of county offi-
cers 257
Assessors to condemn private
property, appointment of . . . . 4670
Auditing claims against counties, 361
Authority of, over county matters, 4238
Bidders for public works, duty to
give notice to 345
Bonds of 4222, 4223
How approved and tried 4220
Certified copy suincient evi-
dence 4220
Bond of, as clerk 4222
Additional security may be re-
quired 4223
Bonds of clerks of 4249, 4250
Bonds from contractors 346
Books to be kept in office enumer-
ated 4250 (8)
Bridges, ferries, and causeways,
jurisdiction as to 601, 4238
Power of ordinaries over 602
Certificate on oath and bond of
constable 4095
Certiorari, when ordinary dies... 6195
Citations, authority to issue
4250 (1), 4254
Of former ordinary, how dis-
posed of 4226
Claims against county, auditing
of 361
Jurisdiction as to 4238 (6)
Clerk, authority to appoint 4248
Ordinary as 4249, 4250
Clerk of superior court, who ad-
ministers, when ordinary is.. 4230
Clerks of their own courts, ordi-
naries are 4247
Duties of ordinaries as clerk. . 4250
Commissions of tax collectors,
how assessed 411
Compensation where no fees fixed, 5402
Constables appointed by, when.. 4089
Bond of, to be proved by 4094
Oath and bond, certificate to
filing of 4095
Contempts, punishment of 4233
Contracts for county must be in
writing 343
For public works, how made. . 344
Contractors, duty to require bond
from 346
Coroner may appoint, when 492
Costs, may issue fi. fa. for 4243
County buildings, duty to keep in
repair 352
County business, control of. . 4263-4268
County orders, how issued by. . . . 361
County property, direction and
control of 4238
County purposes, authority when
sitting for 4240
Ordinary sitting for, jurisdic-
tion of 4238
County tax levied by 4238
Court houses and jails, erection
and repair of . . . : 352
Court of ordinary (see Ordinary,
court of) 4218-4131, 4251-4268
Defenses to be returned, where
4246, 6191
Disability and eligibility 4228
Disqualification of 4045, 4227
Ordinary of adjoining county to
preside ■. 4227
Disqualified, business, how dis-
posed of 4227
Ordinary pro Tiac vice 6238
Dockets furnished to justices and
notaries 4080
Duties of 4250
Duties of clerks of ordinary 4250
Election of, laws made applicable
to 96
Election takes place, when, 97, 4219
Trust held by, abates 4229
Election precincts, establishment
and change of 69, 4238
Eligibility and disability 4228
Erection and repair of county
buildings 351, 352
Establishment of lost papers, 4757-4759
Compensation of ordinary .... 4759
Executors, etc., ordinaries may
not be 4228
Elected ordinary, letters abate, 4229
Extra tax, when levied 395-399
Conduct of, as to, how re-
viewed "... 396
Fees of, law prescribing
681, 4269, 5408-5412, 5461, 5462
Extra compensation, how al-
lowed -5402
Ferries, establishment of 4238
Fi. fa. for costs, may issue
. . 4243, 4244, 4250 (4)
Direction and return of 4245
Habeas corpus, penalty for refus-
ing writ . . 4331
609
INDEX.
Or
CIVIL LAW.
Ordinary — Continued.
Health and quarantine 4238 (8)
Holder of public money, ft. fa.
against 413. 414
Illegality, return of, to superior
court' 4246
Ineligible to re-election, when. . . . 4237
Insolvent lists of tax collectors.. 863
Inspectors, may appoint for any
article 1600
Jurisdiction, generally
4232, 4240 (4), 5852
Obstruction of roads 4239
Over county officers 4238, 4239
Jurors, per diem of, in certain
cases 6237
Justice of the peace, election or-
dered by ordinary, when .... 4063
Failure to elect, ordinary may
appoint 4065
Laws and journals to be kept by
168, 169
Licenses to marry, grant of. . 4250 (3)
Liquor dealers, fees of ordinary. . 800
Lost papers, establishment of . . . .
4757, 4758
Marriage licenses 4250 (3)
Militia districts, established by. . 4238
Jurisdiction as to 4238 (4)
Minor, jurisdiction to bind out. . . . 2606
Dispute between master and ap-
prentice, jurisdiction 2606
Minutes to be kept 4250 (7)
Oath of 4221
Oaths, authority to administer. . 4241
Office, where kept 4231
Officers bonds, qualifications,
commissions, etc., as to.. 4240 (3)
Other authority of 4240
Paupers, jurisdiction as to 426
Pauper farms, jurisdiction as to. . 428
Tax to purchase 429
Peddling and peddlers licenses..
4238 (9)
Pensions, certificate, fee, etc....
" 1256, 1258, 1264
Pensions of lunatics, paying, to
notify of facts 6516
Petitions, must be in writing. . . . 4254
Police and patrol, jurisdiction as
to 4238 (8)
Poorhuse and pauper farm, reg-
ulation of 430
Poorhouses, authority to provide, 427
Poor of the county, jurisdiction as
to 4238 (8)
Powers of 5853
Powers of clerk 4248-4250
Practice before 4254-4268
Practice law in his own court,
ordinary cannot 4242
Private ways, grant of 661
Fees 681
39— Ga. Code
Proceedings before, where sitting
for county purposes .... 4263-4268
Process, etc., issuance of . . . . 4250 (6)
Public administrator, who admin-
isters whea. ordinary is clerk, 4230
Public buildings and records.... 352
Public work, duty to give notice
to bidders 345
Qualified by superior court judge, 4220
Quarantine, regulations by, 1457, 1473
Records to be kept by 4250 (8)
Registration of liquor dealers, no-
tices 792
Report to grand jury as to fi-
nances 364
Penalty for not making 366
Represent estates, ordinary may,
when 4228
Roads, establishing and changing, 4238
Obstructions of, jurisdiction as
to 4239
Room in courthouse to be as-
signed to 353
Safe for records, etc., duty to pro-
cure 352
Service by citation 4254
Subpoenas for witnesses .... 4250 (5)
Tax, extra, how levied by 395
Effect of failure to levy 396
Tax for county purposes, author-
ity to levy 4238 (2)
Duty of ordinary 400
Temporary letters of administra-
tion, issue of 4250 (2)
Term of office 4219, 5854
Trustees' returns to 3168
Unfinished business wound up.. 4226
Unrepresented estates, duty to re-
port 4236
Vacancies in county offices, 'juris-
diction to supply 4238 (5)
Vacancy, how filled 4224
Person elected to fill vacancy. . 4225
Voters disqualified, fee for enter-
ing 63
Voters' list, compensation for. . . .
41, 48, 6115
Ordinary, Courts of.
Adjournments 4253
Certiorari from 4635
Administration, ordinary may
grant 4234
In what county granted 4235
Amendments allowed, as in other
courts 4268
Of petitions and caveats 4256
Appeals from . . 4454, 4466, 4467, 5852
Appeals in forma pauperis 6192
Appeal not act as supersedeas,
when 4454
Application, notice and proceed-
ings 4254
Or-Oy
INDEX.
610
CIVIL LAW.
Ordinary, Courts of — Continued.
Caveats must be in writing .... 4256
Amendment of petition and
caveat 4256
Claims and illegalities 4628
Contempt, authority to punish
for 4233
How punished 4267
Ordinary may attach for 4261
Contempts, how punished 4267
Docket must be kept 4264
Minutes of proceedings 4266
Notice of proceedings 4265
County purposes, proceedings
when sitting for 4263-4268
Amendments, when allowed. . . . 4268
Applications must be in writ-
ing 4263
Docket of applications 4259
Docket of returns 4260
Dockets, duty to keep 4264
Fees of 4269
Filing and recording of proceed-
ings 4257
Illegalities and claims 4628
Jurisdiction of 4232-4237
Administrators and guardians
4232 (8)
As to county affairs 4238, 4239
Proceedings when sitting for
county purposes 4263-4268
Estates, deceased persons, duties,
etc 4232 (10)
Executorship or administrator-
ship, controversies relating to
4232 (3)
Controversies as to right of
guardianship 4232 (6)
Extent of 4232
Generally 4232 (11)
Guardians, appointment and re-
moval 4232 (5)
Letters, testamentary, of admin-
istration, etc 4232 (2)
Lunacy, issuing commissions
for 4232 (9)
Orphans, apprentices, etc., 4232 (12)
Probate of wills 4232 (1)
Sale and distribution of real
property 4232 (4)
Minutes of proceedings to be kept
4258, 4266
Name and style of 4218
Objections must be in writing. . . . 4256
Office, where kept 4252
Opened by appointee, court may
be 4262
Order, application for grant of. . 4254
Notice and proceedings 4254
Order must contain what 4255
Order, shall recite what 4255
Powers of 5853
Practice in courts of ordinary. . . .
4254-4262
Proceedings in, how conducted..
4254-4262
Proceedings before, when sitting
for county purposes .... 4263-4268
Process 4254
Recording and filing of proceed-
ings 4257
Returns of executors, guardians,
etc 4232 (7)
Sitting for county purposes, pro-
ceedings before 4263-4268
Time and place of holding 4251
Unrepresented estates 4236
Orphans (see Charitable Institu-
tions for Children; Guardian
and Ward).
Bound out, in what cases.. 2542, 2543
Ne exeat in cases of 4886 (2)
Ordinaries' jurisdiction as to, 4232 (12)
Orphans' Homes.
Sections 3272-3287 made appli-
cable to 6352
Powers and rights 6352
Overseers.
Breach of contract with, suit for, 3016
Parol contracts with, valid 3044
Rights and powers of overseers . . 3043
Stand in place of employer, when, 3043
Overseer of Roads (see Road Over-
seers) 530-532, 551
Owner.
Loss falls on 3543
Unsafe approaches to premises, 3824
Oyer.
Lost paper, oyer of, not demanda-
ble, when 4751
Oysters.
Amount to be planted each year . . 1703
Beds, application for 1696
County surveyor, duty to mark
beds 1698
How marked ». 1697
Natural beds, property of State, 1700
Natural beds, not to be leased, 1700
Rental for 1V05
Taxation of 1708
Planted, protected 1710
When private property 1695
Bulletin No. 19, evidence 1700
Catch between what dates 1691
Citizens, exclusive rights of, pro-
tected 1709
Closed time 1691
Consent of commissioners, when
necessary 1694
Exclusive right of* certain land
owners 1711
Exclusive rights of citizens, pro-
tected 1709
611
INDEX.
Oy-Pa
CIVIL LAW.
Oysters — Continued.
First year, none to be taken.... 1703
Forfeiture for failure to cultivate, 1697
Former leases validated 1702
Geodetic survey 1700
Land owners, exclusive right of. . 1711
Leases, approved by Attorney-gen-
eral 1706
Lease covers what 1697, 1698
Duties of lessee 1697
Lease, former leases validated.. 1702
Lease, notice of application for,
advertised 1696, 1698
Lease, planted territory, how
leased 1703
Lease, planters of, preferred in
obtaining 1696
Lease, price of obtaining 1705
Lease, record of 1704
Lease, within 1,000 thousand feet,
when 1699
Leasing and staking lots 1696
Natural beds, open to all citizens, 1700
"Bulletin No. 19" Locates 1700
Natural beds, remain State prop-
erty 1700, 6150
Navigable streams, rights in .... 1697
Navigation not to be interfered
with 1698
Night, tonging or catching forbid-
den 1701
Nonresidents forbidden to procure
beds in this State 1693
Notice of application for lease,
advertised 1698
Open season 1691, 1709
Owner may take, in what manner, 1694
Planted beds protected 1710
Planted territory, how leased.... 1702
Planters preferred in obtaining
lease 1696
Planting grounds, etc 1696
Planting grounds, lease covers
what 1697
Private bed, removal from, forbid-
den 1707
Private beds or marks, removing
oysters from 1707
Private property, beds under 130
feet of water — width 1695
Replanting, "rough" taking for.. 1692
Rights of citizens protected, 1709, 1711
"Rough take," unlawful to, when, 1692
Scoop, etc., unlawful to use, when, 1694
Season for taking 1691
How taken 1692
Staking and leasing lots 1696
Subleases 1704
Taking 1,000 feet from shore 1694
Taxation, oyster bed leases 1708
Tonging and catching at night for-
bidden 1701
Tongs only allowed for taking,
when 1694
Transplanting, in what manner
taken for 1694
Unlawful to catch, from May 1st,
to August 31st 1691
Papers and Books.
Production of, how compelled . . .
5248-5259
County Judge may compel pro-
duction 4207
Notice to produce, when unnec-
essary 5254
Proof of, required where produced
under notice 5243
Response to notice 5678
Subpoena duces tecum (see that
title) 5255-5257
Papers and Books (see Notice to
Produce).
Parades.
Preservation of order at 1163-1167
Paragraphs in Pleadings (see Plead-
ing).
Pardon.
Power of Governor to pardon or
reprieve 5815
Restoration of franchise after con-
viction 5738, 5741
Parent and Child 2493-2511
Abandoment, loses parental con-
trol 2502 (3)
Adopting adult person 2499
Adopting child, mode of 2497
Objections by relations 2498
Age of majority 2500
Bastards (see Bastards) '2507-2511
Bind out minor, parent's right to, 2602
Children, duty of parents to sup-
port 439
How protected 2505
Consent to adoption of child . . 2502 (2)
Consent to tort 3893
Contract releasing parental power
2552 (1)
Cruel treatment by parents, loses
parental control 2502 (6)
Guardian appointed when 2504
Custody of children where parents
living separate 2503
Defense by parents and children
of each other 2506
Duty of parents 2501
Failure to provide necessaries,
loses parental power 2502 (3)
Father has control of child until
majority 2502
Gifts, when implied 4936
Habeas corpus, custody of child . . . 2453
Homicide, suits for 3828, 3829
Pa
INDEX.
612
CIVIL LAW.
Parent and Child — Continued.
Illegitimate children or bastards
(see Bastards) 2507-2511
Inheritance from each other 3355
Legitimacy by order of court .... 2494
Legitimate children, who are .... 2493
Liquor furnished to child, suit for, 3871
Maintenance, protection, and edu-
cation 2501
Majority, age of 2500
Marriage of minor, consent to ... 2419
Surrenders parental control, 2502 (5)
Mother's rights in case of death
of father 2503
In cases of separation 2503
Mutual protection by parents and
children 2506
Names, manner of changing 2495
Order may be passed by Judge. 2496
Obligation of parents 2501
Of father of bastard 2509
Parental power, how lost . . . 2502, 2504
Pauper children, parents bound to
support 439
Proceeds of child's labor belong
to father 2502
Protection of children 2505
Rights of mother in case of death
of father 2503
In cases of separation 2503
Of mother of bastard 2509
Rights of parents 2502
Seduction of daughter, right of
action for 3870
Damages should be exemplary. 3870
Loss of service need not be al-
leged 3870
Support each other, correlative
duty to 439, 440
Torts to child 3816
Torts by child 3817
Parks.
Proprietors of, not taxed
Affidavits to obtain exemptions.
Parol Evidence (see Evidence) ....
5201-5209.. 5260-
Ambiguity in wills, explained by.
Blank indorsements, explained by,
Contracts, which must be in writ-
ing
by
Deed reduced to mortgage
parol
Equity, parol evidence to rebut. .
Former recovery, parol admissible
on questions of
Intention in conveyance explained
by parol
Mistake in grant, not proved by. .
Mistake, parol evidence to show. .
Receipts explained by
Surroundings may be proved ....
Trust, parol admissible to imply
or rebut
6051
6052
5328
3325
5209
2693
2725
5207
3743
3083
3220
3975
5208
5205
3161
Usage (see Custom and Usage) . . 5206
Writing, parol evidence to affect . .
3675, 5201-5209
Writing void, parol admissible to
show 5203
Partial Divorce (see Divorce)
Effect of
Grounds for
How annulled by parties . .
Verdict, form of
2427,
2451
2428
2454
2439
Partial Failure of Consideration
(see Consideration; Failure
of Consideration).
Effect of 3665
Payment for goods, partial failure
afterwards 3557
Plea of 5091
Partial Payments (see Payments).
Interest, how calculated . . . 2883, 3722
Particulars.
Bill of, must be annexed, when. . .
4963, 5642, 5695
Parties 5009-5034
Actions on contracts 4939
Actions for torts 4940
Added or stricken by amend-
ment 5103-5105
Administrator de bonis non, may
be made party . . . 3404, 3439, 5026
Administrators, etc., suits against,
3501, 3505
Admissions of, admitted, when. . .
5189, 5190
Agent, right of, to sue 3037
Amendment by adding or striking,
5103-5105
Appeal, all bound by judgment on, 4462
One or more may 4461
Representatives may, when... 5023
Where party dies before entry
of 5023
Appeal revives the suit 5024
Judgment where no appeal is
entered 5023
Assignments, parties to proceed-
ings to set aside 2711
Attachments, parties, how made. .
4562, 4563
Bills in equity 4841-4844
Bills of exchange 3676
Both parties dying, new parties,
how made 5031
Choses in action assigned to heirs
of partners, parties, how
made 2647
Claim cases, parties how made in, 5021
Claim assigned, parties, how
made 5022
Class, representative of 4842
Continuance for absence of 5131
Contracts, parties to (see Con-
tracts) 3647-3655
613
INDEX.
Pa
CIVIL LAW.
Parties — Continued.
Parties to suits on 4939
Creditor's bills 4845
Death of both parties, new parties,
how made 5031
Of claimant, representative
made a party 5645
Of parties before appeal en-
tered 5023
Of party not prevent execution
or issuing 5034, 5035
Of receiver, parties, how made. 5033
Of representative, parties, how
made 5018, 5019
Of trustee, parties, how made. . 5033
Of usee, parties, how made . • . 5032
Defendant dying, representatives
made party, when 5017
Different counties, scire facias
against parties in 5029
Discovery from, at law 3853-3957
Ejectment, true claimant made
party 5001
Equitable proceedings at law....
4835-4838, 4841-4846, 5048
Right to make parties 4835
Establishment of lost papers .... 4756
Execution where parties die, 5034, 5035
Garnishee dying, representative
made party 5025
Infant suing with next friend, suit
not void 4947
Insolvent trader's petition 2718
Joinder of parties 4937-4949, 5048
Joint defendants, parties, how
made against 5009-5015
Lost papers, proceedings to es-
tablish 4756
Minors, guardian ad litem ap-
pointed for 4987
Mortgage foreclosure proceedings,
2768, 2769
New parties not added by amend-
ment 5099
Nonresident defendants, repre-
sentatives made parties 5030
Notice, parties made without,
when 5019, 5030
Partners, suits by and against...
2638, 5010, 5346
Penal action, parties to 4933
Plaintiff dying, representatives
made party 5016
Privity not necessary to action for
tort 3812
Real parties in interest, admis-
sible, when 5190
Representative of deceased ob-
ligor may be sued 5014
Scire facias, contents of 5027
Against parties in different
counties 5027
Form of 5019, 5027
How issued and served. . . 5028, 5029
When sufficient 5027
Sheriff and party, process, to
whom directed 4993
State a party, trial speeded 24
Successor of executor, etc., may
be made party 5018
Of trustees may be made
parties 5033
Sue separately, when 4946
Supreme court, making parties in
5561, 5562
Tenant in common, right to sue
alone 4941
Terms or vacation, parties made
in 5019
Testify, parties may, when 5269
Time of trial where parties made, 5022
Torts, parties to action for 4940
Usees may be made parties, when
2745, 3749, 4939, 5105
Representatives of, may be
made parties 5032
Vacation or term, parties may be
made in 5019
Vouching parties 3617, 5001, 5234
Witnesses, parties, when incom-
petent 5269, 5271
Year's support assigned, parties,
how made 5022
Partition 4783-4798
Absence of party under disability
or not notified, remedy 4797
Motion to vacate because party
under disability, etc 4797
Accounting by tenants 3147
Application, to whom made 4786
Application, by whom made. . . . 4787
Notice of, how served 4788
What petition must set forth.. 4786
Cases not provided for 4796
Decree passes title 4784
Molding decree 4785
Defense, when and how made. . . . 4791
Disabled and unnotified party,
remedy of 4797
Equity jurisdiction 4783
Extraordinary cases, proceedings, 4796
Issue, how made by, and tried. . . . 4791
Issue and return of writ.... 4789-4790
Judgment in partition cases, 4792-4796
Return shall be made, when. . . . 4792
Lands indivisible must be sold.. 4793
Place and manner of selling. . . . 4793
Proceeds, how disposed of .... 4794
Title to property sold 4795
Minor interested and not notified,
motion to vacate 4797
Molding decree 4785
New partition, when awarded. . . . 4792
Notice of application, service of. . 4788
Objections, tried in what manner, 4791
How and when filed 4791
Pa
INDEX.
614
CIVIL LAW.
Partition — Continued.
Judgment of the court thereon, 4792
Partitioners, duty of 4790
Five to be appointed 4789
Personal property, partition of.. 4798
By county judge 4208
Petition, contents of 4786
Application, by whom made. . . . 4787
Power of the court as to 4796
Proceedings to partition.... 4786, 6197
Proceeds of sale, how disposed of, 47^4
Return, when to be made judg-
ment 4792
Sale of lands which cannot be di-
vided 4793
Proceeds, how disposed of . . . . 4794
Title to property sold 4795
Set aside, when 4797
Surveyor to be selected 4790
Tenants in common, partition be^
tween 3146
Titles to property sold, how made, 4795
Writs of, how issued and to what
persons 4789
Partners and Partnership .... 2626-2685
Accommodation indorsement, out-
side scope 2656
Accounts between partners, equity
jurisdiction of 3989
Actions by and against partners
2638, 5009, 5015
Act of one party binds all, when. . 2651
Exception as to outside mat-
ters 2653
Of partner outside of, firm not
bound by 2653
Agent of partnership, duty of . . . . 2652
Contradictory instructions, ef-
fect of 2652
Agents and servants, liability for
torts of 2658
Amendments in suits by partners, 5103
Appeals by 4460
Appeal for firm, one partner
may 4460
Assets, disposition of, among cred-
itors 2660
Division in kind 2647
Assets of insolvents, how dis-
posed of 2660
Attachment affidavits made by. . 4513
Bad faith of partner, advantages
acquired by, to be surren-
dered up 2642
Bond, one partner may execute.. 2639
Bonds in firm name, authority to
execute 2639
Bound by acts of partner 2651
Exception as to outside mat-
ters 2653
Claim, partner may interpose. . . . 4617
Commences, when 2630
Common interests in profits 2629
Continuance of, death as affect-
ing 2631
Contribution in case of insolvent
partner 2641
Created in what manner 2626
Creditors, disposition of assets
among 2660
Death of partner as affecting rela-
tionship 2631
Division in kind, when 2647
Of one, pending action, new par-
ties made 2631-2633, 5009
Denial of partnership by defend-
ant, to be on oath 2637
Disposition of assets among cred-
itors 2660
Dissolution of 2632
Dissolved in what manner .... 2633
Division in kind, when 2647
Effect of dissolution 2635
Firm not bound by act of part-
ner, after ■ 2659
Notice of dissolution 2634
Partner's power after . . . 2659, 3791
Dormant or secret partner de-
fined 2628
Duration and dissolution 2632
Examination into affairs of firm
by partners 2643
Extent of partnership 2627
False partners named, penalty
for inserting 2636, 2637
Fraud of partner, firm's liability
for 2657
Partner's responsibility for. . . . 2657
Garnishment of partner's interest, 2661
Lien on such interest 2661
General principles regulating re-
lation 2626-2639
Good faith inter se, required 2642
Guaranty of partner, outside
scope 2656
Incoming partner, bound for
debts, when 2645
Infancy pleaded by one 5011
Insolvent partner, contribution in
cases of 2611
Interest of each partner 2640
Not subject to levy 2661
May be garnisheed 2661
Introducing new partner 2644
Joint interest as constituting part-
nership 2629
Judgments in favor of, or against, 5346
Against partnership, bind what, 2638
Bind co-partnership property. . 5010
Judgments in firm name 2638
Limited partnership (see that ti-
tle) 2662-2685
Loan to partner, liability of firm
for 2654
Majority, power of 2646
Matters outside of partnership.. 2653
615
INDEX.
Pa
CIVIL LAW.
Partners and Partnership — Cont'd.
Names of partners added to suit
by amendment 5103
Of law firms, how signed to
writs 5640
Ne exeat in cases of 4886 (1)
New partner introduced only by
consent 2644
New promise by partner 3791
Notice of dissolution 2634
One partner's acts bind all, when, 2651
Exception as to outside mat-
ters 2653
Open or ostensible partner de-
fined 2628
Ostensible partners defined 2628
Partner s interest, not subject to
levy 2661
May be garnisheed 2661
Payment to partner, when good. . 3717
Power of each partner 2643
Of majority 2646
Of partner after dissolution. . . .
2659, 3791
Profits common, when interest in,
creates relationship 2629
Proof of, not required unless de-
nied 2637
Purchasers from partner, rights
of 2654,2655
Relation between partners, confi-
dential 4030
What constitutes 2629
Representatives of deceased obli-
gors may be sued with sur-
vivors 5014, 5015
Rights and liabilities of partners
among themselves 2640-2649
Of partner to veto 2646
Rights and liabilities of partners
as to third persons 2650-2661
Secret or dormant partner de-
fined 2628
Secret stipulations not affect third
persons 2650
Service on one or more of several
2648, 5009, 5015
Judgments bind co-partnership
property 5010
Set-off of claim against partner-
ship, against surviving part-
ner 3747
Strict faith required amongst. . . . 2642
Suits by and against partners. . . . 2638
Service of one binds all, when, 2638
Surviving partner, power as to
personalty 2648
Power as to real estate 2649
Rights of survivor 2647
Time of commencement 2630
Torts of partner or servant 2658
Venue of suits against.... 4952, 5872
Veto, right of partner to 2646
Withdrawal of partner, notice of,
how given 2634
Witnesses, incompetency of part-
ner on death of opponent,
when 5269 (2)
Part Payment (see Payment).
Bar of statute removed by. . 3789, 3792
Interest, how calculated on, 2883, 3722
Statute of frauds, part payment
as affecting 2693, 2694
Part Performance.
Statute of frauds, how effected by
2693 (7), 2694
Partridges.
Protection of 6647
Party Wall.
Lateral support 3047
Passenger Station at Atlanta.
Lease of W. & A. R. R. not to be
disturbed 6435
Location of station 6434
State's commission on 6433
Compensation denied to com-
missioners 6437
Report to General Assembly.. 6436
Passengers (see Railroads).
Pasturage for Cattle.
Tenant's right to 3119
Patent Defects (see Latent De-
fects).
General express warranty, not
covered by 3560
Plea, after partial payment 2557
Warrant against intention to, how
shown 3560
Patent Rights.
Contract for sale of, must express
consideration '. 6650
Not apply to merchants, etc.,
delivering goods direct 6650
Penalty for not expressing con-
sideration on face of note. . . . 6652
Purchasers take, subject to equi-
ties 6651
Patrol.
Ordinaries' control of 4238 (8)
Pauper Affidavit (see Affidavit).
Amendment of 5124
Appeals, pauper affidavit on, 4465, 5124
Claim cases 4618
Supreme court.. 5552, 5553, 5613, 5881
Affidavit as to liability to pay
cost 5613
Contents of such affidavit 5613
Paupers 438-447
Application of, to commissioner
of the poor 437
Bond, suit on 446
Suit on bonds of persons mov-
ing 436
Pa-Pe
INDEX.
616
CIVIL LAW.
Paupers — Continued.
Burial of 441
Certificate of ordinary as evidence
of pauperism 440
Children to support parents, 439, 2501
County from which they came,
when liable 443-
Definition of 438
Houses and farms for 428
Jurisdiction of ordinaries 426
Lunatic 1439-1442
How dealt with 447
Migratory companies, pauper left
by 444
Bond may be required 445
Filing of such bond 446
Parents and children bound to
support each other 439
Parents to support children, 439, 2501
Pauper farms 428
Tax to purchase 429
Persons moving, bound to sup-
port, when 442-446
Poorhouses for 427
Provision for support of 427-435
Removal of, liability for 442
County liable, when 443
Tax for support of 397
Tax levy to pay expenses 404 (7)
Pawnbrokers (see Pledges and
Pawns).
Licenses of, by city 755, 2995
Pawns and Pledges (see Pledges
and Pawns) 2955-2965
Payment 2717-3723
Acceptance of goods and partial
payment 2693 (7), 3537
Accord and satisfaction (see that
title) 3732-3736
Administrators, payment of debts
by 3421, 3424
Agent, payment to 3717
Agent receiving property in-
stead of money 3717
Authority to receive payments, 3006
Payment to agent who has not
the evidence of the debt 3006
Agents, payments by, illegally
made, recoverable back .... 3033
Making payment by mistake.. 3036
Appropriation of payments 3722
Debtor's right to direct 3722
Election, creditor's right to ... . 3722
Law directs, when 3722
Oldest lien, first paid 3722
Articles other than money, 3677, 3678
Attorney, payment on judgments,
etc., to 5639
Bank bills, warranty attaches to. . 3720
Checks or notes not payment, un-
til themselves paid 3720
Ineffectual payment 3718
Interest, payments, how applied. . 2883
Limitation laws, how affected by,
of part of debt 3789
Made how, and to whom 3717
Money, payment in articles other
than 3677, 3678
Naked trustee or nominal party,
payment to, ineffectual 3718
Nominal party or naked trustee,
payment to, ineffectual 3718
Notes not payment until them-
selves paid 3720
Notice of agent's claim, payment
before 3037 (5)
Partial payment as affecting stat-
ute of limitations 3789-3792
As affecting statute of frauds
2693 (7), 2694
Interest, how calculated on. . . .
2883, 3722
Partial payment, plead, bal-
ance must be paid 5661
Plea of partial failure of con-
sideration 3557
Post, payment by 3719
Price, payment of, when due .... 3550
Property, payment of, to agent. . 3717
Receipts only prima facie evidence
of payment 5208
Recovered back, payment cannot
be 3723
Release of lien equivalent to pay-
ment 5443
Specifics, agreements to pay in..
3677, 3678
Stakeholder, payment by, when
good 3721
State Treasury, payments, how
made from 140
Statute of frauds, effect of pay-
ment, as to goods 2693
As to lands 4037
Surety, payments by 2980, 2988
Tender, when eauivalent to pay-
ment 3728
Third persons, payment to, 5442, 5443
Valid, when 3717
Voluntary payment, what is .... 3723
Peace.
Bills of, entertained, in what
cases 4894
Perpetual injunction in aid of . . . . 4895
Peddlers.
County license 421
Jurisdiction of ordinary over. . . . 4894
License, peddling without, pen-
alty 425
Peddling 1640-1650
Certain penalties, etc., not inter-
fere with Penal Code 1529
Confederate soldiers, who exempt
1642, 1643, 1646
617
INDEX.
Pe
CIVIL LAW.
Peddling — Continued.
Oath required or such 1644
Ordinary's certificate 1645
Disabled soldiers to peddle with-
out . .- 1642
Exceptions from license. . . . 1641, 1642
Foreigners, not licensed to peddle,
when 1660
Illegal peddling, forfeiture for. . . . 1525
License charges 421
Law regulating 1640-1650
Ordinary may grant 1649
Tax payer may demand to see, 1524
Maimed soldiers, peddling, how
carried on 1642-1646
Oath of peddler 1647
Proceedings against those who en-
gage in 1525
Qualifications and oath of peddler, 1647
Tax payer may demand to see li-
cense 1524
Vehicle, each licensed separately, 1648
Pedigree.
Proved in what manner 5177
Penal Actions (see Informers; Qui
I1 am Actions).
Definition of 74, 3740, 4933
False name in firm, action for. . 2636
Precedents in 3776
Solicitor or Attorney-general to
prosecute 4933
Superintendents of elections, ac-
tion against 74
Turnpike companies, defaulting
proceedings 647
Winner, action against 3671
Penalties.
Carrying off or detaining pilot. . . 1667
Liquidated damages, penalties in
bonds are not, though called
so 5795
Officer failing to deliver books to
successor 274
Official bond, failure to mark,
filed 255
Pendency of Former Suit.
Another State, suit in, no bar. . . .
Attachment, defense does not lie
to 3739,
Concurrent remedies
Defense of, allowed when
2690, 3739,
Defense to tort
Notice, when and how
Plea of 3737,
Torts, defense to suits for
3738
4526
4945
4526
3903
3936
5094
3903
Penitentiary.
Assistant keeper's salary 284
Bookkeeper's and salesman's sal-
ary 284
Chaplain of, salary 284
Milledgeville, owned by State 1014
Officers appointed by Governor.
Overseer of, salary
Physician of, salary
Principal keeper's salary
Tanner of, salary
Per Diem of Legislators.
Amount of 309,
Performance 3724
Concurrent conditions, failure to
perform
Contract, performance effectual,
when
Excused, when
Impossibility of performance. . . .
Mutual temporary disregard until
notice
Part payment, under statute of
frauds
"Under statute of limitations ....
3789
Part performance, as affecting
statute of frauds 2694,
Defense, pro tanto, when
Specific performance (see Equity)
4036-
Tender, equivalent to, when....
Tender of specifics, how made.
135
284
284
284
284
5788
3731
3708
3724
3727
3725
3642
2694
3792
4037
3726
4042
3728
3729
Perishable Property.
Bail trover cases 4607
Carrier's right to sell 2303
Sale of (see Sales, Public), 5463-5465
Tax ft. fa., sale under 5465
Pensions.
Additional pensions denied 1260
Additional proof 1253
Aged and infirm Confederate sol-
diers 1254-1261
Annual payments to widows 1266
Application for *. . . . 1252
Appropriations for 1898 6564
Pensions of 1898, unpaid 6565
Appropriation for 1900 6566
Blank applications shall be fur-
nished . . .' 1255
Commissioner of pensions.. 6556-6562
Annual report of 6558
Attorney, commissioner not act
as 6561
Duty of commissioner 6557
. Fees, crime for commissioner to
take 6562, 6690, 6691
Office, duration of 6560
Records, etc., open to inspec-
tion 6559
Salary and term of office 6556
Term of office and salary 6556
Confederate soldiers and widows
5882, 6210a, 6555
Inmates of soldiers' home, pen-
sions abate 6571
Widows, act embraces, who. . . . 6563
Death of pensioner, effect of 1267
Pe
INDEX.
618
CIVIL LAW.
Pensions — Continued.
Deceased pensioner's widow, 1265-1267
Fees of ordinary 1258-1264
Prom beneficiaries, unlawful to
demand 1259
Garnishment, pensions exempt
from 1268
Granted in what manner 1251
To whom granted 1250
Infirm and aged Confederate sol-
diers 1254-1261
Lists transmitted to superior
court clerk 1269
Examination of lists, and re-
port by grand juries 1270
Lunatics in asylum, pensions
abate 6515
Ordinary to notify fact 6516
Maimed Confederate soldiers .... 1250
Method of obtaining 1251
Officers and men in active mili-
tary service 6550
Ordinary's certificate 1256
Additional proof may be de-
manded 1253, 1257
Fees of ordinary 1258
Payments of 1254
Pensioners already enrolled 1260
Proof as to being entitled . . 1251, 1257
Additional proof may be re^
quired 1253
Subsequent payments, how pro-
cured 1261
Warrant, how drawn 1252
Widows of Georgia Confederate
soldiers 1262-1266
Annual payments 1266
Entitled to pension at death... 1267
Payments, how made 1267
Evidence to be furnished 1263
Fees of ordinary 1264
Widows of deceased pensioners
1265, 5882, 6210a
Perjury.
Judgments obtained by, set aside, 5366
Number of witnesses 5156
Perpetuation of Testimony.
Allowed, when 3958-3967
Application and order for 3963
Bill in equity for 3958, 3959
Costs, paid by whom 3962
Depositions, filing and Keeping of, 3964
Execution of commission 3964
Fees of commissioner 3967
Method of perpetuating testimony
3963-3967
Possession immaterial 3960
Record of application and order
for 3965
Used, when and how . .• 3961, 3966
Perpetuities.
Construction of 3102
Perquisites.
Comptroller forbidden to have. . 205
Secretary of State has none .... 180
Person.
Includes what 5
Personal Injuries (see Damages;
Torts) 3826-3831
Personal Pleas. ,
Infancy 3649
Usury 2878
Personal Property (see Personalty)
3070-3078
Personalty 3070-3078
Acceptance of draft and assign-
ment, when 3078
Alternative verdict in damages.. 3887
Animals, property in 3073
Assignment of choses in action. . 3077
Of funds 3078
Right of action assignable,
when 3079
Personal tort not assignable. . . . 3079
Bail in action for personalty (see
that title) 4604-4610
Bailments (see title Bailments) . . 3889
Bank stock 1910
Bills of sale, record of 3626
Effect of record 3626
Bill of sale to secure debt; fore-
closure 6631
Defense thereto 6632
Birds, property in 3073
Choses in action, assignment of. . 3077
Definition of chose in action . .
3072, 3076
Contract for sale of, to be in writ-
ing, when 2693
Death, etc., of property, as a de-
fense 3919
Deeds to, generally unnecessary. . 3606
Need no witnesses 3606
Definition of 3070
Deposit by wild animals 3074
Honey bees and other increase, 3074
Descends to administrator 3353
Detached realty becomes person-
alty 3050
Devise, when real, and when per-
sonal 3337
Exemption of 2827, 2830
Fishes, property in 3073
Fixtures 3049, 3120
Future interest in, not subject to
levy 5452
Includes what 3070
Increase of animals follow
mother 2075
Issue of, may be included by
amendment • • 5100
Judgment liens attach to future
interest 5452
Judicial sale of 5452
619
INDEX.
Pe
CIVIL LAW.
Personalty — Continued.
Future interest, how reached. . 5452
Law of estates applies to 3080
Levy must be filed by seizure. . . . 5452
On personal property unex-
plained , 5442
Liens on, enforcement of . . 2805, 2816
Life tenant cannot remove beyond
State 3096
Fraudulent attempt, forfeiture, 3096
Limitation of actions 3899
Machinery 3049
Mechanics, special lien on, how
lost 2085
Mortgage foreclosures 2753-2762
Partition of 4798
Possession, personalty in, defined, 3071
Deprivation and actionable tort, 3885
Interference with, actionable,
when 3886
Owner entitled to 3885
Personalty in, defined 3071
Will support action, when .... 3886
Remainder in, by parol denied.. 3103
Remainder interest, injury to . . 3890
Rights and remedies 3076
Specific performance as to 4038
Stock representing shares, are, 5, 3070
Surviving partner's power as to. . 2648
Tender in trover 3897
Things detached from realty be-
come personalty 3050
Title by prescription 3592
Tort to possession, right of ac-
tion 3885, 3886
Trespass to personal property
(see title Trespass) 3888
Trover action (see title Trover) . . 3887
Verdict, right of plaintiff to
choose 5335
Warrant for possession of. . 4799-4807
Wild animals, property in 3073
Persons 1802-1834
Citizens 1802-1812
Colored persons, 1820, 1823, 5715, 6035
Corporation included under .... 5
Domicile and manner of changing
same (see title Domicile)
1824-1830
Eligibility to office 223
Foreigners to pay tax
767, 769, 805, 818, 819
Includes what 5
Injuries to the person 3826, 3831
Jurisdiction of State as to.... 22, 1815
Natural or artificial, division into
1802, 1803
Persons of color 1820-1823
Protection to, guaranteed 5699
JSui juris, domicile, of persons
who are not 1830
Taxation, who exempt from .... 762
Persons of Color (see Negroes), 1820-1823
Children legitimate, when 1823
Definition of 5, 1820
Husband and wife, when 1821
Intermarriage with whites forbid-
den 1822
Marriage of 1821
Who may perform the cere-
mony 1822
Social status not subject of legis-
lation 5715
Taxes paid by, Comptroller's re-
port as to 857
Tax of 832, 858
Vote, right to be guaranteed 6035
Petition and Process (see Actions:
Pleadings; Process) 4960-4972
Amendment, effect of.. 5068, 5097, 5109
Appearance and pleadings re-
moves defects 4981
Bill of particulars, annexation of
4963, 5642
Commencement of suit, time of. .
4960, 4973
Contents of petition 4960
Death of judge, not affect validity, 4982
Defects which may be taken, ad-
vantage of on motion 5046
Delivered too late for service, how
disposed of 4991
Demurrer to 5045
Direction of service, where sher-
iff a party 4986, 4993
Exceptions to petition .... 5659, 5675
Exhibits to 4963
Filed within twenty days 4984
Filing, time of, to be indorsed on, 4973
Formal objections not regarded.. 4994
Issue made by petition and an-
swer 4995, 5067
Modes of defense 5047
Nonsuit, when refused 4995
Officer failing to execute, return
of 5683
Ordinary suits commenced by . . 4960
Paragraphing the petition 4961
Paragraphs to be separately
answered 5051
Process, direction, service, etc.,
where sheriff is party. . 4986, 4993
Must be annexed to petition. . 4974
Service, travers of, entry of, 4985, 4988
Served within fifteen days .... 4985
Sheriff a narty, service how
made 4993
Traverse of entry 4988
Where defendant resides out of
county 4989
Where no clerk or sheriff 4990
Signed by law firms, how 5640
Special pleadings not admissible, 4995
Substantial cause of action set
forth, sufficient 4995
Pe-Pi
INDEX.
620
CIVIL LAW.
Petition and Process — Continued.
Traverse of entry of sheriff 4988
Waiver of process and service. . . . 4983
Petroleum (see Illuminating Oil;
Inspectors; Oils).
Inspection of, law regulating. . . . 1588
Pharmacy.
State board of (see State Board of
Pharmacy) 1492-1503
Taxation of pharmacies 6046
Pheasants.
Protection of 6647, 6649
Phosphate Deposits 1726-1729
Affidavit and bond 1728
Fees to State 1727
Lapse of licenses 1729
Rights of discoverers 1726
Photographers.
Confederate soldiers not taxed.. 6053
Physicians.
Board of 1582
Confederate soldiers, practice
medicine without tax 6050
Malpractice, damages for 3831
Medical board 1482-1491
Pharmacy, board of (see State
Board of Pharmacy) .. 1492-1503
"Practice Medicine" denned .... 1490
What persons may 1477
Register, duty to 1479
Register again, duty to, on re-
moval 1480
Tax, professional, to be paid be-
fore practicing 6047
Penalty for failing to pay 6048
Payment requisite to practic-
ing 6049
United States, medical officers of,
excepted 1481
Physicians for Asylum (see Geor-
gia State Sanitarium), 1423, 1424
Pilots and Pilotage 1651-1690
Appeal from commissioners .... 1680
Commissioners to take testi-
mony 1681
Testimony in cases of 1681
Appointment, number, and term
of commissioners 1651
Appointment, etc., not changed
by Code ... 1690
Apprenticeship, term of service. . 1683
Damaged by pilot's negligence... 1670
Ballast discharged in harbor, pen-
alty for 1685
Proceedings in such case 1686
Towns may prohibit 1688
Bond of pilot 1662
Branch pilots, how appointed.... 1684
Carrying off or detaining pilot,
penalty for 1667
Commissioners of pilotage, ap-
pointment of 1651, 1652
May sue, when 1689
Powers of 1653
Present appointments to stand, 1690
Rules, record of, to be kept 1672
Secretary of, fees, etc 1678
Concealing obstructions, penalty
for 1686, 1687
Copies from record, evidence.... 1673
Damages against master or pilot, 1671
Default of pilot, penalty for 1670
Defaulting witnesses, punishment
of 1676
Delivering letter, compensation
for 1660
Departing vessel must notify pilot, 1666
Docking and mooring 1658
Duty of pilots 1664, 1665
Exemption from fees 1655
Fees of pilots 1655
Carrying vessel to another port, 1669
Collection of 1659
Delivering letters, etc 1660
For serving subpoenas 1679
Paid by person rejecting him.. 1656
Secretary, fees of 1679
Taking pilot from vessel, fees
for 1668
Fines and forfeitures, how dis-
posed of 1682
Health inspector 1464
Health requirements, before
boarding vessels 1464
Duty before entering vessels 1464
Interrogatories, citations to an-
swer 1677
On appeal from commissioners, 1681
Witnesses compelled to answer, 1677
.License and oath of pilot
1653, 1661, 6148
How forfeited 1663
Number allowed 6149
Mooring and docking 1658
Notice to pilot of vessel's depart-
ure 1666
To witness and party, length of, 1678
Oath and license of pilot
1653, 1661, 6148
Obstructing harbors, penalty for, 1685
Penalty for concealing 1687
Penalty, how recovered 1686
Obstructions, who may prohibit. . 1688
Office of commissioners, where
kept 1674
Penalty for carrying off or detain-
ing pilot 1667
Pilot bringing vessel in, may take'
it out 1657, 1659
Powers and duties of commis-
sioner 1655
Quarantine duties 1464
Record of rules and regulations
kept 1652
Records, assets, copies, etc 1673
621
INDEX.
Pi-Pi
CIVIL LAW.
Pilots and Pilotage — Continued.
Refusal of vessels to take pilots. . 1656
Removal of 1654
Rights and duties of pilots
-. 1656, 1664-1665
Rules, regulations, and fees' 1655
Record of, to be kept 1672
Secretary, fees of 1673, 1679
Subpoenas, service of 1678
Fees for serving 1679
Suits for forfeitures in name of
commissioners 1689
Vacancies in board of commis-
sioners, how tilled 1652
Witnesses, attendance, subpoenas,
etc 1675
Defaulting witnesses, punish-
ment 1676
Interrogatories, citations to an-
swer 1677
Pitch, Tar, Etc.
Inspection of 1596
Inspector, city's right to appoint. . 1600
Regulating making and vending
of 1599
Planing Mills.
Liens in favor of owners
2807, 2787 (10)
Plank Roads.
Crossing public roads, regulation
of 2232
Damage, how assessed 2371
Fees of clerk 2370
Incorporation of 2368
Public roads, appropriation of for-
bidden 2233
Ten per cent, must be paid in. . . . 2369
Plantation on County Line.
Taxation 817
Plat (see Survey).
Copies of re-surveys, admissibility
of 5686
Contents of plat 5689
Objections to survey 5690
Scale of plat 5687
Survey, when received in evi-
dence 5688
Plats of Land Grants.
Law as to 185 (1-2)
Plea and Answer 5045-5096
Accord and satisfaction, as a de-
fense 3732-3736
Administrators, pleas peculiar to
3506-3507
Agents and attorneys may swear
to 5059
Amendments, effect of 5068
Claims of a similar nature, de-
fendant's right to set up.... 4944
Contents of 5052
Contradictory answer, right to
file 5065
Default, judgment by 5077
Plea on opening default, 5072, 5078
Defects which may be taken ad-
vantage of on motion 5046
Demurrer to plea 5045-5050
Notice of filing of 5064
Dilatory pleas may be sworn to. . 5058
Discovery sought, how defendant
must answer 5061
Equity, pleas in 5047
Notice of plea 5064
Executors, pleas peculiar to 3506
Executors and administrators, an-
swers and pleas must be
sworn to 5660
Failure of consideration, total... 5091
Partial failure 5091
Filed at first term, must be
5045, 5047, 5052
Contents of plea or answer . . . 5052
Former recovery, plea of
3741, 5094, 5095
"General issue," no longer al-
lowed 5051
Issuable, defense not filed, court
gives judgment by 5076
Issue, petition and plea make. . . . 5067
Judgment by court where no de-
fense filed 5076
Judgment by default 5077, 5078
Jurisdiction, pleas to 5081-5083
In torts, effect of 3891
Justices' courts 4127, 4128
New matter not set up by defend-
ant after first term 5097
Exceptions 5097
Json est factum (see Non Est Fac-
tum) 5092-5096
Law as to 3701-3705
Must be sworn to - 5056
Notice of filing of demurrer to. . . . 5064
Nul tie! record, plea of 5093
Oath, when required to 5076
Obligation of contract, plea deny-
ing 3706-3709
Order in which disposed of 5047
Paragraphs of petition, to be an-
swered separately 4961
Partnership, plea denying 2637
Payment, defense of 3717-3721
Pendency of former suit, plea of
3737, 5094
Performance as a defense.. 3724-3727
Petition and answer make issue. . 5067
Plene a'lministravit 3506
Plene arlministravit praeter 3506
Recoupment as a defense 3756
Rescission and release 3710-3716
Set-off, requirements as to plea
of 3745-3755, 5084-5089
Copy of, when filed 5642
Special pleas 5053
Stricken out, no part to be 5065
Pl-Po
INDEX.
622
CIVIL LAW.
Plea and Answer — Continued.
Swear to plea, agents and attor-
neys' may 5059
Sworn to, how 5060
Tender as a defense 3728-3731
Torts, pleas in suits for 3891-3904
Usury, plea of, must set forth
what 5090
Is a personal plea 2878
Verdict must show upon which
plea found 5330
Verification of 4965, 5055-5062
Of amended answer required . .
5057, 6199
Verification in equity 4966, 5060
Verification by nonresident.... 5062
Verified petition requires verified
plea 5055
Pleading (see Amendments; Plea
and Answer) . 4960-5125
Action 4929-4949
Admissions in, how far evidence. . 5188
Agreement to dispense with, ille-
gal 5652
Allegations in, privileged 3842
Amendments of 5097-5108
Appearance and pleading cure de-
fects 4981
Arrest of judgment, for defects in
5364, 5365
Attachment cases (see Attach-
ments) 4556-4560
Bill of particulars 4963
City courts 4299, 4307
Consent not dispense with 5652
Defects in, as ground to arrest
judgment 5364, 5365
Defects which may be taken ad-
vantage of on motion 5046
Formal defects not invalidate. . 4994
When taken advantage of .... 5659
Demurrer 5046, 5050
Divorce cases 2432, 2433
Ejectment cases 4996-5008
Equitable proceedings, pleadings
and notice in 4840
Equity, pleading in
4834-4866, 4960, 5064
Evidence, pleading as, 4961, 5054, 5188
Exhibits to be attached 4963, 5642
Figures, use of, in pleading 4942
Formal defects disregarded 4994
Incapacity, who may plead 3653
Insurance policy, copy need not
be annexed 4963
Joinder of legal and equitable ac-
tion 4937
Ordinary, pleading in courts of. .
4254-4262
Paragraphing of petition 4961
Partnership, denial of 2637
Petition, form and requirements
of 4960
Petition to be paragraphed.... 4961
Replication not required 5063
Special pleadings not admissible, 4995
Statutory forms of, preserved. . . . 4972
Sufficiency of petitions and pleas
heard and decided at first
term 5045
Torts 3807-3920, 4940
Trover 3887
Verification, necessary, when . . .
4964, 4965
Verified petition requires verified
plea 5055
Writ-book, all pleadings to be re-
corded in 4361
Pledges and Pawns 2956-2965
Death of parties not affect 2960
Definition of pawn 2956
Diligence of pawnee 2963
Execution, sale under .... 2958, 2962
Expenses, necessary, paid by
pawner 2964
Increase belongs to pawner 2965
Liability of pawnee 2963
License to pawnbrokers, how
granted 755, 2955
Liens of 2787 (11), 2813, 2959
How satisfied 2818
Rank of lien 2812
Notes pledged, diligence of
pawnee 2963
Holder, how far protected .... 2957
Property in goods pawned 2960
Sale by pawnee 2958
Sale under execution 2958, 2962
Title deeds', delivery of, creates
no pledge 2956
Title, in goods pawned 2960
Transfer by pawnee, purchaser
protected 2961
Use of goods pawned 2959
Police.
Conductors of sleeping cars, po-
lice powers of 6444
County police 4238 (8)
Police Courts.
Code, police courts, how affected
by 711
Punishments in 712-716
Police Power.
Abridgement of, prohibited 5798
Corporations cannot infringe
equal rights of individuals . . 5798
Licenses under 15
Revocation of 15
State, police power of, preserved, 5734
Policy of the Law.
Comity of States 9
Contracts against void 3668
Marriage favored by 2410
Private sales by administrators,
forbidden 3459
623
INDEX.
Po
CIVIL LAW.
Policy of the Law — Continued.
Wills preventing void 3258
Political and Civil Code Amend-
ments.
Sections amended or repealed . .
6114-6212
Poll Tax 775
Amount and object of 775, 5885
Maimed Confederate soldiers ex-
empt 766
None required, when 765
Subjects of 766, 775
Tax collector to pay into treas-
ury 1402
Pomology (see Horticulture and
Pomology).
Pony Homestead (see Homestead
and Exemption).
Pooling (see Insurance Companies)
-. 2085-2088
Pool Tables.
Taxation of 803
Poor (see Paupers).
Commissioners of, appointment
of 435
Fund for support of, how reported
and accounted for 436
Provision of law for support of
426-447
Supervision of, vested in ordinary, 426
Poorhouses and Poor Farms.... 427-431
Ordinary's power to purchase . . . 427
Regulations for 430
Tax for purchase of 429
Taxation, exemption, when 762
Workshops, churches, etc., at. . . . 431
Positive Testimony.
Better than negative 5165
Possession.
Admission of possession before
being admitted to plead .... 5656
Agent having, may sue for inter-
ference 3038
Bare possession authorizes action
against wrongdoer 3876
Chattel, mere possession, gives ac-
tion for interference 3886
Conversion, not proved, when. . . . 3887
Declarations of persons in posses-
sion 5180
Delivery of, by tenant 3121
Disputed owner of legal title,
deemed in 3878
Ejectment cases, writ of 5418
Husband, possession of 3931
Judgment lien, plaintiff's posses-
sion discharges from.. 5355, 5356
Notice of title, possession is .... 3931
Personalty, possession in, denned, 3071
Owner entitled to 3885
Possessory warrants, possession
the only issue 4802
Prescription, possession in cases
of 3584-3592
Prior, plaintiff may recover on,
when 5008
Recorded deed, possession under. 3587
Right of, authorizes action for in-
terference 3875
Trespass, possession which au-
thorizes suit for... 3071, 3875-3889
Wife, possession of 3931
Writs of, and rights of purchasers
(see Sales, Public) 5468-5472
Issued against whom 5419
Possessory Warrants 4799-4807
Bond in certiorari cases, where
returned 4802, 4804
Certiorari and notice thereof is
supersedeas 1803
Bond, where returned... 4802, 4804
Lies to judgments on 4806
Judgments on the certiorari. . . . 4807
Continuance of 4801
County Judge may issue and try. 4208
Defendant may be imprisoned,
when 4805
Execution and return of 4800
Grounds upon which issued, and
by whom 4799
Imprisoned, when defendant may
be 4805
Issued in what cases 4799
Possession, only issue to be tried, 4802
Supersedeas, notice of certiorari
is 4803
Trial of 4801
Possibility.
Sale, possibility not subject of... 3537
Postal Rights.
Letters of inmates of insane
asylums protected 1452
Postmaster.
Duty as to interrogatories 5309
Posthumous Child.
Rights of 3355 (4)
Postnuptial Contracts.
Executed, when 2486
Powder (see Gunpowder).
Keeping and transportation of . . .
1151, 1476, 2291
Power of Attorney.
Fiduciaries may execute
2556, 3000, 3428
Filed on appeal, when 4457
Formality required 3002
Limited partnership, certificate
filed, when and where 2667
Official bonds, attorney in fact
may execute 249
Filed with bond, when 249
Po-Pr
INDEX.
624
CIVIL LAW.
Powers.
Agent having indicia 3539
Collusive execution of 4019
Consent to marriage, compelled in
what cases 4021, 4022
Discretionary powers 4018
Equity supervision over 4017
Execution of powers (see Equity),
4011-4023
Remedied in equity 3986
Illusory appointment defined .... 4020
Mistake or accident, relief of 3986
Sale, extent of power of. . . 3171, 4023
Mortgages and deeds, power of
sale in 3003, 3171, 4023
Sales under, how conducted 4023
Powers Coupled with an Interest.
In agent not revocable 3003
Agent may disregard instruc-
tion, when 3004
Agent's right to sue on con-
tract 3037
Sales under 3539, 4023
Practice.
City courts 4299-
County court 4198,
Courts of ordinary 4254-
Money rules
Ordinary in county matters, prac-
tice before 4263-
Rules of practice, how made, 4332,
Rules of practice, in equity. . 5692-
Supreme Court 5559
In injunction cases
Preachers of the Gospel.
Exempt from road duty
Precatory Trusts.
Creation of
■4307
4204
■4262
4776
■4268
4333
■5697
•5592
5558
526
3162
"Preceding" and "Aforesaid."
Definition of
Precincts.
Election, location,
change of
and number,
69
Preferences.
Corporation may assign 2698
Cannot prefer creditors 2698
Directors obtaining, forbidden . . • 1858
Insolvent traders , forbidden to
make 2719
Legal preferences 2697
Persons may assign ana prefer, 2699
Right of debtor to make 2697, 2699
Premises.
Unsafe, owners liable 3824
Preponderance of Evidence.
Defined, and how determined (see
Evidence) 5145, 5146
Prescription 3583-3598
Actual possession, how evidenced, 3585
For twenty years gives title. . . 3588
Adverse possession as foundation
of 3584
Air and light, none for 3046
Color of title, prescription under, 3589
Constructive possession 3586
Extends how far 3586
Rights of adjacent owners .... 3586
Dedication to public use 3591
Definition of prescriptive title . . . 3583
' Disabilities, persons laboring
under, not prescribed against, 3593
Disabilities stop the prescription, 3594
Dismissal of suit, prescription,
how affected 3595
Easement, prescriptive right to..
3046, 3590
Fraud as preventing 3595, 3597
Imprisoned person, prescription
not run against 3593, 3594
Inchoate title by, transf errable . . . 3598
Insane person, prescription not
run against 3593, 3594
Joint owners, part of, with an-
other disabled 3595
Judgment lien on property sold,
when lost 5355
Light and air, none for 3046
Possession, actual, how evidenced, 3585
Minor, prescription not run
against 3593, 3594
Non-suit or dismissal and renewal
within six months 3695
Permissive possession, no grounds
for, when 3584
Personalty, prescription for 3592
Possession extends to what
bounds 3586, 3587
Constructive possession 3586
Twenty years gives title 3588
Under recorded deed 3587
Private right of way, 672, 673, 678, 3065
Processioners must respect title
by 3248
Seven years' possession gives
title, when 3589
Suspended by disability of party. 3594
Taking possession, not allowed,
when 3596, 3598
Title by, definition of 3583
Arises from what possession. . . 3584
Transfer of prescriptive title .... 3598
Unrepresented estates 3595
Presidential Elections and Electors
(see Elections).
Cast vote at capital, when 90
Chosen, when 89
Compensation of 95
Exemption from arrest on election
days 5739
Failure to elect, proceedings in. . . 91
Law as to 80, 89-95
Majority failing to attend pro-
ceedings 92
625
INDEX.
Pr
CIVIL LAW.
Presidential Elections and Electors .
— Continued.
Meeting of electors 90
Messenger to be chosen by 94
Notice of election to be given by
Governor 90
President to be chosen of their
own body 93
Secretary and his compensation. . 95
To be chosen not of their num-
ber 93
Time of choosing 89
Vacancies, how filled 91
President of Senate (see General
Assembly; Senate of Georgia).
Governor acts as, when 231
Oaths administered by 317
Press.
Liberty of, guaranteed 5712
Privileges of 3840
Presumptions (see Evidence).
Appropriation of payment 3722
Attorney, authority of 4423
Bona fide, presumption that holder
of note is so 3696
Carriers, presumptions against. .
2264, 2321
Charter amendment, acceptance
of 1842
Conclusive presumptions 5150
Consideration, when presumed... 3656
Death, presumption of 5154
Delivery of deeds, presumption as
to 3603
Disputable presumptions 5154
Estates tail, presumption of, not
allowed 3085
Evasive answer 5054
Failure to answer letter 5155
Failure to produce evidence 5157
To produce best evidence 5163
Gifts between near relatives 3160
Grant, presumption of 3221, 3222
Husband and wife, presumption of
contracts between 2492
Innkeepers, presumption against, 2938
Innocence, presumption of 5154
Law and fact, presumption of,
defined 5149
Legitimacy of children 2493
Letter, presumption from failing
to answer 5155, 5163
Life, presumption of 5154
Married woman's contracts 2492
Mental condition, presumption of, 5154
Negotiable paper 3696
Payment, order of 3722
Possession of husband and wife,
presumed his 3931
Probate, presumption of, proper. 5221
Purchase of necessaries by wife,
where 2477
40— G a. Code
Quality of goods, presumption
after acceptance 3557
Railroads, presumption against . . 2321
Relatives, presumption of gifts be-
tween 3160, 4936
In case of service 4936
Wife, presumption against gift by, 2491
Primary Elections 113, 115
Ballot box, exhibition of 114
Conducted in what manner 113
Contests, proceedings on
115, 6123, 6124
Oath of managers 113
Regulations governing 113, 115
Returns of managers 115
Tally sheets, and other papers,
return of 115, 6123
Clerk to keep election papers
unopened for sixty days .... 6123
Destruction after that period . . . 115
Penalty for violating law . . 115, 6123
Time and place of holding 115
Principal and Agent (see Agency;
Agent) 2997-3042
Accounts, agents and fiduciaries,
duty to keep 3007
Action by agent exceeding au-
thority 3042
Acts which may be done by
agents 2999
Administrators, accounts, duty to
keep 3007
Instruments signed by one as,
binds him 2998
Admissions of agent, when bind
principal 3034, 5192
Affidavit, agent may make, when, 3035
Agency coupled with an inter-
est 3037 (5)
Agent, instruments signed by one
"as," binds him 2998
Fraud or neglect of agent 3029
Individual liability of 3041
May be party plaintiff, when. .
3037, 3038
Principal bound by acts of,
when 3021
Representations of, bind prin-
cipal 3026
What may be done by 2999, 3539
Who may be 3001
Another agent, injuries by 3030
Appointed agent, who may be . . . 3001
Auctioneer's right to sue in their
own name 3037 (4)
Authority of agent 3035
Authority to receive payments, 3006
Extent of 3023
Limited by 3004
Private instructions or limita-
tions 3023
Benefit of agent's contract, prin-
cipal entitled to 3032
Pr
INDEX.
626
CIVIL LAW.
Principal and Agent — Continued.
Bond, agent may make, when .... 3035
Breach of contract, suit on 3016
Subsequent earnings in mitiga-
tion 3017
Broker's right to commission .... 3015
Commissions earned, when .... 3015
Buy or sell for himself, agent can-
not 3010
Co-agent, injuries by 2610, 3030
Commissions and expenses of
agents 3014
Violating contract, entitled to
none 3014
Concealed agency, defenses of
other party 3032
Concealed principal, rights of
strangers against 3024
Concealments by agents 3026
Contractor and contractee.. 3818, 3819
Contracts with agent in his own
name 3037 (3)
Corporation can create agent,
how 3002
Creating agencies, act of, how exe-
cuted 3002, 3035
Credit given to agent 3025
To whom given 3039
Creditor advancing on pledge of
stock 3003 (2)
Creditors, accounts, duty to keep . 3007
Declarations of agent, when ad-
missible 3034
Delegate authority, agent cannot. 2999
Deposit by agent, principal may
follow 3005
Deposit by agent, bank failing. . 3008
Diligence of agents 3009
Discharge pending term of
agency 3016
Subsequent earnings in mitiga-
tion 3017
Disclose principal, failure to .... 3024
Earnings of discharged agent, in
mitigation 3017
Estoppel, agent not dispute prin-
cipal's title 3012
Exceeding authority, liability for.
3041, 3042
Executors, etc., may convey by
attorney in fact 3000
Instruments signed by one "as,"
binds him 2998
Expenses and commissions of
agents 3014
Violating contract entitled to
none 3014
Factor contracting on his own
credit 3037 (1)
Feme covert cannot be, when 3001
Fiduciaries may act by agent. . . .
2549. 3000, 3428
Form in which agent acts, imma-
terial 3022
Formality in creation of agency. . 3002
Fraud of agent, principal, when
bound 3029
Guardians, attorney in fact, con-
veyances by 3000
Instruments signed by one "as,"
binds him 2998
Husband's liability for necessa-
ries bought by wife . . . 2477, 2478
Illegal payments by agent, re-
coverable back 3033
Illegal purpose, no agency created
for 3018
Imputable negligence 2902
Instructions, agent must obey. . . 3004
Exceptions 3004
Joint principals, agent of 3013
Legal proceedings, instituted by
agent 3035
Liability of agent to co-agent. . . .
2610, 3030
For unauthorized acts 3035
Liability of principal 3021
Limitation on authority of agent, 3004
Married women as agents
2477, 2479, 3001
Master's liability to servant, 2610-2614
Mingling goods 3020
Mistake of agent, money paid by, 3033
Payments by agent, when re-
coverable back 3036
Money deposited by agent, prin-
cipal may follow 3005
Neglect of agent, principal, when
bound 3029
Notes made payable to agent. 3037 (2)
Notice to agent 3027
Not bind principal, when 3028
Overseers (see that title)
3016, 3043, 3044
Partners, agent of 2652
Payment to agent, failing to pro-
duce evidence of debt 3006
Before notice of agent's claim. . 3037
Made to agent by mistake, re-
coverable 3036
Valid, when 3717
Personal profit, agent not to take, 3011
Personal trusts 2999
Pleas, agent may swear to 5059
Possession, agent having, may sue
for interference 3038
Power coupled with an interest. .
3003, 3004, 3037,. 3539
Private instructions or limita-
tions . 3023, 3529
Public agents, liability of 3040
Ratification, effect of 3019
Revocation of, prohibited 3019
Partial, not allowed 3021
Reasonable instructions to agents, 3004
627
INDEX.
Pr
CIVIL LAW.
Principal and Agent — Continued.
Receivers, accounts, duty to keep, 3007
Recovery by principal of prop-
erty illegally transferred . . . 3033
Relation ' arises, how 2997
Relation of principal and agent
among themselves 2997-3020
Representations by agent 3026
Respondeat superior 3818, 3819
Revocation of agency 3003
After ratification, not allowed. . 3019
Agency coupled with an inter-
est 3003 (1)
Appointment of new agent. 3003 (1)
Unreasonable revocation, dam-
ages for 3003 (1)
Right of action, agent has none . . 3037
Exceptions to rule 3037
Rights and liabilities of agents as
to third persons 3035-3042
Rights and liability of principal
as to third persons 3021-3034
Sell, agent to, cannot buy 3010
Several persons appointing one
agent 3013
Special agent, authority must be
looked to 3023
Statute of frauds, agent's con-
tracts under 2693
Suits brought by agent in his
own name 3037, 3038
Title of principal, agent cannot
dispute 3012
Torts by one agent to another. . .
2610, 3030
Trepass of agent 3031
Trustees, accounts, duty to keep. . 3007
Attorney in fact, conveyances
by 3000
Instruments signed by one "as,"
binds him 2998
Under-servant of agent, agent's
liability for acts of 3041
Voluntary agent, liable only for
gross neglect 3009
Wife may be agent, when 3001
As agent of husband 2477, 2479
Witness, agent is competent .... 3034
Words of description 2998
Wrongful transfers by agent .... 3033
Principal and Surety (see Sureties),
2966-2996
Attachments may be sued out
against principal 4525
Change of contract, a novation.. 2971
Construction, rule as to stricti
juris controls 2968
Contract of 2966-2969
What constitutes 2966
Guaranty distinguished 2966
Control of ft. fa. by surety 2986
Creditor and surety, relative
rights of 2970-2978
Deputy's bond 259, 260
Discharge of surety 2975, 2976
Promise by surety in ignorance
of facts 2976
Extending liability, contract not
bind surety 2975
Form of contract immaterial .... 2969
Guaranty, contract of, distin-
guished 2966
Increase of risk 2972
Guaranty and fidelity companies
(see that title) 6620-6629
Judgment against surety 2978
Judgments and execution against,
in J. P.'s court 4158
Nature of obligation 2967
Notice by guarantor, indorser,
etc., to sue 2974
Novation, change of contract is a, 2971
Obligation, nature of 2967
Obligation of surety, not extended, 2975
Official bonds, obligation of 256
Sureties on 246, 248
Process, how sued out 2977
Promise by surety, in ignorance
of facts 2976
Release by creditor, effect of .... 2970
Relief of surety on official bonds.
266, 267
Rights of sureties among them-
selves 2992-2994
Against principal 2979-2991
As to third persons 2995, 2996
Risk of surety, increase of 2972
Set-off of debt due to principal. . . 3747
Stricti juris, controls construction
of contract 2968
Surety's rights against principal,
2979-2991
Tender by surety 2973
Principal Keeper of Penitentiary
(see Penitentiary).
Salary of 284
Printing (see Public Printing;
State Printer).
Priority.
Assignment, priorities by 2697
Debts against decedents 3424
Liens, priority of 2887-2915
Preference, priority by 2697
Sales under levy 5424
Prisoners.
Bonds are not attached to, when.
3593, 3779
Jail fees in bail-trover cases .... 4610
Protection of, by volunteer forces, 1179
Private Knowledge.
Jurors cannot act on 5337
Private Ferries.
Liability of owner 626
Priate Hospitals and Sanitariums.
Authority to establish for inebri-
ates, etc 6500
Pr
INDEX.
628
CIVIL LAW.
Private Hospitals and Sanitariums
— Continued.
Discharge of patients 6502
Inspection by public officers 6503
Treatment of patients 6501
Private Insane Asylums (see
Georgia State Sanitarium) . .
■ 1452-1455
Private Property.
Condemnation of private property
(see that title) 4657-4686
Taking or damaging for public
purposes 1456,
3052, 3056, 4657-4686, 5729, 5798
Private Sales (see Sales, Private) . .
3526-3563
Private Ways.
Agreement, may be established
by 667
Appeal and certiorari 680
Applicant may decline to open the
way 666
Application for, requirements of. . 663
Notice of application, appeal,
etc 664
Apportionment of work between
landowners 670
Arise how 3065
Bluffs, use of, where but one .... 675
Certiorari and appeal 680
Closed, cannot be without notice. 673
Commissioners to view and lay
out 664
Damages, how assessed 665
How obtained 677
Omission to assess 677
Established by agreement 667
Fees of officers 681
Granted upon just compensation
first paid 5729
Grant of, by ordinary 661
Hearing and final decision 664
Landings, special way over 674
If there is but one bluff 675
Use of another landing 676
Landowners may join in obtain-
ing 669
Necessity of, how arises 3065
Notice of report and appeal 664
Notice to landowners affected
by 664
Obstructions, how removed 679
Petition for and contents thereof, 663
Prescriptive right of way 672
Not interfered with 678
Public roads, conversion into .... 682
Recorded and protected 668
Report of Commissioners 664
Road book, shall be entered in . . . 668
Special ways, extent of 674
Width, duty to keep open 662
Wild lands, private ways over . . . 671
Work on, apportionment of 670
Private Property.
Taking private property, proced-
ure (see Condemnation of
Private Property) 4657-4686
Private Writing (see Writings).
Privies (see Parties).
Admissions of 5193
Concluded by judgment 5348
Decrees bind 3936
Lis pendens extends beyond priv-
ies, when 3936
Relief to, in equity 3976
Privileged Communications.
Confidential communications, 5198-5200
Libel and slander 3840
Pleadings, allegations in, privi-
leged 3842
Privilege of Witnesses (see Wit-
nesses).
Privity.
Unnecessary in actions for tort . . 3812
Probable Cause.
Malice inferred from want of .... 3848
Want of, exists, when 3844
In cases of malicious arrest . . . 3856
Probate of Deeds (see Deeds).
Record, probate for, how made..
3623, 3624
Probate of Wills (see Wills).
Admission of executor 3296
Another county, probate in 3280
Common form, probate in 3281
Copy of will, when established . . . 3289
Devisavit vel non, admission of ex-
ecutor 3296
Filed, will must be 3288
Foreign executor cannot act after,
1894, 3306
Foreign wills (see Foreign Wills),
3292-3306
Definition of foreign wills 3298
Devising personalty .... 3291, 3303
Evidence to entitle to probate. . 3300
Executor of 3304
Land devised, what is requisite, 3299
Probate of 3297
Probate in State where testator
resided 3301
Probate in foreign country .... 3302
Resident executor refusing to
probate 3305
Guardians ad litem for minors . • . 3286
Jurisdiction of ordinary 3279
Limitation of seven years 3283
Nonresident named as executor,
when 3293
Notice to heirs 3285
Record shall show persons noti-
fied 3285
Ordinary's jurisdiction 3279
Original will to remain in office . . 3290
629
INDEX.
Pr
CIVIL LAW.
Probate of Wills — Continued.
Persons who may offer will for
probate 3292
Probate in foreign country 3302
Will bequeathing personalty . . . 3303
Renunciation by executor, final. . . 3295
Solemn form, probate in 3282
Time in which executor must
offer will for probate 3294
Vacation, probate in 3284
Witnesses, examination by com-
mission 3287
Process (see Pleading Service), 4973-4995
Administrators, service, where
one out of State 3505
Amendment of process 5109
Appearance and pleading cure de-
fects 4981
Banks, service on 1984
City courts, how directed 4305
Clerk shall annex 4974
How signed and directed 4974
Coroner executes, when 496
Corporations, service on .... 1892-1902
Counties, process against, how
served 340, 342
Death of judge not affect validity, 4982
Delivered too late 4991
Equity cases, process in 4975
Express companies, service on . . . 2005
Failure to elect sheriff or clerk,
suitors may apply to adjoin-
ing county 4990
Foreign building and loan associ-
ations 2396
Formal objections, not invalidate, 4994
Insurance companies, service on. 2146
Minors, service on 4987
Ordinary's court, process in 4254
Pensions exempt from 1268
Petition to be annexed to 4974
Railroads, service on 2334-2338
Service of (see Service), how
made 4985
Administrators, where one out
of State 3505
Banks, service on 1984
Corporations, service on.. 1892-1902
Entry of, traversable 4988
Express companies, service on. 2005
Insurance companies 2146
Publication, service by, when . .
4975-4980
Telegraph companies 2348
Too late, good for next term. . . 4992
Where sheriff is sick or a party, 4886
Sheriff and party, process, to
whom directed 4993
Substitute for subpoena 4974
Service of, substituted 4975
Telegraph companies, service of. . 2348
Waiver of process, amended
when 5109
By appearance and pleading. . . 4981
Processioning 3243-3252
Adverse possession, when to be
respected 3248
Ancient landmarks, valuable evi-
dence 3246
Appeal to superior court 3249
Application for 3244
Ten days' notice to be given. . . 3244
Appointment of processioners . . . 3243
Vacancies, how filled 3243
Corners established but lines not
marked 3246
Cost 3250
Courses and distances, when re-
sorted to 3246
Definition of 3244
Disputed lines, rules governing . . 3246
Evidence, certified plat admis-
sible 3245
Fees 3250
General reputation, when evi -
dence 3247
Marked lines, how far govern . . . 3246
Natural landmarks highest evi-
dence 3246
Notice to be given by proces-
sioners 3244
Plat, county surveyor to furnish. . 3245
Prima facie correct 3245
Protest and appeal to superior
court 3249
Returns of processioners 3251
Streams, land cut off by 3252
Surveyor, duty of 3245
Certified plat to be furnished . . 3245
Plat prima facie correct . .* 3245
Verdict and judgment, how
framed 3249
Watercourse, bounding tract .... 3252
Prochein Ami (see Guardian and
Ward; Next Friend).
Application for homestead by .... 2843
Bonds of, 2528, 5681, 5696
Equity, who may appear in, by
next friend 4843, 5696
Infant may sue by 4947, 49.87
Suits by infant without 4947
Pro Confesso.
Bills in equity, when taken, 5054, 5071
Produce, Agricultural (see Agri-
cultural Products).
Taxation by cities, denial of .... 1608
Production of Books and Papers
(see Notice to Produce), 5248, 5259
Compelled, when and how . . 5248-5259
Injunctions on application for . . 5327
New trial, on application for .... 5327
Notice of, required, when. . . 5243, 5254
Pr
INDEX.
630
CIVIL LAW.
Production of Books and Papers —
Continued.
Compliance with notice, what
sufficient 5678
Registrars may compel 56
Subpoena duces tecum' 5255
Production of Evidence (see Notice
to Produce).
Profits.
Interest in, as creating partner-
ship 2629
Trustees making, belong to bene-
ficiary 3183
Pro Hac Vice Judges (see Judges).
Appointment of 4326-4329
County court 4178, 4179
Court of ordinary 4227
Prohibition — Liquor (see Liquor;
Local Option).
Prohibition — Writ.
Attachments for contempt 4860
Bills of, granted by superior
courts 4321 (2)
Governor, writ not lie to 4872
Office of writ 4885
Return and trial of writ 4885
Special proceedings not affected
by Code 4972
Superior courts, power to issue
writs 5846
Vacation, writ granted in . . 4876, 4885
Promissory Notes (see Bills of Ex-
change; Negotiable Instru-
ments) 3676-3700
Accepted to be paid out of partic-
ular fund 3686
Agent, notes made payable to. 3037 (2)
Attorney's fees in, void, unless
defense filed 3667, 6185
Barred after six years 3767
Effect of credit on note 3789
Blank indorsements, explainable,
how 5209
Bona ft'te holder, how far pro-
tected 3694
Holder presumed to be 3696
Capacity of parties to 3647-3655
Collaterals, rights of holder of . . . 3697
Definition of 3677
Demand, payable on, due immedi-
ately 3700
Good faith of holder, presumption
of 3696
Grace, days of 3679, 3680
Holder, rights of 3694-3700
Holder of, as collaterals 3697
Holidays specified 3692
Implied warranty of transferror. . 3685
Indorsement, not to be proved,
when 3705
Indorser, limit of, implied by .... 3683
Joint and several promises 3677
Kind, note payable in, value re-
coverable 3677, 3678
Limitation of actions on 3767
Lost bonds or notes, indemnity re-
quired 3969
Lost notes, copies established . . . 4744
Lost note may be sued on 4749
Maker and indorser residing in
different counties 5012
Maturity, day of 3679
Negotiable, how 3681
Maker may restrain negotiabil-
ity 3681
What notes are 3682
Overdue, holder takes subject to
what defenses 3695
Several notes, one past due,
notice when 3695
Pawnee of notes, right of 2957
Payable on demand, when due . . . 3700
To agent of corporation 3707
Payment on, effectual, when .... 3720
Payment in specifics 3677, 3678
Presumption of good faith 3696
Protest and notice to indorser . . 3688
Protest not required, when .... 3688
Secured note, transfer of, carries
security 3684
Notes secured by mortgage,
part transferred 3684
Set-off against 3750
Specifics, agreements to pay in. . .
3677, 3678
Note payable in kind, value re-
coverable 3677
Rights of holder 3677, 3678
Title of holder not inquired into,
when 3698
Transfer of secured note carries
security 3684
Value recoverable of note payable
in kind 3677
Venue of suits against makers
and indorsers 5873
In justice's court cases 4078
Warranty of transferror, implied. 3685
"Proper Authority."
Definition of 279
Property 3045-3079
Cities; purchase of, by 733-736
Condemnation of Drivate property
(see that title) 4657-4686
Corporations, powers as to 1852
Counties, purchase of, by 915
Definition of 5
Destruction of, for public good. . .
1456, 3056
Exempt from levy and sale, what
is 2866
Exemption, mode of obtaining . . .
2867-2875
Interference with enjoyment of,
gives action 3784
631
INDEX.
Pr-Pu
CIVIL LAW.
Property — Continued.
Personalty, law governing (see
Personalty) 3070-3077
Protection of, constitutional guar-
antee as to 5699
Real and personal included in . . . 5
Realty, law governing (see
Realty) 3045-3067
Taken only by process of law .... 5700
State interested in (see Public
Property) 1015
Lands reserved to 1018
Stocks owned by 1014, 1019
Tax, exempt from sale for, what
is 762
Tax ft. fas. against 908
Taxable property 767
Taxation, what exempt from .... 762
Wild animals, property in, how ac-
quired 3073
Property Exempt from Sale.
Choses in action, promissory
notes are 5353
Debt, property exempt from,
specified 2866
Future interest in personalty, is, 5452
Land exempt, how laid off 2866
Objections to survey, how tried, 2869
Insolvent estates, exemption,
when allowed 2875
Mode of obtaining exemption. 2867-2875
Tax exemption 762
Town property, how exempted . . 2870
Sold subject to exemption,
when 2871
Property, Public (see Public Prop-
erty).
Protection.
Duty of government as to 5699
Protection of Game (see Game;
Birds and Animals) .... 6647-6649
Protest (see Indorsers; Promissory
Notes).
Fees of notary 6630
Schedule fees, full compensa-
tion 6630
Grace not allowed on sight drafts, 3680
Holidays as effecting 3679, 3693
Indorser, protest, when necessary
to bind 3688
Payment under protest a volun-
tary payment 3723
Proved in what manner 5235
Public holidays 3692
Sundays provided for 3693
Provisions.
Sale of unwholesome, action for. . 3864
Proximate Damages (see Damages).
Law as to 3798, 3799, 3912-3914
Public.
Illegal acts of agents not estop, 268
Public Agents.
Bonds of, book containing copy
of 141
Governor may employ, when.... 136
Illegal acts not estop public 268
Personally liable, are not, when, 3040
Public Arms and Arsenals (see
Arms and Arsenals) .... 1150-1162
Public Books.
Inspection of 14
Public Bridges, Etc.
What are
599
-1017
25
346
Public Buildings 1014
Cession to United States of land
for
Contractor's bond
Furniture and contents owned by
State 1016
Injuries to 358
Inspection by grand jury 359
Keeper of, appointed, how 134
Owned by the State 1014
Partly owned by the State 1015
Penalty for injuring 358
Sheriff, duty of, to keep, etc 354
Public Corporations (see Counties
and County Matters; Munici-
pal Corporations).
Public Crossings (see Railroads).
Detained at, persons not to be. . . 624
Public Debt 996-1013
Appropriation for bonded debt. . . 1008
Surplus, how applied 1009
Authentication of bonds and certi-
ficates 996
Bonds, amounts of, and how pay-
able 997
Bonds, authentication of 996
Denomination of 997
Lost, how supplied 1003
New bonds, how obtained, 1004-1006
Paid bonds, how kept 1007
Redeemed before due, how re-
ported 1010
Redemption before maturity. . 1010
Re-issue after payment forbid-
den 1002
Book of registration 200, 201, 1012
Book showing statement of
141, 199 (4, 13)
Cancelled bonds 201
Certificates, authentication of . . . . 996
Comptroller's annual report. . 209 (5)
Coupons, how signed and paid... 998
Unsigned, when not to be paid, 999
Coupons, where payable 1000
Lost bonds and coupons 1003
" New bonds, how obtained 1004
Bond and surety to be given. . 1005
Paid bonds and coupons, how dis-
posed of 1007
Pu.
KDEX
632
CIVIL LAW.
Public Debt — Continued.
Payable out of State, exchange of
bonds 1001
Payment, place of 1000
Redemption of bonds before due. . 1010
Registered bonds, how trans-
ferred 1013
Registration of State bonds .... 1011
Books of registration. . 200, 211, 1012
Statement of. to be kept in execu-
tive office 141 (3)
Stolen bonds, new bonds in lieu
of 1006
Surplus funds, Governor may ap-
ply to 1009
Public Documents.
Proof ot law governing. . . . 5210, 5236
Public Defense (see Military Af-
fairs) 1094-1270
Public Education [see Education:
Schools, Public).
Law concerning 1338-1408
Public Funds.
Eonds of agents disbursing. . 141
Holder of. ineligible to office. ... 574
Road money, how expended .... 6092
Public Good.
Destroying property for 3056
Damages, how paid 3056
Public Improvements.
Restrictions on legislature as to. 5890
Public Laws.
Insurance of 349
Public Interest.
Matters of. how proved 5183
Public Libraries.
Tax exemption 762
Public Money.
Holders of, how proceeded
against 413
Execution against holders .... 416
Illegality, how set up and tried, 415
Holders of. unaccounted for. ineli-
gible to office 223 (2)
How proceeded against 413
Proceedings against borrowers of, 416
Public Nuisances.
Abated on whose application.... 4766
Public Officers isee Officers).
Annual inventory of public prop-
erty 275
City not liable for acts of 744
Deliver books to successor, dutv
to 269
Elections by General Assembly. . 329
Inventory annually to be made..
275.. 280
Law as to 223
Limitation on powers of 268
Order to deliver office and con-
tents 271
Persons failing to comply with
order, how punished 272
Pay of. where salary not fixed. . . . 283
Power of, limited _ i
Proceedings on refusal to deliver
office and contents 271
•"Proper authority" defined 279
Religious opinions, not disbar. . . . 5710
Retiring officer must deliver
books to successor 273
Penalty for failure to deliver.. 274
Rule, liability to 280
Successor's receipt and record of
same 276
Duty of successor 276
Unserviceable property, sale of. . 278
Public Policy (see Policy of the
Law) .
Admissions and communications
excluded from 5198
Contracts void as being against. .
9, 3668
Public Printing 1070-1076
Advertisement for bids .... 1072, 1073
Commissioners of 1071
Contracts forfeited, wnen 107 4
Contractors and sureties, how
bound 1075
Duties of public printer 1076
Pay of 1076
General Assembly to make provi-
sion for 5905
Members not to be interested. . 5908
Georgia reports, publication of. .
1077-1093
Reprint of 6242
Let to lowest bidder 1070
Re-let in case of forfeiture 1074
Public Property 1014-1093
Annual list of 275-280
Belonging to the State 1014-1020
Cities, property of. is public prop-
erty 750
Governor's duty as to, 122. 126. 127, 129
Duty to supervice 123
Lands reserved to the State 1018
Property purchased by State,
Governor authorized to buy
in certain cases 127
Removal of liens on 130
Rent or sale by Governor .... 129
Report of purchase by Gov-
ernor 127-131
Sale or rent by State 129
Titles, how made 128
Protection. Governor's duty 123
Purchase at tax sale 915
Purchase of property by Gov-
ernor 127-131
Special charge of court as to. . . . 360
633
INDEX.
Pu
CIVIL LAW.
Public Property — Continued.
Stocks, library, etc., owned by
State 1016-1019
Tax, not .subject to 762, 767, 5884
Public Records.
Inspection by grand jury 356-360
Lost, how established 5223-5230
Secretary of State, duty to keep . . 181
Public Revenue 762-995
Taxation, revenue derived from.. 767
From other sources than taxes
979-981
Public Roads (see Roads and
Bridges).
Commissioners of (see County
Commissioners) 584-598
"Public Roads" defined 509
Public Road Register.
Law as to 516-519
Public Sale (see Sales, Public), 5455-5467
Public Schools (see Education;
Schools, Public).
Public Use.
Compensation for property, taken
for 5729, 6018
Corporate franchise subject to... 5798
Destruction of property for, 1456, 3056
Exercised in what manner
3054, 4657-4686
Just compensation to be first paid, 3055
Property, how taken for.... 4657-4686
Right of, when exercised 3053
Public Warehouses (see Bonded
Public Warehouses).
Public Work.
Bids for, not prevented or with-
drawn 6105
Competition for 6104
Contracts for, law regulating, 343-346
County contracts for 344
Oath of contractor 6106
Penalty for false swearing .... 6108
Penalty for violating law 6107
Publication.
Advertisements, publication of . . •
5457-5462
Foreclosure of mortgage on
realty 2743
Homestead application, notice of
2831, 2832
Limited partnership, terms of . . . . 2670
Evidence of publication 2671
Service by, perfected in what
manner (see Service) 4978
In divorce* cases, when 2432
When such service authorized. . 4976
Section 4976 is supplemental, 4977
Service of corporations by, 1899-1902
Publication of Georgia Reports....
1077, 1093, 6242
Accounts, examination of, by re-
porter 1084
Contractor to swear to 1086
Advances to contractors forbid-
den 1091
Arguments of counsel, not to be
printed 1092
Bond of contractors 1081
Contracts for, reporter to make. . 1080
Forfeiture of contract 1087
Contractors to give bond 1081
Copyright of reports 1089
Defective work re-executed 1085
Delay in printing, penalty for. . . . 1083
Eloctrotyping of reports . . 1090, 6242
Estimate of reporter 1078
Failure to publish, penalty on re-
porter 1093
Forfeiture of contract and re-
award 1087
Manner of publishing 1077
Penalty for delay in printing. . . . 1083
Printed, how 1082
Penalty for delay in printing. . 1083
Reprint of 6242
Style of printing 1079
Uniform, reports to be 1088
Punishment (see Penal Code) . . 712-716
Cruel and unusual prohibited.... 5706
Whipping, as punishment for
crime, prohibited 5704
Purchase Money.
Attachments for (see Attach-
ments for Purchase Money) . .
4538-4542
Dower inferior to claim for 4688
Due, when 3550
Foreclosure of, debts for. . . .- 5432-5434
Homestead, sale of, for 2850, 5912
Inadequacy of price, as affecting
sale 3549
Priority of liens of judgments for,
confirmed 2788
Recitals in deed of, not estop. . . . 3608
Sale of land, where not held un-
der, titles made 2788, 5433
Year's support, inferior to claim
for 3472
Purchaser (see Innocent Pur-
chaser).
Attack judgments, purchaser's
right to 5371
Equity will not disturb 3934, 3976
Execution sale, purchaser at, ob-
tains possession, how 5469
Fraudulent conveyances 2695
Fraudulent title of, when pro-
tected 3540
Gifts void as to, when 3569
Innocent, always protected (see
Innocent Purchaser) 3540
Intention not to pay, buying with, 3531
Pu-Ra
INDEX.
634
CIVIL LAW.
Purchasei — Continued.
Judgment, attack on, by pur-
chaser 5371
Judicial sales, purchasers at .... 5454
Marriage settlement, as affecting
rights of 2480-2482, 2487
Negotiable paper, purchaser gets
title, when 3538
Judgment of, when property sub-
ject to 5355, 5356
Rescission of sale 3713
Sales, judicial purchaser at 5454
Sales to defraud, void, when.... 3529
Sheriff's sales, liability of pur-
chaser at 5466
Suits against, how brought 5467
Trustees protected from 3179
Notice, purchaser with, from one
without 3938
Purchaser without notice, from
one with 3938
Pay for papers, purchaser to .... 3528
Possession, when placed in, by
officer 5468
Voluntary deeds, protection
against 3530
Quail.
Protection of 6647
Quality.
Presumption as to, after accept-
ance of goods sold 3557
Quando Acciderint.
Judgment against administrator. . 3508
Quantum Meruit.
Implied obligations to pay 4939
Quarantine and Health (see Health;
Hospitals) 1456-1476
Account of 1474
Certificate as to performance of
quarantine 1470
Concealment of smallpox, indict-
able 1468
Contagion, Governor may arrest. . 1466
Counties may tax for 5892
Escaping quarantine, persons how
dealt with 1461
Fees of health officers, how paid, 1471
Fines and forfeitures, how dis-
posed of 1469
Inland travelers to perform 1463
Master of vessel must deliver bill
of health, etc 1462
Ordinaries may establish 1473
May establish hospitals 1472
Performance of quarantine, how
certified 1470
Pilots, duty of, before boarding
vessel 1464
Prescribed and regulated, how.. 1458
Quarantined towns 1459
Rules for, made by ordinaries, 4238 (8)
Smallpox, regulations concerning, 1473
Towns may establish 1459
Vaccine matter, distribution of. . 1475
Vessels may be removed to quar-
antine ground 1460
Persons on board of, shall ob-
serve 1465
Violators of, may be indicted.... 1467
Questions of Law and Fact.
Construction by the court 3672
Jury, judges of, in criminal cases, 5723
Motions to be insisted on at once
5675, 5676
Open and conclude, right to 5676
Verdict directed, when 5331
Quia Timet.
Bills of, granted by superior
courts 4321 (2)
Proceedings sustained for what
purpose 4892
Removing cloud on title 4893
Quiet Enjoyment.
Covenants for 3612, 3614
Qui Tarn Actions (see Penal Ac-
tions).
Gaming, recovery back of money
lost 3671
Informers, suits by 3776
Penal actions defined and parties
provided 4933
Quo Warranto.
Continuances 4880
Governor, proceedings of §§ 4881,
4882 not apply to 4883
Writ not lie to 4877
Issue of writ for what purpose. . 4878
Issues of fact, how tried 4880
Granted at suit of what person, 4878
Judgments shall dispose of books
and papers 4884
Judgment in, how enforced.... 4884
Lies to what officers 4877
Proceedings in cases of 4881
Law of, §§ 4880, 4881, extended
to other cases 4882
Special proceedings not affected
by Code 4972
Superior courts, writs granted by
4321 (1)
Vacation, writ granted in 4876
Writ heard in, when 4879
Race.
Voters' book to note 44
Race Tracks.
Proprietors of, not taxed 6051
Affidavits to obtain exemption, 6152
Railroad Commissions 2185-2218
Appointment, term, and salary.. 2185
Attorney-general, reresentation of
commission by 2205
Charges, regulation of 2218
Clerk, salary of 2186
635
INDEX.
Ra
CIVIL LAW.
Railroad Commissions — Continued.
Connect switches, right to, how
enforced 2213, 2214
Connecting lines, discriminations
illegal 2214, 2216
Joint rates for 2189
Roads required to deliver
freights to 2212
Violation a conversion 2212
Contracts between railroads,
power of commissioners over, 2193
Deliver freights to connecting
lines, duty 2212
Violation a conversion 2212
Demurrage charges 2208
Penalty for violating provisions
as to 2209
Discrimination as to storage
charges forbidden 2208
Discriminations against other
lines, illegal 2214
Exceptions as to shipments
from beyond State 2216
Unjust forbidden 2188, 2189
■ Duplicate freight receipts 2200
Penalty for failing to issue 2200
Duties of commissioners 2189
Exceptions and limitations 2216
Expenses of, restricted 2186
Express companies, under com-
missioners control 2217
Regulation of charges 2217
Extortion by railroads forbidden, 2187
Evidence, rules of 2198
Fines to be paid into State Treas-
. ury 2198
Freight, delivery of, to connecting
lines 2212
Freight receipts, duplicates of. . 2200
Penalty for failing to issue .... 2200
Improper charges to be reported
to railroad officials 2203
If not changed, further report
to Interstate Commission.... 2204
Injuries resulting from violation
of rules 2197
Inspection of roads by, required. .
2194, 2195
Interested in railroad, commis-
sioners not to be 2185
Interstate commerce, may pro-
ceed before 2205
Attorney-general to represent
commission 2205
Join tracks, railroads may ...... 2213
Jurisdiction and power of commis-
sioners 2192
Contracts between railroads... 2193
Meaning of terms 2199
Oath of 2185
Obey orders, penalty for refusing
to 2195
Office, location of, in Atlanta.... 2186
Office to be furnished to 2186
Overcharge and demurrage .... 2208
Penalty for violating provisions
as to 2209
Penalty for failing to issue dupli-
cate freight receipts 2200
For failing to report to commis-
sioners 2211
For refusing to obey orders of, 2195
For violation of rules 2196
Powers and jurisdiction of com-
sioners 2192
Contracts between railroads. . 2193
Publication of rates by 2190, 2191
"Railroad company," means what, 2199
"Railroad corporation," means
what 2199
Rates, duty of, to fix 2189, 2190
Publication of 2190, 2191
Remedies cumulative 2185
Remedy for excessive storage
charges 2209
Reports of commissioners 2201
Report to commissioners, railroad
officials shall 2211
Rules of evidence 2198
Salary of commissioners 2185
Schedule of rates made by, 2190, 2191
Prima facie evidence, when....
2190, 2191
Revision and change of rates . .
2190, 2191
Secretary, and his compensation, 2186
Semi-annual reports of 2201
Storage charges, schedule of, to
be fixed 2206
General law applicable ......... 2207
Greater storage not to be
charged 2208
Penalty for violation 2209
Suspended, how 2185
Switches, right to connect, how
enforced 2213, 2214
Telegraph companies, under com-
missioners control 2217
Regulation of charges 2217
Term and salary 2185
Testimony compelled by 6431
Exemption of witnesses from
prosecution 6431
Through rates to be investigated, 2202
Unjust discrimination forbidden, 2188
Commissioners to make rules to
to prevent 2189
Unsafe or dangerous road, com-
missioners' duty 2194
Vacancies, and how filled 2185
Violations of regulations, liability
of railroad for 2196
Injuries resulting from viola-
tions of rules 2197
Ra
INDEX.
636
CIVIL LAW.
Railroad Commissions — Continued.
Witnesses, power over and how
executed 2210
Exempt from prosecution .... 6431
Testimony compulsory in suits
or prosecutions in State
courts 6432
Railroads 2159-2338
Accommodation, equal to all, 22B8-2274
Acquisition of property 2167 (3)
Actions for injuries, where -i^H*
brought 22&G
Amendment of charter
1836-1845, 2171, 2178
Appeal of stock killed or injured, 2258
Baggage, lien on, for freight and
fare 2289
Limit as to value 2288
Responsibility for 2280
Checks for baggage 2281
Bell, requirements as to ringing. . 2224
Blowposts at crossings 2222-2226
Failure to erect, a crime 2223
Failure to blow whistle 2224
Blow whistle, liability for failing
to 2224
Bonds, right to issue.. 2165, 2167 (10)
Bonded only by special vote.... 2165
Books, custody of 2175
Transcripts from 2175
Open to inspection to what per-
sons 2175
Books of subscription, open when
2162, 2164
Borrowing money 2167 (10)
Branch roads and extensions....
2169, 5799
Right to take stock in 5799
Right to construct 2169
Bridges, cannot appropriate,
when 2233
Buildings, etc., right to erect, 2167 (8)
Bulletins of delayed trains to be
posted 2235
Penalty for failing 2236
Burden of proof in injury at cross-
ings 2225
Capital stock and organization . .
2163-2165
Increase of 2162-2165
Cars to be provided for white and
colored 2270-2274
Not apply to nurses 2274
Division into compartments. . . . 2272
Cattle-guards and farm crossings
2243-2246
Certificate of incorporation, form
of 2161, 2162
Change of general direction and
route 2171
Of name or place of business. . 1844
Charter, building must commence
promptly 2166
Amendment of, 1836-1845, 2171, 2178
Duration of 2160, 2166, 2178
Existing charters, amendment
of 1836-184b, 2171, 2178
How renewed 1836
Incorporation by Comptroller-
general 2159
Petition for 2160
Amendment of charter
1836-1845, 2171, 2178
Publication of 2160
Subject to constitution.. 2161, 5799
Checks for baggage 2281
City taxation of 725-728
Co-employee, injury by 2323
Commissioners (see Railroad
Commissioners) 2185-2218
Railroads, how far in power of
2185-2216
Common carriers, railroads are..
2167 (7), 2263-2297
Definition of 2263, 2264
Presumption in cases of loss.. 2264
Compartment cars 2272
Competing roads, acquisition of,
forbidden 2173, 5800
Competition, contracts defeating,
forbidden 2173, 2179, 5800
Comptroller-general, incorpora-
tion by 2159
Concurring negligence, must show
none, when 2265
Condemnation of right of way. . . .
2170, 4657-4685
Railroads subject to 5798
Conditional sale of rolling stock. .
2326, 2328
Connect, merge, or consolidate,
etc., contract to 2173
Connect tracks and switches,
right to 2167 (7), 2213, 2215
Connecting, joining, and crossing
other roads 2167 (6)
Connecting lines, delivery of
freight to 2212, 2298-2319
Discriminations illegal... 2214, 2216
Joint rates for 2189
Receive freights tendered in
cars, duty to 2212, 2302
Receiving in "good order"...*. 2298
Responsible only to its own ter-
minus 2298, 2317
Tickets to, railroads must sell, 2299
Penalty for refusing 2301
Consent of city or county to cross
streets or roads 2167 (5)
Consent or negligence, as affect-
ing recovery 2322, 3893
Consolidation with other roads. .
2173, 2177
Sale or lease to other roads. . . . 2179
Constitution, charters held sub-
ject to 1880, 1881, 2161, 5799
637
INDEX.
Ra
CIVIL LAW.
Rai I roads — Continued.
Construction on, not to begin un-
til all stock subscribed 2164
Fifteen miles to be built in two
years or powers determined. . 2166
Contracts between 2193
To connect, merge, or consoli-
date, etc 2173
Contracts for sale of, to be in writ-
ing 2693
Contracts to merge, consolidate,
purchase, lease, etc 2173-2179
Contributory negligence 2322
Corporate authority, injuries by
railroads, outside of 2277
Corporate powers and privileges
of 2166-2179
Granted by Secretary of State. 2159
How granted 5780
County taxation of 784-789
Cross each other, railroads may,
terms, etc 2219-2234, 6164
Liabilities and penalties of
roads under section 2 of this
act 6164
repealed 6166
Private roads to minerals, tim-
ber, etc., embraced 6164
Cross or join other railroads. . 2167 (6)
Crossing of highways
2172, 2219-2221, 2233
Blow posts to be erected 2222
Duty to keep in good order 2220
Execution for costs of putting
crossings in order 2229
Defense of road 2231
Money raised, how disposed
of 2230
Extent of , 2221
Failure to blow whistle 2224
Grade, right to cross at
2167 (6), 2219, 2221, 2227
Injuries occurring at, onus on
road 2225
Plank roads, etc., subject to
same law 2232
Right to take land 2172
Stop at, duty to 2234
Trains must stop where another
railroad crosses 2234
Crossing of streams 2167 (5)
Crossing of streets and highways.
2167 (5), 2227
Custody of books 2175
Damages by running of cars, etc. 2321
For right of way, assessment
of 2170, 4657-4685, 5798
Debt and stock, increase of (see
Stock, below) 2165, 2167 (10)
Deceased employees, wages of,
payable to widows 6657
Decreasing or lessening competi-
tion, contracts for, illegal
2173, 2179, 5800
Deeds of trust convey what. . 2167 (10)
Delay, damages for 2282, 2319
Responsibility for 2282
Delayed trains, must post bulletin 2235
Penalty for failing 2236
Delinquent stock and stockholders 2164
Diligence in case of passengers. . . 2266
Diligence of, as common carriers.
2263, 2264
Directors election 2163
Majority to be residents 2163
Number required by law 2163
Stockholders, directors shall be, 2163
Discriminations forbidden
2188, 2199, 2214, 2268-2274
Unjust, prohibited 2299, 2307
Duplicate freight receipts 2200
Duration of charters.. 2160, 2166, 2178
Duties of receivers of 2333
Election of officers 2163
Employee injured by co-employee, 2323
Employees, liability to 2297
Liens for wages 2329
Receiver's liability to 2324
Suits, how and where brought. . 2325
Wages of, receivers or trustees
to pay 2330
Engineer's duty to stop at cross-
ing 2234
Equal accommodations to all....
2268-2275, 2299-2307
Estimate as to length 2160
Estoppel on carrier 2286
Examinations and surveys . . . 2167 (1)
Excess of freight, recovery of . . . . 2316
Exemption from taxation, pur-
chaser not acquire, 2167 (11), 2178
Existing charters, amendment of.
1836-1845, 2171, 2178
Explosives to be marked 2291
Penalty for transporting con-
trary to law 2292
Express contract limiting liability, 2276
Extensions and branch roads .... 2169
Extortion by, forbidden 2187
Extracts from books, furnished to
whom 2175
Extraterritorial rights of... 2173, 2177
Failure of duty as to highways. . . 571
False billing 2208, 2308
Farm crossings and cattle guards,
2243-2246
Ferries, railroads cannot appro-
priate, when 2233
Foreign States, operated in.. 2173, 2177
Forfeiture of charter, unless road
built within two years 2166
Forfeitures, suits to collect 2242
Form of certificate of necessity to
kill stock 2161
Ea
INDEX.
638
CIVIL LAW.
Rail roads — Continued.
Of freight receipt to be given
by 2293
Of notice to railroad, by owner
of live stock 2254
Of tax returns of railroad 812
Franchise, exercise of, in other
States 2177
Fraud on carrier 2290
Freight, delivery to connecting
lines 2298-2319
Liability of carrier 2279
Lien on 2287, 2303-2306
Lists and bills for, how made
out 2293
Live stock, etc., how sold 2304
Carrier may deposit proceeds, 2305
Carrier relieved, when 2306
Overcharges 2316
Rebates forbidden 5801
Receipt, form of, and penalty
for not giving 2293
Receive, duty of carrier to. . . .
; 2278, 2313
Stoppage in transitu, right of . . .
2284, 2285, 3552, 3553
Trace, penalty for failing to 2318
Undelivered freight, carrier's
right to sell 2303
Full stop at crossings 2234
Grade crossings
2167 (6), 2219-2221, 2227
Gun powder must be marked 2291
Penalty for transporting con-
trary to law 2292
Homicide, suits for 3828
Hours of service for trainmen
limited 2240-2242
Improper charges 2203
Incorporation and powers (see
tract of lease recorded. 6429, 6430
Charters, above) 2159-2184
By Comptroller-general 2159
By Secretary of State 2159
Certificate, evidence of 2162
Method of incorporation . . 2159-2162
Petition for, to contain what. . . 2160
Powers under 2159, 2184
Purchasers of, incorporation of, 2168
Secretary of State to see that
prerequisites are complied
with 2162
Increase of capital stock.... 2162-2165
Debt and stock, how increased. 2165
Initial road to give information. . . 2317
Injuries to person and property. . .
2320-2325
Injuries by, outside their corpo-
rate authority 2277
Injuries to stock (see Live Stock,
below) 2247-2262
Join tracks, right to 2213, 2215
Judicial sale of 2167 (11)
Rights of purchasers 2167 (12)
Jury duty, railway postal clerks,
exempt 6214
Killing stock, lien of owner. . 2787 (13)
Lease of other roads 2173, 2179
Leases of railroads to be re-
corded 6429, 6430
Penalty for failure or refusal . . 6430
Leasing railroads, to have con-
tract of lease recorded. . 6429, 6430
President's address unknown,
procedure 2338
Service on 2337
Lessee and lessor roads, liability
of 1863-1865
Lessee, how served with process.
2335, 2336
Where sued 2335
Lessee's liability to suit 2335
Lessor roads, how sued 2337, 2338
Levy, advertisement and sale ... 2257
Liability of railroads 2320
Express contract, effect of 2276
For damages to live stock 2252
For delay 2319, 2282
For injuries by trains 2321
For injuries by employees, 2297, 2323
Not limited by notice 2276
To connecting roads 2298, 2301
Track overseers insolvent 2251
Liability to stockholders 2165
Liens against 2329-2333
In favor of employees of
2329, 2330, 2787 (13)
Receivership or other seizure
not defeat 2332
Supplies and live stock 2331
Supplies furnished to
2331, 2332, 2787 (13)
Wages of employees 2329
Lien of 2287. 2303-2306
On baggage 2289
On goods carried 2287
Limit as to value of baggage .... 2288
Limited hours for the service of
trainmen 2240
Penalty for failure 2241
Suits to collect forfeitures 2242
•List of marks and brands of stock
killed, keeping and posting
of 2248, 2249
Live stock 2247-2267
Damage to, liability of road .... 2252
Duty to receive 2313-2315
Contracts in violation, void . . 2314
Form of certificate of necessity
to kill 2161
Form of notice by owner 2254
Injuries to 2247-2262
List of brands of stock killed,
keeping and posting of. 2248, 2249
639
INDEX.
Ra
CIVIL LAW.
Railroads — Continued.
Notice of claims for killing or
damaging, sections 2253-2260
Overseer, or track menders lia-
bility 2250, 6165
Liability of company 2251
Owner may kill live stock ren-
dered useless 2261
Partner or joint owner, suits by, 2260
Penalty for refusing to receive, 2315
Proceeds of sale of 2258
Railroad may kill live stock ren-
dered useless 2262
Record of stock injured, to be
kept 2247
Report of overseer or track
menders 2248
Where posted 2249
Trial, judgment and execution
for killing 2255
Undelivered, how sold 2304, 2305
Location and terminal approach.. 2176
Location of principal office 2160
Longitudinal use of streets.. 2167 (5)
Lumber cars, weighed three to-
gether 2311
Meeting for organization 2163
Notice of postponement 2163
Method of incorporation 2159-2162
Mortgages, execution and record
of 2167 (10)
Name of company 2160
Name of existing company not
to be selected 2160
Nature and value of goods to be
disclosed 2290
Negligence or consent, as affect-
ing recovery 2322
Notice limiting liability 2276
Of meeting of x^oard oi Direc-
tors 2163
To delinquent stockholders.... 2164
Publication of notice 2165
Notice to, of stock killed or in-
jured 2253
Form of notice 2254
Trial judgment and execution.. 2255
Repairs to crossing, notice, how
given 2227
Northeastern Railroad, sale of, by
State (see Northeastern Rail-
road) 6438-6442
Obstructions to be removed, or
repairs made by roads. . . 2227-2232
Officers, election of 2163
Operation of railroads 2219-2242
Organization and capital stock . . .
2163-2165
Other roads, lease or purchase of, 2173
Terminal facilities, use of
1865, 2167 (6)
Overcharges on freight 2308
Extortion by railroads, forbid-
den 2187
Penalty for violation of rules . . 2196
Prompt settlement for, required, 2316
Overseers and track menders,
when liable for injuries to
live stock 2250, 6165
Passenger station at Atlanta (see
that title) 6433-6437
Passengers, assigned to their car, 2270
Compartment cars 2272
Diligence of carriers 2266
Duty to receive 2278
Equal accommodations to all. . . 2268
Liability of carriers of
2266, 2276, 2320, 2321
Nurses allowed in cars for
whites 2274
Refused, may be, when 2296
Remaining in car after being as-
signed to another, penalty. . 2271
Seats, lights, etc., duty to furn-
ish 2275
Separate cars for white and
colored 2269
Tariffs, regulation of, 2185-2216, 5797
White and colored, different
cars for 2273 *
Equal accommodations for . . 2269
Who are 2267 .
Payment of taxes, how resisted. . 782
Penalty for failing to obey law as
to weighing 2312
Petition for incorporation to con-
tain what 2160
Publication of 2160
Personalty, railroad stock is .... 2165
Plank roads, crossings of ....... 2232
Postponed meetings, notice of . . . 2163
Powers, general, as common car-
riers 2167 (7)
Of existing roads 2178
Under general charter 2167
Under incorporation 2166-2179
Preferred stock, authority to is-
sue 2160
Preliminary survey 2167 (1)
President, appointment of 2163
How elected 2163
Presumption against 2321
In case of loss 2264
Principal office, where located... 2160
Private roads, railroads crossing. 2232
Privileges granted to railroads al-
ready incorporated 2178
Privileges of purchasers
2167 (11, 12), 2168
Proxy, voting of stock by 2163
Public highways, cannot appropri-
ate, when 2233
Interference with, suit against. 571
Ea
INDEX.
64:0
CIVIL LAW.
Railroads — Continued.
Publication of notice to create
debt 2165
Purchase of stock in other roads,
illegal 5799, 5800
Of rolling stock 2326-2328
Purchasers of, how incorporated. 2168
Eminent domain, purchasers
subject to 5798
Incorporated in what manner. . 2168
Of other roads 2173
Right of purchaser
2167 (10-12), 2168
Taxation, purchaser not exempt
from 2167 (11)
Quorum 2163
Railroad commission (see title
Railroad Commissioners) .2185-2218
Rates of freight 2189, 2190
Publication of rates 2191
Power of General Assembly to
regulate 5797
Unreasonable rates prohibited, 5797
Rebates forbidden 5801
Realty, authority to buy for its
use 2167 (3)
Rebates prohibited 5801
Receipts by, form, and penalty for
not giving 2293
Receivers, duties of 2333
Liability to employees . . 2324, 6167
Suits, how and where brought, 2325
Reception of goods and passen-
gers, duty as to 2278
Regulation of freight and passen-
ger 2167 (9)
Reorganization of purchasers ....
2167 (12), 2168
.Repairs needed, notice, how
given 2227
Report to railroad commission. . 2211
Responsibility begins and ends,
when 2279
Restrictions as to parallel roads, 2176
Return of taxes to comptroller. .
780/ 785, 805
Rights, etc., acquired by purchas-
ers 2167 (11, 12), 2168
Acquired in what manner. ......
2167 (2, 4), 2223, 4657
Condemnation of 2170, 4657
Width of 2167 (4)
Right of way disputed 2170
Road duty, by whom sued for . . 571
Exemption of hands on 556
Roads, bridges, etc., cannot be ap-
propriated by 2233
Rolling stock 2326-2328
Conditional sale, contract for. . 2326
Lease of, contracts for 2327
Validity and record of con-
tracts 2328
Route 2160, 2167 (1)
Change of road 2171
Ten mile restriction 2176
Running freight trains on Sun-
day 6428, 6749
Running of cars, etc., damages by, 2321
Sale or consolidation with other
companies 2179
Judicial rights of purchasers . .
2167 (11)
Private sale, consolidation, etc., 2179
Sale to other roads, authority to
make 2173
Schedule of delayed trains to be
posted 2235
Seats, lights, etc., duty to furnish, 2275
Secretary of State, incorporation
by 2159
Selection of route 2167 (1)
Service of train men, hours for,
limited 2240-2242
Service on railroads 2334-2338
On leasing railroads 2337
Presidents address unknown,
procedure 2338
On leasee road 2336
Shares, one hundred dollars each, 2162
Sleeping car companies (see that
title) 6443, 6444
State, authority beyond bounda-
ries of 2173, 2177
Steamboats, right to own and op-
erate 2174
Stock, live stock (see above).
Stock, shares, delinquent stock,
how forfeited 2164
Delinquent stockholders, notice
to 2164
Forfeited for nonpayment .... 2164
Increased in what manner. . . .
2162-2165, 2178
Levy on 5430
Sold, how 5431
Paid in what manner 2164
Personalty, stock is 2165
Preferred stock, authority to is-
sue 2160
Subscription of, required before
beginning to build 2164
Tender and its effects 2259
Transferred, how 2165
Voting of stock by proxy 2163
Stock in other corporations, pur-
chase prohibited 5799, 5800
Stockholders not personally lia-
ble 2165
Stoppage in transitu, relieves car-
rier, when 2284
Are excuses, when 2285
Stopping trains where railroads
cross 2234
Storage charges 2206-2209
Streams, crossings of 2167 (5)
641
INDEX.
Ra-Re
CIVIL LAW.
Rail roads — Continued.
Street railroads (see that title) . .
2180-2184
Streets, crossings of 2167 (5)
Longitudinal use of ...... 2167 (5)
Strikes as excuses to 2283
Subrogation of purchaser to
rights of former company. . . .
2167 (11)
Suits against, where brought (see
Venue, below) 2334, 6168
Against whom brought
2226, 2334-2338
By partners and joint owners. . 2260
Supplies furnished or live stock
killed, liens for 2331
Survey, preliminary 2167 (1)
Switches, right to connect. . 2213, 2215
Tariffs, General Assembly may
regulate 5797
Regulation by railroad commis-
sion 2185-2218
Tax, assessment by Comptroller. . 813
By State and county 779-789
By cities 725
Paid to whom 781
Payment, how resisted 781, 782
Purchaser not exempt from ....
2167 (11)
Return and payment of 805
Returns by, form of 812
Taxation by State 779-783
Arbitration of differences .... 808
Telegraph companies may occupy
right of way 2345-2347
Telegraph operators, classification
of 2237
Penalty for employing inexpe-
rienced operators 2238
Suits for collection of penalties, 2239
Tender of damages, and its ef-
fect 2259
Terminal approach, and location, 2176
Terminal facilities, acquired in
what manner 2167 (3)
Use of, by other roads, 1865, 2167 (6)
Terminal tracks, railroads using
same 1865
Through rates 2202
Tickets of and to connecting
roads, duty to sell 2299, 2300
Penalty for refusing 2301
Tickets of connecting roads, duty
to sell 2299
Penalty for refusing 2301
Time of responsibilty 2279
Trace freight, duty to , 2317
Penalty for failure 2318
Train men, hours of service for,
limited 2240-2242
Trains, regulation of speed at
crossings 2234
Transfer of stock 2165
41— Ga. Code
Transportation rates and sched-
ules 2167 (9)
Trust deeds by 2167 (10)
Turnpikes, railroads crossing.... 2232
Ultra vires not a defense, when.. 22577
Undelivered freight, carrier, when
relieved as to 2306
Undelivered goods may be sold,
when 2303
Live stock, etc., how sold 2304
Proceeds of, how disposed of. . 2305
Unjust discrimination, penalty
for
2188, 2195, 2197, 2214, 2307, 5797
Vacancies in board of directors,
how filled 2163
Venue of suits for injuries 2226 *
Lessees liability to suit 2335
Must be sued where action orig-
inates 2334, 6168
Illegal purchase or control of
other railroad, suit to annul,
where brought 6168
Vice-president, election of 2163
Voluntary grants of property, 2167 (2)
Wages of employees 2329
Receiver or trustee to pay. . . . 2330
Water courses, streets, etc., right
to construct along or over, 2167 (5)
Weighing freight, facilities for, to
be furnished 2308
Sworn weighers to weigh
freight 2309
Uncoupled when weighing, cars
shall be 2310
Lumber cars, how weighed.... 2311
Whistle, failure to blow at
crossings 2264
White and colored passengers,, dif-
ferent cars for 2273
Nurses, law not apply to 2274
Separate cars, equal accommo-
dations in 2269
Ratification.
Agent's act, effect of 3019
Express or implied ratification.. 3019
Partial, not allowed 3021
Relates back to act ratified 3014
Revocation of, prohibited 3019
Torts, ratification of 3820
Transfer of judgment by attorney,
ratification of 5375
Realty 3045-3069
Action to- recover, form of 5002
Allodial tenure 3051
Ancient lights 3046
Annuities attached to lands 3067
Boundary by streams 3058
Bridge, or ferry rights 3063
Charges on land 3067
Definition of 3045
Deposits of wild animals on, be-
long to owner of land 3074
Re
INDEX.
642
CIVIL LAW.
Realty — Continued.
Descends to- heirs direct 3081
Destroying property for public
good 3056
Damages, how paid 3056
Detached, becomes personalty. . . . 3050
Ditches and levees 3062
Easement, forfeiture or abandon-
ment of 3068
Eminent domain 3052
Exercised, when 3053
How exercised 3054
Just compensation 3055
Estate for years 3109
Excavations by adjoining owners, 8048
Ferry rights and bridges 3063
Fixtures, definition of 3049
Machinery, when part of 3049
Foreclosure of liens on 2815
Foreign corporations' ownership, 1849
Forfeiture or abandonment of
easement 3068
Form of action to recover 5002
Franchise, when exclusive 3064
Includes what 3045
Interference with enjoyment of,
actionable 3874
Interfering with possession 3876
Just compensation to owner,
where taken for public use.. 3055
Lateral support 3047
Legacies attached to lands 3067
Levees and ditches 3062
Liens on, how enforced 2815
Limitation of action, for damages
to 3898
Machinery, when not a part of . . . 3049
Mortgage foreclosures .... 2743, 2752
Navigable streams 3059
Adjacent land, owner, rights of, 3060
Where streams are boundaries, 3058
Owner's right above and below
soil 3881
Right to ditch and to embank. . 3062
Parol license, when not revocable, 3059
Partition proceedings (see Parti-
tion) 4786-4797
Private ways, right of, how arise, 3065
Necessity ceasing, way ceases'", 3066
Purchasers, how incorporated. . . . 2168
Reasonable doubts (see Penal
Code).
Law of 5144-5146
Right of possession, recovery on, 3875
Right to recover vests in what
persons 3081
Running water, owner of, diver-
sion or adulteration 3057
Specific performance of contracts, 4037
Voluntary agreement, when cre-
ates promises 4039
Streams, boundary lines 3058
Power of owner of 3161
Surviving partner's power as to . .
2648, 2649
Tenure of, in this State 3051
Things detached, become person-
alty 3050
Trespass, title to realty, supports
action for 3877
Venue of suits respecting title to, 4996
Water courses, right of owner to
3057, 3879
Ways, right of private ways, how
arise 3065
Necessity ceasing, way ceases. . 3066
Years, estates for 3109
Reasonable Time.
Performance to be within 3724
Time, when of the essence of
contract 3675 (8)
Rebates (see Railroads').
Railroads forbidden to allow.... 5801
Rebellion.
Governor's duty in case of 1229
Military forces, subject to call in
case of 1168, 1229
Receipts.
Administrator, final receipts to,
as evidence 3499
Connecting lines of railroads .... 2298
Parol evidence to explain 5208
Receivers 4900-4912
Account to the court, duty to. . . . 4908
Accounts, duty to keep 3007
Act under order of court 4906
Appointed in what cases . . 4900, 4901
Trust property, receiver to pro-
tect 4901, 4904
Appointment, power of, cautiously
exercised 4902
Bank, receiver liable for money
in, when 4909
When receiver appointed for. . 1970
Duties of receiver 1971
Bond may be required of 4907
Bonds deposited by guaranty and
fidelity companies, receiver
for 6625-6627
Change, motion to, held in vaca-
tion 4321
Discretion of chancellor as to
terms of appointment 4904
Duties of receivers 4906
Equity will appoint, when. . 4901, 4904
Fast bills of exceptions 5540
Fees of counsel and receivers. . . . 6232
How allowed 6233
Garnishment, receivers not sub-
ject to 4910
Homestead receiver for excess..
2855, 2862
Insolvent trader, receiver for. . . .
2715, 2716
643
INDEX.
Re
CIVIL LAW.
Receivers — Continued.
Chancellor's power in such
cases 2717
Insurance companies bond to be
given' 2037
Intervention in equity proceed-
ings 4903
Investment of fund in hands of. . 4905
Joint property, receiver to pro-
tect 4901
Liability to railroad employees.. 2324
Suits, how and where brought. . 2325
Liens, divested by receivers sale, 4911
Notice, receiver appointed with-
out, when 4904
Officer of court, receiver is 4900
Power of appointment cautiously
exercised 4902
Railroads, liens against for sup-
plies and live stock 2331-2332
Railroad receivers, liability to em-
ployees 2324, 6167
Removal at court's pleasure 4906
Returns of, how made 4912
Sale by receiver divests liens .... 4911
Terms of appointment 4909
Wages of railroad employees,
duty to pay 2330
Receiver of Tax Returns (see Tax
Receiver).
Reciprocity 2397
Recitals (see Deeds).
City tax deed, recitals in, not evi-
dence 738
Purchase price, recitals as to, do
not estop 3608, 5150
Recognizances (see Penal Code).
Bail in justices' courts 4124
General Assembly cannot relieve
liability 5781
Record (see Registration).
Amendment of 5118, 5119
Contracts of record, defined 3633
Copies of wills, record, admissi-
ble, when 5167
Executive department 141
Exemplification of municipal rec-
ords as evidence 5216
Foreign records, how proved, 5237, 5238
Lost or destroyed, contents, how
proved 5217, 5223, 5229
Mutilated or lost, establishment
of (see Evidence) 5223-5230
Ordinary to keep certain.... 4250 (8)
Other States, faith and credit to
be given to 6002
Ratification of municipal records
as evidence 5216
Removal of, forbidden 4048
Second record, evidence, when. . 5230
Secretary of State to furnish 179
And preserve 181 (1)
Tax officers' bonds 974-978
Recoupment (see Set-off).
Actions, ex contractu, plea to.... 3759
Damages of defendant constitute
claim, right to judgment over, 3759
Defendant, when entitled to judg-
ment 3759
Definition of 3756
Lies for what 3758, 3759
Mortgaged property 2734
Re-entry.
Landlord's right of 3124
Set-off, recoupment differs from. . 3757
Redemption.
City tax sales 733-735
County tax sale, redemption from, 909
Property bid in by county 916
If not redeemed may be sold . . 917
State tax sale, redemption from. . 127
Taxes, land sold for, redeemed . . 909
How redeemed 910
Reformation of Contracts (see Con-
tracts).
Decreed in equity, when
3970, 3980, 3981
Refresh Memory (see Witnesses).
Witness' right to 5284
Refunding Bonds.
Administrator's right to demand
3482, 3500
Regiments.
Consists of three battallions .... 1101
Registrars.
Appointment and oath of 50, 52
Compensation of 63
Hearing before registrars .... 55, 58
Inspection of list and books, 64, 65
List of registered voters, how
prepared * 53, 54
List of voters furnished to elec-
tion managers 59
Payment of 63
Proceedings of, to be public .... 65
Registration.
Attestation of deeds for record. . 3620
Bonds for title 6633-6635
Registration, or Record.
Bonds of officers, record of 257
Bonds of corporations 1866-1869
Church trustees, appointment of. . 2355
Conditional sales 2776
Decree for specific performance. . 4852
Deeds, registration of (see that
title) 3618-3630
Dentists, duty as to 1510
District commissioner, proceed-
ings recorded 335
Druggists and apothecaries 1498
Duplex index 4361
Re
INDEX.
644
CIVIL LAW.
Registration, or Record — Continued.
Executions, entries on .... 3761, 3762
Registration -of ft. fa. under
which land sold 3625
Failure to obey law not affect
parties 2781
Former acts continued in force. . 5222
Instruments requiring, take effect
when 2778
Laws curative of, continued 5222
Liens and transfers 2778-2786
Marriage contracts, record of .... 2483
Effect of failure to record 2483
'Wife may compel record 2484
Mechanics' liens 2804 (2)
Mortgages 2726, 2727
Nonresidents, judgments against,
recorded on execution docket, 2783
Parties to judgment, laws not ap-
ply to 2784
Practitioners of medicine.. 1479, 1480
Presumption as to proper probate
for 5221
Proof of registry 5218
Certified copy, when admissible, 5219
Destroyed registry, secondary
evidence admissible 5220
Re-recorded, when 5229
Reverse index 4360
Sales to secure debts 2772
State bonds 1011
Books of registration 1012
Tags for fertilizers 1563, 1564
Transfers and liens 2778-2786
Registration of Voters.. 35-65, 6112, 6113
Age of applicant 41
Alphabetical arrangement of
names required 53
Applicant for registration 41
Applicant, title of, to register. ... 45
Application and method of regis-
tering 41
Ballots at city wards 60, 61
At courthouse 60, 61
Votes to be by ballot 60, 72 (1)
Where cast 60, 61
Board of education, registration
required for election of 35
Book for, charge of, administering
oath 40
Burnt or destroyed, how estab-
lished 5223-5230
Special period for keeping open, 37
To be kept open 39
Books and papers filed with ordi-
nary 64
Opening before October and No-
vember elections 36-39
Open for special election 38
Open from January 1st of each
year 36-39
Clerk to furnish list of disquali-
fied voters 47-49
Colored voters indicated on
books 44, 47, 48
Compensation of county regis-
trars 63
Of tax collector b3
Of officers 63
Of tax collector, ordinary, ana
clerk of superior court, 41, 48, 6115
Constables' elections 35
Congressional elections 35
County elections 35
County registrars, board to be bi-
partisan 51
Compensation of registrars .... 63
Duty of registrars 53-59
Evidence before registrars.... 55-58
Hearing before registrars .... 55-58
Majority control 49, 56
Oath of registrars 52
Preparation of list of registered
voters 54
Production of papers before. ... 56
Qualification of registrars .... 50, 51
Registered list, how prepared. . 53
Removal of registrars 50, 51
Striking off names from voters'
books 54
Term of office 50
County site, persons who vote at, 59, 60
Courthouse, persons who vote at, 60
Crime, list of persons disqualified
from, to be filed 48, 49
Defaulting tax payers, list of, to
be filed 48, 49
Disqualified voters, how listed..
48, 49, 6115
List of, to be filed 48
Evidence before county regis-
trars 55-58
Filing books and papers with or-
dinary 64
General election, voter registered
at, qualified for intermediate
elections 6114
Grand jury, inspection of voters'
book by 62
Hearing before registrars 53-58
Hearing in public 65
Hours office to be kept open 39
Insolvent tax list to be examined
48, 49, 54, 55
Insolvent tax payers' names to be
filed 48, 53
Inspection of lists and books. . . .
48, 53, 56, 64
Justices of the peace, registration
for elections of 35
Legislature may provide for 5738
List and books open to inspection, 64
Furnished managers, authenti-
cated, how , 59
Inspection of list by grand jury, 62
645
INDEX.
Re
CIVIL LAW.
53
53
48
57
58
58
Registration of Voters — Continued.
Return of list to clerk by mana-
gers 62
How- prepared 53, 54
List furnished registrars .... 47
Special elections 6114
Majority control in county regis-
trars 49, 56
Managers of elections, list to be
furnished to 59
Method of registering on voters'
book 40-46
Names, alphabetical arrangement
of
Arrangement of names by dis-
tricts
Disqualified persons, name to
be filed
Notice, how served
Notice to suspected voters
When served
Oath, administered by whom 40, 42, 43
Of party voting at courthouse, 61
Of voter signed, when and
where 36, 40, 46
Reading of, to applicants 42
Separate vote printed, may be
used
Signing of, equivalent to sign-
ing voters' book
Ordinary prepares list of disquali-
fied persons
Precincts, separate list for each. .
Presidential elections 35, 37
Printed list, how paid for 63
Production of papers before
county registrar
Public hearing before county reg-
istrar
Qualification of voters
Race to be noted on voter's book,
Registrars, appointment, oath,
and duty of (see Registrars), 50-65
Residence of applicant 41
Right of, to notice 58
Signatures in voters' book 41, 46
Signatures prima facie evidence.. 43
Signature, evidence of what. ... 41, 46
Special elections, list of voters to
be filed with registrars . . 48, 6115
Special elections, books, when to
be opened 38
Registration required for. ... 35, 38
State elections 35
Tax collector to open voters'
book 36
Registration of voters by .... 36-46
Tax not paid, registration denied
32, 36, 37, 45, 57
Time of holding, §38 amended.. 6114
Trial before county registrars.. 55-58
To be admitted in public 65
46
46
48
59
56
65
32
44
Unlawfully denied right to sign
voters' book 55
Voting without registering forbid-
den 35
Wards, separate list prepared for
each 59-61
White voters separately entered 41, 44
Relationship.
Marriage within forbidden de-
grees forbidden 2426 (1)
Degrees which prevent 2413
Dissolution of marriage for, 2426 (2)
Proved in what manner 5177
Release.
Operations of law, release by .... 3715
Religion.
Appropriations to sects forbidden, 5711
Freedom of conscience guran-
teed '. 5709
Religious opinions protected .... 5710
Tax exemptions 762
Remainder Estates (see Life Es-
tates; Reversion) 3098-3108
Remainder and Reversion.
Assent of executor to legacy.... 3105
Contingent estates 3100
Creation by parol forbidden 3103
Definition of remainder 3098
Estates during widowhood 3108
Executor's right to recover pos-
session 3105
Liens on one's own property.... 3107
Life tenant cannot prove person-
alty beyond State 3096
Forfeiture to remainderman for
attempting 3096
Life tenant failing to exercise
due care '. 3090
Limitation of estates 3102
May extend how far 3102
Limitations over upon marriage
of widow, when void 3108
Merger of estates 3106
Parol creation of remainders .... 3103
Particular estate not necessary. . 3099
Perpetuity, estates in, forbidden, 3102
Attempt to create, effect of . . . . 3102
Personalty, injury to, right of ac-
tion 3890
Possession, when taken by re-
mainderman 3105
Remainder for persons not in be-
, ing 3103
Reversion (see that title).
Rights of heirs, remainderman. . 3101
Vesting of remainders favored.. 3104
Vested or continued remainders. . 3100
Remaindermen.
Bond of purchaser may be re-
quired, when 3097
Incumbrances discharged in what
manner 3992
He
INDEX.
US
CIVIL LAW.
Remaindermen — Continued.
Ne exeat in favor of 4886 (3)
Right to possession by 3105
Executor may recover posses-
sion, when 3105
Trespass, right to sue in 3890
Remedy.
Change of remedy or mode of
trial 6
Concurrent remedies 4945
Creditors pursuing both person
and property 2690
Compulsory election by credit-
ors 2691
Every right has a remedy.. 3076, 4929
Framed by court, when 4929
Land owners, demand by opening
of road 557-568
Remote Damages (see Damages).
Remote Limitations.
Construction of
3086
Rent (see Distress Warrants;
Landlord and Tenant).
Casualties not abate 3135
Contract to pay (see Landlord
and Tenant) 3116
Transferees and liens 2798
Distress warrants (see that title)
3124, 4818, 4822
Interest, contract for, bears 3128
Judgment for, at first term 3128
Lien for, attaches, when 3125
Tenant failing to pay 3124
Renunciation.
Executors, renunciation is final.. 3295
Reorganization of Supreme Court.
Act of 1896, text of (see Supreme
Court) 6252-6265
Repairs.
Landlord's duty to make 3123
Repeal of Laws (see Laws).
Rights pre-existing, how affected, 2
Sections of Code, how affected.. 5779
Replevy.
Attachment cases 4567, 4568
Replevy by claimant 4571
Bail cases 4606
Claim cases 4571, 4614, 5436
Distress warrant cases 4819
Foreclosure of liens on personalty
2816 (8)
Generally, as to property under
levy 4736
Illegality cases 4736, 5435
Judgments on replevy bonds, lien, 2817
Mortgage foreclosure, replevy
bond 2767
Replications.
Demanded by court, when (see
Pleading) . . 4776, 4840, 5050, 4995
No replication shall be filed. . . .
5063, 5067
Reporter of Superior Courts.
Appointment, duty, and compen-
sation 4446, 4448
Reporter of Supreme Court (see Su-
preme Court) 5515-5519
Reports.
Auditors' reports 4581-4602
Comptroller's and Treasurer's, 5902
Insurance Companies 5795
Reports of Supreme Court (see
Georgia Reports).
Reports destroyed by fire, re-sup-
ply of 174
Warrant for price of 175
Representatives (see Congress;
Constitution of the United
States: House of Representa-
tives; General Assembly).
Reprieve (see Pardon and Re-
prieve).
Republication.
Wills, republication, how affected, 3348
Requisitions.
Fugitives from justice 6004
Res Adjudicata (see Judgments). ..
End of litigation 3741, 5094
Judgment concludes what. . 3742, 5234
Merits must have been passed on, 5095
Nonsuit, no bar to subsequent ac-
tions 5347
Parol evidence, admissibility on
questions of 3743
Vouched party, effect of judgment
on 5234
Rescission of Contracts (see Con-
tracts).
Consent, rescission without, 3710-3712
Status of both parties must be
restored 3712
Defense to contract 3710
Fraud, rescission for 3711
Prompt restoration required . . 3711
Intention to pay, purchase with-
out 3531
Loss or damages before full price
paid 3543
Negligence of landlord 3984
Offer to rescind, not necessary,
when 3616
Prompt action required 3711
Vendor's rights after 3713
Rescue.
Persons under arrest by General
Assembly 5765
Res Gestae (see Evidence).
Admissible in what cases 5179
Declarations of agent, when ad-
missible 3034
647
INDEX.
Re
CIVIL LAW.
Residence (see Domicile).
Governor's, to be at seat of gov-
ernment 143
Judge, residence attached to an-
other circuit, not deprive him
of office 4314
Officer, where reside 226
Nonresident, ineligible .... 223 (1>
Residents and Aliens (see Citizens;
Citizenship; Domicile).
Aliens denned 1814
Militia duty, not subject to. . . . 1819
Rights of, as to realty 1816
Right to enforce liens 1818
Right to sue and testify 1817
Divorce, applicant must be resi-
dent :.. 2431
Judgment against nonresident,
where recorded 2783
Militia duty, aliens not subject to, 1819
Persons of color (see that title)
1820-1823
Protected against foreign guard-
ian 2596
United States, rights of citizens
of 1813
Residuum of Estates (see Estates).
Debts of testator, paid out of . . . . 3336
Executors heard in what manner, 3313
Lapsed or void devises, fall to
whom 3331
Resignation.
Administrator's resignation, when
effected
Governor's resignation
Guardian, resignation of
Officers' resignation, to whom re-
ported
Respondeat Superior.
Rule applied in what cases, 3818,
Restraining Order.
Granted, when
Restraint of Trade.
Contracts to lessen or restrain,
void 3668, 5730, 5798,
Resulting Trusts.
Defined
Retailer of Liquor (see Liquor).
Definition of
License, forfeiture for retailing
without
Retraxit.
Definition of
Differs from
dismissal
3515
230
2566
231
3819
4924
5800
3196
1540
423
5042
,5043
6
5731
Retrospective Laws (see Laws).
Contracts not affected by
Forbidden 6,
Returns.
Guardian's 2540, 2544
Officers, entry of ft. fa., to be re-
corded 3761
Trustee, returns of 3168
Returns of Elections (see Elec-
tions).
Revenue Laws.
Comptroller may suggest improve-
ments in 211
Revenue of State 979-981
Fees of officers, revenue from. . . . 981
Taxation, revenue #from 767
From sources other than taxa-
tion 979, 980
Reverse Index.
Duty of clerk to keep 4360
Reversion (see Remainder Estates).
Administrators, dismissal of .... 3513
Sale of reversion by administra-
tor 3513
Definition, rights of reversioner. . 3098
Estates in 3098-3108
Incumbrances, discharged by re-
versioner 3992
Ne exeat in cases of reversioner. .
4886 (3)
Personalty, reversion in, right of
action 3890
Trespass by reversioner 3890
Reverted Lands.
Disposed of, in what manner, 3239-3242
Review.
Bills for, when brought (see
Equity) 3770, 4862
Revival.
Dormant judgments, revivor of. . 3378
Limitations of actions 3760-3778
Revocation.
Administrators' letters, revocation
of, not abate 3404
Agency coupled with an interest
3003 (1)
Agency, of, where creditor ad-
vances on stock 3003 (2)
When and how revoked 3003 (1)
Letters testamentary, or of admin-
istration 3404, 4232
New agent, appointment, of, a rev-
ocation, when 3003 (1)
Parol license, when not revocable, 3069
Unreasonable revocation, dam-
ages for 3003 (1)
Revocation of Wills (see title Wills)
3340-3348
Birth of child subsequent, revokes
will 3347
Cancellation as affecting 3343
Destruction of will expressly re-
voking former wills 3342
Executed in what manner 3342
Express or resulting revocations, 3341
Definition and effect of 3341
Express revocation, how effected, 3343
Implied revocation 3345
Ri-Ro
INDEX.
648
CIVIL LAW.
Revocation of Wills — Continued.
Implied revocation, definition of. . 3341
Inconsistent provisions 3346
Intention to revoke 3344
Marriage, subsequent, revokes
will 3347
Republication of revoked will,
how effected 3348
Right of testator to revoke at any-
time 3340
Rice and Rice Culture.
Compensation of freeholders 1620
Dam, penalty for stopping up 1618
Inadequate to be enlarged 1619
When to be opened 1611
Penalty for violating 1612
Damages for extending drains . . 1610
Drainage not prohibited 1616
Oath of weigher of rice 1601,1603
Obstructions, proceedings in case
of 1617
Penalties against land owners 1612
For weighing without taking
oath 1603
Proceedings under survey 1614
Scalesmen, weighers, and others
to be sworn 1601
Deducation for wet, etc 1602
Survey applied for where injury
sustained 1613
Tare on rice 1604
Title to rice passes only when
paid for 3546
Turn of scales, no deduction for. . 1606
Warrant for obstruction trial . . 1614
Award of freeholders 1615
Water not to be diverted 1610
Penalty for violating 1612
Weigher's oath 1601, 1603
Right of Common.
Interference with, actionable 3882
Right of Way (see Eminent Do-
main).
Arises, when 3065
Grant of, to private persons.. 664-678
Grants, how construed 633-636
Interference with, gives action. . 3882
Military troops 1177-1178
Mining, persons engaged in... 650-657
Occupation of telegraph compa-
nies regulated 2346
Private way over another's land, 3065
Private ways, protection of 678
Telegraph companies may use . . 2345
Right regulated 2346
Unlawful interference with 3882
Ringgold County.
Concession as to public road in,
to United States 6643
Riots.
Command of volunteers by Gov-
ernor, in case of 1180
Duty of volunteers in case of, 1168-1178
Governor's duty 1169
Mayor's call in case of emergency, 1170
Military troops, control streets
for \ 1178
Penalty for, and failing to dis-
perse 1172-1173
Risk.
Falls on owner, when 3543
Hiring, risk in cases of 2905, 2919
Sales of articles being manufac-
tured 3547
Seller's risk until delivery made. . 3545
Servant, assumption of risks by. . 2612
Surety's risk increased, dis-
charges him 2972
Rivers and Riparian Rights.
Action for interfering with
streams 3879
Law regulating 3057-3063
Maps of, surveys, etc 185 (5)
Owners' right to watercourse. . . . 3879
Interference with, a trespass.. 3879
Road Commissioners 584-598
Annual reports of 589 (7)
Appointed, how 585
Notified in writing 587
Apportionment of road and
hands 589 (2)
Assignment of roads 596
Books to be kept by 589 (6)
Books, who furnishes 597
Compelled to serve 586
Complaints against, procedure . . 592
Contempt, may punish for 590
Defaulters, service of notice on, 589 (5)
Defaulters, trial of 589 (3)
Defaulting commissioner, proceed-
ings against 591, 595
Execution against, clerk shall
issue 595
Failure to appear 594
Penalty against 593
Discharge of 596, 598
Duty of 589
Exemptions of commissioners .... 588
Expenditure of public funds . . 589 (4)
Inspection of roads, bridges,
etc 589 (8)
Neglect of duty, proceedings
against 591
Number and powers of 584
Oaths, duty to administer 589 (10)
Overseers, duty to appoint . . 589 (1)
Payments to county treasurer, 589 (6)
Penalty against 593
Proceedings against, for neglect
of duty 591
Supervision, duty to exercise, 589 (9)
Road Duty.
Exemptions from 526
Volunteer forces exempt 1200
649
INDEX.
Ro
CIVIL LAW.
Road Districts.
Counties laid off into 515
Registry of, to be kept 516
Road on district line, how worked, 596
Road Overseers (see Roads and
Bridges) 530, 532, 551-555
Bond of 6094
Compensation of 6089
Neglect of duty, fine for 569
Omission of duty, indicted for. . . . 555
Penalties against 6095
Posting and putting up signs on
roads, fine for failure in.... 554
Summoning road hands to work. . 530
Timber for roads, rights to use.. 551
Working roads, general duty -as
to 532
Roads and Bridges 508-682
Ad valorem tax 6090
How paid 6093
Alteration of old road 520
Altering or obstructing, penalty. . 570
Alternative road law 573-583
Provisions of force, when .... 583
Applications to lay out or alter.. 520
Apportionment of hands on .... 515
Apportionment of roads 541-545
Apportionment rejected, rejec-
tor shall still work 543
Assignment of, by road commis-
sioners , 596
Bridges and causeways over small
water courses 514
How kept up 514
Bridges on roads, included in term,
"roads" 5
Canals encroaching upon 1994
Certiorari in damage cases 565
Classification of . . . . bll
Commissioners of public roads, 584-598
Appointment and obligation to
serve 584-588
Discharge of commissioner.... 593
Duty of road commissioner, 589, 590
Proceedings against road com-
missioner 591-595
Commutation tax in lieu of work
576, .6088
Not affect residents of cities. . 579
Competency of jurors 558
Condemnation of land for . . 6083-6086
Authority to condemn land .... 6083
Costs if county refuses to buy
under award made 6083
Expenses, county to bear .... 6084
Notice of proceedings 6083, 6086
Working of public roads 6087
Election, competition for.... 6087
Consequential damages 568
Constables, rule against 549
Continuance of trial 563
Counties to which §§ 60S8-6095 ap-
ply 6096
County authorities to lay out.... 573
Authority of, to fine 573
County taxation for 5892
Culverts, bridges, and new roads. 536
Damages, assessment of 557-568
Notice of trial 560
Order to pay 566
Time and place of trial 561
Trial, how conducted 559
Defaulters, punishment cf . . . 580, 6129
Alternative penalty imposed . . 6129
By whom tried 581
Excuses filed by 546
Executions against 547
Fining of 539
Penalty against 580
Proceedings against defaulters.
546-550
Provision as to, takes effect,
when 583, 6130
Summoned by whom 582
Detained at public crossing, per-
sons not to be 624
Directors, bids, oath, etc 6104-6108
Discontinuance of roads 524
District line, public road being. . . 596
Districts and apportionment of
hands 515
Duty of persons to whom appor-
tioned 542
Employers of colored hands to
give lists 529
How garnisheed 549
Encroaching .on registered road,
penalty for 517
Executions against defaulters . . . 547
Exemptions from road duty ..... 526
Extraordinary tools, how obtained 540
Extraordinary work, provision for, 533
By what means to be done 534
Culverts, bridges, and new
roads 536
Fines, how disposed of 548
Constables may be ruled 549
Forfeiture for not putting up posts
and boards 554
For not removing obstructions. 572
Garnishment, notice to employer
of hands, equivalent to 549
General Assembly cannot change. 5780
Hands, comrelled to work but
one road 527
Compelled to work how long. . . 528
Credited with special work.... 538
How summoned to work 530
In default, how fined 539
Includes bridges 5
Inspectors, appointment of 6097
Chief inspector, how designated 6100
Control of inspectors 6103
Deputy sheriff may be inspector, 6098
Ro
INDEX.
650
CIVIL LAW.
Roads and Bridges — Continued.
Duties of inspectors 6093
Salary of inspectors 6101
Tenure of office 6102
Judgment of Commissioners, lien
of 550
Jurisdiction of ordinary over . . . 4238
Jurors, competency of 558
Objections to jurors 562
Warrant to summon jury 567
Jury and talesmen, objections to. 562
Laid out the nearest and best way 525
Landowners aggrieved, how re-
dressed 557
Laying out, altering, or discontin-
uing 520-525
Liability of persons to whom ap-
portioned 544
Lien of Commissioners' judg-
ment . . 549, 550
List of hands subject to road duty, 529
Machinery, tools, etc., for road
working 577
Marked out. how 520
Measure roads, duty of overseer
to 552
Mile posts 552
Military forces exempt from road
duty 6551
Mining, rights of way to persons
engaged in 650-657
Mistrial in damage cases 564
New road, how laid out 520
Notice of application to lay out
or alter 521
Persons in possession to be
notified 522
Notice of trial 560
To landowners on line of 522
To road hands 530, 531
Objections by landowners to road
as registered 519
Obstructing or altering, penalty. .
518, 570
Obstructions, ordinary's jurisdic-
tion as to 4234
Not removed, fine, etc 572
Overseers, duty of 532
Defaulting, penalty 555
Neglect of duty by 569
Parcelling of work to particular
persons 541
Duty of persons to whom ap-
portioned 542
Persons refusing to accept ap-
portionment 543
Punishment for failure to work. 544
Penalty against overseers for
default 555
For altering or obstructing. . . . 570
Persons subject to road duty.... 526
Persons exempt 526
Petition of landowner for dam-
ages 557
Plank roads (see Plank Roads) . . .
2368-2375
Incorporation of 2368
Portions of, how parceled off for
work 541
Posts and signboards, failure of
overseer to put up 554
Private ways (see title "Private
Ways") 661-682
Converted into public roads. . . . 682
Proceedings to lay out, alter, or
abolish 520-525
"Public Roads" defined 509
Registers of 516
Railroads cannot appropriate,
when 2233
Hands on, exempt from road
duty 556
Interfering with, suit against. . 571
Repairs where suddenly becoming
impassable 537
Road Commissioners (see that
title).
Road districts 515
To be registered and revised.. 516
Road duty, persons subject and
exempt 526
Persons subject to 574
Road hands, commutation tax. . . . 6088
Road money, how expended 6092
Road overseers (see that title).
Rule of road to turn to right 508
Second-class roads, description of, 512
Selection of roads by grand jury. 535
Shell roads 2368-2371
"Sign boards," duty to erect 553
Size, extent, foot-logs, etc 510
Special work, time deducted 538
Summons against defaulters 582
Summons of road hands 530
What notice must contain 531
Tax for "Public Road Fund" 575
Prorated between districts .... 6091
Third-class roads, requirements
as to 513
Timber, overseers authorized to
use 551
How valued and paid for 551
Time required of each hand 6090
Team roads 658-660
Trial for damages, how conducted, 559
Notice of trial 560
Time and place of trial 561
Trial may be postponed 563
Trial of defaulters 581
Turnpikes 2368-2371
Unequal apportionment revoked,
when 545
Value of land, how estimated .... 567
Void roads 509, 523
Warrant to summon jury 557
651
INDEX.
Ro-Ru
CIVIL LAW.
Roads and Bridges — Continued.
Width of second-class roads 512
Work on public roads 526-540
Hands compelled to 527
Length of time to work 528
Working, city residents not re-
quired to 579
Fund for, how spent 578
Provisions for 576
Roads and Revenues (see County-
Commissioners) .
Rolling Stock of Railroads (see Rail-
roads) 2326-2328
Lease or purchase of 2326
Rosin.
Inspected before shipment 1596
Inspector of, how appointed 1600
Inspections, regulation of 1599
Regulating making and vending. . 1599
Rule of the Road.
Turn to the right 508
Rules against Officers 4769-4782
Answer and subsequent proceed-
ings 4775
Traverse of answer 4775
Attorneys liable to 4416
Clerk superior court subject to. . .
4364, 4365
Constables, rule against, when
brought 4060
Rule against, in J. P.'s court..
4097, 4163
Rule in superior court 4098
Constables and justices of the
peace 4060
Default of officers, how punished. 4779
Demand for money collected 4771
Service of demand, how proved, 4772
Deputy sheriff subject to rule, etc., 4780
Justices of the peace and con-
stables 4060
Liability of officers to suits, etc. . . 4769
Lien of rule absolute 2826, 4778
Money collected, may be de-
manded 4771
Liability of twenty per cent, per
annum for refusal 4771
Service of demand, how proved, 4772
Money rules, practice on 4776
Notice, when officer ruled with-
out 4777
Public officer liable to 280
Rule absolute, lien of 4778
Rule absolute, when granted .... 4775
Rule after going out of office .... 4773
Rule nisi 4774
Rules absolute, liens on 2826
Service of rule 4781
Sheriff, liability of, to action or
rule 4770
Solicitors-general 4393
Traverse of answer 4775
Practice on money rules 4776
Rules in Equity 5692-5697
Auditors' reports, return of, and
right to inspection 5695
Exhibits, copies of, to be filed
with, or answer 5694
Production of original, when re-
quired 5694
Issues of fact, how submitted .... 5697
Oath or affirmation of defendant
to answer 5692
ProcMen ami in equity, bond of . . . 5696
Service after appearance, what
sufficient 5693
Rules nisi.
Contents, service, etc 4774
Answer and subsequent pro-
ceedings 4775
Mortgage foreclosures 2743-2770
Officers, rules against 4774
Motion for new trial, service of. . 5475
Rules of Court.
Authority and binding force of. . 4044
Common law rules (see Rules of
Superior Court) 5632-5691
Convention of judges, may make. 4332
All other rules void 4333
Supreme court (see Rules of the
Supreme Court) 5600-5631
Rules of the Superior Courts.
Admission to the bar 5633
Certificate and form of license, 5633
Affidavits in action on contract. . . 5655
Announcement of^ ready 5653
Appeals, exceptions to the secur-
ity on appeal, when to be
taken 5632
Other security required, when. 5632
Arguments of counsel 5634
Arguments after opinion pro-
nounced 5638
Continuance, arguments not al-
lowed on 5653
Interruptions, rule covering . . . 5635
Limit of (Rule 3) 6268
Opening and conclusion 6268
Number of speeches and time
for argument 5637
Personal remarks (Rule 4) .... 6269
Waste of time by attorneys
(Rule 5) 6269a
Agreements or consents, to be in
writing (Rule 2) 6267
Attorneys, bail, attorney not to be
taken as 5641
Violation of this rule a con-
tempt . 5641
Duty of, to return papers 5636
How admitted (Rule 1) 6266
Ru
INDEX.
652
CIVIL LAW.
Rules of the Superior Courts — Cont'd.
Payment received on judg-
ments, duty of clerk to enter
acknowledgment 5639
Acknowledgment to be re-
corded 5639
Failure to be considered a
contempt 5639
Signature to writs, etc., how
entered 5640
Bill of particulars to be annexed,
when 5642
Failure loses plaintiff a term. . . 5642
Nonsuit awarded, when 5642
Burden of proof, right to conclude, 5644
Calendar of pending cases 5658
Claimant dying, representative
made a party 5645
Claims, exceptions to bond or
affidavit, how restricted 5646
Issue to be tendered in five
minutes 5646
Second claim not received after
property found subject 5643
Clerk's duty to produce rules,
when required 5647
Fines, duty to keep separate
book of 5648
Original papers not to be taken
or filed 5649
Papers to be amended instanter
when case called 5650
Consent, agreement between at-
torneys or parties must be in
writing 5651
Agreement by attorneys lost,
how proven 5652
Continuance, arguments not al-
lowed on 5653
Announcement of, ready to be
made immediately 5653
Death of claimant, representative
made a party 5645
Default, opening judgment by
default 5654
Surprise and continuance 5654
Defects in pleading taken advant-
age of, when 5659
Defense, affidavit in action on
contract 5655
Ejectment case, defendant must
admit possession 5656
Dockets, causes, how called and
tried 5658
Ejectment cases, defendant must
admit possession 5656
Exceptions, defects in pleading
taken advantage of, when . . . 5659
Executors and administrators,
answers and pleas of, must
be sworn to 5660
Illegality, second affidavit not al-
lowed, when 5662
Interrogatories, commissions by
mail 5667
Commissions not regular 5666
Form of commission 5663
Leading questions 5668
Witnesses' names to be dis-
tinctly specified 5664
Judge's docket not open to in-
spection 5657
Judgments for plaintiff, when .... 5669
Juries, time for striking 5672
Justices of the peace, shall re-
turn papers, when 5671
Lost papers, secondary evidence,
when admitted 5673
Copy of grant, when admissible, 5674
Motions, to be insisted on at once, 5675
After decision on one ground,
others not to be urged 5675
Opening and conclusion 5676
New trials, brief of testimony ... 5680
Death of judge or vacancy in
office, as affecting 5680
Notice to produce papers, what a
sufficient compliance 5678
Affidavits in writing, when suffi-
cient 5678
Notices, all notices to any officer
of court to be in writing 5679
Opening and conclusion 5644
Order of calling docket 5658
Pleadings not dispensed with by
consent 5652
Prochein ami bond to be given . . . 5681
Recognizances, clerk must keep
book for 5682
Rules in equity (see that title) . . .
5692-5697
Set-off pleaded, copy to be filed. . 5642
Sheriff's bench warrant docket to
be kept 5685
Levy or service not made, re-
turn to specify cause 5683
Constables, names of four to be
presented 5684
Surveys, copies of resurveys .... 5686
Contents of plat 5689
Objections to survey 5690
Scale of plats 5687
Ten days' notice 5688
Witnesses, how examined 5691
Rules of the Supreme Court (see
Supreme Court).
Bills of exceptions and records
(Rules 6-12) 6270-6276
Errors to be distinctly pointed
out (Rule 6) ; 6270
One assignment sufficient, on
grant or denial of new trial . . 6270
Plainly written or printed, must
be . . .' 6270
Briefs (Rule 13) 6277
Copies to be filed 6277
653
INDEX.
Ru-Sa
CIVIL LAW.
Rules of the Supreme Court — Cont'd
Copy for adversary counsel .... 6277
Written summary of facts 6277
Changes in -personnel of the two
divisions (Rule 32). how and
when made 5626a, 6209
Clerks below, duty of (Rule 8) . . . 6272
Delayed transcript, reason of,
to be certified 6272
Mode of transmission 6272
. Contempt, for breach of rules
(Rule 38) 6301
Costs, attorneys, etc., bound (Rule
14) 6278
Exception where pauper affida-
vit filed 6278
Such oath must assert what. 6278
Payable before case heard
(Rule 15) 6279
Executions, clerk may issue . . . 6279
Form of such executions 6279
Recovered in what manner
(Rule 16) 6280
Transfer of cost execution, paid
by attorneys of plaintiff in
error (Rule 15) 5614, 6207
Criminal cases (Rule 22), time
for hearing 5619, 6208
Notice by clerk to solicitor. . . .
5619, 6208
Postponement only for provi-
dential cause 5619, 6208
Diminution of record, suggestion
of (Rule 7) 6271
Dismiss, notice of motion to (Rule
25) 6289
Disqualification of justices (Rule
17) 6281
Governor may designate judge,
when 6281
Dockets and call of cases (Rules
18-25) 6282
Bar docket (Rule 19) 6283
Bench docket not open to in-
spection of bar 6282
Cases, how entered (Rule 18) . . 6282
Separate docket for criminal
cases 6282
Civil docket, hew called (Rule
21) 6285
Advanced cases 6285
Criminal cases, when in order
(Rule 22) 6286
Argument not postponed,
when 6286
Notice to be mailed to coun-
sel 6286
Dockets, how called (Rule 20) . 6284
Dockets, when closed 6286
Order of hearing on the docket
(Rule 23) 6287
Illegible or confused transcript of
record, how treated (Rule 9), 6273
Various parts of transcript, how
arranged 6275
Judgments, when and how ren-
dered (Rule 26) 6290
Mandamus, application for, when
made (Rule 27) 6291
Resort to, not necessary, when. 6276
Minutes, how kept (Rule 28) 6292
Oath of attorney 6266
Objections to bill or record, how
and when made (Rule 7) .... 6271
Office papers, not to be taken
without leave of court (Rule
29) 6293
Original opinions to be kept in
clerk's office (Rule 30) 6293a
Orders in chambers (Rule 34) . . . 6297
Argument may be ordered 6297
Parties, death of suggestion of
(Rule 31) 6294
New parties, how made 6294
Personnel of the two divisions
(Rule 32) 5626a, 6209, 6295
Changes, how and when made. .
5228, 6209
Reargument may be ordered .... 6297
Record confused or illegible, and
no mandamus applied for,
what direction given (Rule
12) 6276
Rehearing, when allowed . . 5628, 6210
Remittitur (Rule 35), contains the
judgment of the court. . 5628, 6210
Rehearing, when allowed. 5628, 6210
Report to be filed by Reporter
(Rule 36) 6299
Mistakes or deficiencies, how
reached (Rule 37) 6300
Sessions, how held (Rule 33) .... 6296
Sessions in banc, held when or-
dered 6296
Transcript, how written (Rule 10) 6274
Illegible or confused transcript
(Rule 9) 6273
Various parts of transcript, how
arranged (Rule 11) 6275
Want of prosecution (Rule 24) ... 6288
Right of defendant to open
record and ask damages .... 6288
Waste of time or work by at -
torneys (Rule 5) 6269a
Rules to Establish Lost Papers (see
Lost Papers) 4743-4759
Justice's court, rules in 4754
Parties to rules 4756
Superior court 4745, 4747
Running Water.
Ownership, control of 3057
Sabbath Day
Safes.
(see Sunday).
Counties, safes to be procured by, 352
Sa
INDEX.
654
CIVIL LAW.
Salaries of Offiicers 281-288
Annual appropriations for 281
Assistant reporter of supreme
court 5519
Attorney-general 282, 5864
Clerk of Secretary of State 282
Clerk of State Treasurer 186, 282
Comptroller-general . . . 282, 5826, 5829
County judge 4173
Garnishment of 4753
Governor 282, 5805
Inspector of illuminating oils.... 6505
Judges, salaries of, may be
changed 5865
Judges of superior courts. . . . 287, 5864
Judges of supreme court.... 287, 5864
Legislative officers 286
Lunatic asylum, officers of 285
Pay of, where salaries not fixed, 283
Penitentiary officers 284
Reporters of supreme court 287
Secretary of State 282, 5825, 5829
Solicitors-general 287, 5864
State Librarian 282
State School Commissioner .... 5907
State Treasurer . . 282, 5824, 5827, 5829
Supreme court clerk 5514
Supreme court reporters 5516
Trustees of lunatic asylum 284
Sales, Private (see Vendor and
Purchaser) 3526-3563
Acceptance, presumption of qual-
ity 3557
Burden of proof on buyer .... 3557
Administrators' sales (see Ad-
ministrators) 3455-3463
Private sales by, voidable.... 3459
Adverse holding, land sold pend-
ing 3605
Agent, sales by (see Agent; Prin-
cipal and Agent) - 3025-3042
Cannot buy or sell for himself, 3010
In possession with apparent
right to sell 3539
Apportionment of price in cases
of 3644
For deficiency in sale of lands, 3542
Auction, sale by 3527
Auctioneer agent of both par-
ties 3527
Auctioneer, who may be 3562
Liability of seller where horse
or mule stolen 3563
Bare contingency cannot be sold, 3537
Barter and exchange 3561
Bill of lading, bona fide assignee
of 3553
Bill of lading with draft at-
tached 3554
Bona fide purchasers protected..
3530, 3540
Of negotiable paper, money,
etc 3538
Bond for title, damages for
breach 3805
Of intestates, how completed..
3440-3444
Buyer's default, and seller's rem-
edy 3531, 3551
Capacity of parties to contract. .
3647-3655
Cestui que trust, sale by 2490, 3188
Concealment, intrinsic qualities
concealed 3534 (4)
When a fraud 3534, 3559
Conditional sales, how made and
recorded 2776
Law as to 2777 #
Consideration essential to con-
tract 3548
Covenants which follow the land
on sale 48
Contracts of, entire or divisible. . 3541
Corn, etc., title not to pass until
paid for 3546
Cost of conveyance, purchaser to
pay 3538
Cotton, title not to pass until
paid for 3546
Covenant not to sue 3714
Creditors, sales to defraud, when
void 2695, 2696, 3529
Defaulting creditors and purchas-
ers, sales to 3529
Deficiency in sale of lands 3542
Apportionment not allowed,
when 3542
"More or less," covers what de-
ficiency 3542
Delivery of goods essential 3545
Actual and constructive deliv-
ery 3545
Until delivery, goods are at sell-
er's risk 3545, 3547
Delusion, one party laboring un-
der 3534 (3)
Duress, definition and effect of. .
3532, 3536
Duress or fraud voids sale 3532
Entire or divisible contracts.... 3541
Essentials of a sale 3526
Estoppel of vendor 3608, 3609, 5150
Executor's sales 3316
Factors, sales by 2929
Farm products, title not pass un-
til paid for 3546
Fertilizers, regulations govern-
ing 1570-1578
Fraud defined, misrepresentation,
as constituting 3533
Concealment is, when 3534
Fraud or duress voids sale.... 3532
Title obtained by, purchase
without notice protected.... 3540
Fraudulent purchase by insolvent, 3531
655
INDEX.
Sa
CIVIL LAW.
Sales, Private — Continued.
Full communication, right to ex-
pect 3534 (2)
Future estate in realty, sale of. . 3601
"Futures" 3537
Goods, etc., when sale of, must be
in writing 2693
Homestead, sale of . . 2847, 5914, 5920
Ignorance of fact, not justify re-
scission 3535
• Illegal, fertilizers (see Contracts;
Illegal Contracts) 1562
Implied warranty 3555
Inadequate price, no rescission
for, when 3549, 3659, 4033
Infants, sales by 3604, 3648
Innocent purchasers, without no-
tice, protected . . 3530, 3538, 3540
Inquiry made and truth evaded . .
3534 (1)
Insolvent, fraudulent purchase by, 3531
Judgment lien, lost after sale,
when 5355, 5356
Land, contract must be in writ-
ing 2693 (4)
Deficiency in sale, how appor-
tioned 3542
Latent defects 3559
Life tenant selling entire estate, 3095
Liquor, sale on election day, for-
bidden 5742
Loss of property sold under res-
ervation of title 3543
Purchaser losing land, rights of, 3544
Lottery tickets, sale of, forbid-
den 5726
Manufactured, sales of articles
being 3547
"Market overt," none in Georgia, 3538
Merchantable, etc., implied war-
ranty of 3555 (2)
Misrepresentation which will void
sale 3533
Mistake of fact justifies rescis-
sion, when 3535, 3660
Mistake of law, not void sale,
when 3535
"More or less," covers what de-
ficiency 3542
Mortgaged property, disposition
of proceeds 2767
Negotiable paper, money, etc.,
bona fide purchaser protected, 3538
Implied warranty on sale of . . . . 3685
Offer of sale, withdrawal of, 3645, 3646
Offices, sale of, forbidden. .' 3668
Partial failure of consideration,
buyer not estopped by partial
payment 3557
Partners, sale binds firm, when. . 2655
Patent defects, when covered by
warranty 3560
Payment, to whom made. . 3717, 3722
Personal profit, agent cannot
take 3011
Pitch, title not pass until paid
for 3546
Possibility cannot be sold 3537
Power of sale, sales under (see
Powers) 4023
Power of trustee, extends to what
3171-3173
Prefer debtor, sale to 2697
Produce, agricultural, title passes
only on cash sale 3546
Purchase money refunded, no
abatement of 3556
Purchase price, when due 3550
Purchaser refusing to take, the
seller's remedy 3551
Remedy of seller on default of
buyer 3551
Rescission, inadequacy of price no
ground for, when 3549
Mistakes which will justify 3536
Purchaser's right to, where
property lost 3543
Purchaser losing land, rights
of 3544
Rice, title not pass until paid for, 3546
Risk of seller and purchaser. . . .
3543, 3546, 3547
Rosin, title not pass until paid
for 3546
Secure debts, sales to, law as to
(see Security Deeds) . . 2771-2775
Separate parcels, order of sale. . 5424
Specific performance of contract
4036, 4042
Speculation upon chances 3537
Stolen horse or mule, vendue mas-
ter's liability , '. 3563
Stoppage in transitu (see Rail-
roads 2285, 3552
Bona fide assignee with bill of
lading, rights of 3553
Tar, title not pass until paid for, 3546
Taxes, sales to evade, void 885
Cities cannot tax agrcultural
produce 1608
Title and right to sell, implied
warranty 3555 (1)
Articles being manufactured.. 3547
In certain articles not pass
until paid for 3546
Goods delivered, seller may col-
lect for, although subse-
quently lost 3546
Purchaser losing land from de-
fect of title 3544
Purchaser, without notice of
fraud, protected 3540
Reserved until full payment,
loss falls on owner 3543
Rights of parties where title
fails .... 3544, 4041
Sa
INDEX.
656
CIVIL LAW.
Sales, Private — Continued.
Seller can convey no greater
than he has 3538
Bona fide purchaser of nego-
tiable paper, money, etc.,
protected 3538
Trustee, report of sale by.. 3175, 3176
Beneficiary, sale to 2090, 3188
Sales by, how authorized ....
3172, 3175, 4976 (8)
Turpentine, title not pass until
paid for 3546
Vendue master, who may be. . . . 3562
Liability of seller, where horse
or mule stolen 3563
Void, where purchase without
intention to pay 3531
Warranty, effect of breach of . . . . 3556
Acceptance, presumption of
quality 3557
Breach of, damages for 3804
Effect of breach of 3556
Construction of 3558
Damages for breach of 3804
Good faith required 3558
Implied warranty, defined .... 3555
Land sales 3612, 3616
Latent defects, disclosure of. . 3559
Notes, etc., warranty on sale
of 3685
Patent defects, when covered, 3560
Wife's sale to husband or trus-
tee 2490, 3188
Sale to pay his dents, void 2488
Sales, Public 5446
Adjournment of sale
Administrators' sales (see Admin
istrators) 3445
Claim at administrator's sale. .
3458, 4630,
Divests liens
Advertisements, how made
Change of, to another paper . .
Contracts for, officer to make
5462,
Fee for, paid in advance, when
5459,
Affidavit excusing nonpay-
ment
Law regulating 5457
Published once a week and for
four weeks •.
Attachments, sales under . . 4535,
Auction, sales by
Bidder, liability 5466,
Form of actions against pur-
chaser
Bond for titles, sale of land held
under 2788, 5432,
Carriers, for freight charges (see
Railroads) 2303-
Caveat emptor
5472
5456
-3463
4633
3453
5458
5460
6204
5461
5459
5462
5458
4538
3527
5467
5467
5433
2306
5449
City tax sales, law governing, 732, 733
Claims against (see Claims), 4611-4622
Confirmation of sales under de-
crees 4856
Constables, sales by 4165, 4166
Continue from day to day 5456
County court process, sales under, 4216
Courts may set aside 5427
Covenants running with land,
purchaser may enforce .... 5450
Cumbersome articles, sale of.... 5455
Dispossess, whom officer may. . . .
5419, 5451, 5468
Equity in land, sale of 5432, 5434
Execution sales (see Executions;
Levy and Sale) 5455-5466
Injunction of 4915
Law governing (see Execu-
tions; Levy and Sale).. 5425-5467
Executors' sales (see Executors)
3316, 3445-3463
Expectancy, sale of 3537, 3452
Foreign administrators, sales by, 3524
Foreign guardian's authority to
sell 2597
Forthcoming bonds may be given,
when 5435-5437
Franchises of private corpora-
tions, salable assets 6451
Rights of purchasers 6451
Fraud of officer binds him 5449
Growing crop, to be sold, how. .
3131, 5425
Guardians' sales (see Guardian
and Ward) 2547, 3445-3463
Claims at 4630-4633
How made 2547, 3452
Sales for re-investment. . 2445, 2546
Heavy articles, how sold 5455
Homestead, affidavit to authorize
sale of 2850
Sale of, for re-investment, 2847, 2848
Sale upon application of bene-
ficiaries 2824
Illegalities (see Illegalities of Ex-
ecution) 4736-4742
Inverse order of sale 5424
Judicial sales, law governing, 5446-5454
Passes title 5446
Such title is original 5447
Title deeds back of, need not be
shown 5447
Less than fee, sale of 5432-5434
Liens, how satisfied 2818, 2819
Separate parcels subject to,
sale of 5424
Life estate, purchaser of, gives*
bond 3097
Machinery, how sold 5455
Manner of sales under execu-
tions 5455
Memorandum unnecessary 5448
657
INDEX.
Sa
CIVIL LAW.
Sales, Public — Continued.
Mortgaged property, sales of . . . .
2742, 2757, 2767
Notice, published once a week
and for four weeks 5458
Officer may sell, how and when . .
2850-2852
Duty to put purchaser in pos-
session 5468
Fraud of officer binds him.... 5449
Possession of land to be given
by 5451, 5468
Possession, how obtained 5469
Void mortgage sale, purchaser
at 5471
Void sale, defendant bound by,
when : . . . 5472
Warranty binds, when 5449
Widow and lessee cannot be
dispossessed 547,0
Order of levy and sale 5424
Out of his county, officer not to
sell land 5428
Perishable property, sale of, 5463-5465
How sold 5465
Live stock, fruit, etc 5464
Notice, levy of 5464
Tax, ft. fa., sale under 5465
Pawn, sale under execution .... 2962
Pawnee's sale of things is
pledged 2958
Personalty, not sold without ac-
tual seizure 5452
Future interest in, not subject
3537, 5452
Judgment lien, attaches to such
interest 5452
Place, time, and manner of sale. . 5455
Possession, how obtained 5469
Officer shall put purchaser in. . 5468
Purchaser to have 5451
Power of sale, sales under 4023
Purchaser must look out for him-
self 5449
Need not trace funds 5454
Need not go behind judgment. . 5447
Right to enforce covenants. . . . 5450
To be put into possession .... 5468
Railroads, sale of.. 2167 (11, 12), 2168
Receiver's sale, divests lien 4911
Separate parcels subject to lien,
sale of 5424
Setting aside execution sale.... 5427
Sheriff's sales (see Sheriff's
Sales) 3455-5472
Advertising fee in advance .... 5461
Advertising, rates of .... 5459-5462
Buy at, sheriff or deputy can-
not 4384
Choses in action, not subject
to 5353
Claims against 4611-4622
42— Ga. Code
County court process, sales un-
der 4192, 4216
County of sheriff, sale to take
place in 5429
Dispossessed under, who may
be 5451, 5468, 5470
Duty and liability as to
4380, 4769, 4770
Duty as to 4380, 4770
Failure of officer to make 4770
Form of action against sheriff, 5467
Future interest in personalty,
not subject to 5452
Governor may purchase at,
when 127
Homestead not subject to, 2827, 2866
Illegalities at (see Illegality of
Execution) 4736-4742
Injunctions against 4915
Land held under bond and
partly paid for 5432
Sales for purchase money of,
2788, 5433
Law governing sales by. . 5425-5467
Levy made by constable
4165, 4168, 5429
Partner's interest not subject
to 2661
Personalty, future interest in,
not subject to 5452
Personalty hired, may be sold,
when 2913
Purchase money, preferred lien
for 2788, 5433
Purchaser at, liability of 5466
Purchaser may record ft. fa ... . 3625
Purchaser of life estate, gives
bond, when 3097
Purchaser, rights and duties of
5449, 5454
Record, sheriff's duty to keep.. 4380
Returns of, amendment of, 5116, 5117
Tenant's usufruct, not subject, 3115
Title acquired under 5446-5454
Title by judicial sale .... 5446-5454
Toll cotton, when subject to.. 5354
Void sale, purchaser gets what,
5471, 5472
Stock shares, how sold
4168, 4535, 4536, 5430
Administrator, sales by 3451
Tax sales, perishable property. . 5464
Sales for taxes, by cities. . . . 732-735
Sales for county taxes .... 905-917
Title not in defendant, levy and
sale, how made 5432-5434
Official irregularities not affect, 5454
Succeeding officer makes, when, 5453
When pass by judicial sale. . . . 5446
Trace funds, purchaser need not, 5454
Trustees, sales by (see Trusts
and Trustees) 3173, 3452
Claims at 4630-4633
Sa-Sc
INDEX.
658
CIVIL LAW.
Sales, Public — Continued.
Void, sale binds defendant, when, 5472
Mortgage sale, purchaser at. . 5471
Warranty by officer, effect of . . . . 5449
Writ of possession, lessee cannot
be dispossessed, when 5470
Written contract of, required,
when 2693 (7)
Sale to Secure Debts 2771-2777
Absolute deeds and not mort-
gages 2771
Attestation of deeds or bills of
sale 2773
Conditional sales, how executed, 2776
How recorded 2777
How foreclosed 5432-5434
Liens against vendee not at-
tached 2775
Reconveyance of property con-
veyed 2774
Record of such deeds 2772
Of conditional bills of sale 2777
Saloons (see Bar-rooms; Liquor).
Salt.
Inspector, city's right to appoint, 1600
Salvage.
Insurance (see Insurance) 3132
Sample.
Fertilizer, sale of, by 1571-1578
Sanitary and Police Regulations
1409-1550
Sanitariums (see Georgia State
Sanitarium ; Sanitariums) ....
6500-6503
Satisfaction.
Accord and Satisfaction (see that
title) 3722-3736
Concurrent actions allowed until
satisfaction had 4945
Executions, satisfaction of. . 5442-5445
Judgments, satisfaction of results,
when 5442-5445
Liens, law governing 2815-2819
Judgment liens 5442-5445
Mortgages 2737
Security deeds 2774
Torts, settlement, when allowed
3894, 3895
Agreement for, when criminal, 3895
Saving Institutions.
Laws applicable to 2391
Sawmills.
Liens on, law governing 2809
Nuisances, abatement of, as.... 4764
Sawmill liens 2787 (10)
Scales.
Turn of 1602
Schedules.
Assignment of creditors 2704
Homestead, application schedule
to be full 2830
School Books.
Bible in schools 1365
Sectarian books forbidden 1365
School Commissioner, County.
Bond of 1366
Compensation of 1376
Contracts to be filed with State
School Commissioner 6320
Duties of 1370, 1374
Election, bond, etc 1366
Examination of 1366
Examination of teachers 6324
License to teach required 6324
License to teachers 1370
How granted 1371
Special license to teachers .... 1372
Permanent license 1372
License of teachers under seal.. 6314
Oaths may be administered by. . 1387
Oath of 1367
Office in courthouse 1375
Payments by, of sums due 1404
Removal of 1368
Report of, to grand jury 1388
Salary in lieu of per diem 6312
Scholastic month defined 6316
School books, board may pur-
chase 6317
Renting books to pupils 6319
Repurchase of books by board, 6318
Statement of sums due 1404
Seals, how paid for 6315
Seals to be furnished by State
School Commissioners 6313
Teachers, duties of 1374
Teachers, examination and li-
cense of 1370
Grading of applicants 1371
Revocation of licenses 1373
Unusual merit in examination, 1372
Teachers' license 1370-1373
Teachers' license, how regulated, 1373
Duties of teachers.
Teachers, how paid 6327, 6329
Teachers, reports of, at end of
term 1377
Vacancy in office, how filled.... 1369
School Courts 1364
School for the Deaf.
Indigent pupils, clothing for.... 6350
Railroad fare 6351
Persons who are entitled to ad-
mission 6349
Pupils of, who may become 6349
Railroad fare of indigent pupils. . 6351
School Fund.
Apportionment of 1382-1386
Appropriations in general bill .... 5772
Counties entitled to, when. . 1381, 1403
659
INDEX.
Sc
CIVIL LAW.
School Fund — Continued.
Defaulting turnpike companies,
collections from, go to 647
Estimate of 1407
Basis of estimate of sum for en-
suing year 1408
Law governing 1385, 1402-1408
Made up and raised in what man-
ner 1385, 5098
Paid out, how 1345
Poll tax paid to treasurer 1402
Raised how 1385, 5908
Taxation for, allowed by cities
and counties 5891, 5892, 5909
Taxes set apart to 5908
Unreturned property, proceeds
of 908
Schoolhouses.
Common schools 1363, 1386
County academies 1334-1337
Exempt from tax and levy and
sale 762
Schools (see Schools, Public).
Court, county board is 1364
Enumeration of school children. .
, 1389-1391
Georgia Military College 6335-6341
Incorporation of (see Churches;
Schools; Socities, etc.), 2351, 2352
Schools, Common (see Schools,
Public).
Schools, County 1353-1388
Board of Education (see Schools,
Public, below) 1353-1364
Compensation of members.... 1355
Constitution of board, election
of members 1354
Elections and removals... 1356-1366
Office of county board 1357
School district 1353
Sessions of board 1358
Books (see School-books below).
Control of school property 1363
County School Commissioners
(see that title) 1366-1388
Enumeration of school children. .
1390-1391
Evening schools 1380
Failure to arrange for schools .... 1382
Free tuition 1378
Funds and property of 1381-1386
Fund for, paid direct into treas*
ury 1402
Funds raised by State, apportion-
ment of 1381
Time of apportionment 1383
Local school laws, appropriation
of school fund 1406
Effect of 1406
Manual labor schools 1379
New district, and employment of
teachers 1360
Property and funds of 1381-1386
Private teachers, public teachers
may contract for 1392
Reports, teachers to file 1377
School court 1364
School district 1353
School funds, what constitutes . . 1384
To be kept separate 1385
School property, control of 1363
Special system may be provided
for 1394
Sub-districts 1359
New districts, employment of
teachers 1360
Taxation, exempt from 1386
Teachers, examination, grading,
and license 1370-1373
Teachers for new districts 1360
Text-books 1365
Trustees, duties and powers of. .
1362, 1363
Trustees of subdistricts 1361
Duties of such trustees 1362
Vaccination of school children.. 1397
Schools in Cities.
Special system may be provided
for 1394
Schools, Private 1392, 1393
Conduct of private schools 1393
Public school teachers may con-
tract for private teaching. . . . 1392
Schools, Public (see Schools,
County).
Arbor day, to be set apart 1395
Observance of 1396
Bible not to be excluded 1365
Census of children 1389
Certificate or diploma, not entitle
to teach 6325
City schools 1394
Counties and cities, may tax for, 5909
County board of education (see
that title) 1353-1364
Compensation of members .... 1355
Composed, how 1354
Duties of board 1363
Election of members 1356
Powers of, as school court .... 1364
President of 1357
Removal of member of 1356
Secretary of board 1357
County School Commissioners
(see that title).
Diplomas or certificates, not enti-
tle to teach 6325
Of Georgia Normal College, li-
censes to teach 6334
Diplomas of other institutes not
entitle 6325
Enumeration of school children.. 1389
Estimate of school fund 1407
Evening schools 1380
Sc-Se
INDEX.
660
CIVIL LAW.
Schools, Public — Continued.
Examination of teachers 6324
Finances systematized 1402-1408
Free to all children 1378, 5906
Funds of, how apportioned 1345
Appropriation of funds 1345
Distribution of funds
1345, 1382-1386
Fund for, estimate of 1407
Basis estimate of school fund
for ensuing year 1408
Fund raised for, paid directly
into treasury 1402
Georgia Normal College, gradu-
ates licensed to teach 6334
Industrial education in 1398
Institutes for teachers 1349
Law relating to public school sys-
tem 1338-1408
Local school not affected 5910
Local tax may be levied, how. . . . 1399
Existing local school system
not affected 1400
Vote for, how determined .... 1401
Manual labor schools 1379
Money, distribution of, 1345, 1382-1386
Orders on treasury 1347
Payment of teachers monthly. . 6327
Poll tax paid to treasurer 1402
Private schools 1395
Private teaching 1392
Proportion of each county paid to
its credit quarterly 1403
Public school system 1338-1408
Reports to grand jury 1388
Separate schools for white and
colored 1378, 5906
Scholastic month defined 6316
School books, board may pur-
chase 6317
Renting books to pupils 6319
Repurchase of books by board, 6318
School districts 1353, 1359
School fund, what constitutes 1384
To be kept separate 1385
School property 1363
State Board Commissioners 1342
Duties of board 1342-1352
Quorum of board 1357
Reports of board 1349
Secretary of board 1357
Session of board 1358
State Board of Education... 1339-1342
State school board, how consti-
tuted 1338
An advisory and appellate body, 1342
Meeting of board 1339
Powers and duties as to be-
quests 1340
Seal of board 1341
State School Commissioner, pow-
ers and duties (see State
School Commissioner) . . 1343-1352
Sub-districts 1360
Trustees of, and their duties . .
1361, 1362
System provided 5906
Taxation in county for public
schools 1399-1401
Property exept from 1386
Teachers, how paid 6327, 6329
Teachers' institutes 1349
Accounts of 1349
Teachers' license, under seal .... 6314
Terms of school, how fixed 6328
Text books 1365
Vaccination of pupils 1397
Year coincides with calendar
year 1405
Vaccination of scholars 1397
School System, Public 1338-1408
City schools 1394
Common schools (see Schools,
Public) 1338-1342
Constitutional provisions affect-
ing 5906-5910
County organization 1353-1365
County school commissioner, 1366-1388
Enumeration of school children..
1389-1391
Industrial education 1398
Law regulating 1338-1408
Private schools 1392-1393
State School Commissioners, pow-
ers and duties (see State
School Commissioner) ..1343-1352
Scienter.
Proof, when required 3814
Scire Facias.
Amendable 5108
Parties, contents of scire facias. . 5027
Scire facias, how issued and
served 5028
Revival of judgment on original
suit 5380
In favor transferree 5384
Service on nonresidents 5382
Superior courts, power to issue
writs 5846
Scrawl (see Seal).
Is a seal, when 5
Seal.
Agent of corporation, created
without ,3002
Assignment, seal not required in, 3682
Bar of instruments under, after
five years 3765
Bonds of officers not require 4 (7)
Comptroller-general, description
of seal 214, 215
Consideration, presumption of . . 3656
Contracts which must be under. . 3765
Suits on such contracts, when
brought 3765
Definition includes scrawl 5
661
INDEX.
Se
CIVIL LAW.
Seal — Continued.
Executive department 142
Great sea] of State affixed to pub-
lic documents .. 181 (2), 184, 5830
Includes what 5
Indorsement, seal not required in, 3682
Justices of the peace 226, 5214
Notaries public 505, 5235
Officers to keep, when 226
Public officers required to have, 226
Scrawl included in definition 5
Specialty, definition and rank of, 3634
Seal of Executive Department.
Devices of, where kept 142
Seal of State.
Description of 184, 5830
Kept by Secretary of State
181, 184, 5830
Secretary of State to affix 181 (2)
Where deposited and where fixed, 5830
Searches and Seizures.
Allowed under what circum-
stances 5713, 6017
Constitutional guarantee against
unreasonable 5713, 6017
Search Warrants.
Law governing 5713, 6017
Seats.
Female employees to be fur-
nished with 2621
Seat of Government.
Executive office to be kept at 143
Second Original.
Service of 4989
Secondary Evidence (see Evi-
dence).
Admissible in what cases
5167, 5174, 5239, 5340
Collateral and incidental papers. .
e 5244 (4)
Definition of 5164
Secret Societies.
Incorporation, rights of 2356, 2357
Secrets of State.
Evidence as to, when excluded.. 5198
Secretaries of Executive Depart-
ment.
Appointment of 134, 5822
Fees of, to whom paid 981
Salary of 282
Secretary of Senate 315-324
Assistants appointed by 319
Oath of 316
Bond of 320, 5787
Clerks, who he may appoint 319
Qualification and removal of. . 321
Close of session, duty at 306
Duty of, at close of session 306
Election and term of 315
Fees of 286
Index journal and deliver to
printer, duty to 1076 (4)
Joint assemblies, duty to aid in.. 234
Oath of 316
Assistant's oath 316
By whom administered 317
Pay of, and of his assistant
286, 318, 5787
Pay denied until papers filled.. 323
Term of office 315
Secretary of State.
Bond of 177, 5828
Certified copies received as evi-
dence 177
Bonds of agents, duty to keep, 181 (3)
Capital, shall reside at 178
Capitol, offices to be kept in 178
Charter renewals, regulations as
to 1836-1839
Clerk of, salary 282
Commissioner of public printing,
duty as . . 1071-1075
Consolidated with Surveyor-gen-
eral 181
Copy of records, duty to furnish. . 179
Corporate powers granted by.... 5780
Duties of 181-183
Election and term of office.. 176, 5823
Election blanks, duty to furnish
181 (6)
Election, bond and compensation, 175
Election returns of Governor,
duty as to 5807
Election returns to be made to..
5743, 5807
Election returns, quadrennial de-
struction of 183
Expenses of department, limited, 5828
Fees and perquisites denied 5829
Fees collected paid into treasury, 180
For recording corporation
bonds 1869
From building and loan asso-
ciations 2395 (4)
Fees of, and to whom paid 981
Grants, records to be kept of, 181 (3)
Great seal of State 184
Affixed to public documents, 181 (2)
Description and devices 184 (3)
Keeper of Great Seal 181, 5830
Office of, to be kept open daily. . 178
To be kept in capitol 178
Original journals kept in office. . 5768
Perquisites, not entitled to 180
Qualifications for office 5828
Records, duty to furnish copies.. 179
Duty to preserve 181 (1)
Residence to be at capitol 178
Returns of elections to be made to
5743, 5807
Reverted lands, to furnish lists of, 3240
Salary of 282, 5825, 5828, 5829
Salary of his clerk 282
Se
INDEX.
6$Z
CIVIL LAW.
Secretary of State — Continued.
Seal of State, duty to affix 181 (2)
Speculation in wild lands forbid-
den 182
Surveyor-general's office consoli-
dated with (see title Survey-
or-general) 181, 185
Term of office 176, 5823
Sects.
Religious sects, appropriations to,
forbidden 5711
Securities.
Bar of debt not prevent recovery
of 2735
Collateral security, law govern-
ing 2957, 3697, 4730
Insurance companies, required to
make deposit of 5791-5794
Negotiable instruments, law regu-
lating 3676-3690
Sureties, law governing (see Prin-
cipal and Surety; Sureties).
2966-2996
Transfer of note, carries security, 3684
Security Companies.
Law regulating (see Insurance
Companies, Fidelity or Guar-
anty) 2141-2144
Bond of, taken, when 247
Security Deeds and Bills of Sale.
Sales to secure debts (see that ti-
tle) 2771-2777, 5432-5434
Attestation of 2773
Bill of sale to personalty to se-
cure debt, foreclosure 6631
Defense thereto 6632
Conditional bill of sale 2776, 2777
Foreclosed in what manner
5432-5434, 6631
Defense thereto 6632
Recital as to receipt of purchase
money, not estop 3608
Recorded, how 2772, 2778
Satisfied on record, how 2774
Title, conveyed by 2771-2775
Title to cropper's crop in land-
lord 2139
Seduction (see Penal Code).
Action for lies in what cases. . . . 3870
Loss of service need not be
shown 3870
Persons who may sue for 3870
Seizures.
Allowed, when and how 5713, 6017
Levy on personalty, actual seiz-
ure necessary 5452
Self-Crimination.
Under compulsion, forbidden. . . .
5703. 6018
Senate of Georgia (see General As-
sembly).
Bond of secretary 5787
Clerical expenses of 5787
President of the Senate, election
of 294, 5757
Compensation of 309
Constitutional provisions . . . 5756-5760
Election returns and qualifica-
tion of members, each House
is judge of 5764
Impeachments, judgments in.... 5760
Impeachments, Senate alone can
try 5758
Impeachments, trial of 5759
Journals, kept and published.... 5767
Original journal, where kept. . 5768
Number of members 5745
Oath of members 5753
Qualification of senators 5756
Secretary, duty of, at close of
session 306
Salary of 286
Senatorial district 5745
One senator from each district, 5745
Districts changed, how 5746
Senatorial Districts (see Senate of
Georgia) 5745
Senate of the United States (see
Constitution of the United
States).
Classification of senators 5957
Composition of, and terms of sen-
ators 5956
Impeachments tried by 5161
Judgment on impeachments... 5962
Qualifications of senators 5958
Elected when and how 325-328
Vacancies during recess, presi-
dent's power to grant com-
missions 5993
Vacancies, how filled 5957
Separate Estates.
Administrators may invest in
land 3435
Form of words not necesary to
create 3150
Trust estate for wife, how cre-
ated 3150
Wife's property is 2474
Acquisitions of wife's, hers,
when 2476, 2492
Cannot bind separate estate for
husband 2488
May bind for debts, when 3187
Sale for husband's debts, void, 2488
Sale to husband or trustee,
valid, when 2490
Separate Examination of Witnesses
(see Witnesses).
Law governing 5280
663
INDEX.
Se
CIVIL LAW.
Separate Maintenance.
Wife, law as to
2456, 2472
(see
Sequestration of Witnesses
Witnesses).
Allowed, when 5280
Servant (see Apprentices and Ap-
prenticeship; Master and
Servant; Principal and
Agent) 2598-2625
Torts to and by servants . . 3816, 3817
Service of Process (see Petition and
Process).
Acknowledgement, amendment
of 5109
Administrators, service upon co-
administrators ; . . 3505
Appearance and pleading cure de-
fects 4981
Attachment bond of nonresident
plaintiff, service on security,
sufficient 5013
Bank, service on agent 1984
Bills of exception (see Supreme
Court) 5547-5551
Certiorari writ 4643
Coroners, service of process by. . 496
Corporations, how served
1893, 1899-1902
Service by publication •. 1902
Counties, service on county com-
missioners 340, 342
County court, service in different
counties 4202
Equitable petition, after appear-
ance, what service sufficient, 5693
Equity, service in 4973, 4975
Express companies 2005, 2006
Extraordinary process in equity.. 4968
Extraordinary service, judge may
prescribe 4975
Failure to elect, sheriff or clerk,
suitors may apply to adjoin-
ing county 4890
Failure to make, sheriff must
specify reasons 5683
Foreign fraternal beneficiary or-
ders, service on 6419
Illegality for lack of 4742
Indorser of suit out of county.. 5012
Insurance company, attorney
may be appointed to receive, 2058
Nonresident companies . . 2057, 2146
Foreign companies to designate
person for 2082
Joint contractors, service of one
or more 5009, 5012, 5014
Justices' courts summons... 4118-4121
Leaving copy 4985
Leasing railroad, service on 2337
President's address unknown,
procedure 2338
Lessee road, service on 2336
Minors to be served, how 4987
Mutual insurance companies in-
suring against loss by bur-
glary, service on 6408
Nonresident, service on 4975
In forcible entry and detainer
cases 4830
Nonresident corporation, notice of
traverse to garnishee's an-
swer 6224
Nonresident insurance compa-
nies 2057
Notice of commitment of chil-
dren 2379, 2380
Notice to produce papers 5249
Partnership, service of one binds
all, when 2638
Personal service 4985
Process, service of, how made. . 4985
Publication, service by, 1902, 4975-4980
Against resident corporations
1899-1902
Against resident mortgagors.. 2743
Contents of published notice. . 4978
Copy of petition to be filed 4978
Directed in what manner 4978
Judge may determine if service
properly effected 4980
Section 4976 is supplemental.. 4977
Railroads, service on 2335
Registrars summons 57
Rule against sheriff and deputy.. 4781
Rules nisi for new trials 5475
Sheriff sick, or a party 4986, 4993
Suits by or against a county. . 340, 342
Telegraph companies, service on, 2348
Too late, good for next term 4972
Traverse of entry of sheriff 4988
Waiver of 4981, 4983
Servitude.
Involuntary servitude forbidden
5713, 6028
Previous condition not affect suf-
frage 3065
Sessions of Courts.
Superior court 4340
Adjourned and special term.. 4345
Supreme court 5494
Sessions of General Assembly (see
General Assembly).
Annual session 5751
Prolongation of 5785
Special session, when called 5816
Set Aside Judgments (see Judg-
ments).
Perjury, judgment set aside for. . 5366
Motions to 5362
Set-off (see Recoupment 3745-3759
Account and set-off in equity (see
Equity) 3989-3996
Assignee of judgment protected. . 3748
Se-Sh
INDEX.
664:
CIVIL LAW.
Set-off — Continued.
Bar as affecting set-off, pleaded
but not adjudiciated 3787
Claims similar to plaintiff's, de-
fendant may set off 4944
Copy of, to be filed with plea 5642
Debts which may be set off
3746, 3747, 4944
Debts not due 3755
Pleaded to attachments 4559
Definition of 3745
Distinguished from recoup-
ment 3757
Dismissal after set-off filed 3754
Not allowed to prejudice 4970
Equitable set-off 3996
Estates, plea of set-off against... 5085
Improvements of land, may be set
off, when 3753, 6653
Set-off in ejectment, when.... 5087
Judgments, set-off of 3748, 5086
Assignee's rights not affected. . 3748
Judgments for excess 5088
Justices' courts, judgments in
cases of set-off 4159
Legatee or distributee, set-off by, 3752
Limitation of set-off 5089
Mutual, debts must be 3747, 5084
Nature of defense 3745
What may be set-off 3746
Negotiable instruments, set-off
against 3750
Partnership debt, set-off against
surviving partner 3747
Plea of, requirements as to 5084
Filed, when 5642
Principal and surety, set-off of
debt by principal 3747
Recoupment (see Recoupment) . .
3756-3759
Recoupment differs from, how, 3757
Savings in favor of assignee, and
judgment 3748
Testator's or intestate's debt.... 3751
Usee, set-off against, when al-
lowed 3749
Settlement (see Accord and Satis-
faction) 3732-3736
Administrators, settlements with
3493, 3498
Compromise, settlements by, 3732-3736
Criminal offense 3894
Executors, settlements with, 3316, 3497
Guardians, settlements with, how
made 2557-2565
Basis of 3497, 3498
Torts, satisfaction of 3894
Trustees, settlements with 3497
Severable Contracts (see Con-
tracts).
Law governing 3438
3541, 3643, 3666, 3675, 3726, 3793 I
Severance.
Detached things become person-
alty (see Fixtures; Realty).. 3050
Sewing Machine Companies.
Agents of, how taxed 6044
Shell Roads 2368-2371
Sheriffs 4368-4386
Abuse of prisoner forbidden 5706
Administration cast on, when. . 4230
Advertisement contracts. . . 5462, 6204
Notice of change of paper,
duty to give 5460
Amendment of entries and re-
turns 5116, 5117
Attend court, duty to 4380
Bench warrant dockets, duty to
keep 5685
Bond of, and how conditioned 4372
By whom examined and ap-
proved 257, 4373
Bond to be recorded 4374
Judges of superior court, when
examine bond 4375
Sheriff's deputy succeeding to
office, other sureties required, 4376
Books and dockets of 4380
Books, when full, to be depos-
ited in 'clerk's office 4383
Buying at his own sale forbidden, 4384
City courts 4290, 4291
Compensation where no fees
fixed 5402
Constables, appointed by 5684
Names of four to be returned
to court for service 5684
Sheriff cannot be 4091
County courts, ceo officio officers
of 4192
Courthouses, jails, etc., is keeper
of 354
Death of sheriff, suits against sur-
vive 5040
Defaulting sheriffs, how punished
4386, 4779
Defective process, cannot defend
by, when 5096
Deputy, sheriff may appoint, 4378, 4986
Subject to rule 4781
Dockets and books of 4380
Bench warrants, docket, duty to
keep 5685
Duties of sheriff specified 4380
Election and qualifications
80, 96, 97, 100, 4368
Entries of, traversable 4988
Escape, sheriff's defense to action
for 5096
Execution of process, duty as to. . 4380
Ex officio for city court 4290
For county court 4192
For justice's court 4381
665
INDEX.
Sh-Si
CIVIL LAW.
Sheriffs — Continued.
Failure to elect, suitors may ap-
ply to adjoining county .... 4990
Fees, entitled to what 4385
Compensation for services not
embraced in schedule.. 4385, 5402
Duty and liability as to. . 5408, 5462
Extra compensation, when al-
lowed 4385, 5402
Fees where they use or hire out
the property 4385
For advertising to be paid in
advance, when 5459, 5461
Affidavit to excuse nonpay-
ment, when 5459
For making out and executing
titles to land 5401, 6203
Revenue stamps to be
added 6203
For opening private ways. . . . 681
Levying tax ft. fa 905
Schedule of 5401, 6203
Fees of deputy sheriff 6230
Paid, how 6230
Ft. fa. for and against, how di-
rected 5414
Grand jury, sheriff's report to, 364, 366
Illegality, duty to receive.. 5661, 5662
Jailer, sheriff liable for miscon-
duct of 4379
Justice's processes, sheriffs may
execute 4381
Levy or service not made, reasons
to be specified 5683
Liability of, to suits, etc 4769
To action or rule 4770
Money collected by, may be de-
manded 4771
Liability for twenty per cent.
per annum for refusal 4771
Service of demand, how proved, 4772
Money rules, practice on 4776
Duty to give lien holders notice, 4776
Oath of office 4371
Where filed 238
Oaths, sheriffs may administer.. 4382
Office, where and how kept 4377
Out of his county, sheriff may
sell land 5428
Part of property unsold, sheriff's
duty to state cause and give
description 5683
Party, sheriff being, execution,
how directed and executed.. 5414
Penalty for default 4779
Prisoners, duty as to 4380
Purchase at own sale, forbidden. . 4384
Rule against, answer to 4775
After going out of office 4773
In vacation 4774
Service of 4781
Sales by (see Sheriff's Sales, un-
der Sales, Public) 5435-5472
Service or levy not made, reasons
to be specified 5683
Sheriff's sales (see Levy and
Sale; Sales, Public) 5455-5472
Sick or a party, service of pro-
cess made by whom 4986
Successor of, may make titles to
purchaser at judicial sale. . . . 5453
Supreme court (see Supreme
Court) 5523-5525
Court may appoint 5523
Salary of 5524, 5525
Surety for tax collector, ineligi-
ble 4369
Tax collector, when such ex offi-
cio 958-960
Tax levy to pay 404 (3)
Term of office 98, 6117
Traverse of entry of sheriff 4988
Of sheriff's answer 4775
Vacancies in office, how filled 4370
Coroner to act as, when 4370
Sheriff's Sales (see Levy and Sale;
Sales, Public 5455-5472
Shifting. Trust.
Exists in what cases 3154
Shingles.
Inspector, city's right to appoint, 1600
Shipping (see Maritime Force; Pi-
lots and Pilotage).
Short Homestead (see Short or
Statutory Homestead, under
Homestead and Exemption).
Shows and Exhibitions.
County charges for 421, 1530
Defense of persons taxed 1527
License of ' 702, 1526
Showing without, penalty for...
424, 1526, 1527
Signature.
Acts of General Assembly . . 5776, 5785
Initials used in suits 4942
Mark included 5
Voters' book, prima facie evi-
dence 43
Wills, signature to, how wit-
nessed 3272
Sign Boards.
Road, to be placed on every.. 552-555
Silence.
Admission, silence, when amount
to 5155, 5195
Effect of 5195
Failure to answer letter, effect of, 5155
Frauds by acts or silence 3823
Simple Contracts.
Defined 3635
Limitation of actions on 3767
Parol or written contracts 3636
Si-So
INDEX.
666
CIVIL LAW.
Sinking Fund (see Bonds of the
State).
Cities, sinking fund of 761
State debt, provided for 5901
Tax assessment for 1901 and 1902, 6042
Tax levy for 1899 and 1900 6038
Levied how, and how applied, 6039
Payment of bonds 6040
Sites, County (see County Sites).
Slander (see Libel).
Charges in reference to vocation,
disease, etc 3837
Definition of (see title Libel) . . . 3837
Intercourse with a person of
color, charged 3838
Liberty of speech guaranteed . . .
5712, 5766
Limitation of action, two years.. 3900
Malice inferred, when 3833
Malicious use of privilege 3841
Privileged communications 3840
Special damages must be shown,
when 3837
Title, slander of 3883
Truth justifies 3839
Slavery.
Constitutional inhibition . . . 5714, 6028
Involuntary servitude, shall not
exist 5714, 6028
Previous condition not effect suf-
ferage 6035
Slaves.
Claims on, not to be paid. . . 5714, 6033
Importation forbidden 5375
Sleeping Car Companies (see Rail-
roads).
Police power of conductors C444
Separation of white and colored
passengers C443
Penalty for passenger remain-
in wrong car 6443
Taxes, arbitration of differences. 808
Smallpox (see Health, Hospitals,
Infection, and Quarantine).
Cities may destroy house to pre-
vent 1456, 3056
Expenses of quarantine 1474
Hospitals, how established 1472
Quarantine regulations and ex-
penses 1473, 1474
Persons concealing, indictable . . . 1468
Preventing spread of. . 1468, 1472-1475
Vaccination of school children...
1397, 1475
Vaccine, how distributed 1475
Social Status.
Shall never be subject of legis-
lation 5715
Societies (see Churches; Schools;
Societies; etc.) 2351-2362
Incorporation of 2357
Rights of incorporators 2356, 2357
Soldiers (see Confederate Soldiers;
Military Forces ; Volunteer
Forces).
Confederate soldiers, pensions . . .
1250-1253
Disabled soldiers to peddle with-
out license 1642, 6146a
May act as fire insurance
agents or solicitors 6147
Maimed may peddle without li-
cense 1642
Pensions for maimed and infirm
Confederate soldiers 1250-1253
For aged and infirm Confed-
erate soldiers 1254-1261
For widows of Georgia Con-
federate soldiers 1262-1266
Poll tax not required on whom. . . 766
Quartered on citizens, not to be. . 5716
State military law 1094-1249
United States, soldiers of, not
vote in Georgia 5737
Soldiers' Home (see Confederate
Soldiers' Home of Georgia) . .
6567-6572
Solicitors.
Attorneys at law 43^6-4445
County court solicitors 4188
Service on solicitor, not affect. . 4975
Solicitors-general 4387-4395
Attaching his resident county to
another circuit, not deprive
him of his office 4391
Certificate of service in cases
where no fee allowed 288
Duties of 4387-4395, 4761, 5862
Election and term of office 4387
Election by General Assembly, 295 (4)
By the people 1, 3, 6212
Failing to attend court, liable to
fine 6394
Fees of 287
Public nuisances abated by 4761
Oath of office 4388
Penal actions, prosecuted by, 4761, 4933
Pro tern solicitor 4395
Qualifications 4390, 5866
Rule, subject to 4393
Salary of 287, 5864
Salary may be changed, how. . 5865
Tax collectors defaulting, report
of execution against .... 206 (10)
Term of office 3, 4387, 5861, 6212
Vacancies, how filled
3, 4389, 5863, 6212
Sovereignty and Jurisdiction of the
State 21-24
Jurisdiction as to persons. ... 22, 1815
As to places 21
667
INDEX.
Sp-St
CIVIL LAW.
Speaker of the House of Represen-
tatives (see General Assem-
bly; House of Representa-
tives,. State).
Election and rights of
231, 294, 317, 5762
Special Bailiffs.
County court 4189
Superior court 4449, 5684
Special Bills.
Provisions as to.. 314, 319, 5732, 5778
Special Damage (see Damages).
Definition of 3910
Public nuisance, special damage
gives action for 3859
Shown in what cases 3807
Special Demurrer (see Demurrer;
Pleading).
Filed when, and effect thereof. .
5048, 5064, 5068
Special Legislation.
General laws not to be varied by, 5732
Special Partners (see Limited Part-
nership).
Special Pleading (see Pleading).
Generally, not admissible
4840, 4995, 5063, 5067
Required in what cases .... 4840, 5050
Special Privileges or Immunities.
Irrevocable grants of, forbidden. . 5731
How and when granted 5730
Special Terms.
Superior courts 2349,4345
Special Ways 674
Special Verdicts.
Equity, special verdict upon facts
in 4849, 4850
Trespassers, verdicts against.... 3915
Trover, verdict in 3887, 3920
Specialties.
Defined
Limitation of suits on
Promissory notes payable in, 3677,
Specific Performance 4036
Ability of complainant to comply,
Contract, unfair or unjust, may
justify refusal
Creditor's promise, not decreed
as to
Damages, where specific perform-
ance impossible
Decree for, passes title
Recorded like deed
Decreed in equity, when
Defects in vendor's title, trifling,
Inadequacy of price, may justify
refusal
Marriage contracts 2480,
Meritorious consideration coupled
with valuable improvements,
3634
3765
3678
■4042
4041
4040
4039
4042
4852
4852
4036
4041
4040
2486
4039
Parol contract for land 4037
Part performance which is suffi-
cient to justify a decree.... 4037
Part performance which is suffi-
cient to justify a decree. . . . 4037
Personalty, specific performance
as to 4038
Statute of frauds as affecting. . . . 2694
Title passes by decree for 4852
Voluntary promises, not decreed
as to 4039
Meritorious consideration,
coupled with valuable im-
provements 4039
Specific Tax.
Collections, duty of collector to
report 799
Dealers to pay taxes before com-
mencing business 795
Fees of ordinary and collector... 800
Grand jury to inspect registry of
801, 951
Liquor dealers, specific tax on. .
790-801
Duty of dealers to register. . . . 791
Notice of registry to comptrol-
ler 792
Penalty against tax collector. . . . 797
For not registering and paying, 796
Quarterly report to Comptroller-
general 952
Register books, duty of comptrol-
ler to furnish 798
Registry of dealers, tax collector
to keep 794
Registry of dealers to be kept by
Comptroller 793
Statement of, to grand jury .... 951
Speech, Freedom of.
Constitutional guarantee as to... 5712
In legislative debate 5766
Spendthrifts.
Trusts, creation of, for 3149
Spirituous Liquors (see Liquors)
1519-1550
Squatters.
Ejected in what manner. . . . 4808, 4812
Staff Officers.
Governor's staff 1096
Stafford's Office Calendar.
Legal evidence 6641
Stakeholders.
Bound to pay back the deposit, if
demanded 3721
If already paid over to winner,
protected 3721
Interpleader compelled at in-
stance of 4896
Stale Demands.
Equity, doctrine of (see Equity), 3775
St
INDEX.
668
CIVIL LAW.
Stallions.
Gelded, may be, when 1756
Liens in favor of owners of, 2787 (12)
Liens on get of 2811
Standards of Weights and Meas-
ures (see Weights and Meas-
State Aid.
Sects of religionists, state aid to,
forbidden 5711
State Bank Examiners 1912-1920
Examination of banks 1921-1928
Report of 1947
State Board of Education.
Appeals, how decided 1342
Board, how called together 1339
How constituted 1338
Is advisory and appellate 1342
State Board of Immigration (see
Board of Immigration).
State Board of Pharmacy.
Adulterated preparations, sam-
ples furnished for analysis . .
Adulteration of drugs, prosecu-
tion of dealers
Appointment of
Certificate of appointment
Duty of board
Fees and fines, how applied
Licenses, grant of
Permanent licenses
Meetings
Oath of members
Penalty for violating law
Permanent license
Registration of druggists and
apothecaries
Rules and regulations, may adopt,
Unlawfully compounding drugs . .
Exemption of certain persons. .
1500
1501
1492
1493
1496
1503
1496
1497
1495
1493
1502
1497
1498
1494
1499
1499
State Bonds (see Bonded Debt of
the State) 996-1013
Amounts of, and how payable. . . . 997
Authentication of 996
Cancellation of paid bonds
6041, 6042 (c)
Certain bonds declared illegal. .
5898, 5948
Coupons, how signed 998
Unsigned, how paid 999
Exchange of, when made 1001
Fiduciaries may invest in
2551, 3180, 3435
Lost or destroyed, how replaced, 1003
Negotiated, how 1013
New bonds in lieu of stolen bonds,
how issued 1006
Issued, when 1004, 1005
Paid, how disposed of 1007
Payable at what place 1000
Payment of bonds 6040
Assessment for 1899 and 1900. . 6038
State may sell to pay 5900
Premium on, part of State reve-
nue 979
Record of, kept in executive of-
fice 141 (3)
Redeemed by Governor's order,
when 1009
Redemption before due, annual
report as to 1010
Registration of 1011, 1012
Registration of coupons 1012
Registry of, to be kept by treas-
urer 199 (13), 201
Reissue of, forbidden 1002
Restrictions on power to issue. .
5888, 5900
Sinking fund for 1901 and 1902.. 6042
For 1899 and 1900 6038-6041
Standing appropriation to pay. . 1008
Stolen, new bonds, how issued. . 1006
Taxes raised to pay, separate ac-
count of 6042 (a)
University of Georgia, redemp-
tion of bonds ... 6332
State Bureau of Immigration.. 1730-1735
Commissioner of immigration. . . . 1730
Correspondence by him with
bureaus, societies, etc 1732
Funds to be used 1734
Handbook to be prepared, pub-
lished, etc 1733
Sale of handbook 1735
Information to be collected and
arranged by him 1731
State Capital.
Located in Atlanta 5931
Ordinances of convention of 1877
as 5945
State Chemist.
Assistants for, appointment, sal-
ary, etc 1559
Salaries, how paid 1560
State Depositories 982-995
Appointment of in various cities, 982
Bond to be given 985
Sureties, how released 988
Defaulting bank, bond of, sold... 991
Deposit, amount of limitation of, 989
Depositories provided for various
cities 982, 6137
Designation by Governor 983
Financial condition of, Treasurer
to advise 987
Funds held by, how and when
drawn 992, 994
To be held subject to Treasur-
er's checks 992
Governor to make terms with. . . . 984
Interest, contracts as to 984
Law governing 983-995
List of 982
Located in what towns 982
669
INDEX.
St
CIVIL LAW.
State Depositories — Continued.
Monthly statements' to be made
by 990
New depositories appointed,
when 986
Personal profit not to be taken by
officer 984, 5896
Receiving benefit from, a felony,
when 984
Removable for what cause 983
Selection and term of office. . 982-983
Sureties, how released 988
Tax collectors may pay funds at, 993
May also pay to treasurer .... 994
Term of office 983
Treasurer's bonds, law as to, un-
affected 995
State Flag (see Flag of the State).
State Geologist 1712-1725
Advisory board, constitution of . . . 1713
Appointment, qualifications, term,
and place of office 171Z
Assistants State ideologists 1715
Clerical work, office room, etc.,
how provided 1721, 6151
Duty of 1714
Expenses supervised by board.. 1720
Maps of surveys of, State prop-
erty 1725
Salary of 1722
Specialties, employment of .... 1723
Surveys, State geologist to super-
vise 1718
Of watercourses, lakes, etc.... 1716
Results of, when published 1724
Special surveys not allowed... 1719
Topographers and drivers, ap-
pointment of 1717
Statehouse.
Governor's office to be kept in. . . 143
Statehouse Guards.
Appointment and removal of, 134, 147
Governor's power over 148
State Library 152
Catalogue of, to be kept by Libra-
rian 156
Commission created 6243
Compensation denied 6245
Duties of commission 6244
Kept in State capitol 152
Kept open to public 153
Owned by the State 1016
Subject to executive regulation.. 152
State Librarian.
Acts of Congress, how distrib-
uted 171
Acts of Legislature, distribution
of 167
Proceeds of sale, paid to Treas-
urer 170
Reserved copies 170
Appointment of 134, 149
Assistant librarian, salary of, 150, 282
Bond of 151
Catalogue, duty to keep 156
Congress, acts of, how distrib-
uted 171
Deliver contents of office to suc-
cessor 164
Distribution of books, laws, jour-
nals, etc 154, 165-175
Electrotype of Georgia reports.. 161
Plates, how kept 162
Exchange of reports with other
States 159
Fees of, and to whom paid 981
Female may be appointed 6155
Georgia Reports, counties, how
supplied with 173, 175
Journals of General Assembly,
distribution 166
Ordinary to keep 168
Library, duty to keep open for
public 152, 153
Office of, Governor's supervision
over 163
Preserve State library, duty to. . 153
Receipts for books distributed, to
take and file ' 155, 157
Removal of, by Governor 164
Reports of officers to be furnished
to 157
To be bound and preserved . . 157
Reprint of Georgia Reports 6242
Salary of 150, 282
Salary of assistant 282
Sale of supreme court reports... 160
Supreme court reports, duty as
to : . 160-162
Proceeds of sale of 158
Suspension of, by Governor. . 163, 164
Term of office 149
University of Georgia, books fur-
nished to 172
State Memorial Board.
Appointment of members 6518
Members serve without com-
pensation 6518
Confederate soldiers cemeteries,
investigating condition of 6518
Appropriations 6519 (c)
Report to Governor 6519 (a)
Submission of copy to .Legisla-
ture • 6519 (b)
State of Georgia.
Assumption of debts, forbidden.. 5895
Barred, when individual would be, 3777
Bonds of, and how payable (see
State Bonds) 998
Borowing money, requirements as
to laws for 5889
Boundary of (see Boundary of the
State) 16-20
Bridges between States 372, 374
St
INDEX.
670
CIVIL LAW.
State of Georgia — Continued.
Debt of State, public property
pledged for 5900
For what contracted 5888
Treasurer's report of .... 199 (13)
Debts due to, Comptroller's an-
nual report 209 (3)
Evidences of 206 (9)
Governor's authority to sue for, 126
Record book of 141 (4)
Defend suits, Governor's duty to,
when 23
Disbursing agents, Comptroller's
annual report 209 (6)
Dues to, Governor may sue for. . 126
Estopped by illegal acts of offi-
cers, State is not 268
Fees, how charged to 5408
To be paid to treasurer for
State 981
Fiscal year begins, when 202
Flag of the State 1149
Franchises granted by, when ex-
clusive 3064
Jurisdiction as to persons 22
Extent of 1815
Lands owned by 1018
Law not bind, unless State
named 3
Lien in favor of, for taxes, estab-
lished 2787, 2791
Limitation laws apply to .... 3, 3777
Miscellaneous revenue of 980
"Old agency Reserve," owned by
State 1018
Property and buildings owned by
1014-1018
Governor's duty as to 122, 126
Public debt of (see Public Debt;
State Bonds) 996-1013
Public work for (see Public
Work) 6104-6108
Purchase of property by (see
Property Purchased by
State; Public Property) . . 127, 131
Rank and priority of tax liens..
2787, 2791
Revenue of, from taxation 767-886
From other sources 979-981
Service against, defense of 23
Sovereignty and jurisdiction of. .
21, 22, 24, 1815
State aid forbidden 5890
Statutes apply to, when 3, 268
Statutes of limitation apply to, 3, 3777
Stocks owned by the State 1019
Tax lien, binds, how 2791
Territorial jurisdiction of 21
Trial af cases when the State a
party, speeded 24
State Printer.
Printing, how done 1070-1075
State School Board 1338-1342
State School Commissioner (see
that title) 1343-1351
Appointment, terms, salary, etc., 5907
Office and duties 1343
Apportionment of school funds. . . 1345
Notice of apportionment 1346
Arbor day, duties in reference to
1395-1396
County school commissioner's
statements 1404
County institutes, duties in refer-
erence to 1349
Disbursement of school funds. . . . 1345
Duties of 1343-1352
Law as to 1338, 5907, 5908
Misapplication of funds, duty to
prosecute for 1348
Notice of appointment 1346
Oath of commissioners 1352
Oaths, authority to administer. . 1357
Order of commissioner as cash. . 1347
Reports, duty to make annually, 1348
Reports from county commission-
ers 1350
Salary and expenses of 1351
Seals to county commissioners,
duty to furnish 6313
How paid for 6315
Visits the several counties, duty
to 1344
State Seal (see Seal of the State).
State Stocks.
Specification of 1019
State Treasurer.
Account, duty to state on resign-
ing 196
Annual report of, when made and
filed 196, 199 (9, 13-16)
Bank accounts, record kept of, 199 (4)
Book examiner, duty as to, 1921, 1928
Bond of, and its conditions.. 188, 5828
Approval by Governor 190
Executions against securities.. 195
Insufficiency of security on.... 192
Lien from date 189
New bond, when required 192
Oath of security 189
Record of bond 191
Securities may fix sum of their
liability 189
Securities of, must justify 189
State depositories, provisions
as to, not affected 995
"Bond book," form and contents, 200
Bonds and coupons, cancellation
of (see State Bonds) .. 199 (14)
Cancelled and past due 201
Legislative committee's exam-
ination 201
Duty to keep book of 201
Books of accounts to be kept by
199 (2)
671
INDEX.
St
CIVIL LAW.
State Treasurer — Continued.
Cancellation of bonds and coup-
ons 199 (14)
Cash accounts, quarterly balanc-
ing 199 (5)
Check book and stubs to be kept
199 (6)
Clerk, authority to employ 198
Salary of 198, 282
Commissioner of public printing,
duty as to 1071
Common school funds, payment,
proportioning 1402, 1403
Copies of records, duty to fur-
nish 198
Defaulting, Comptroller-general
to state his account 197
Proceedings in 195-197
Depositories, may check from,
how 994
Deposits in bank, Governor's su-
pervision 199 (10)
Duty of 199
Educational fund 1384, 1402-1406
Election and term 186, 5823
Estimates and annual reports to
Governor 199 (7)
Examination of banks ? 1921-1928
Examination of office by Gov-
ernor 5821
Execution against sureties 195
Expenses of department limited. . 5824
Fees of, are part of State s reve-
nue 979, 981
Duty to pay fees into treasury, 198
Fees or perquisites not allowed
to 187, 5829
Fees and perquisites denied.. 5829
From building and loan associa-
tions 2403
Fire insurance companies depos-
its 5794
Fiscal year begins, when 202
Governor's superintendency over, 194
Lapsed appropriations 199 (15)
Ledger, and entries therein.. 199 (3)
Lien against sureties 189
Money, duty to keep safely.. 199 (1)
Oath and bond of 188, 5828
Office in capitol 198
Payment of salaries in advance
forbidden 199 (12)
Only to purposes of appropria-
tion 199 (8)
Only upon warrants. . . . 140, 199 (1)
Perquisites paid into State treas-
ury 187, 198
Profit from public money prohib-
ited 199 (11), 984, 5827
Public debt, duties as to 996-1013
Qualifications of Treasurer 5828
Quarterly reports to Governor. .
199 (9), 5902
Report of, when made
196, 199 (9, 13, 16)
Reports of, furnished State Li-
brarian 157
Residence at capitol 198
Resignation or removal of 196
Rights and duties 187, 199
Salary of 186, 282, 5824, 5829
Salary of clerk 198
School fund, duty as to
1384, 1402-1406
Securities on bond, executions
against 195
State bonds, registration of
199 (13), 1011-1013
State depositories, law as to 98, 995
Stock owned by State 1019
Summary proceedings, when in
default 195
Supervision of office by Governor
194, 5821
Suspension of 137, 193, 305, 5821
By General Assembly 305
By Governor 137
New appointment, in case of. . 138
Term of office 186
Use of public funds, forbidden..
199 (11)
Warrants, payments only upon, 199 (1)
Record of, duty to keep 199 (2)
State Treasury.
Common school funds to be paid
directly into 1402
Costs, supreme court sheriff's, to
be paid into treasury 5525
Fees of certain officers to be paid
into 981
Payments from, how made 140
Public money drawn from, by ap-
propriations only 5774
Warrants on, to specify fund.... 140
State University (see University of
Georgia).
Stated Account.
Surcharging and falsifying...
3994
Status of Citizens.
Social status not subject to legis-
lation 5715
Statute of Descent (see Descent;
Inheritance and Descent; Ti-
tle by Descent).
Rules of inheritance 3353-3358
Statute of Frauds.
Acceptance of bill of exchange. .
2693 (8)
Agreements not to be performed
within one year 2693 (5)
Auction sales, law not apply to. . 3527
Contract for sale of lands 2693 (4)
Contract fully executed 2694 (1)
Judicial sales, law not apply to . . 5448
St
INDEX.
672
CIVIL LAW.
Statutes of Frauds — Continued.
Marriage agreement made upon
consideration of .. 2693 (3), 5272
Obligations which must be in
writing 2693
Exceptions 2694
Part performance 2694 (3), 4037
Performance which has been ac-
cepted 2694 (2)
Promise by executors, etc., to an-
swer personal 2693 (1)
To answer for anothers debt..
2693 (2)
To revive a barred debt 2693 (6)
Sale of goods above fifty dollars'
value 2693 (7)
Trust, law as to 3153
Wills, law as to 3272
Statute of Limitations (see Limita-
tions of Actions) 3760-3778
Statute of Uses.
Contingent and shifting trust 3154
Execution of trusts 3156
Executed and executory trusts.. 3157
Gifts between near relatives, pre-
sumption as to 3160
Implied trusts 3159
Parol evidence as to 31bl
Precatory words 3162
Resulting trusts 3155
Statute of Wills (see Wills).. 3253-3358
Statutes (see Laws).
Amended, how 5779
Code sections, how amended or
repealed 5779
Construction of, law governing
(see Construction of Stat-
utes) 4
Enactment by General Assembly
5764-5785
Limitation, law governing 3766
Local and special laws, 319, 5732, 5778
Matter not expressed in title, not
to be embraced 3771
Meaning of words in 5
Obligations of contracts not to be
impaired 6
One subject-matter only to be ex-
pressed 5771
Retroact in what cases 6
State, when bound by 3
Unconstitutional, declared void.. 5733
Statutory Award (see Arbitrament
and Award) 4485-5409
Statutory Proceedings.
Code not repeal or affect 4972
Staves.
Inspector, city right to appoint. . 1600
Merchantable, pipe, hogshead,
and barrel staves 1600 (8)
Stay of Executions (see Execu-
tions).
Executions, how stayed 5440
Bond to be given 5439
Security to have control, when, 5441
Justices' courts 4160
Supersedeas 5476, 5552
Statutory or Short Homestead (see
Homestead and Exemption)
2866-2875
Steam Boiler Insurance Compa-
nies 2069
General law applies to 2069
Steamboats and Steamboat Compa-
nies 2787 (9)
Carriers, liability as 2266-2296
Incorporation of 2147
Liens on 2809
How enforced 2816
Rank of such liens 2806
Traffic of, law governing 2294, 2295
Steam Mills.
Laborers' liens on 2808
Liens on, law governing
2801, 2804, 2815
Stenographers.
Appointment of, by judges 4446
Duty of stenographer . . 4446, 4448
Oath of stenographer 4446
Compensation in civil cases 4447
Furnishing reports, etc 4448
Stenographic Reports.
Narrative form, must be reduced
to, in proof of evidence 5488
Supreme court (see Supreme
Court) 5520-5522, 6247
Stern's Calendar.
Dates proved by 5169
Stipulated Damages.
Recoverable, when (see Dam-
ages)
Stock and Inclosures (see Estrays;
Fences; Live Stock; Stock
Law) 1742
Impounded animals, how disposed
of, and damages, how as-
sessed 1775,
Redemption or replevy by
owner ,
Injuries to, by railroads (see Live
Stock, under Railroads), 2247-
Militia districts, fences around. . .
Law takes effect, when
Proceedings in case of damage
by animals
Stock and Stockholders 1888-
Administrators, investment in . .
Attachment levy on 4535-
Bank and other stock, how levied
upon by constable
Liability of stockholders
3794
1788
6152
6152
2262
1781
6154
1766
1898
3435
4537
4168
1911
673
INDEX.
St
CIVIL LAW.
Stock and Stockholders — Continued.
Stockholders suable, when .... 1975
' Canal companies, increase or dim-
inution of stock 1996
• Capital stock subscription before
organization, required, 1856, 2350
Corporations, cannot buy stock in
another 5800
Exception as to branch roads.. 5799
Defend suits against, stockhold-
ers may, when 1896
Equity will interfere, when 1859
Execution against stockholders.. 1894
Guardian's investment in 2551
Insurance companies, capital
stock 2013
Liability of stockholders...... 2029
Levy on stockshares 5430
How sold 5431
i Liability of stockholders . . 1888, 1892
After transfer of stock 1888
In case of failure of corporation
2350 (3)
Of bank stockholders, ceases,
when 1940
Of stockholder an asset 1890
Liability of stockholders to suit. . 1892
When corporation fails 1889
List of stockholders to be exhib-
ited 1891
Majority stockholders entitled to
control 1859
Minority stockholders, proceed-
ings by, when allowed 1860
Mutual subscriptions, good con-
sideration 3661
Names of stockholders, president
to give 1891, 1895
Navigation companies, subscrip-
tion for stock , 2152, 2154
Net profits of insurance compa-
nies, participation of stock-
holders in 2025
New issue of stock, attaches to
corpus, and goes to remain-
derman 3091
Notice to stockholders of suit,
and effect of 1893, 1898
Organization before capital sub-
scribed for 1856
Paid in, by insurance companies,
before beginning business... 2015
Personalty, shares of stock are. .
2016, 2155, 3070
Navigation company stock.... 2155
Railroad stockholders are not lia-
ble 2165
Rights of stockholders, 1854, 1859, 1860
Sale only by shares 5430
One share sold at a time 5430
Where sold 5430
Sale of stock by administrators . .
3225, 3451
43— Ga. Code
Service of process on stockhold-
ers 1893
State ownership of 979, 1019
Suits against corporations or
stockholders 1892-1898
Tax, what exempt from 762
Transfer of stock, liability of
transferrer 1855, 1888
By foreign representatives .... 3525
Of stock of railroads 2165
Transfer after levy, void 5430
Transfer, when complete .... 1855
Stock, Live (see Estrays; Fences
and Inclosures; Insurance,
Live Stock; Live Stock; Rail-
roads).
Stolen Goods.
Vendee gets no title, when 3538
Stoppage in Transitu (see Rail-
roads).
Assignee, right not exist against, 3553
Carrier, how far released by.... 2284
Right exists, when 228o, 3552
Strangers.
Admissions of, when received... 5191
Consideration moving from an-
other 3664
intervention by 4776, 4845, 4911
Cannot intervene before fore-
closure 2747
May intervene after levy 2769
Relief in equity, when granted to, 3972
Streams.
Boundary line between land .... 3058
Current changing, as affecting, 3058
Bridge or ferry rights over; 3063
Ditches and levees 3062
Diversion or adulteration 3057
Land cut off by running stream,
how processioned 3252
Navigable streams 3059
Adjacent lands, owner, rights
of 3060
Power of owner of 3161, 3879
Running water, right of owner to, 3057
Underground streams, interfer-
ence with, not actionable.... 3880
Street Railroads (see Railroads).
Competition, sell or lease to pre-
vent, prohibited 2184
Electric roads may sell light and
power 2181
General Assembly cannot author-
ize without city's consent... 5782
Incorporation of 2180
Lease or sell, power to 2184
Powers of 2180-2184
Privileges, how acquired 2183
Property for its purpose, may ac-
quire 2182
St-Su
INDEX.
674
CIVIL LAW.
Streets (see Municipal Corpora-
tions).
Assessments for improvements. . .
723, 724
Defects, city's liability for 749
Injuries, city's liability for 749
Justices of the peace to work,
when 753
Law as to .. 754
Military troops, control of, for.. 1178
Obstructions, not licensed 745
Powers and duties of town coun-
cil 696
Worked by whom, and how 701
Strikes.
Excuses to carriers, when 2283
Striking Jury (see Jury and Jurors).
Time allowed for 5672
Subcontractors.
Liens in favor of 2801 (2), 6176
Principal's liability for acts of. .
3041, 3118, 3819
Subject-matter, statute to contain
only one (see Statutes) 5771
Title, matter to be embraced in.. 5771
Subpoena (see Witnesses) 5260-5266
Accused, right to obtain witnesses
by 5702, 6019
Docket for 4360
Equity, process in 4975
Service of process in equity. . . 4973
Execution, subpoena is, when . . . 5261
Issue and service of 5260
Service of subpoena 5260
Subpoena Duces Tecum 5260-5266
Books may be examined by com-
missioners, when 5359
Commissioners to take deposi-
tions, may issue 6201
Penalty for failure to obey 5256
Production of papers required by, 5255
Issue, service, etc 5255
Secondary evidence, when re-
sorted to 5257
Transcript as a compliance 5258
Subrogation.
Defendant, where bound by void
sale 5472
Purchaser at void mortgage sale.
5471, 5472
Securities held by creditors,
surety's right to.. 2986, 2995, 2996
Surety's right to 2995
Rank of his claim 2993
Younger lien-holder 5432-5434
Subscribing Witnesses.
Production of, required 5244
Other proof, when allowed .... 5245
Subscription.
Corporate stock, subscription to, 1856
Mark of illiterate persons 5, 3273
Mutual, a valid consideration . . . 3661
Witnesses to will, signing by an-
other prohibited 3273
Substantial Compliance.
Attachment cases 4528
Sufficient, when 4
Substitution.
Legacies, rule as to substitution
in cases of 3333
Substituted service in equity .... 4975
Sureties as to securities 2996
Sufficient Evidence.
Definition of 5143
Suffrage (see Elections; Votes and
Voters).
Disfranchisement 5738
Electors in Georgia defined 5737
Exercised by ballot 72, 5736
Privilege of electors from arrest, 5739
Right of, constitutional guarantee
as to 6035
Suicide.
Policy of insurance, voided, when, 2118
"Sui Juris."
Domicile of persons who are not, 1830
Suits (see Abatement of Actions;
Actions) 4929-5141
Elect between several, plaintiff
compelled to 3737-3739
Informers, suits by, precedence
in 3740
Pendency of, in another State ....
3738, 3739
Summons.
Justices' courts 4118, 4122
Sunday.
Appeals, four days for, not em-
brace 4456
Attachments may issue on 4520
Last day falling on 4 (8)
Superintendent.
Lunatic asylum 1427, 142S
Western & Atlantic Railroad...
1025-1028
Superintendents of Elections 66
Oath of 67, 68
Superior Courts 4310-4452
Absence of judge, another judge
acts 4322
Adjourned, may be, when 4344
Cannot be adjourned by judge
in vacation 4344
Clerk may adjourn, when 4342
Adjourned terms may be held . . . 4S&
Juries for such terms 4345
Adjournment by clerk from day
to day , 4342
Judge failing t© attend, ©lerks
duty 4343
Time of adjournment 3346, 6191
675
INDEX.
Su
CIVIL LAW.
Superior Courts — Continued.
Vacation, adjournment in 4343
Appeal from one jury to another, 5847
Appellate jurisdiction 5845
Jurisdiction in certain cases, 4321 (3)
Attorneys admitted in 4397
Authority and jurisdiction of
4047, 4320, 5842, 5844, 5846
Limited to State lines 4330
Bail, authority to hear and de-
termine 4321 (4)
In actions ex delicto 4321 (1)
Bailiffs in 4449-4451
Oath of bailiff 4449
Bane, judges presiding in 4335
Minutes of proceedings 4336
Power, how used '. . 4337
What this law embraces 4338
Certiorari, authority to issue 5846
Grant of writs of 4321
Charters granted by 2350
Of towns and villages 683
City court judges may preside in,
when 5851
Clerk (see Clerk of Superior
Court) 4347-4367
Adjournment by, from day to
day 4342
Clerk's duty where judge fails
to attend 4343
Constables may be ruled in 4098
Names of four, to be returned
to court for service 5684
Constitutional provisions (see
Constitution of Georgia), 5839-5841
Contempt, authority to punish . .
4320 (5)
Contingent expenses, how paid . . 4341
Corporations, creation by
1835, 2350, 2364
Correct errors, power to 5474
Disqualification of judge, grounds
of 4045
Previous employment as coun-
sel, may be waived 4045
Divorce, jurisdiction to grant . . . 2425
Election and term of judges 4310
Establishment of lost papers, 4743-4752
Equity and law, merger of 5843
Equity jurisdiction 3921
Equity powers vested in, 3921, 4320 (2)
Exclusive jurisdiction of 5842
Habeas corpus, writs granted by. .
4321 (1, 4)
Penalty for refusing writ . . . ±. 4331
Impeachment of judge 4328
Injunction, writs of, granted by. .
4321 (2, 4)
Judges of, law as to (isee Judges
®f Superior Court) .
4310, 4338, 5839, 5841
Absence of 4322
Judge of another circuit acts, 4322
Act in other circuits, when 5839
Attaching his residence county
to another circuit, not de-
prive him of his office 4314
Charges to be in writing in
what cases 4318
Filed as soon as delivered... 4319
Disqualified, another judge ap-
pointed or procured... 4326, 5850
Duties of judge 4317
Election and term of, 4310, 5840, 5863
Election by General Assembly,
295 (4)
Eligibility to office of judge 4312
Impeachment for not procuring
within reasonable time 4328
Jurisdiction of 4316
Oath of 4311
Opinion on facts, not express. . 4334
Practice law, judges shall not. . 4313
Presiding in banc 4335
Salary of 287, 5864
Salaries may be changed,
how 5865
Term of office 5839, 5841
Vacancies, how filled 5863
Vacation, power of judges in. . .
4321 (5)
Writs and remedial processes
which may be granted by . . . 4321
Judges pro hac vice 4327
Appointment of judge by clerk, 4329
Judgment without a jury, ren-
dered, when 5848
Judicial districts and circuits . . . 4339
Jurisdiction 4820
General in civil cases 5844
Jurisdiction of the judges ....... 4316
Mandamus, power to issue writs. 5846
Writ granted by 4321 (1)
Minutes of proceedings, when sit-
ting in banc 4336
Power, how used 4337
What this law embraces 4338
Ne exeat, bills granted by . . . 4321 (2)
New trials granted only by
5473, 5474, 5847
Hearing in vacation 4323
Opinion on facts, judges not ex-
press 4334
Place of holding, other than court-
house 6219
Judgments, orders, etc., made
valid 6220
Prohibition, bill for 4321 (2)
Power to issue writs of 5846
Qualifications of judges 5866
Quia timet, bills of 4321 (2)
Quo warranto, granted by .... 4321 (1)
Rules of practice to be made by
convention of judges 4332
All other rules void 4333
Su
INDEX.
676
CIVIL LAW.
Superior Courts — Continued.
Rules of the superior courts (see
that title) 5632-5691
! Scire facias, power to issue writs
of 5846
Sections, different judges holding
in two or more 4335
Sessions of 5849
< - Sessions and adjournments...
j .......'. 4340-4346
[Sheriff, duty to attend sessions of, 4380
Special bailiffs, court must ap-
,: point ... . 5684
Pay of such bailiffs 4451
Payment of 4450
; Special charge as to public prop-
erty 360
r ; Tax receivers, law as to, given
Ji. in ..'....'. 937
- Special terms 4345
, Juries for such terms 4345
; Special terms to grant charters. . 2349
What corporations created by.. 2350
/Stenographic reporters 4446
. Supersedeas, grant of writs of . . .
;; 4321 (l)
Supervision over what judicial
, officers 4320 (4)
1 ' Term of judges 4310, 4347
j ,.Time and place of holding
4315, 4340, 5849
; Trustees, jurisdiction over 3166
1 Uniformity of proceedings re-
quired 5859
^Vacation, adjournment by judge
in, forbidden 4344
How adjourned 4343
Power of judges in.. 4321 (5), 4325
; Venue of suits in 5869-5874
' Visitorial powers 1853
Supersedeas (see Supreme Court).
, Affidavit in forma pauperis 5553
Supersedeas, how obtained . . . 5552
, Appeal from ordinary's court not
operate as, when 4454
Bill of exceptions is, when, 5552, 5553
Ceases, when 5598
Certiorari and notice thereof, is. .
4645, 4803
Injunction cases 4925
Motion for new trial is, when . . . 5476
Superior courts, grant of writs
by 4321 (1)
Supplemental Bills (see Equity).
. Amendment in lieu of 4969
Supplemental Homestead (see
Homestead and Exemption).
Allowed, when 2865
; Obtained in what manner 2865
Supplies.
Landlord's lien for (see Landlord
and Tenant) 2801, 3126
Support of Decedent's Family.
Law relating to 3465, 3473
Pending suit assigned to widow,
she may be made a party
thereto 5022
Support of Soil.
Law as to
Supreme Court (see Reorganization
of Supreme Court).
Abstract of case 5560,
Adjournment where insufficient
number of judges attend ....
Clerk or sheriff may adjourn,
when
May be adjourned to some other
place, when
Amendments which will void dis-
missal
Amended to conform to record,
Mistakes of clerk below, how
corrected
Announcement of decisions, mode
of
Appellate jurisdiction only exer-
cised by 5498 (1),
Arguments, extension of time of.
Third party in interest may be
heard
Time for, extended, when
Writing, attorneys may argue
in
How addressed and how filed,
Written arguments to be ad-
dressed to clerk, and filed
in office
Costs to be forwarded with
arguments
Duty of clerk as to
Attendance of judges
Attorneys liable for costs
Authority of
Benefit lost by negligence
Bills of exception, absence or
death of judge 5542-
Additional record, how pro-
cured
. Affidavit in forma pauperis, op-
erates as supersedeas, when.
5553,
Alimony cases 2468,
Allowed in what cases... 5527,
Alterations and changes, power
of judge to make.. 5528 (3),
Amendable 5570, 5571,
Amended by judge below
Assignment of error 5527,
Bail-trover cases 4609,
Brief of evidence, 5528 (1), 5529-
Certificate of judge, form of . . .
Certificate is writ of error . . .
Duty of judge to examine . . .
Time in which to be certi-
fied 5526, 5539,
3047
5628
5495
5495
5496
5570
5573
5574
5583
5836
5576
5581
5576
5577
5578
5578
5580
5579
5495
5591
5498
5572
5547
5536
5613
5540
5528
5530
5575
5534
5584
5540
5531
5532
5533
5534
5540
677
INDEX.
Su
CIVIL LAW:
Supreme Court — Continued.
Not in time, no cause of dis-
missal 6246
Change's may be made by trial
judge 5528 (3)
City courts 4307
Clerk of superior court, duty
of 5554
Copy of bill and transcript
and transmission thereof. . 5554
Filing bill in his office 5554
Mandamus against clerk or
sheriff 5555
Criminal cases, bill to be ten-
dered and signed within
what time . . . 5540
Service of such bill 5540
Transcript, when to be made
out and signed up 5540
Cross-bills of exception... 5527, 5535
Death of judge, how signed and
certified 5543
Dead or absent 5542-5547
Death of party, before tender-
ing bill 5544
Notice in such cases, how
given 5544
Parties made in supreme
court 5544
Diminution of record 5536-5538
Dismissal not allowed, when..
5532, 5547, 5563-5570
Duty of clerk as to fast writs. . 5558
Error, how assigned.. 5527, 5528 (1)
Evidence in record, instead of
in bill 5529
Exceptions pendente lite
5527, 5541, 6206
Assigning error on 5526-5535
Certification by the judge . . . 5541
Tendered during the term . . . 5541
Extraordinary remedies 5540
Ex parte proceedings 5550
Failing to arrive in time, stand
over till next term 5540
Fast bills of exception 5540
Filed in supreme court within
what time 5554, 5556
Case heard, though not arriv-
ing in time 5557
Final judgment only brought up
5526, 5527
Form of certificate of judge . .
5532, 5533
Habeas corpus cases, practice.. 6251
In forma pauperis
5552 (3), 5553, 5513
Injunctions or other external
remedies 4925, 5540, 5599
Judge dead or absent 5542-5547
Duty to examine and correct, 5534
Failing to sign, when com-
pelled 5546
Lie in what cases 5526, 5527
Mandamus, application for,
when made, 5540, 5555, 5623, 6291
Refusal to grant 4874
To compel judge to sign bill. 5546
Contents of petition .... 5546 (1)
Service and return of nisi, 5546 (2)
Mode of taking cases to su-
preme court 5528
Motion for new trial, bill of ex-
ceptions, where none 6241
New trial, exceptions on grant
or refusal of 5530
Alterations, power of judge to
make 5530
Nonresident defendant, service
on 5548
Clerk to mail notice 5549
Ex parte proceedings require
no notice 5550
Original to be sent up 5607
Parts of record which are to be
sent up 5528 (4)
Parties which are essential.... 5562
Pauper affidavit is supersedeas,
when 5552 (3), 5553, 5613
Pendente lite exceptions.. 5541, 5527
Quo warranto 5540
Pending case not carried up,
when 5526, 5527
Post office address to be added
to counsel's signature 6270
Record, facts to be specified, 5528 (1)
Refusal of judge to certify.... 5545
Compelled, how 5546
Rules of supreme court. . . . 5600-5631
Service of 5547-5551
Ex parte proceedings 5550
Criminal cases 5551
Service of copy on defend-
ants 5547
Service on nonresident de-
fendants 5548
Service of bill after filing 5565
Signing and certifying 5539
Specify error plainly, bill must, 5527
Supersedeas, how obtained....
4925, 5552
Affidavit in forma pauperis... 5553
Ceases, when 5598
Tendered in what manner, 5526-5536
Time of filing 5554, 5556, 5557
Transmission of, with record.. 5554
Writ of error 5526
Brief of evidence, what evidence
to be incorporated in
5528 (1), 4529-5531
File, duty to, when 5566-5572
Furnishing copy to opponent. . 5612
Rules relating to 5604, 5612
Written argument allowed, 5577-5580
Cases, how taken to 5526-5540
Carried to, when 5526
Su
INDEX.
678
CIVIL LAW.
Supreme Court — Continued.
Heard, though not sent up in
time 5557
Certificate of judge, not in time,
not cause dismissal 6246
Change of personnel of divisions
6209, 6255
Chief justice 5499, 5503
Circuits, order of 5559
Clerk of supreme court, law gov-
erning 5508-5514
Attestation of deeds and mort-
gages by 6205
Compensation of 5514
Costs, how taxed 5512
Funds arising from, how ap-
plied 5511
Deputy may be appointed by.. 5509
Duties of clerk 5510
Fast writs of error, duty as to. . 5558
Oath of office 5508
Oaths and affidavits, duty to ad-
minister 5510 (9), 6205
Term of office 5508
Concurrence of how many judges
necessary 5587
Contempt, for breach of rules. . . . 6301
Power to punish for 5498 (6)
Contingent expenses of supreme
court 5497
Continuance, when allowed 5582
Costs, attorney of plaintiff's lia-
bility for 5513, 5591
Collected, how applied 5511
Dismissed cases, casts in 5593
Entitled to judgment for, when, 5591
How taxed 5512, 5592, 5881
Judgments for plaintiff in er-
ror, when 5591
Plaintiff in error not to pay,
when 5881
Taxed in what manner 5512
Taxing costs by clerk 5592
To be sent with brief 5580
Cross bills of exceptions. . . . 5527, 5535
Damages where case taken up for
delay only 5594
Decisions at first term 5582, 5827
Entry of decisions on minutes. . 5586
How reversed 5588, 6211, 6264
Mode of announcing 5583
Number of judges who must
concur 5587
Transmission of 5595, 5596
Where judges differ 5589
Questions made to be decided,
and none others 5584
Reviewed and reversed, when. .
5588, 6211
Rule when the judges differ. . . . 5589
Unanimous decisions by full
bench 6211
Diminution of record 5536-5538
Disagreement, effect of .... 5587, 5599
Dismissal, amendment which will
avoid 5570
Cases in which dismissal is not
allowed 5567, 5571, 6246
Benefits lost by negligence. . 5572
Certificate lacking, no dismis-
sal for, when 5563
Date to signature wanting, no
ground for 5556
Fast writs not to be dismissed,
when 5564
Penalty, no case dismissed as a, 5568
Removable ground, no dismis-
sal for 5567
Service of bill after filing, no
ground for 5565
Technical defects, no dismissal
for 5569
When not allowed.. 5563, 5567, 5572
Disqualification of justices
4045, 5505, 5506, 5833, 5834
Docket and call of cases (see
Rules of the Supreme Court)
6282-6287
Arrangement of, to be pub-
lished 5510
Election of judges 295 (4)
Evidence in bill 5531
Evidence unnecessary, fact to be
stated 5528 (2)
Exceptions pendente lite .... 5526, 5541
Extraordinary orders, enforced
by lower court, when 5599
Fast writs of error, dismissal not
allowed, when 5564
Duty of clerk as to 5558
Hearing to be had at what time, 5558
Lie in what cases 5440
Following of bill of exceptions,
time of 5554
Governor to designate justices to
preside, when 5833
Incomplete record, how corrected, 5575
Injunction cases, hearing of 5558
Judgment and remittitur.... 5594-5599
Judgment affirmed, execution to
issue at once 5598
May be withheld 5838
When and how rendered 6290
Justices 5499, 5506
Appointment of 5499
Disqualified, Governor desig-
nates another 5505
Duty to attend court 5495
Election of 5863
Incapacitated, place of judge,
how supplied 5506
Number of 5832
Number which may hold court, 5503
Oath of office 5502
Persons eligible as 5500, 5866
Qualifications of 5866
679
INDEX.
Su
CIVIL LAW.
Supreme Court — Continued.
Salaries of 287, 5864, 5865
How salaries may be changed, 5864
Terms of office 5501, 5835
Vacancies, how filled 5504, 5868
Jurisdiction 5836
Mandamus, application for, when
made 6291
Against clerk of sheriff of court
below 5555
Hearing of 4875
To compel judge to sign bill.. 5546
When record incomplete 5538
Manner of taking cases to 5528
Minutes, how kept 6292
Mistake of clerk below, how cor-
rected 5574
Incomplete record, how cor-
rected 5575
Negligence, benefits lost by 5572
New trial, first grant of, not dis-
turbed, when 5585
Number of judges which may
hold 5599, 6258
Oath of justices 5503
Office papers 6293, 6293a
Officers of 5507
Number of cases from each cir-
cuit to be published 5560
Opinion to be transmitted to court
below, when 5595
Court to instruct clerk as to
transmission 5596
Order of cases by circuits to be
published 5559
Organization of, under old law. . 5499
Original opinions filed in clerk's
office 6293a
Parties essential parties 5562
How made in . . . . 5561
Making parties in 5561, 6294
Personnel of the two divisions:.
5626a, 6209, 6295
Place and time of sitting. . 5494, 5836
Powers of court enumerated....
4047, 5498
Power of, in each case 5586
Vested in how many judges ....
, 5499, 5832, 6258
Proceedings in open sessions and
in chambers 6296, 6297
Publication of decisions.... 5117 (2)
Republication of Georgia Re-
ports 6242
Quorum 5832
Rank of judgments acquired by. . 5350
Remitter, contents and certifica-
tion by clerk 5597
Rehearing 5628, 6298
Reorganization of 6252-6265
Change of personnel of divi-
sions : 6209, 6255
Concurrence of all the justices, 6258
Concurrence of how many
judges necessary to reversal, 6261
Court, as a whole, may decide
all cases 6259
"Court as a whole," means
what 6254
Decisions of, how reversed. . . .
6211, 6264
Designation of divisions 6256
Disposition of cases argued
prior to 1897 6257
Dissent by division justices, re-
argument, when 6260
Divisions, composition of 6255
Designation of divisions .... 6256
Justices sitting, equally divided,
effect of 6261
Mandamus, either division may
issue writ 6258
Minutes and reports to show
which justices concurred and
whici. dissented 6262
Powers of either division 6258
Presiding justices of divisions, 6256
Prior laws, how far of force. . 6265
Quorum of judges 6253
Rules of court, power to make, 6263
Sit in body or in separate divi-
sions 6253
Two justices only, presiding. . 6259
Reporter of supreme court. . 5515-5519
Appointment and oath of .... 5515
Assistant reporter, appointment
and salary 5519
Duties and salary 5516, 5517
Oath of reporter 5515
Salary of 287, 5516
Statement of case by 5628
Reports of, law as to
1077-1090, 5518, 6242
Rules of supreme court (see that
title) 5600-5631, 6266-6301
Power to make 6263
Rules of practice, power as to, 5498 (5)
Sheriff, additional salary to 6248
Amount of salary 5524
Appointment and term 5523
Assistants, no extra pay to.... 6249
Costs to be paid into the treas-
ury 5525
From what fund payable 6249
How payments to be made .... 6250
State constitutes one judicial dis-
trict 5493
Statement of cases 5560, 5628
Stenographers, appointment and
number 5520
Additional, appointment and
salary of 6247
Duties of stenographers 5521
Salaries of stenographers 5522
Supersedeas, how obtained. 4925, 5552
Affidavit in forma pauperis .... 5553
Su
INDEX.
680
CIVIL LAW.
Supreme Court — Continued.
Ceases, when 5598
Terms of justices 5501, 5835
Time and place of session. 5494, 5836
Transcripts to be labeled and
filed 5590
Transmission of opinion to court
below 5595
Supreme court to instruct clerk
as to 5596
Vacancies, appointees to fill terms
of 5835
Writ of error, certificate of judge
is 5533
Exceptions pendente lite, assign-
ing error in 5526
Pending case not carried up,
when 5526
Written arguments 5577-5579
Supreme Court Reports (see Geor-
gia Reports; State Libra-
rian) 158, 192
Printing and sale of 1077-1089
Reprint of 6242
Surcharging and Falsifying.
Stated accounts 3994
Sureties (see Principal and Surety;
Securities) 2966-2996
Administrator removed, liability
of sureties 3403, 3520
Liability of sureties of.. 3398, 3503
Appeal, surety's liability on .... 4464
Attachment, surety's or indorser's
right to 2979, 4525
Attorneys cannot be for county
officers 248
Bail-trover, sureties for defendant
in 4605
Bona fide purchasers, protected. . 2891
Bond forfeited, surety when re-
lieved 5781
Contract of (see Principal and
Surety) 2966-2996
Contribution between sureties ....
2987, 2989
Account for all received, surety
must 2994
Insolvent co-sureties' part borne
by solvent 2992
Interest allowed on sum paid, 2993
Right to 2992
Transfer of securities held by
co-sureties compelled 2994
Control of ft. fa., by surety 2986
By indorser, paying off 2990
County officers cannot be sureties
for each other 248
Deputy who succeeds sheriff,
sureties of 4376
Discharge of surety by act of
creditor 2972
By failure of creditor to sue... 2974
Discharged guardian, sureties re-
lieved, when 2533
Evidence, suretyship, proof of . . . 2984
After judgment, surety to give
ten days' notice 2985
Execution, surety's right to con-
trol 2986
Fact of suretyship not appearing
on contract 2984
Proof made by parol 2984
Surety to give ten days' notice, 2985
Failure of creditor to sue, surety
discharged by 2974
Fi. fa. against each other, control
of 2989
Against principal, sureties may
control 2986-2988
How levied on as such 3399
Foreclosure of mortgage, surety
or indorser, right of 2983
Of indemnification mortgage. . 2983
Guaranty and fidelity companies
as sureties on attachment
and official bonds (see Insur-
ance Companies, Fidelity or
Guaranty) 6620-6629
Guardian, bond of, void appoint-
ment 2554
Bound in what manner. . 2533, 2535
Misconduct of sureties, remedy, 2532
Suits against sureties of execu-
tors, guardians, etc 3503
Ignorance, promise of sureties in,
not binding 2976
Indorsers, attachment, surety's
right to 2979
Control by, paying off debt 2990
Mortgage for indemnification,
right to foreclose 2983
Innocent purchasers, protection of
bona fide purchaser against. . 2991
Insolvent co-sureties, part borne
by solvent 2992
Interest allowed on sum paid by. 2993
Judgment against sureties and in-
dorsers 5343
Against surety, effect of 2981
How signed against, 29'/ 7, 2978, 5343
Notice (after judgment), by
surety to prove fact of sure-
tyship 2985
Payment not made on judg-
ment 2981
Justices' courts, judgments, how
entered in 4158
Liability not to be extended 2995
Married women cannot be 2488
Mortgage for indemnification,
right of foreclosure 2933
Right of surety to take such
mortgages 2733
New sureties on guardian's bond, 2531
681
INDEX.
Su-Ta
CIVIL LAW.
Sureties — Continued.
Notice to sue may be given in
writing 2974
Form and register of notice 2974
Novation of contract releases.... 2971
Obligation of sureties 2966-2969
Official bond, sureties on 243, 268
Number, etc., on 246
Payment by surety or indorser en-
titles him to proceed 2980
Pay debt, and pursue principal,
surety's right to 2973
Payments pending the action.. 2988
Sureties sued separately, pay-
ing off 2987
Where surety sued separately. . 2987
Process against principal, right
to 2979
Surety's right to judgment
against principal 2979
Promise in ignorance, not bind.. 2976
Proof of suretyship 2y84, 2985
Purchasers, bona file, protected. . 2991
Release by creditor, effect of 2970
Act of creditor which will dis-
charge 2972
Rights of, on payment of debt. .
2980, 2981
Among themselves 2992-2994
As to third persons 2995, 2996
Separately sued, when 2987
Payment under such circum-
stances 2987
State Treasurer, sureties of . . . 189-192
Subrogation, right of surety to . . 2995
Rank of his claim 2995
Securities held by creditor,
sureties right to 2996
Sue, written notice to, sureties
may give 2974
Sued as such, sureties may be,
when 2977
Tax collector, etc., cannot be
surety for sheriff 4369
Tax officers, liability from date of
bond 927
Tender of refusal by creditor, dis-
charges surety 2973
Trustees, sureties of, how re-
lieved 3192
Usury, surety paying right to re-
cover back 2982
Wife cannot be 2488
Sureties on Official Bonds (see In-
surance Companies, Fidelity
or Guaranty; Official Bonds).
243-267, 6620, 6629
Surgeon-general.
Law relating to
Surgery.
Malpractice, damages for
1134-1136
3831
Surprise 4034
Continuance on ground of 5128
Relief in equity on ground of . . . . 4034
Against judgment
3987, 3988, 4032, 5370
Surveyor-general.
Certificates under official seal, 185 (7)
Maps surveys kept in office. . 185 (3)
Maps of rivers, etc 185 (5)
New maps, and repair of old ones
185 (6)
Office blended with Secretary of
State 181, 183
Plats of land grants, care of. . 185 (1)
Record of plats 185 (2)
Register of, duty to keep .... 185 (4)
Secretary of State discharges du-
ties of (see Surveyor-general)
181, 185
Surveyors (see County Surveyors).
Homestead, application to lay off
2828 (4)
Duty and liability 2834
Objections to survey 2836
Return of surveyors 2834-2838
Returns, appraisers and ap-
peals 2838
Returns, objections to . . . 2'836, 2837
Partition, partitioners for, may se-
lect 4790
Surveys (see County Surveyor) ....
484, 5686-5690
Contents of plat 5689
Copies of resurveys 5676
County lines, survey final 387
Evidence, when and how far, 484, 5686
Objections to survey 5690
Penalty for illegal survey. . . . 489
Scale of plats 5687
State Geologist's surveys 1725
Ten days' notice 5688
Tacking.
Mortgages, tacking of, not al-
lowed 2732
Prescription made out by tacking
possession 3596, 3598
Tags and Registration (see Fertili-
zers) 1563-1564
Taking or Damaging Private Prop-
erty for Public Use (see Con-
demnation of Private Prop-
erty ; Eminent Domain) .
Constitutional provision prohib-
iting 5729
Tally Sheets.
Primary elections
115
Tar, Pitch, Etc.
City's right to appoint inspec-
tors 1600
Inspection of 1596
Regulating, making, and vending, 1599
Ta
INDEX.
682
CIVIL LAW.
Tare.
Cotton, tare on 1601, 1602
Other articles, tare on 1605
Rice, tare on 1604
Tavern and Retail License.
County charge for license 421
Law regulating 1519-1540
Sales to drunken men 1539
Tax on liquor dealers 790
Tariffs.
Regulation of freight and passen-
ger tariffs (see Railroad Com-
missioners; Railroads)
2185-2218, 5797
Tax and Taxation.
Ad valorem tax , 770
Constitutional provisions 5883
Advertisement of time for re-
turns 934
Agents' liability 804, 854, 881
Of nonresidents 854
Agricultural products, no town
can tax, until 1608
Salesmen shall not charge tax, 1609
Alias tax ft. fa 892, 893
All property subject to 767
Amount of taxes to be assessed. . 772
Arbitration of, assessment in case
of insufficient returns 839-842
Arbitration by tax receivers, 839-842
Of returns by Comptroller-gen-
eral 807-713, 879
Assessment of, how arbitrated. .
808, 812, 813, 839-842
Amount of taxes to be as-
sessed 772
By whom made 770, 771
Of county tax by ordinary
399-403, 405, 934 (9), 395-398
Of State tax by Governor . . 770-772
Of returns, by tax receiver.... 839
By Comptroller-general, when
no returns 808, 879
When assessment to be made. . 771
Assessor's oath 842
Assignment of tax fi. fa 888
Attorney failing to pay 4445
Back taxes (see Former Years,
below) 855
Bagatelle tables 803
Banks, taxes due by, Comptrol-
ler's draft for 206 (8)
Not liable for tax on obligations
payable in silver bullion.... 6379
Returns, to whom made. . . . 605, 608
Billiard tables, taxation of ...... 803
Blanks, receipts, and digests, 835-838
Furnished by Comptroller .... 836
Bonds of collectors, etc., lien of. . 927
Of tax officer, suit on 972
Record of, assessed, binds third
persons 974-978
Bonds for title 778
Bonds of the State, assessment
to pay 6038
Levied how, and how applied.. 6039
Of other States 776
Borrowing of county money, exe-
cutions 413, 416
Canal companies subject to 1999
Charged against whom 778
Charter of corporation forfeited
for default 875
Choses in action of nonresidents,
taxable 776
City may tax for what purposes
5892, 5909
Claims, how interposed . . . 899, 900
Collection and return of 804-917
How enforced by Comptroller. . 814
How resisted by railroads.... 782
Collector and receiver to be sepa-
rate 973
Fees of, for issuing fi. fa 902
Fi. fa. of, when and how issued, 894
Law regulating (see Tax Collec-
tors) 942-952
Schedule of defaulters, duty to
make 869
Colored tax payer's returns .... 858
Commission of tax officers regu-
lated 967, 968
Common schools, taxation by
counties for 1399, 1401
Compensation for collecting coun-
ty tax 940, 968 (2, 3)
For collecting State tax 967
Comptroller-general assesses
when no return made. . . . 813, 879
Annual report of 209 (2)
Assessment of, final, when. . 808, 813
Duty as to defaulters 874-882
Fi. fa. of, how issued and exe-
cuted 880
Issues executions, when
.... 813, 814, 879, 880, 881, 921, 924
Returns to 804-815
Rules to be prescribed by 969
Constables' levy what executions
894, 905, 9.06
Conveyances to avoid, are void. . 885
Corporations, tax on 5887
Defaulting, tax fi. fa., against.. 874
Executions against, how di-
rected 880
Executions against agents... 881
Money collected on fi. fa 882
Failure to return, how assessed, 879
Forfeiture of charter 875
Penalty in special cases. . 876, 881
Stock of corporations subject. . 777
Cost and fees 901, 902
County tax (see that title).
Limit of power to collect, 5892, 5909
Purchasing at tax sale 915-917
683
INDEX.
Ta
CIVIL LAW.
Tax and Taxation — Continued.
Restrictions on power to tax. .
5891, 5892
Right to sell property purchased
at sale 917
Crop lien, inferior to 2800 (6)
Dentists' 6047-6049
Doctors' 6047-6049
County line, mine or plantation
. on 817
Deed at sale, under ft. fa., valid. . 913
Default and insolvent list 774
Default lists to be deducted. . . 774, 941
Defaulters, collectors to make a
schedule of 869
Comptroller's duty as to 874-882
Defaulters doubly taxed 847
Failure to make list forfeits
commissions 873
How defaulting tax payer re-
lieved 850, 851
Ineligible to seat in Legisla-
ture 5754
Not liable for double tax, when, 849
Oath against double tax 852
Record of 871
Tax collected after record.... 872
Tax collectors comoensation . .
873, 934 (7)
When subject to double tax, 847-853
Wrongly adjudged so, relief. . . . 853
Delinquent tax payers, duty of
Comptroller 874-882
Delinquent tax receiver and col-
lector, law regulating. . . . 918, 930
Depositories, remittances to .... 993
Differences, arbitration by Comp-
troller-general 807, 813, 840
Digest, blanks and receipts... 835-838
Failing to complete 918
Form of digest 836
Improper or useless digest, 918-920
Number, contents, and to whom
furnished 836, 838
Returns, how entered in 837
Dignity of lien 883
Docket of tax executions .... 961-966
Dogs, tax on, repealed 6043
Domestic animals, tax upon 5883
Dormancy of tax fi. fa 890, 891
Double tax on defaulters 847-853
Defaulters, when not liable, 849-853
Estates not liable for, when. . . . 856
How relieved against ..850-852, 939
Persons liable for 847-849
Saved, how 829
When collected 847, 848
Relief from double tax 849-853
Wild lands, when subject to... 821
Doubtful cases referred to Legis-
lature 846
Educational purposes, tax for . . . 5909
Estates not in default, when.... 856
Estimates for county 400
Executions against agent of for-
eign corporations (see Fi. fa.,
below) 881
Against collector 925
Against defaulting collector or
receiver and sureties .... 921-928
Against defaulting corporations, 874
Against tax officer indebted to
county 412, 416, 418
Against tax officer indebted to
State 921
Against receiver 925
Against sureties on tax bonds
921, 924, 927, 928
Against tax officers and sure-
ties 925
Dormancy of 890, 891
Executions in rem, and sale
thereunder 848, 908
Interest, executions bear, when
887, 889
Issue after December twen-
tieth 827
Levied by what persons. . . . 894, 905
Levied in what county 911
Transfer of executions 888
When and by whom issued, 827, 894
Exemption from tax 761-765, 5884
Affidavit to obtain 6052
Books, paintings, etc 762
Burial, places of 762
Charity, institutions of 762
Colleges, schools, etc 762
Confederate soldiers 766
As photographers, not taxed. 6053
Practice medicine without
tax 6050
County authority, exemption by, 765
County school property 1386
Enumerated articles exempt... 762
Exemption laws, void, when . . 5886
Literary institutions 762
Paintings, books, etc 762
Poll tax, Confederate soldiers'
exemption 766
Property exempt from taxation, 762
Public libraries 762
Public property exempt, when. . 762
Religious worship, place of . . . 762
Toil bridges exempt, when .... 763
Unlawful exemptions 764
Exercised, how and for what pur-
pose .• . . . 5882
Express companies, tax, how as-
sesssed on 805
Arbitration of differences 808
Returns of 805
Payments, how made 806
Extra tax for county purposes, 395-398
False returns, receiver to assess
value 839
Subsequent proceedings 840
Ta
INDEX.
684
CIVIL LAW.
Tax and Taxation — Continued.
False returns in digest, penalty
for 922
Fee simple, less than, subject to
768, 778
Fees and costs 901, 902
Females, returns of, sworn to be-
fore whom 834
Feoffee and property, bound for. . 886
Fi. fa., and sales under (see Ex-
ecutions, above) 883-917
Against collectors 925
Against railroads 788
Alias fi. fa 892, 893
Illegality against 789
Insolvent tax, levy of 897
Levy and sale under 904-907
Levy on what 898
Not to be suspended 926
Transfer of 888, 889
Foreign insurance companies, de-
faulting, penalty 877
Form of tax returns 780, 833
Former years', collection of. . 210 (3)
How returned and collected . . . 855
Garnishment on tax fi. fa
729, 880, 895, 896
General provisions as to 762-995
Grand jury to correct improper
returns 935
To examine returns of tax pay-
ers* 935
Tax docket to be submitted to, 965
Illegality, not received to State
tax executions 415, 926
Improvements, Comptroller may
suggest 211
Indebted to county, executions
against tax officer 413, 416
Indebted to State 921
In rem, executions issue, when. .
848, 908
Insolvent and defaulting lists, 774, 870
Insolvent list 859-870
Comptroller to wait for, how
long 865
Constable to collect fi. fa 863
Disposition of 864
List of names, etc., to be fur-
nished Comptroller-general
862, 6134
On what taxes allowed 862
When and how allowed 860-866
Insolvent tax fi. fa., levy of 897
May be put out 897
Insurance agents, names of, risks,
etc 809
Insurance brokers, tax on gross
premiums 2080
Insurance companies taxable,
when 877, 2066, 2067
Agents' names to be given 809
Foreign, defaulting, penalty 877
Payments, how made 806
President to make returns. . . . 810
Returns of 809-811
To embrace what 811
Tax, how assessed on 805
Interest in land less than fee. . . . 768
Interest on tax fi. fa 887
Transferred tax fi. fa 731, 889
Issued by Comptroller, when, 814, 880
Issued by tax collector, when. . 894
Judicial interference with, forbid-
den 903
Lands, how and when and where
returned 820
Lawyers 6047-6049
Disbarred for not paying 4445
Levy and sale under, tax fi. fa., 904-907
Constables may levy in any part
of the county 906
Fi. fa. levied in any county. . . . 911
Levy by whom and sales under, 905
On what 898
Liability of tax officers to third
parties 857
To tax payers 923
Licenses to be paid by liquor
dealers 802
Lien, agents, lien of tax against
854, 881
On property of collectors, re-
ceivers, etc 927
Proceeding in selling 928
Rank of 2791
Lien against principal and surety
on officer's bond 927, 974-978
Lien as, of April first 827, 883
Bonds to be recorded to bind
third persons 974-978
Lien of tax fi. fa 883-886, 2787, 2791
Conveyance and judgments to
avoid payment, void 885
Donee, etc., property liable .... 886
Judicial sale, not divest tax
lien 884
Life tenants, charge against 778
Limitation on tax execution.. 890, 891
Liquor dealers, comptroller to fur-
nish register <98
Collector's quarterly reports... 799
Duty to register 791
Failing to register and pay tax, 796
Fees of ordinary and collector, 800
Inspection of register by grand
juries 801
License, when necessary 802
Notice of registration 792
Register, comptroller shall
keep 793
Shall pay tax upon registration, 795
Special tax for 790-803
Tax collector's duty 794
Tax and collection thereof. . 790-803
685
INDEX.
Ta
CIVIL LAW.
Tax and Taxation — Continued.
List of tax payers, names to be
returned by justices of the
peace- 4082 (11)
Compensation for such service, 6187
Furnished to tax receivers.... 835
Lotteries defaulting 878
Mine on county line 817
Mining companies, tax returns of, 816
Mine on county line 817
Miscellaneous revenue of State.. 980
Mistakes and overpayments, how
corrected 843, 846
Doubtful cases 846
Refunding of excess 844, 845
Money collected, sent to Comp-
troller at once
882, .925, 949 (1), 954
Municipal taxation (see that
title).
Names to be taken in full 831
Colored persons, alphabetical
list 832
Negligence of collector, no excuse
to defaulter 928, 950
No excuse to tax payer 828
Of tax officer, liability for 857
New collectors, indulged, when. .
867, 868
Newly elected receivers and col-
lectors 868
Nonresidents subject to 769
Agents of 854, 881
Bonds, notes, etc 776
Lands crossing county lines. . . . 819
Notice to be given to, of returns
being received 822
Property of which is subject to
767, 769
Returns sworn to , 834
Oath of assessors 832
Oath of tax payer, taken before
whom 834
Obligation to pay is paramount.. 883
Officers liable for failure of duty, 857
Overpayments and mistakes, how
corrected 843-846
Doubtful cases 846
Refunding of excess 844, 845
Owner not to strengthen title by
purchase at tax sale 904
Oyster-bed leases 1708
Paid in what funds 773
Paid over to treasurer, when.. 859
Parks or race tracks, proprietors
not taxed 6051
Affidavit to obtain exemption.. 6052
Payable in what funds 409, 773, 806
In jury scrip 409
Payment of. by electors . . ; 5737
Before December twentieth.... 827
By October first 827
Not excuse obtaining license.. 802
Of railroad companies, etc.,
how made 806
Pay of tax officers 940, 967, 968
Penalty against defaulting corpo-
rations 875, 876
Against defaulting lottery deal-
ers 878
Against foreign insurance com-
panies 877
Penalty still of force in what
cases 815
Where there is no return 879
Perishable property, sale of 5465
Personal property subject.... 767-778
Persons and property subject, 757-778
Pharmacies not taxed 6046
Plantation on county line 817
Poll tax amount and for what
purposes levied 5885
Who subject 775
Pool tables, taxation of 803
Proceedings against delinquent
tax officers 918-929
Professional tax, to be paid be-
fore practicing 6047
Payment prerequisite to prac-
ticing 6049
Penalty for failure to pay..*... 6048
Property and persons subject, 767-778
Double-taxed, when 848, 908
Exempt from taxation, when. . 762
Not returned, but assessed, how
disposed of 908
Not returned, double-taxed, 848, 908
Public revenue, general provi-
sions 762-995
Publication of rules for officers. .
970, 971
Public property not subject to... 762
City property included . 762
Purchase at tax sale to strengthen
title, forbidden 904
By county at tax sale 915-917
Purchaser bound to pay 904
Right of purchaser to pos-
session 914
Purposes for which exercised. . . . 5882
Race tracks or parks, proprietors
not taxed 6051
Affidavits to obtain exemption, 6052
Railroads, annual reports of
Comptroller 784
Arbitration of differences .... 808
Assessment for each county. . . . 786
City tax against 725-728
County, payment of amount due
to 787
County, taxation of 784-789
Each county may tax 785
Fi. fas. against, how issued .... 788
Illegality against fi. fas 789
Returns of 805
Payments, how made 806
Ta
INDEX.
686
CIVIL LAW.
Tax and Taxation — Continued.
Pay to comptroller-general..
779, 781, 789, 805, 813
State taxation of, how as-
sessed 779-783
Failing to pay, how dealt
with 783
Payment of taxes assessed.. 781
Railroads out of the State... 779
Resistence of taxes assessed, 782
Returns to be made by pres-
ident 780
Returns, to whom made. . 605, 608
Rolling stock taxed 779
Real property subject 767
Receipts, blanks, and digests.. 835-838
Stub book of 961-966
Receiver may assess value, when, 839
Returns for tax to 816-858, 934
Recitals in tax deeds 913
Record of tax defaulters 871-873
Of tax executions 888-891
Of tax officer's bonds
932, 945, 953, 974-978
Redemption of property sold....
(oQ$2faA\, 909, 910. 916
Property bought in by county . . 916
If not redeemed may be sold, 917
Relief from double tax 843-853
Remedy for default wrongly ad-
judged 853
Remittances by tax collector ....
924, 954-957, 993
Reports of presidents of insur-
ance companies 810, 811
To grand jury and comptroller.
951, 952, 954-957
Return and collection of 804-917
Agents, returns by, how en-
tered 804, 854
Arbitration by comptroller. . . . 857
By tax receiver 839-842
Colored taxpayer's returns .... 858
Corporations, returns by, to
comptroller 804-815
Corrected by grand jury, guide
for next year 936
Failure to make, procedure. . 813-815
False returns, receiver to assess
value 839
Subsequent proceedings .... 840
Form of (county) 833
How entered in digest 837
Insufficient assessment of comp-
troller 812, 813
Insurance companies, returns
of 809
Negligence of receiver, no ex-
cuse 828
N®nresidents, returns of
818, 819, 822, 834
Not returned but assessed, how
disposed of 908
Property not returned, double
taxed 848
Refused, double tax saved, how, 829
What is no refusal 830
Returns to comptroller, itemized.
812-822
Assessments in case of differ-
ences 812
How made 804
Verification of returns to comp-
troller 8104
Returns to receiver, when and to
whom made 826-832
Duty of receiver of returns . . 826-832
Right of any taxpayer to com-
plain 841
To be made to receiver, when.
816-858
Value of property too low 841
Revenue from other sources than,
979-981
Right of State to tax is a sover-
eign right 5796
Irrevocable gifts, grants, or re-
«A>°^< straints void 5796
Roads and bridges, ad valorem
tax, how paid 6093
Rules, comptroller to make. . . . 969-971
To be furnished tax officers . . . 970
To be published 971
Sales under tax ft. fas 883-917
By whom levied 905
Rules governing 907
School fund, certain taxes set
apart to 5908
Surplus of tax sale goes to,
when 908
School tax 5909
Sewing machine agents, how
taxed 6044
Sheriff, tax-collector is ex officio,
958-960
Sick taxpayers' returns, how
sworn to 834
Sinking fund for 1901 and 1902.. 6042
For 1899 and 1900 6038-6041
Sleeping car companies, arbitra-
tion of differences 808
Sovereign right 5796
Special tax on liquor dealers.. 790-802
Assessed on what property....
790, 802, 803
Special tax and ad valorem, not
both laid 803
State may tax for what purposes. 5882
Statute of limitations, on tax
ft. fas 890, 891
Stub book of tax receipts 961-966
Subject, who and what is 767-778
Surplus at tax sale 912
Goes to school fund, when 908
Sale of wild land goes to treas-
urer 910
687
INDEX.
Ta
CIVIL LAW.
Tax and Taxation — Continued.
Suspend collection, Governor
may, when 139
Suspension of executions not al-
lowed 926
Tax collectors (see that title) . 942-978
Fi. fas. against 925
Deposit to be made in what
bank 993
Tax of former years, how col-
lected 855
Tax receiver, delinquent (see Tax
Receivers) 918-930
Telegraph companies, arbitration
of differences 808
Ten-pin alleys 803
Time granted to receivers and
collectors, when 867
Allowance of further time for
completing digest, and paying
over 870
Toll bridges, tax exemptions .... 763
Transfer of tax fi. fas 888-891
Traveling salesmen not subject
to municipal tax 6045
Ungranted land subject 777
Uniformity clause of constitution, 5883
Unreturned property, execution in
rem 848, 908
Tax on, for former years 855
Values fixed by receiver, when.. 840
Property returned below value, 841
Voluntary payments, definition of, 3723
Filing protest, effect of 3723
Wild lands, double tax 821, 825
Nonresidents, notice to 822-825
Penalty for failure to give
notice 823
Redemption of 910
Returned in what manner
820, 821, 910
Sale of, for tax 6059
Who may redeem 910
Taxation of Railr6ads 725-728, 788
Tax Books.
Land, how entered in 837
Mistakes in, how Corrected 843
Number of, and how made up. . . . 838
Tax Collectors.
Appointed by ordinary, when . . . 947
Appointees give bond and take
oath 948
Approval of bond 946
Blanks for reports to be furn-
ished 6058
Bond of 945-948, 974
Approval and record . . . 257. 974-978
Bond of, in certain counties .... 953
Weekly reports in such coun-
ties 95^4
Sollectors not to collect, until
filed 929, 947
Comptroller must record 213
County taxes, bond for 946
Record and lien of 974-978
Suit on 972
To be given before collecting. . 945
Books of voters, provision as to
opening 36, 39
Cash book to be submitted to
grand jury 965
Claim if fi. fa. against 900
Collection forbidden until bond
given 929, 947
Effect of failure to give bond.. 947
To begin, when 929
Commissions of 942, 967, 968
Allowance of, by Comptroller, 210 (2)
How assessed 411
Compensation of 967, 968
Local laws changing, repealed. 968
Cost of collecting tax fi. fas 901
Fee for issuing tax ft. fas 902
Costs (see "Fees of Officers").
Defaulters and insolvents, lists
of 859-873
Collectors to make a schedule
of 869
Record of 871
Tax collected after record 872
Tax collector's compensation.. 873
Defaulting tax collectors, execu-
tion against 206 (6)
General provisions 918-978
Governor may vacate commis-
sion 930
Proceedings against 418, 419
Deputies, authority to appoint,
powers 960
Deputy in certain counties ....... 958
Disqualified voters, list of, to be
filed 48
Docket of executions 962
To be submitted to grand jury. 965
Duties of 949
Election of general provisions. .
80, 96, 100
Notice of, how given 100
Oath, term, etc. . . r 942-944
When elected 97
Executions, duty of collecting
officer 964
Docket of 962
Issued by tax collector, when.. 894
Execution against defaulting col-
lectors 921-928
By comptroller-general .... 924, 925
For not settling with State. . . . 924
How directed and executed . . . 925
How suspended 926
Proceedings under 928
Ex officio sheriff, when 958
Failing to account, malpractice . . 419
Failure to give bond, effect of . . . 947
Duties of person appointed be-
Ta
INDEX.
688
CIVIL LAW.
Tax Collectors — Continued.
cause of 948
To report and pay, penalty 957
'• Fi. fas. of, may be transferred,
when 888
Run to any county 911
When and how issued 894
Forfeit commissions, when 873
Forfeiture for premature col-
lection 929
Former years, collection of tax-
for 855
How returned and collected . . . 855
Fraudulent change of digest,
penalty for 922
Garnishment by, for taxes 895
Proceeding thereon 896
Grand jury to examine reports
of 418, 419, 965
' Insolvent lists 774
By whom allowed 860
Comptroller to wait for, how
• long 865
Credit on, not allowed, when.. 866
Disposition of 864
How allowed 861
On what tax allowed 862
Ordinary to retain copy of lists, 863
Presenting to State Treasurer. 859
Insolvents and defaulters, lists
of 859-873
Jury certificates, fees 410
Levy of, under general laws 959
i Lien against security on bond of,
924, 927, 974
Proceeding in selling 928
' List of tax defaulters, forfeiture
for failing to make 873
List of voters furnished regis-
trars 47
• Liquor dealers, failing to inform
on 797
Quarterly reports 799
Registration, duty as to 794
Taxes, fees of collector 800
Negligence of, no excuse of de-
faulting taxpayer 950
Nonresidents, notification to .... 822
Newly elected, liability for penal-
ties 868
Oath of 944
Office separated from tax re-
ceiver's 973
Over payment, refunding of ex-
cess 845
Payment into State treasury,
when made 859
To be made monthly 6056
When and how made 6056
Penalty for default 924
For failure to report or to pay
tax 6057
For violating statute 966
Poll tax paid to Treasurer 1402
Property of, bound from date of
bond 927
Quarterly returns of special taxes
to comptroller 952
Receiver also, cannot be 973
Record and lien of bond 974-978
Cost of record 978
Direction by Governor 978
Forwarding bond for record . . . 975
Lien between parties un-
affected 977
Third parties not affected,
when 976
Registration of voters, duty as
to 36-49
Report of grand juries and comp-
troller 951, 952
Of tax collected from liquor
dealers 799
Of liquor tax, made quarterly. . 799
Reports and payments to be made
monthly 6054
First report, when to be made. 6055
Penalty for failing to 6057
Rules for, Comptroller to make . 969
Copies furnished • 970
Publication of 971
Schedule of defaulters, duty to .
make 869, 873
Settlement with Comptroller-gen-
eral 206 (5)
Sheriff, collector when ex officio
such 958-960
Special report of liquor tax by..
949 (10), 790-801
Special taxes, statement of, to
grand jury 951
Quarterly returns of, to Comp-
troller 952
State depositories, may pay funds
at 993
Or pay direct to State Treas-
urer : 994
Statement, amount due county. . 955
Weekly, of amount due State.. 954
Stub book of tax receipts, duty
to keep 961
Receipts to be attached to exe-
cution 963
Term of office 98, 6117
Time, extension of, Comptroller's
discretion 870
Granted to, when 867
Vacancies, how filled '. 943
"Voters' books," when to be
opened 36, 39
Charge of, administering oath. 40
Voters, must be satisfied appli-
cant entitled to register .... 45
Names of voters, compensation
for entering 63
689
INDEX.
Ta
CIVIL LAW.
Tax Collectors — Continued.
Separate printed oath may be
used 46
Weekly reports in certain coun-
ties 954-957
Weekly duplicate reports 956
Wild land owners, nonresident,
fees for notice 825
Yearly report by 418, 419, 965
Tax (County) (see Counties and
County Matters).
Estimates for, how made 400
Extra tax for county buildings . . 395
Levy and collection, law regulat-
ing 399-419
Lien for, established 2787
Binding force of 2791
Rank of 2791
Ordinary's jurisdiction as to,
limited 4238
Power of counties as to, limited. . 5892
Railroads, county tax on 784
Receiver's compensation for .... 940
Recommendation, levy without,
when 395
Schools, county tax for 5909
Tax Defaulters (see Tax and Taxa-
tion).
List of 48, 859, 871
Penalty on 847, 874, 882
Tax Executions.
Agents of foreign corporations,
ft. fas. against 881
Alias fi. fas 892
Claims against, levies of 899
Constables may levy anywhere in
the county 906
May levy what executions .... 905
Cost on, not allowed until collec-
tion 902
Deed to purchasers at tax sale . . 913
Exempt property 762-766
Fees for issuing and levying...
902, 905, 907
Garnishment on 729, 895
Holder of county money, fi. fa.
against 413
Ordinary to issue 414
Interest on taxes 887
Issued by collector, when and
how 894
By Comptroller, when.. 874, 880, 921
How directed 880
Judicial interference forbidden..
903, 926
Land, by whom sold under 905
Redeemed in what manner, 909, 915
Levy, manner of 905
Diligence of constable as to
prompt levy and settlement. 6135
In any part of county, constable
may 906
44— Ga Code
Penalty for violating law . . . 6135
Limitations on 890
Money collected on, to be paid
over promptly 882
Nulla bona returned, put out
again 897
Ordinaries, fi. fas. by, for costs.
4243-4245
Perishable property, sale under. . 5465
Point out property, taxpayer may,
when 898
Possession, purchaser to be put
in 914
Public may buy at sale, when . . . 915
Redemption of land sold under, 909, 915
Run to any county in State 911
Sales under, how made 907
Statute of limitations 890
Surplus proceeds, to whom paid. .
908, 910, 912
Transfer, when and how made . . 888
Unlawful exemptions, punished.. 764
What property is exempt.. 761, 762
Unreturned property, executions
issued against 908
Tax, Municipal (see Municipal Tax-
ation).
Bonds, taxation for 5894
City taxation, law governing.. 717-738
Enforced in what manner 704
Farm produce, factors not to
charge on 1609
Lien of taxes 704
Railroads, taxing of 725-728
Recitals in tax deeds not evi-
dence 738
Sales for, law regulating 732-737
Schools, taxation for 589, 5909
Taxpayers.
Default, how relieved against. 850-852
Double tax not imposed when re-
turn is rejected 829
Exhibition of licenses, right to
demand 1524
Jury scrip receivable for taxes,
when 408, 409
List of, to be furnished by jus-
tices 4082 (11)
Names of, to be taken in full. . . . 831
Tax Receivers.
Arbitration with taxpayers, by... 936
Assess property, when, 839-842, 848, 908
Blank forms furnished by Comp-
troller 836
Bond, Comptroller must record. . 213
Approval and record 257
Bond of tax receivers 932, 953-955
Record and lien of 974-978
Suit on 972
Books of, grand jury shall in-
spect 935
Ta
INDEX.
690
CIVIL LAW.
Tax Receivers — Continued.
To be submitted to grand
jury 418, 935
Collected returns, guide for next
year . . . .' 936
Collector also, cannot be 973
Commissions, allowance of, by
Comptroller 210 (2)
On county tax 940, 968 (3)
On State tax 967
Compensation of 940, 941, 967, 968
Local laws changing, repealed, 968
Correction of grand jury, guide
for 936
Deceiving the taxpayer, liability
for 923
Defaulters doubled taxed 847-853
Defaulting and insolvent list .... 941
Defaulting, Governor may vacate
commission 930
Defaulting list 774
Delinquent, proceedings against. .
918-929
Delinquent tax lists, general pro-
visions 918-978
Digests, failure to complete, pen-
alty 918
Failure to make 919
Making useless digest 920
Must be completed by what
time 918
Number and contents 836, 838
Number and to whom fur-
nished 838
Double tax assessed by, when. . . . 847
Not double taxed when return
is rejected 829
Duties of, enumerated 934
Election and liability 931-933
Duty and liability of 931-940
Law governing 80, 97, 100
Time of 97
Examination and collection of re-
turns 935-939
Executions against defaulting re-
ceivers 921, 928
Exempt by county, duty as to... 765
False return by 922
Receiver to assess value 839
Subsequent proceedings 840
Forfeiture for delaying digest . . 918
For imperfect digest 919
For useless digest 920
Former years, how returned and
collected 855
Indebted to State, fi. fa. to issue
against 921
Insolvents and defaulters 941
Liability of receivers 933
Liability of third parties, for fail-
ure of duty 857
Lien of bond 927
Proceeding in selling 928
Lists furnished to 835
Liquor dealers to be returned by
name 938
Mistakes in digest, how corrected, 843
Name of taxpayer in full to be
entered 831
Colored persons, alphabetical
list 832
Negligence of, not excuse tax-
payer 828
Newly elected, liability for penal-
ties 868
Nonresidents, notification to .... 822
Oath and bond of receiver.. 932, 6136
Amount of bond covering State
tax 6136
Oath of assessors 842
Office seoarate from tax collec-
tor's 73
Property not returned, double
taxed 848
Property of, bound from date of
bond 927
Record and lien of bond 974-978
Cost of record 978
Direction by Governor 978
Forwarding bond for record... 975
Lien between parties un-
affected 977
Third parties not affected,
when 976
Rejecting return, what is not. . . 830
Removal for useless digest 920
Returns to 816-858
Duties of receivers 826-832
Forwarding of, to Comptroller-
general 939
How entered in digest 837
Of liquor dealers by name .... 938
Of taxes made to 826, 827
Returns refused by, effect of .... 829
What is no refusal 830
Value of property too low 841
Rules for, comptroller to make. . 969
Copies furnished 970
Publication of 971
Special charge as to duties of,
law requiring 937
Statistics to be obtained by 934
Stub book 961
Terms of office 98, 931, 6117
Time granted to, when 867
Vacancies, how filled 931
Weekly report by 956-960
Wild land, ft. fa. issued against,
and sold, when 821
Wild land owners, nonresident,
fees for notice 825
Yearly report by 418, 419
Tax Receivers and Collectors (see
title Tax Collectors; Tax Re-
ceivers) . . 932, 945-947 972, 974-978
691
INDEX.
Ta-Te
CIVIL LAW.
Tax Returns.
Banks, railroad, insurance com-
panies, etc., how made. . . 780, 805
Form of- return 833
Ordinary, returns made to, how
disposed of 939
Receipt of, to be acknowledged, 822-825
Tax Sale.
City may buy what 734
Costs at 901
Governor may buy what 127
Judicial interference with, forbid-
den 303
Rules govern which govern judi-
cial sales 883-917, 907
State and county may buy what. .
127, 915-917
Tax Sale, Redemption.
When and how made 909, 910, 915
At city tax sale 733-736
At county tax sale. . 909, 910, 915-917
At State tax sale 909, 910
Teachers (see County Commission-
ers; Education; Schools,
Public).
County schools, teachers in, 1370-1373
Technical Words (see Words).
Construction and meaning 3084
In contracts 3675
In statutes 4
Technological School.
Building in part owned by State. 1015
Textile department, appropria-
tion for 1897 and 1898. . 6345, 6348
Government of 6347
Money, how expended 6346
Trustees, meeting of local board, 6342
Report of local board 6343
Salary of trustees 6344
Telegraph Companies 2339-2348
Change of name or place of busi-
ness 1844
Charters, how renewed 1836
Amendment of 1840
Compensation before occupying
property 2347
For right of way, how assessed,
4657, 4685
Condemation of private property,
2344, 2347, 4684, 6196
* Construction of lines 2345-2347
Corporate powers, how granted . . 5780
Declaration of incorporation, fil-
ing, fees, etc 2340
Incorporation of 2339-2344
Organization, meeting of sub-
scribers for 2341
Powers of corporation 2343
Powers and privileges, how
granted to 2339
Private property, condemnation
of 2344, 2347, 4684, 6196
Railroad commission, controlled
by 2217
Regulation of charges 2217
Railroad, right of way, right to
occupy 2345
Regulations affecting occupa-
tion 2346
Report of meeting of incorpora-
tors 2342
Service on, how effected 2348
Right of way, compensation for,
how assessed 4657, 4685
Suits against 2348
Taxation, arbitration of differ-
ences 808
Venue of suits against 2348
Temporary Administrator (see Ad-
ministrators).
Appointment of 3359-3362
Suits by 3361
Tenancy at Will 3115-3117
Termination by notice, length of, 3133
Tenancy by Courtesy.
Abolished 3094
Tenancy in Common.
Accounting between cotenants .
3147, 3889
Adverse possession by cotenant. . 3145
Cotenant, rights and liabilities of, 3144
Definition of 3143
Joint tenancy abolished 3142
Partition between tenants 3146
Priority of liens in accounting. . . 3147
Rights and liabilities of coten-
ants 3144
Suit by one alone 4941
Tenant for Life (see Life Estates).
Assent of executors in favor of,
inures to remaindermen .... 3105
Emblements, right of tenant to. . . 3092
Increase of, belongs to tenant . . . 3091
Remove personalty out of State,
tenant cannot 3096
Renter from, rights of 3093
Rights and liabilities of 3090
Sale of entire estate by, works no
forfeiture 3095
Tenants (see Landlord and Ten-
ant) .
Fixtures, removal of 3120
Negligence of tenant, landlord not
liable for 3118
Writ of possession against 4817
Tenants Holding Over (see Dispos-
sessory Warrant; Distress
Warrants).
Counter affidavit of tenant 4815
Allowed three days? for counter
affidavit and bond 4821
Te-Ti
INDEX.
692
CIVIL LAW.
Tenants Holding Ovei — Continued.
Demand of possession 4813
Effect of refusal 4813
Double rent and writ of posses-
sion, when 4817
Issue, how tried in superior court, 4816
Oath of tenant resisting proceed-
ings 4815
Officer failing in duty 4822
Proceedings after demand and re-
fusal 4813
Tenant may arrest proceedings. . 4815
Oath of tenant 4815
Warrant for tenant's removal... 4814
Tenant may arrest proceedings, 4815
Writ of possession after trial of
issue 4817
Tender 3728-3 /31
Cost, when saved by 3801
Damages, tender of, in cases of
tort 2259, 3896
Effect of 3897
Demand, promise to deliver on.. 3730
Reasonable, must be 3730
Effect of 3731, 3897
Equivalent to performance, when, 3728
Full tender required 3728
Informality in, when not urged
against 3728
Justice of the peace, tender by,
after notice of suit 4058
Money need not be presented. . . . 3728
Promise to deliver at certain time
and place 3730
Specific articles, tender of 3729
Effect of 3731
Transfers title to chattels, when, 3731
Trover actions 3897
Unconditional, must be 3728
Tenpin Alleys.
License by cities 702
Taxation of 803
Tense.
Present or past, includes future, 4 (2)
Tenure.
Realty, tenure of, in Georgia (see
Realty) 3045-3069
Term of Employment (see Master
and Servant).
Terms.
, Appointee to fill vacancy 230
General Assembly, members of. . 5749
Superior courts 4340
Adjourned sessions 4345
Appearance term 4992, 5020
Special sessions . . 2349, 4315, 4345
Time of adjournment 4346, 6191
Trial term 4134, 5019, 5069, 5077
Supreme court 5494
Testamentary Capacity (see Wills).
Law as to want of 3264, 3268
Testimony de Bene Esse.
City court, power to have taken. . 4288
Used when (see Evidence), 3958-3967
Testamentary Guardians (see
Guardian and Ward; Wills).
Appointment of 2514, 2515
Testamentary Scheme (see Wills).
Effect of failure of 3259
Testimony (see Evidence).
Perpetuation of (see Evidence;
Perpetuation of Testimony).
3958-3967
Test of Oils (see Illuminating Oils;
Oils) 1588
Text-books (see Schools, Public) . . 1365
Third-class Roads.
Laid out in what manner 513
Tickets (see Railroads).
Timber (see Lumber and Timber).
Injunction to prevent cutting. . . .
4927, 6198
Defendant to have same privi-
lege as petitioners 4928
Inspector, city's right to appoint, 1600
Measure of damages, for timber
cut 3918
Road overseers authorized to use, 551
Tenant's right to cut 3119
Time.
Announcement of, ready 5653
Argument, time allowed for 5637
Claim issue, time for tendering. . 5646
Computation of 4 (8)
Essence of contract, when 3675
Fiscal year of the State 202
Holidays and Sundays 3692, 4456
Hours of labor 2240, 2615-2619
Insurance, time, how recKoned in, 2119
Levy of attachments, time of to
be entered 4532
"Month" defined 5
Striking jury, time allowed for. . 5672
Sundays and holidays 3692, 4456
Time checks, redemption of .... 1871
Wages, payable in what time. . . . 2614
Weeks, how counted 5458
"Year" defined 5
Title.
Abstract of title to be annexed
to claim of land 4953, 5002
Proceedings to restrain cutting
timber 4927
Administration, title by (see Ad-
ministration of Estates; Ad-
ministrators) 3353-3358
Agent cannot dispute that of prin-
cipal 3012
Bare title authorizes action for
trespass 3877
693
INDEX.
Ti
CIVIL LAW.
Title — Continued.
Bond for title, damages for
breach of (see Bond for Ti-
tles) 3805
Cloud on title, proceeding to re-
move 4892, 4893
Service by publication 4976
Color of title, in cases of pre-
scription 3589
Contract, title by 3526-3574
Conveyance of title (see Deeds)
3599-3611
Covenant of title 3612, 3616
Declarations in disparagement of,
when admissible 5180
Definition of 3208
Perfect title 3209
Descent and administration, title
by (see Title by Descent) . .
3353-3358
Escheat, title by (see Escheats)
3575-3582
Estoppel as to title to real estate
5151, 5153
Fraudulent title 2696, 3540
Grants, title to all lands origi-
nates in 3210
Form of grant (see Title
Grants) 3211
Grants, errors in, corrected... 3212
Proceeding for this purpose, 3213
Levy, how made where bond
for title given 5432
Notice of levy and sale to be
given 5434
Other than vendor having
judgment 5433
Head rights, law relating to (see
Head Rights) 3223-3236
Holder of note, not inquired into,
when 3698
Homestead property, how vested, 2846
Judicial sale, title by (see Sales,
Public) 5446-5454
Passes title 5446
Such title is original 5447
Land suits, where brought 4951
Lease not pass estate, except
where five years contract. . . . 3115
Originates in grant 3210
Partition proceedings where prop-
^ erty sold 4795
Perfect title defined 3209
Plaintiff recovers on his own, in
ejectment 5004
Possession as notice of 3931
Prescription (see Prescription) . .
3583-3598
Produce, agricultural, title not
pass until paid for 4936
Quia timet, for removing cloud on, 4893
Removal of cloud on 4892.. 4893
Rescission for failure of 3544, 4041
Slander of, action for 3883
Specific performance, defects in
title 4041
Stolen goods, vendee gets no ti-
tle 3538
Successor of sheriff may make
title at judicial sale 5453
Transfer pending divorce suit.. 2436
Trespass, title to land will sup-
port action for 3877
Trover, verdict in, effect on 3920
Trustees estopped to claim title
adverse to estate 5153
Venue of suits respecting title to
land 4951
Usury invalidates 2891
Title tainted with, void 2891
Waste, injunction against, not
granted where title in dis-
pute 4917
Wild animals, birds, etc 3074
Wills, title by (see Wills) . . 3253-3278
Title by Descent (see Descent; In-
heritance and Descent), 3353-3358
Administrators may recover from
heirs, when 3358
Order of ordinary, conclusive
as evidence s 3358
Right of, on appointment, to re-
cover possession 3357
Heirs may take possession
without administrator, when, 3357
Brothers and sisters, inherit, how
3355 (5)
Children or granchildren of
brothers or sisters 3355 (5)
Half bloods 3355 (5)
Children, inheritance by .... 3354 (4)
Lineal descendants of children
3355 (4)
Posthumous children 3355 (4)
Cousins, uncles, and aunts.. 3355 (8)
Dower, wife electing, takes no in-
terest in realty 3355 (3)
Father inherits equally with
brothers and sisters .... 3355 (6)
If dead, living mother inherits
in same way 3355 (6)
Husband sole heir of wife, when, 3354
Shares with children 3354
Kin in remote degrees 3355 (7)
Minor husband or widow takes
without intervention of
guardian 3355 (2)
Persons who may inherit each
from the other 3356
Killed or lost, when time can-
not be fixed 3356
Realty vests immediately in
heirs 3353
All other property vests in ad-
ministrator 3353
Remote relatives 3355 (9)
Ti-To
INDEX.
694
CIVIL LAW.
Title by Descent — Continued.
Rules of inheritance 3355
Uncles, aunts, and cousins.. 3355 (8)
Wife as heir of husband 3355 (1)
Wife's share when there are chil-
dren 3355 (3)
Title Deeds.
Agent in possession of 3539
Estopped 5153
Deposit of, creates no lien 2956
Purchaser to pay for 3528
Trustee in possession of 5153
Tobacco.
Inspector, city's right to appoint, 1600
Toll.
Annual examination of, rates of. . 618
Excessive tolls, how reduced.... 617
Penalty for charging 619
Rates of, to be posted up 615
Toll Bridges 612-632
Excessive tolls, liability for.. 624-632
Bxempted from tax, when 763
Crossing county lines, license of, 612
Detention at, unreasonable 624
Injuring, or passing around 632
Land owners may construct, and
charge toll 616
Officers and militia to pass free, 1232
Ordinary's jurisdiction as to 601
Posting rates of toll 615
Proceeding against delinquent
bridge owner, fees 631
Remedy against delinquent bridge
owner 627
Citation, service and jury 628
Issue, oath of jury, continuance, 629
Verdict, and its effect 630
Tax exemptions 763
Toll Cotton.
Exemption from levy and sale.. 5354
Torts 3807-3825
Abate by death, action does not, 3825
Abducting or harboring wife. . . . 3868
Adulterated drugs, sale of 3865
Adultery or criminal conversa-
tion with wife 3869
Aggravated damages 3906
Arbitrament and award as de-
fense 3902
Assignable, personal tort is not. . 3079
Bail in actions of 4321 (1)
Breach of legal duty gives action, 3809
Of private duties 3810
Bridge contractors 603
Bridge keepers 622
Child, torts done to 3816
Torts by child 3817
Cities, torts by 744-752
By city officers 752
Compounding felony 3895
Offense less than felony 3895
Consent of minor 3893
Consent of persons under inca-
pacity 3893
Contract or tort, action on 3903
Contractor's, employer's liability
for 3819
Counties, torts for 341, 623
Damages for (see Damages), 3905-3920
Damages with injury gives ac-
tion 3810
Death, action not abate by 3825
Service survives to what per-
son 3825
Of property, how far defense.. 3918
Deceit, action for 3814
Concealment, not give action,
when 3814
Knowledge of falsehood essen-
tial 3814
Reckless representation, when
equivalent to knowledge. . . . 3814
Definition of 3807
Invasion of private right. . 3807 (1)
Infraction of public duty... 3807 (2)
Dogs, owner's liability for inju-
ries by 3822
Druggists, negligence of (see
Drugs and Druggists) 3866
Election to sue on tort or con-
tract 3811
Employee, injured by co-em-
ployee 3818
Employer's liability 3819
Extenuation pleaded, when .... 3892
Ferryman, torts by 622
Former recovery, as a defense.. 3903
Fraud and damage gives action.. 3813
Acts or silence as constituting
fraud 3823
Gaming with minor son, action
for 3872
Hiring, who may sue for torts... 2909
Homicide, right of widow, etc., to
recover 3828
Infancy as a defense to 3904
Injuries common to all, nonac-
tionable 3808
Special damage must appear . . 3808
Injuries to the person 3826-3831
Intention as to an element of
damages 3826
Joinder of tort feasors, in suits
against
. . 3853, 3873, 3915, 4940, 4944, 5872
Justification, extenuating matters
pleaded in mitigation 3892
Plea of 3891
Right to open and conclude. . . . 3991
Lessee or lessor, corporation, 1863-1865
Lessening damage, rule as to, not
apply, when 3802
Letters to obtain credit 3815
695
INDEX.
To-Tr
CIVIL LAW.
Torts — Continued.
Libel and slander (see Libel;
Slander) 3832-3841
Limitation of actions, disabilities
and exceptions 3898-3901
Liquor furnished to minor son,
suits for 3871
Malicious arrest (see that title)
3854-3857
Malicious prosecutions (see that
title) 3843-3850
Malpractice of surgery and medi-
cine 3831
Minors, furnishing liquor to.... 3871
Gaming with minor son 3872
Mitigation of damages 3892
Nuisances, suits for 3858-3863
Parties who may sue for. . . . 3812, 4940
Partner or servant, torts of 2658
Pendency of another suit, as a de-
fense 3903
Person, what is a tort on 3827
Personal property, deprivation of
possession 3885
Physical injuries 3827
Give right of action, when.... 3826
Plaintiff's negligence, effect of . . . 3830
Premises, owner's duty to keep
safe 3824
Private duty, violation of, action-
able 3810
Privity not necessary to support
action 3812
Procurer of wrong is joint wrong-
doer 3873
Ratification of 3820
Representations to induce credit, 3815
Right of every injury 3076
Action lies, when 3808
To recover for torts to one's
self 3816
To child, servant, ward, or wife, 3816
Satisfaction of torts 3894
Injuries amounting to crime.. 3894
Seduction of daughter 3870
Servant, torts done to 3816
Torts by servants 3817
Servant of partner, torts of . . . . 2658
Set-off or recoupment against. . . . 4944
Tender- of damages 3896
In trover actions 3897
Trustees, negligence of 3867
Turnpike companies, torts by. . . . 622
Ultra vires, when no defense .... 2277
Unwholesome provisions, sale of, 3864
Vicious animals, injuries by .... 3821
Vindictive damages 3907
*Ward, torts done to 3816
Wife, torts to, who may sue for
2475, 3816
Torts by wife 3817
Total Divorce (see Divorce).
Towns and Villages (see Municipal
Corporations) 683-710
Corporate courts and penalties.. 711
Punishment of offenders .... 712-716
Tracing Assets.
Equity will aid in restoring, 3201, 4004
Following funds 3184
Trade.
Contracts for restraint of, void.. 3668
Trade and Agriculture.
Regulations concerning 1551-1741
Trade Marks 1736-1741
Counterfeits, use of, prohibited.. 1737
Labor unions, trade marks of,
use of prohibited 1736
To be filed with Secretary of
State 1738
Remedies against using 1739
Suits, how brought 1740
Union labels, etc 1736, 1738
Unlawful use of name 1741
Fraudulent trade marks, etc.,
equity jurisdiction 4035
Traders, Insolvent (see Creditor's
Bill; Insolvent Traders), 2716 2722
Creditors bills and proceedings
under \ 2716-2722
Definition of 2721
Tradesmen.
Accounts bear interest, when... 2885
Books of, as evidence 5182
Traditionary Evidence.
Admissibility of 5185
Tram Roads.
Application, how made 658
Proceedings thereon 659
City records *. 5215
Justices' courts 5214
Transcripts.
Books, transcripts from, 5236-5238, 5258
City records 5215
Justices' courts 5214
Transfer.
County court, cases from 4308
Decrees in equity 4859
Judgments, transfer of 5374, 5375
Liens, transfer of 2798
Successive possessions in pre-
scriptions 3598
Tax fi. fa., transfer, when and
how made 888
Transient Persons.
Domicile, and where sued (see
Domicile; Residents and
Aliens) 1825, 4954
Traveling Salesmen.
Tax, municipal, not subject to... 6045
Traverse.
Attachment grounds, traverse of, 4560
Certiorari, answer to 4651
Tr
INDEX.
696
CIVIL LAW.
Traverse — Continued.
Dower, traverse and return of
commissioners 4702
Entry of sheriff, etc., may be trav-
ersed 4988
Garnishee's answer... 4721, 6223-6226
In attachment cases 4553
Return of service 4988
Treason.
Definition of 5724
Testimony necessary to con-
vict 5724
Disfranchisement for 5738
Forfeiture not worked by convic-
tion 5725
Number of witnesses 5156, 5724
Treasury, County (see County
Treasury).
Treasury, State (see State Treas-
urer).
Bonds, taxes raised to pay, sepa-
rate account of 6039, 6042 (a)
Amount raised, how applied, 6042 (b)
Cancellation of paid bonds....
6041, 6042 (c)
Treaties.
United States, treaties of, su-
preme law 1 (1)
Trees.
Tenant's right to cut 3119
Trespass.
Agent's right to sue for 3038
Principal, how far bound for
trespass of agent 3031
Animals trespassing, treble dam-
ages 1766
Bailments, right of action in cases
of 3889
Bare title authorizes action for. . 3877
Remainderman's or reversion-
er's right 3877
Continuing trespass, damage for, 3884
Contribution between trespassers, 3916
Effect of judgments 5358
Ejectment of trespassers from
land 4808-4812
Homestead wrongfully levied on, 2849
Levy on exempted property. . . 2872
Injunction to restrain 4916
Joint trespassers, verdict against, 3915
Judgment against trespassers,
moulding of 3915
Lands, persons who may maintain
trespass for 3877
Disputed possession 3878
Limitation of action, damages to
realty 3898
Personal property, trespass to, de-
fined 3888
Personalty, trespass to, who may
sue for 3885
Remaindermen's right to sue.... 3890
When to be sued for 3899
Right of way, unlawful interfer-
ence with 3882
Suits against joint trespassers..
. . 3853, 3873, 3915, 4940, 4944, 5872
Timber cut, measure of damages, 3918
Underground streams 3880
Rights above and below sur-
face 3881
Verdict against trespassers .... 3915
Watercourses, diversion or altera-
tion of 3879
Willful trespassers 3918
Trespass Quare Clausum Fregit.
Action for, who may sue 3877
Limitation of suits for 3898
Trial.
Auditor's report, exceptions to. .
4595, 4596
Cause not reached, stands contin-
ued 5133
Causes, how called and tried.... 5658
Caveat in head right cases 4848
Mode of trial 4849
County judges, cases before .... 4203
First term, trial at, by consent. . 5075
Trial not had at, when 5126
Injury to land by opening roads
557, 568
Jury trial, right to, secured 5876
Speedy and public trial by,
guaranteed 5702
Opening default at 5072
Order setting down case, not re-
quired 5063
Public excluded, when 5296
Trial term 4134, 5019, 5069, 5077
Trover.
Action in, when resorted to 3887
Amendment to include »issue 5100
Bail in, affidavit for personalty. .
4604-4610
Affidavit and subsequent pro-
ceedings 4605
Bill pending, action, replevy of
property 4606
Sale of property in 4607
Conversion, not proved, when 3887
Death, etc., of property, as a de-
fense 3919
Highest amount proved recovera-
ble 3917
Judgments, effect of 5358
Tender in. effect of 3897
Time within which suit to be
brought 3592, 3899
Verdict in trover, form of. . 5334, 5335
Alternative, discharged, how... 3887
Choose verdict, right of plain-
tiff to 5335
Effect on title 3920
697
INDEX.
Tr
CIVIL LAW.
Trust Companies.
Application for charter 6458
Contents of application 6458
Fee to be paid 6458
Banking business 6462
Board of trustees 646^
By-laws and officers 6464
Capital stock, amount to be paid
in 6462
Capital stock, increase of 6465
Certificate of incorporation to is-
sue, when 6460
Contracts, power to make. . . . 6461 (1)
Corporations hereafter chartered
may acquire same right 6466
Corporate powers 6461
Deposits and loans 6461 (4)
Estate property, management of
6461 (9)
Executor, administrator, etc.,
may act as 6461 (12)
Fiscal agent 6461 (3)
Guardian, etc., of minors .... 6461 (8)
Incorporation, rights and liabili-
ties 6458-6466
Lunatics, committee of, may act
as 6461 (12)
Married women, trusts for. . 6461 (7)
Publication of notice of intention
to organize 6459
Real estate, authority to buy and
sell 6461 (5)
Stocks, authority to deal in. . 6461 (11)
Trustees under appointment of
persons or court 6461 (10)
Trustee under mortgages and
bonds 6461 (6)
Trust Deeds to Secure Debts.
Death of maker, proceedings 6355
Defenses, how pleaded 6354
Installments, where debt payable
in 6359
Judgments, enforcement of 6357
Lien of judgment 6357
Petition for enforcement of .... 6353
Contents of petition, procedure, 6353
Proceeds of sale, disposition of. 6358
Trial term 6356
Trust Estates 3148-3207
Bar, no limitation applies to.... 3198
Lapse of time, equity consid-
ers 3198
Bona fide purchaser protected. . . . 3179
Claims against 3202-3207
Enforce by a court of law 3202
How and where sued 3203
Contingent and shifting trusts. . 3154
Debts, trust estates liable for
what 3187
Deeds creating, how recorded. . . . 3149
Definition of 3148
Election between 2691
Equitable bar 3198
Equity jurisdiction, trust are sub-
ject to 3195
Jurisdiction at chambers 4863
Executed and executory trust . . . 3156
Definition of 3156
Executed trust, legal title merges
immediately 3157
Execution against, must specify
property 3207
Express and implied trust 3151
Definition of 3152
Express trusts, writing, must be
created in 3153
Fail for want of trustee, trusts
do not 3197
Form of words not necessary to
create 3148
Grounds of trust ceasing, bene-
ficiary invested 3149
Implied trust 3151, 3159
Parol evidence received 3161
Trusts are implied, when 3159
Judgments not bind trustee per-
sonally 3206
Jurisdiction in justice's court . . . 3205
Justices' courts, jurisdiction Of. . 3205
Liens on trustees estate, for trust
debt due 3189
Limitation of action for 3198
Minor, creation of trust estate
for 3149
Misapplying funds 3200
Non compos mentis, creation of
trust estate for 3149
Parol evidence, admissible to im-
ply or rebut 3161
Party defendant to claim against, 3204
Justice's court jurisdiction .... 3205
Persons for whom created 3149
Precatory words 3162
Relatives, gift between near rela-
tives presumed 3160
Relief in case of, how moulded . . 3199
Resulting trust 3155, 3573
Separate estate for wife, how
created 3150
Suit against, how and where
brought 3203
Justice's court jurisdiction .... 3205
To recover, to be brought in
what time 4778
Title vests in beneficiary, when.. 3157
Trust limited upon trust 3158
"Use upon use 3158
Trusts and Trustees 3148-3207
Acceptance of trust 3190
Disclaimer not affect 3190
Accounts, duty to keep 3007
Admissions of trustees 5189
Appointment, powers, etc., of
trustees 3163-3193
Tr
INDEX.
698
CIVIL LAW.
Trusts and Trustees — Continued.
Appointment and removal of, at
chambers 3164
Bond required in case of minor
beneficiaries 3164
Arbitration, trustees may submit
to 4475
Attorney in fact, conveyances by, 3000
Bar of suits against, after ten
years 3772
Trustee barred, cestui que trust
barred 3773
Barred, cestui que trust is, when. . 3778
Beneficiary's right to affirm or
disaffirm investments by,
when 3184
Right to follow trust funds 3184
Breach of trust, misapplying
funds 3200
Tracing assets 3201
Cestui que trust 3187
Charitable trusts 2367
Churches, schools, societies, etc.
2353-2356
City as trustee 740-742
Claims at trustee's sales.... 4630-4633
Combines and trusts (see that
title) 6467-6472
Compensation of trustee 3193
Compromises by 3428-3430
Condemnation of trust property. . 4664
Confirmation of sale by 3175
Consent of trustees to marriage, 4021
Contract for labor, trustees may, 3182
Corpus not to be encroached on. .
3184-3186
Deaf and dumb, trustees, how
appointed 135
Debts, trust estates liable for
what 3187
Deeds of cestui que trust 3187
Diligence required of trustees . . 3170
Disclaimer of trustee after ac-
ceptance, of no effe«t 3190
Duty of trustees 3170
Equity jurisdiction as to 3195
Estopped to claim title adverse
to estate 5153
Execution against trustee, form
of 3206, 3207
Extent of trustee's estate 3191
Follow funds, beneficiary's right
to 3184
Foreign trustees 2594-2597, 3174
Gift to trustee, by minor 3572
Husband's deed to wife 2481
Illegality filed by 4741
Income, disposition of 3185
Not encroach on corpus... 3184-3186
Instruments signed by one as,
binds him 2998
Interest, chargeable against,
when 3497 (1-6)
Compounded, how and when . . 3498
Rule for charging against 3496
Inventory by trustees 3167
Investment of funds by 3432, 3435
Affirmed or rejected 3184
Duty as to returns in such
cases 3435
How made 3180
In State securities 3181
Judges required to enforce law
as to 3178
Labor, trustee may contract for. . 3182
Liens against deceased trustees. 2790
Trustee cannot create 3186
Limitation of suits against 3772
Misapplying trust funds 3200
Naked trustees, liabilities of .... 3169
Negligence by trustee, gives ac-
tion 3867
New assignees and trustees may
be appointed 3166
Nonresident beneficiaries, service
on 4976 (8)
Payment to naked trustee 3718
Power of sale, extends to what. . . 3171
Power of sale in deeds 4023
Priority of trust debts against
estates 3189
Proceeding at chambers 3164
Profits made by, belong to bene-
ficiaries 3183
Promise to answer out of own
estate 2693 (1)
Public officers are trustees of the
people 5698
Purchaser from, not bound to
look to reinvestment 3177
With notice, not protected .... 3179
Without notice, protected 3179
Reinvestment, purchaser not
bound to look to 3177
Who must do so 3177
Relief of sureties on bonds of . . . . 3192
Removal and appointment at
chambers 3164
Bond to be required where
minor beneficiaries 3164
Proceeding at chambers 3164
Report sale and reinvestment. . . 3175
Penalty for failing to report... 3176
Parties interested may com-
pel 3177
Resulting trusts 3196
Returns to ordinaries 3168
Sales by trustees 3172, 3452
How authorized.. 3172-3180, 4976 (8)
By beneficiary to trustee 2490
Power of sale extends to what. 3171
Rules as to administrators gov-
ern 3173
Sale and reinvestment, trustees
to report 3175
Penalty for failure to report . . 3175
699
INDEX.
Tr-XJn
CIVIL LAW.
Trusts and Trustees — Continued.
Service on nonresident benefici-
ary 4976 (8)
Societies, vacancies in, how filled, 2356
Successors of trustees, may be
made parties 5033
Suits against, at law 3202, 3203
In justices' courts 3205
Sureties of trustees, relieved of,
how 3192
Trust estates, liable for what
debts 3187
University of Georgia, power of
trustees 1284
Vacancies, courts may fill 3165
How filled 3194
In church trustees, how filled. .
2355, 3194
Want of trustee, trust not fail
for 3197
Two Suits.
Allowed, when 3738, 4945
Not allowed, when 3737
Turnpike Companies 637-649
Turnpikes 599-636, 2368-2371
Bond, approval and record of . . . 604
Additional bond may be re-
quired
60!
Failure to take, county liable. . 623
Bond of contractor, liability.. 603, 609
Classification of 599, 600
Commissioners of turnpikes .... 637
Compensation of commissioners. 648
Conditions of contractor's bond.. 603
Contractors cannot be road com-
missioners 609
Contractor's duty to repair 606
Contractors, executions against. . 607
Payment resisted, trial of issue, 608
Contractor's liability and bond, 603, 609
Detention at, unreasonable 624
Different counties, duty of com-
missioners 649
Division into classes 600
Duty of commissioners 641
Grade of, to be fixed by judges.. 644
Incorporation of 2368
Injuring, or passing around 632
Jurisdiction, where county line
crosses 649
License to establish 602 (3)
Maximum grade of turnpike .... 642
Neglect, proprietors liable for . . . 622
Number and election of commis-
sioners 638
Officers and militia to pass free. . 1232
Ordinary's jurisdiction 601
Power of ordinary over 602
Penalty for failing to grade and
construct road legally 643
Place of erection, and contract
for 602 (1)
Private turnpikes, liability of
owner 626
Proceedings against defaulting
owners 646
Against delinquent owner; fees, 631
Public, declared so, when 599
Remedy against delinquent turn-
pike owner 627
Citation, service and jury 628
Issue, oath of jury, continu-
ance 629
Verdict, and its effect 630
Repairs, by whom to be made . . . 607
Repairs lacking, and detention,
penalty 625
Repairs neglected, duty of com-
missioners 647
Report and certificate of election
of commissioners 639
Supervision of ordinary 602 (5)
Term of office of commissioners, 640
Toll, charging after charter ex-
pires 625
Ordinary to fix rate 602 ^4)
Posting rates of 615
Where repairs not kept up 645
Turnpike Roads.
Commissioners, jurisdiction of . . 649
Commissioners of, provided for. . 637
Certificate of election of 639
Pay of 648
Term of ofilce 640
Crossings, repairs at, how made. .
2227-2231
Incorporated in what manner . . . 2368
Law governing 622, 637-649
Owners of, in default, how dealt
with ' 622, 646
Tolls 615, 617, 625
Turpentine.
Barrels, quality of 1597
Barrels, how marked 1598
Inspection, shipping before for-
bidden 1596
Inspector, city's right to appoint. 1600
Regulating making and vending . 1599
Ultra Vires.
Carrier outside of corporate au-
thority, liability for injuries
by 2277
Umpire (see Arbitrament and
Award).
Award by, when valid 4481
Underground Streams.
Interference with, not actionable, 3880
Undue Influence (see Wills).
Wills invalidated by 3258, 3260
Uniformity.
City courts, uniformity, how far
required in 5859
Un
INDEX.
700
CIVIL LAW.
Uniformity — Continued.
County commissioners, law creat-
ing 5930
Judicial proceedings 5859
Justices' courts 4123, 5859
Operation of laws 5732
Taxation 5883
Uniforms.
Volunteer forces 1144-1148
United States.
Beacons of 26
Bridges in which United States
and other States interested . .
372, 374
Bridges, piers, and approaches,
jurisdiction 374
Cession of land to (see Cession
of Lands to United States) . .
6642-6646
Citizens of, rights of 1813
Coast surveyors, right to enter
upon and clear lands 27
Constitution of, supreme law. ... 1 (1)
Contracts, for building bridges.. 373
Damage to landowners, assess-
ment of 26
Fishery, territory, ceded to 6646
Jurisdiction ceded to, over cer-
tain land 25-28
Laws of, judicially recognized... 5231
Light-houses, beacons, and range-
lights, land condemned for. . . 26
Medical officers of 1481
Militia called for, by 1225
When called into service of
United States 1226
Public buildings, cession of land
for 25
Right of way for troops 1177
Soldiers and sailors as electors.. 5737
Substitute for militiamen when
called into service 1228
Tax on certain notes of banks . . . 6378
United States, Constitution of (see
Constitution of the United
States) 5950-6036
United States Prison.
Jurisdiction, concurrent, of State, 6645
United States Senate (see Senate
of the United States).
United States Senators.
Election of 325
How certified 328
How conducted 326
To fill vacancies 327
University of Georgia 1271-1303
Acceptance of bequests., dona-
tions, etc 5911
Acts relating to, Code not affect. 1299
Appropriations and donations to. 5911
Bachelor of arts, course to be en-
couraged 1282
Biennial reports of Governor .... 1281
Board of trustees, biennial re-
ports to Governor 1281
Compensation of 1280
Board of trustees, how consti-
tuted 1273
Chairman of the board 1277
Continuance of court cases, to
allow trustees to attend .... 1278
Eligible as trustee 1275
Meetings of board, how called. 1285
Office vacate for failure to at-
tend 1279
Powers of 1284
Stock subscribed for, not to dis-
pose of 1286
Term of office 1276
Vacancies, Governor to fill .... 1276
Board of visitors 1287
Appointment of 1287
Compensation of 1288
Quorum and pay 1288
Report of board of visitors, 1289-1290
Books furnished to 172
Branches of the University 1300
Females admitted to branch
colleges 1301
Campus grounds not to be alien-
ated 1297
Chancellor may appear before
the legislature 1294
Chancellor's oath 1293
Code not repeal existing laws . . . 1299
Compensation of board of trus-
tees 1280
Conferring degrees 1295
Continuance to attorneys mem-
bers of the board 1278
Course of study 1282
Degrees, conferring of 1295
Donations, etc., made to 5911
Of General Assembly to 5911
Experiment station 1302
Support of institutes 1303
Failure to attend vacates office of
trustee 1279
Farmers institutes 1302, 1303
Board of directors, experiment
station 1302
Support of institutes 1303
Georgia Normal College, gradu-
ates licensed to teach 6334
Government, in whom vested .... 1271
Income for, how made up. . . 1286, 1298
Laws relating to 1271-1299
Laws relating to, continue in
force 1299
Literary societies, efficiency of, to
be promoted 1283
Meetings of board, calling, etc... 1285
Name and style 1272
701
INDEX.
Un-Va
CIVIL LAW.
University of Georgia — Continued.
Oath in charter, not required to
take 1293
Owned by State, in part 1015
Permanent income on bank stock, 1298
Power of board of trustees 1284
Preparatory school in connection
with college 1296
Professor's and tutor's oath 1293
Public buildings in Milledgeville
loaned to trustees of 6335
Redemption of bonds 6332
Religious views no exclusion for. 1292
Reports of board of trustees and
visitors 1289-1291
Schools that may be established
by 1296
Special board of visitors, how
constituted 6330
Act to remain in force, how
long 6331
Stock subscribed for, trustees not
to dispose of 1286
Sue and be sued, may 1272
Summer session authorized 6333
Trustees are a body politic 1272
Expenses of 1280
Report by 1281
Subject to Legislature 1271
Vacancy in board 1276
Failure to attend vacates office, 1279
Continuance, trustee may ob-
tain, to attend meeting 1278
Unknown Persons.
Condemnation of private prop-
erty, where owner unknown, 4666
Service by publication 4976
Unwholesome Food.
Sale of unwholesome provisions,
liability for damages 3864
Usage (see Custom and Usage).
Binding, when 1 (4)
Evidence of. when admissible...
1 (4), 5206
User and Usee.
Name of usee added by amend-
ments 5105
Proper party, when 4939
Set-off against, when allowed . . . 3749
Usury (see Interest and Usury).
Banks, usury by 1957
Building and loan associations..
2389, 2401
Commissions, when not usurious, 2887
Definition of 2877
Eight per cent, exceeded, is us-
urious 2886
Forfeiture of excess above legal
rate 2888
Discharged in what manner . . . 2890
May be pleaded as set-off,
when 2889
Suit for, when barred 2891
Plea of, personal 2878
Contents of plea 2878, 5090
Set-off, forfeiture pleaded as ... 2889
Titles tainted with, void 2892
Vacancies in Office.
Causes which produce 229
Clerks of superior court .... 4350-4357
Constables 4085-4089
County judge 4174
County surveyor 474
County treasurer 451
Created in what manner 229
Failure to give bond 267
Filled in what manner 230
General Assembly, members of. .
78, 79, 5755, 5816
Governor, vacancy in office of, 82, 230
What vacancies filled by Gover-
nor 132, 133, 5504, 5817, 5863
Justices of the peace 4061-4063
Ordinary 4224, 4225
Removal vacates office, when.... 5755
Senator of the United States 327
Sheriff 4370
Solicitor-general 4389
Superior court judge \. 4310
Supreme court judge 5504
Tax collectors 943
Tax receivers 931
Vacation (see Chambers).
Auditor, appointment in 4581
Certiorari, hearing in 4323
Chancery, proceeding in 4863
Judge may act on petitions in. . 4864
Contract, construed and enforced
in \ .. 4855
Decree in 4855
Demurrers, when heard in... 4321 (5)
Equity proceedings in 4863, 4864
Equity courts always open .... 4864
Extraordinary orders, on return
of case from supreme court. . 5599
Guardian's bond and oath taken
in 2529*
Judge's power restricted to ex-
press law 4325
Mandamus heard in, when 4871
Money rules, grant of 4774
New trials, hearing in, 4323, 5484, 5487
Parties, new, made in 5019
Power of judges in 4321, 4323, 4325
On return of remitter 5599
Prohibition, writ granted in, 4876, 4885
Quo warranto, granted in 4876
Writ heard in, when 4879
Receivers, motions as to .... 4321 (5)
Trustees, appointment and re-
moval in 3164
Trust property, sale ordered in.. 3172
Will, power to carry out, in .... 4855
Va-Ve
INDEX.
702
CIVIL LAW.
Vaccination.
School children
Validation of Bonds.
Appeal to supreme court
Conclusive, validation is, when . .
Costs of proceedings
Election, declaration of result...
Notice to solicitor-general ....
Notice of proceedings to validate,
Petition to be filed, contents of. .
Previous elections, bonds issued
under
Proof of validation
Value.
Market value, how proved
1397
6076
6077
6080
6074
6074
6079
6075
6081
6078
5286
Valued Policy.
Insurance company, provision as
to 2110
Variance.
Evidence and pleading, variance
between 4995
Formal variance not require dis-
missal 4995
Vendor and Purchaser (see Attach-
ments; Dower; Levy and
Sale; Purchase Money;
Sales, Private; Year's Sup-
port).
Administrators, title, how made
by 3440-3444
Of articles being manufactured, 3547
Seller's risk 3545
Conveyances of title 3599-3611
Deficiency in land sale, apportion-
ment of 3542
Equitable lien of vendor abol-
ished 2823
Existing liens conformed 2788
Lien (equitable) of vendor abol-
ished 2823
Confirmed as created under ex-
isting laws 2788
Sales to secure debts, right of...
2771-2775
Specific performance of contracts,
4036-4042
Warranty which is always im-
plied 3555
Covenants of 3612-3616
Vendue Masters.
License of, and how obtained .... 3562
Stolen horse, liability for selling, 3563.
Tax on 775
Venue 4949-4959
Banks, where sued 1983
Process, how served on.. 1984, 1985
Bonds secured by Fidelity Insur-
ance Companies 2144
Change of, in civil cases, allowed
when 4955, 5874, 5875
Costs up to time of transfer. . . 4959
County, how selected 4956
Further proceedings 4958
Transcript of order of record.. 4957
Change of, in criminal cases, 5874, 5875
In case of military officers .... 1182
Citizens of another State 4954
Civil cases at law 4949, 5874
Claim cases 4621, 4631, 4632
Corporations, suits against 1900
Garnishment against .... 1901, 4710
Counties, venue in cases between, 6082
Courts-martial 1196
Criminal cases, where tried 5874
Divorce cases, where brought . . . 5869
Dormant judgments, suits on . . . 5379
Equity cases, where tried.. 4950, 5871
Express companies 2004
How served 2005
Shall post name of chief officer, 2006
Garnishments against corpora-
tions 1901, 4710
Indorser and maker 4953
Insurance companies 2145, 2146
Joint obligors, etc., venue of suits
against 4952, 5872
Makers, indorsers, etc., suits
against 4953, 5873
Land titles, where tried 5870
Land divided by county lines . . 4956
Residing in different counties.. 5012
Nonresidents, suits against 4954
Partners, venue in suits against. 4952
Railroads, suits against (see Rail-
roads) 2334-2338, 6168
For injuries at crossings 2226
Lessees of, suits against 2335
Scire facias to revive judgments . .
5379, 5381
Telegraph companies, suits
against 2348
Titles to land, suits respecting. . .
4951, 5870
Western and Atlantic Railroad,
suits against 1031
Verdict 5329-5338
Affidavits of jurors to sustain... 5338
Impeachment by, forbidden . . . 5388
Amendment of verdict 5110
After dispersion of jury 5111
Where part is legal and part
illegal 511C
Award of arbitrators, verdict on. 4505
Construction of 5332
Contrary to evidence, new trial
granted 5477
Cover issues made, verdict must. 5329
Damages, assessment of, in de-
fault cases 5073
Decrees in equity without jury. . . 4849
Default, verdict in cases of 5078
Direct verdict, court may, when. . 5331
Divorce shall specify kind
granted 2437
703
INDEX.
Ve-Vo
CIVIL LAW.
Verdict — Continued.
Form for partial divorce 2439
Form for total divorce 2438
Number- of verdicts 2425
Equity, decrees without 4849
Special verdicts in equity, 4849, 4850
Form of, and what they must
cover 5329
Jury may ask written instruc-
tions as to 5330
Partial divorce 2439
Total divorce 2438
Trover 5334
Homestead, effect of finding 2853
Impeach verdict, juries cannot. . . 5338
May sustain it 5338
Issues made, verdict must cover, 5329
Joint trespassers, verdicts
against 3873, 3915
Jurors, affidavits of, to sustain... 5338
Impeachment by, forbidden . . . 5338
Juror not to act on private knowl-
edge 5337
Inferences which jury may
make 5157, 5163
Judgments and execution must
conform to 5333
Moulding verdicts 5333
New trial for improper verdict. .
5477, 5482
Perjury, verdict obtained by, how
avoided 5366
Plea upon which found, verdict
must show 5330
Received only in open court .... 5336
Special verdicts in equity. . 4849, 4850
Trover, verdict in 5334
Chose verdict, right of plaintiff
to 5335
Form and effect of verdict
3887, 3920, 5334
Unconditional contracts, judg-
ments on , 5669
Form of judgment 5670
Vindictive damages; not dis-
turbed, when 3907
Verification.
Amended plea 5057
Answer in equity, form of. . 5056, 5062
Non est factum pleaded by admin-
istrator 5060
Nonresident, verification by, 5059-5062
Pleas, verification of 5055-5062
Amended plea 5057
Necessary in what cases.. 5055-5066
Necessary if petition is verified, 5055
Default, opening of 5072
Petitions, verification and sanc-
tion of 4964-4968
Vessels (see Maritime Law; Pilots
and Pilotage).
Vested or Contingent Remainders.
Definition of 3100
Vested Remainders.
Creation by parol 3103
Vesting of remainder favored . . . 3104
Vested Rights.
Secured by the constitution....
5730, 5800, 5919, 5936, 5982
Veto.
Governor's power 406, 5785, 5819
Vicious Animals.
Injuries done by, liability of
owner 3821
Villages (see Municipal Corpora-
tions; Towns and Villages).
Incorporation of 684-710
Visitorial Powers.
Superior court, visitorial powers
of 1853.
Void Bonds.
Payment forbidden 5898
Void Public Sales-
Purchaser gets what 5471, 5472
Voluntary Agreements.
Litigation not compelled, where
party willing to do 3935
Specific performance of, when en-
forced 4039
Voluntary Conveyances.
Voic as against creditors, when.. 2695
Against purchasers 3530
Voluntary Payment.
Definition of, and its effect 3723
Recovery back not allowed 3723
Tax, voluntary payment of 2723
Volunteer Forces (see Arms and
Arsenals; Military Affairs;
Military Forces; Militia)....
1094-1249, 5922
Absence of officers 1119
Acceptance of another office .... 1129
Actual service, discipline, when
called into 1224
Pay and rations while in serv-
ice 1218
Adjutant-general, office and du-
ties 1097
Advisory board, and proceedings.
1207-1214
Disbandment of commands . . . 1208
Evidence before board 1210
Expenses of board 1212
Expenses of adjutant and in-
spector-general 1214
Governor may advise with
board 1211
Notice to company of disband-
ment 1209
Reports of boards 1213
Aides-de-camp, duty of 1097 (3)
Vo
INDEX.
70±
CIVIL LAW.
Volunteer Forces — Continued.
Ambulance and hospital corps...
1137-1141
Assaulting troops and resisting
attack 1174-1176
Duty of citizens when shot is
fired 1176
Resisting attack 1175
Battalion colors 1202
Battalions, number of companies
in 1102
Called out of State 1227
Change of venue 1182
Charters retained 1111
Commander in chief, Governor is, 1095
Command of, in case of war 1180
Commissary-general., duties of, 1097 (4)
Commissioned officers, how gov-
erned 1222
Commission of officers, duration
of 1143. 613S
Commission sealed and great
seal 1237
Companies and officers 1103
Company elections 1115
"Company" or '"companies" mean
what* 1109
Compensation of courts-martial. . 1188
Composed of what 1098
Constituted of what 1094
Contempt, power to court-martial
to punish for 1189, 1199
Courts-martial 11S3-1199
Compensation of courts-martial, 11SS
Constitution and rules of court. 1184
Contempt, court niav punish
for 11S9. 1199
Degraded, noncommissioned
officers 1191
Execution to be returned in
sixty days 1192
General court, how convened.. 1185
Pay of 1198
Service of notice 1196
Special 1194. 1195
Detachment of. called for by
United States 1225
Disbandment of commands 1208
Notice to company 1209-1214
Discharge and resignation of
officers 1118-1121
Of commissioned officers 1119
Of enlisted men 1128
Discharged cannot re-enlist 1103
Discipline when called into actual
service 1224
Division into regiments, battal-
ions, companies, etc 1100
Drill, order of 1201
Duration of commission 1143
Election day, military parade on. 1233
Election for officers, plurality of
votes decide 1235 |
Where held 1236
Election returns 1117
Elections, company elections . . . 1115
Contested, how decided 1142
Field officers 1116
Encampment, annually required, 1215
Permanent camp site 1217
Transportation of troops 1216
Enlisted men, discharge of 1128
Enlistment, form of 1106
Discharged cannot re-enlist . . 1108
Term of enlistment 1105
Who may be enrolled 1104
Examination of officers 1123-1126
Exemption from sale, arms and
accoutrements, etc 1234
Execution to be returned in sixty
days 1192
Fines collected by 1190
Exempt from jury and road duty, 1200
Flag, description of 1149
Form of enlistment 1106
General provisions adopting mili-
tary law 1223
Government of noncommissioned
officers and men 1221
Governor may order regulations. 1203
Governor's staff 1096
Graduate officers 1113
Assignment for duty 1114
Honorable retirement 1121
Hospital and ambulance corps..
, 1137-1141
Privates, detail of 1140. 1141
Hospital corps 1137
Hospital stewards 1138
Qualifications of 1139
Inspector-general of rifle practice.
1097 (3)
Inspector-general, duties of. . 1097 (4)
Insurrection, invasion, etc., Gov-
ernor's duty : 1229
Intoxicated visitors, treatment of. 1167
Invasion, proceedings in case of. 1168
Judge advocate, office and duties, 1097
Jury duty, exempt from 1200
Leave State, volunteer forces not
to 1206
Magistrates, troops ordered out
by 1181
Report to Governor 1181
Mayor's call in case of emer-
gency 1170
Medical department 1130-1136
Appointment of officers of .... 1131
Examination 1 1132
Hold office during good be-
havior 1133
Surgeon-general 1134
Surgeon-general to assign 1135
Vacancies 1136
Military fund 1204
Military secretary, duty of. . 1097 (3)
705
INDEX.
Vo
CIVIL LAW.
Volunteer Forces — Continued .
Militia constitutes 1094
Failing to disperse 1172, 1173
Mobs, Governor's duty 1169
Mobs to be ordered to disperse,
before firing 1171
Names retained 1112
Noncommissioned officers and
men, how governed 1221
Oath of commissioned officers. . . . 1127
Officers, acceptance of another
office 1129
Officers, boards of, examining.... 1124
Compensation of board 1126
Examination of officers . 1123
Reports of boards 1125
Officers, election and discharge
of 1115-1121
Election of, plurality votes
decide 1235
Election, where held 1236
Result to be transmitted to ex-
ecutive department 1238
Examination of . . . 1123-1126
Punishment of 1197
Receiving money collected.... 1193
Refusing to attend courts-mar-
tial 1187
Special courts-martial.... 1194-1196
Staff, appointment of 1122
Subject to fine 1186
Order of drill 1201
Organization of 1098, 1099
Other troops, not to be formed or
drilled 1205,
Parades (see Military Affairs) . .
1163-1165
Parade, under arms how long. . . . 1233
Pay and rations while in service
1218.. 1230, 6139
Pay of courts-martial 1198
Penalties, fines, etc 1183
Prisoners, protection of . . . . 1179-1182
Provisions and rules 1218-1228
Punishment of officers 1197
Quartermaster-general, duties of
1097 (3)
Ration and pay in actual service, 1230
Rations while in service . . . 1218, 6139
Regimental and battalion elec-
tions 1116, 1117
Regiment consists of three bat-
talions 1101
Regulations' by Governor . . 1201-1203
Reports of officers, annually .... 1219
Report themselves, duty of offi-
cers to 1239
Resignation and discharge of offi-
cers 1118-1121
Retain organization and privi-
leges 1099
Right of way for troops 1177
Control the streets 1178
45 — Ga. Code
Riot, penalty for 1172
Killing rioters or injuring prop-
erty 1173
Riots, Governor's duty 1169
Road duty, exempt from 1200
Rules and provisions 1218 1228
Rules, how prescribed 1220
Rules of courts-martial 1184
Service of notice, courts-martial, 1196
Special courts-martial 1194
Officers, how tried 1195
Staff officers, appointments of. . . 1122
Staff and organization 1094-1141
Substitute may be provided for,
when called into service of
United States 1228
Sudden invasion, duty of resident
commanders, in case of .... 1231
Sutlers under control of com-
manding officer 1166
Treatment of intoxicated visi-
tors 1167
Term of enlistment 1105
Toll bridges, ferries, etc., officers
of militia to pass free 1232
Transfer to another company . . 1107
"Under arms" for what period... 1233
Uniforms 1144-1148
Advisory board to contract for, 1147
Exemption from levy and sale, 1148
Fatigue uniform 1146
Service uniform 1145
United States, detachment of, call
for, by 1225
Militia, when called into serv-
ice of United States 1226
Vacancies, terminate office, when, 1110
Venue, change of 1182
Venue, courts-martial 1196
Who may be enrolled 1104
Volunteers.
Equity of, inferior to purchasers, 3931
Marriage articles executed in
favor of, when 2486
Who are volunteers 2486
Mistakes, volunteers not relieved
from 3972
Votes and Voters (see Elections:
Electors; Suffrage).
Ballot, vote to be by 5736
Bribery, conviction for, disfran-
chises 5738
Congressmen, who may vote for
5961, 6032
Crimes involving moral turpitude,
disfranchisement for 5738
Duelists, disfranchised 5741
Embezzlement of public funds,
disfranchises 5738
Females cannot vote 1810
Freedom from arrest 77, 5739
Vo-Wa
INDEX.
706
CIVIL LAW.
Votes and Voters — Continued.
Idiots and insane persons, not
permitted to vote 5738
Illegal votes proven by both par-
ties 109
Larceny, conviction of, disfran-
chises 5738
List of, how prepared 53, 54
Malfeasance in office, conviction
of, disfranchises 5738
Oath of 36, 5737
Pardon as restoring suffrage
5738, 5741
Qualification of (see Elections)
32, 33, 5737
Registration of 35-65, 5738
Right of, not to be abridged 6035
Taxes to be paid as condition
precedent 5737
Town or village, qualified voters
of 693
Treason against the State, con-
viction for, disfranchises.... 5738
Voters' Book.
More than one opened 46
Contents of 36
Oath to be signed in 41
Opened, when 36-39
Signature in 43, 46
Vouchers.
Administrator's duty to keep.... 3416
Fiduciaries must keep 3007
Vouching.
Effect on warrantor, 3617, 5001, 5234
Vulgar Testimony.
Exclusion of persons from court
room 5296
Wagers.
Contracts illegal 3668
Wages.
Checks for, must be redeemed.. 1871
Children, parents' right to wages
of 2502 (4)
Due by master, when 2614
Garnishment, wages of laborers,
etc., exempt 4732
Laborers' lien for 2792, 2793
Waiver.
Commission to take interrogato-
ries
Dower, waiver of
Exceptions, when taken
Depositions read on first
trial, not subject to
Form of caption in cases of . . . .
Discovery, waiver of
Answer not evidence
Homestead, waiver of
2863, 2864, 5914,
Jurisdiction, waiver of
Law, waiver of
5313
4689
5314
5314
5313
4962
3946
5916
5079
10
Process and service 4983
Process, waiver of 5109
Tort and suit brought on con-
tract 3811
War.
Command of volunteers by Gov-
ernor, in case of 1180
War of Invasion.
Duty of volunteer forces 1168
Ward (see Guardian and Ward).
Domicile of ward 1827, 1830
Law governing relation of guard-
ian and ward 2512-2593
Misapplication of funds of estate,
rights of ward 3200, 3201
Torts to ward 3816
Warehousemen (see Bonded Public
Warehouses).
Depositories for hire, warehouse-
men are 2930
Diligence required of 2930
Warrants (see Penal Code).
Application for, under head rights, 3227
Issue, when 3230
Appraisement, warrants of, law
governing 3407-3414
Constitutional guarantee against,
unreasonable 5713
Warrants on State Treasury.
Appropriated funds, warrants
only on 206 (7)
Fund drawn on, to be specified.. 140
Payments made only on.. 140, 199 (1)
Record of, to be kept 199 (2)
Record of, kept by Comptroller. . 212
Warranty.
Administrator cannot make .... 3456
Breach of, administrator not lia-
ble 3456
General warranty includes
what 3614
Negotiable paper 3685
Suit for, without offering to re-
scind 3616
Warrantor vouched, effect of. .
3617, 5001, 5234
Burden of proof 3617
Buyer, caution to be exercised by,
in absence of warranty 3555
Construction of 3558
Covenants running with land, go
to purchaser 3612
Damages for breach of 3804
Effect of offer to rescind 3616
For breach of, to land 3804
Deed to land, warranty covers
known defects 3615
Effect of breach of 3556
General warranty defined 3614
Covers known defects 3615
Implied warranties 3555
None is implied in land sale. . . 3613
707
INDEX.
Wa-We
CIVIL LAW.
Warranty — Continued.
Improvements, how estimated... 3804
Latent defects 3559
Negotiable instrument, implied
warranty of transferror .... 3685
Officers warranty binds him,
when 5449
Patent defects 3560
Rescind, offer to, not necessary, 3616
Waste.
Administrators, waste by 3402
Executors 3317. 3402
Guardians 2532
Tenant for life 3090
Trustees 3184, 3201, 4004
Injunction not granted when
title in dispute 4917
Watercourses (see Streams).
Bridges or ferry rights over 3063
Counties divided by, jurisdiction, 30
Ditches and levees (see Streams), 3062
Easement to throw water on an-
other's land 3590
Fences, when 1771
Land owner, rights of 3879
Miners, right to divert 652
Obstructing, suit for 3879
Right of owner to divert or alter
stream 3879
Rights above and below surface . .
3880, 3881
Riparian rights, law relating to. .
3057-3063
Underground streams 3880
Water Works Companies.
Cpndemnation of rights of way or
sites 2408
Consent of city required 2409
Incorporation of 2407
Rights conferred upon 2407
Ways (see Highways; Private
Ways; Roads and Bridges).
Approach of premises, owner's
liability 3824
Easement acquired by prescrip-
tion 3590
Granted, when 5729
Interference with, when a tres-
pass 3882
Necessity ceasing, way ceases... 3066
Private ways, law concerning. . . .
661-682, 4239
Right of way, arises how 3065
Weeks.
Advertisement for four weeks,
how counted 5458
Weighers of Cotton, Rice, Etc, 1601-1609
Deduction for wet, etc 1602
Duties of weighers 1601-1609
Weighers of Freight.
Oath required of
2309-2312
Weights and Measures 1634-1639
Legal weights declared 1634
Oath of official weigher, penalty, 1603
Ordinary to give notice 1639
Power of congress to fix .... 5794 (5)
Seal or stamp for making 1635
Selling by deficient weights 1637
Standards of, to be procured.... 1638
"Turn of scales," no deduction to
be made for 1606
Unmarked weights, penalty for
selling by 1636
Vendors, weights and measures
of, must be marked 1636
Weighing cotton 1601, 1602
Western & Atlantic Railroad.. 1020-1069
Account taken when officer dis-
missed 1048
Agents, bond of 1051
Disposition of affidavit and
bond 1052
Oath of agents 1050
Renewal of bonds annually. . . . 1053
Settlement with agents 1054a
Agents, bonds to be examined by
Governor 1055
Agents, to report monthly ...v... 1046
Auditor appointed by Governor. . 1039
Bond of 1041
Duties of, enumerated 1043
File and record of bond 1042
Oath of 1040
Superintendent differing with.. 1059
Bond, additional bond required,
when 1045
Books' of, prima facie evidence... 1033
Buildings of, owned by State....
1014, 1020
Conductor's oath 1056
Settlement by conductor 1058
Credit for freight, forbidden 1057
Damage to live stock, liability of
2252-2260
Debtors of, are public debtors... 1034
Defaulters, amount due by, how
treated 1049
Defaulting officers or agents dis-
missed 1047
Proceedings on dismissal 1048
Dismissal of officers or agents. . . 1047
Proceedings on 1048
Demand before bringing suit.... 1032
Former laws, still of force 1024
Free passage 1066
Laws applicable to 1022, 1023
Laws governing, superintendent
to enforce 1067
Liable as other railroad compa-
nies 1023
Lime, transportation of freight. . 1068
Monthly report of agents 1046
Officers, additional bond required
of, when 1045
We-Wi
INDEX.
708
CIVIL LAW.
Western & Atlantic Railroad — Cont'd.
Appointment 135
Differing, who decides 1059
State's remedy against 1044
Penal laws touching railroads ap-
ply to 1022
Preceding laws of force 1024
Proceeds paid monthly into treas-
ury 1060
Property of State 1014, 10Z0
Relation of State to 1021
Remedy of State against officers, 1044
Road laws apply to 1022
Rules of, force and effect of 1030
Rules, record of, printing and fur-
nishing 1029
Force of said rules 1030
Sale of, to pay bonded debt, al-
lowed 5900
Sale of useless iron, etc.... 1061-1065
Stock gaps, landowners may
build 1069
Suits against 1031
Demand necessary before suit, 1032
Superintendent, appointed by
Governor 1025
Bond and security of 1026
Oath of 1027
Powers of superintendent .... 1028
Superintendent, laws to be en-
forced by 1067
Superintendent, salary of 1025
His authority and duty.. 1028, 1067
Travel without charge, who may, 1066
Treasurer, appointment of 1035
Bond and security of 1037
Duties of 1038
Oath of 1036
Useless iron, etc., sale of 1061
Officers not to purchase 1063
Record of sales to be kept.... 1064
Restriction on sale of property, 1065
Terms of sale 1062
Wharfingers.
Depositories for hire, wharfingers
are 2931
Diligence required of 2915-2931
Whipping.
Prohibited as punishment for
crime 5704
Widows.
Debts of husband, widow may
pay, how 3473
Dower, right of 4687-4696
Dwelling house, widow to have,
until dower assigned 4693
Estates during widowhood, con-
strued to be life estates, 3089, 3108
Georgia Confederate soldiers, wid-
ows of, pensions for. . . . 1262-1266
Widow entitled to pension at
death 1267
Homicide of husband or child,
right to sue for 3828-3866
Inherit, when and how 3355
Limitations on estates during wid-
owhood 3108
Setting apart of (see Dower) . .
4697-4704
Marriage of, limitations on, when
void 3108
Testamentary guardian, right to
appoint 2515
Year's support (see Year's Sup-
port) 3465-3473
Wife (see Husband and Wife).
Deed to land in which she is in-
terested, how attested 3622
Homestead rights of, how pro-
tected 2842-2846
Wild Animals.
Deposit by 3074
Honey bees and other increase, 3074
Increase of, ownership in 3074
Belongs to owner of mother. . . . 3075
Property in 3073
Wild Lands (see Tax and Taxa-
tion).
Administrators, sale of 3448
Comptroller-general not speculate
in 208
List of, furnished to clerk of su-
perior court 207
Clerk to keep record of 207
Owners to be notified of returns
received 822
Notice by mail 824
Penalty for failing to give -823
Private ways over 671
Redemption from tax sale 910
Return of, for taxation 820, 821
Double tax 820, 821
Sale of, for tax 6059
Secretary of State not to specu-
late in 182, 208
Speculation in, by officers, forbid-
den 182, 208
Surplus from sale of, paid to
Treasurer 910
Taxation of 821-825
Wild Turkeys (see Penal Code).
Protection of 6647
Wills 3253-3352
Administrator with the will an-
nexed 3309
Admission of legatee, etc., to im-
peach will 3296
After-acquired property passes
under 3329
Annuities charged upon lands by, 3067
Attestation 3272
By illiterate persons 3273
Bequests or devises, law as to. . .
3319-3339
709
INDEX.
Wi
CIVIL LAW.
Wills — Continued.
Birth of child, revokes will, when, 3347
Blind mutes 3270
Strict- scrutiny required 3270
Capacity necessary to make, 3264, 3271
Definition of testamentary ca-
pacity 3266-3268
Charitable devises .' . 3277
Cy pres, doctrine of 3338, 4007
Codicil, definition of 3263
Executed with same formality, 3263
Republishes will, when 3348
Copies as evidence 3290, 3291, 5167
Construction of wills.. 3083-3086, 3324
Conviction of crime, not deny
right to make 3269
Copies of wills, records, etc., ad-
missible, when . . 3290, 3291, 5167
Deaf and blind persons, wills by, 3270
Deed and will, instrument may be
both 3255
Deed or will, intention of maker
governs 3254
Definition of will 3253
Devises and legacies (see that ti-
tle) 3319-3339
Direction, petitions for 4000
Discretion to executors 3278
Dower, provisions of will bar,
when 4689
Duress as avoiding will 3260
Eccentricity, embicility, etc 3261
Effect, when a will takes 3257
Election under . . 3334, 4013, 4015, 4689
Estates upon condition, created,
when 3136-3140
Estates which may be created by
will 3080-3162
Execution, formalities of 3272
Executors (see Executors), 3307-3318
Appointment of, by will 3308
Discretion as to 3278
Failing to offer for probate, re-
nounce 3294
Legacy in lieu of compensation, 3314
Nonresident may be, when . . 3293
Power of, before probate 3307
Takes what interest under will, 3313
Executor, citizen of this State 3304
Executor refusing to probate. . 3305
Copy as evidence 3291
How executed here 3297-3306
Personalty, will bequeathing,
probate of 3303
Probate of 3297
In State where testator re-
sided 3301
Executory devise in wills 3339
Express revocation, definition and
effect 3341
Fee simple, estate created by
will, when 3081-3086, 3102
Foreign wills, definition of 3298
Evidence to admit to probate. . 3300
Form of will 3254
Formalities of execution 3272
Fraud vitiates 3260, 3261
Equity has no jurisdiction
over 4024
Good in part, bad in part 3259
Guardians, appointment of, by
will 2514, 2515
Appointed by will of widowed
mother 2515
Illiterate persons, attestation by, 2373
Implied revocation, definition and
effect 3341, 3345
Inconsistent provisions, latter
prevail 3346
Infants under fourteen cannot
make 3265
Insane persons cannot make 3266
Intention governs as to whether
instrument is deed or will.. 3254
Interpreter, qualifications, oath,
etc 3271
Inventory may be dispensed with
by will 3278
Judges, power in vacation 4855
Knowledge of contents by testa-
tor 3276
Scriviner, as a beneficiary
proof required 3276
Land in Georgia devised, requi-
sites 3299
Charges on, follow it 3067
Legacies, law relating to (see
Legacies) 3319-3339
Legal wills, definition of 3259
Partly legal, partly illegal 3259
Life estate created by will,- 3087, 3088
Lost wills, copies, how proved.. 3289
Lunatic may make, when 3266
What must appear 3266
Marriage, limitations on. in wills,
2410-2415, 3108
Revocation of will by marriage, 3347
Mental capacity necessary to
make 3264-3271
Minors, intestacy as to, declared,
when 3283
Mistake vitiates, pro tanto 3262
Monomaniacs, authority to make, 3266
Mutual wills and revocation
thereof 3256
Nuncupative wills (see that title)
3349-3352
Original will to remain in office. . 3290
Perpetuities, rule against 3102
Personalty of testator resident
out of this State 8
Persons who may make 3264-3271
Power of testators 3258
Probate of domestic wills (see
Probate of Wills) 3279-3296
Jurisdiction of ordinary... 4232 (1)
Wi
INDEX.
710
CIVIL LAW.
Wi I Is — Continued.
Refused to what wills 3258
Proper probate, presumption of. . 5221
Remainders by will, how and
when created (see Remainder
Estates; Remaindermen) ...
3098-3103
Renunciation by executor.. 3294, 3295
Republication, how effected .... 3348
Re-recorded, when 5229
Returns, will may dispense with, 3278
Revocation, canceling as effect-
ing 3343
Codicil annexed to revoked will, 3348
Destruction of, will not revive
former will, when 3342
Republication proved by pa-
rol 3342
Executed in what 'manner .... 3342
Express or resulting 3341
Express revocation, how ef-
fected 3343
Implied revocation 3341, 3345
Intention to revoke 3344
Marriage or birth of child 3347
Mutual while with covenant
against 3340
Testator's right to revoke 3340
Sale under will, how made 3460
Scriviner benefited by, proof . . . 3276
Survivorship, words of, in will,
how construed 3104
Take effect from death of testa-
tor 3257
Testamentary scheme 3259
Cypres, doctrine of 3338, 4007
Testator's power 3258
Testamentary guardians... 2512, 2514
Trusts created by will 3149, 3162
Undue influence, annuls will . . . 3260
Vacation, power of judge over
will 4855
Valid in part, invalid in part. . . . 3259
Voluntary, wills should be, 3260, 3261
Withheld from probate, penalty
for 3288
Witness, competency of 3274
Incompetency of witness subse-
quently arising 3274
Legatee, effect of witness be-
ing 3275
Words, construction of 3084
Wines.
Sale of domestic wines in cities
756-757
Witnesses 5267-5295
Accomplice, corroboration neces-
sary (see Penal Code) 5156
Accused, right to be confronted
with 5703, 6018
Right to process for 5702, 6019
Agent, competency of, for or
against principal, 3034, 5192, 5269
Arrest, privileged from 5265
Attendance compelled in what
manner 5260-5264
Attorney's competency
5199, 5269 (5), 5271
Confidential communciation sa-
cred 5199
Breach of promise of marriage,
parties excluded 5272
Children, competency of 5273, 5276
Competency of, law as to . . 5269-5278
Adultery, exceptions contained
in § 5269 not apply in cases
of 5272
Agent of corporation, deceased
or insane 5269 (3)
Agent or attorney at law, ad-
versary party being dead or
insane 5269 (5)
Arbitration cases 4496
Examination of witnesses .... 4497
Breach of marriage contract,
§ 5269 not apply to 5272
Court to decide 5267
Death as affecting 5269 (1) .
Decision by inspection 5276
Drunkenness disqualifies, when, 5274
Exceptions to competency, 5269, 6200
No other exceptions allowed, 5270
Idiots, lunatics, and children. . 5273
Person not a party, incompe-
tent, when 5269 (4)
Persons who are competent to
testify 6200
Physical defects not incapaci-
tate 5275
Representative of insane or de-
ceased person, suit against
other joint defendant, incom-
petent, when 6222
Surviving party or his agent,
Restored in what manner .... 5278
competent, when 5269 (6)
Competent to testify, who are. . . .
5269, 6200
Adversary party being .... 5369 (1)
Compulsory testimony of wit-
nesses by railroad commis-
sion 6431
Compelled to give evidence in
suits or prosecutions in State
courts 6432
Confronted with, right of accused
to be 5702
Continuance for absence of (see
Continuance) 5129, 5130
Application to show what 5129
Costs of witnesses of adverse
party 5392
County judge, authority to com-
pel attendance 4207
11
INDEX.
Wi
CIVIL LAW.
Witnesses — Continued.
Credibility of witnesses for jury
5294, 5295
Crime no disqualification... 5269-6200
Crimination of self not compelled
5269, 5703
Damages for failing to attend..
4164, 5263
Deaf and dumb, competency of. . 5275
Death as affecting competency . . 5269
Deeds, two witnesses required to, 3599
Divorce, confessions as evidence, 2430
Parties cannot show adultery.. 5272
Drunkenness destroys compe-
tency 5274
Examination of witnesses... 5279-5289
How conducted 5691
Cross-examination of witnesses, 5282
Several parties, right of each, 5282
Examined only as to relevant
matter 5280
Leading questions 5283
Memorandum in aid of wit-
nesses' memory 5284
One attorney to the side to con-
duct 5691
Opinion of witness 5285
Separate examination of 5280
Irregularity not exclude wit-
ness . . 5280
Treatment of witnesses 5281
Expert's opinion, admissible 5287
Failing to attend, witness at-
tached 5263
Liability for damages 5263
Feeling and relationship 5289
Fees of 5260
Excessive claim forfeits all.... 5262
No fees in certain cases 5266
Payment of fees 5261
Fine for nonattendance 4164, 5263
Former trial, use of testimony ad-
duced on 5186
Freedom from arrest 5265, 5281
Husband and wife, competency of
5198, 5272
Impeachment, contradictory
statements 5292, 5295
Credit to be given impeached
witnesses 5295
Disproving facts testified to... 5291
General bad character, credit
for jury 5295
General bad character 5293
Sustained in what manner.. 5293
Impeaching one's own witness, 5290
Opposite party may be made
a witness 5290
Particular transactions not in-
quired into 5293
Sustained in what manner 5292
Swearing falsely wilfully, testi-
mony disregarded entirely.. 5295
Interest no disqualification, 5269-6200
Interpreter, testimony by 5275
Interrogatories, examination of
witnesses by (see Interroga-
tories) 5297-5322
Names of witnesses must give
in 5664
Jurors as witnesses 5337
Justices' court, penalty for failing
Leading questions in interroga-
tories 5668
Justices' court, penalty for failing
to attend 4164
List and compulsory process,
right to have 5702
Market value, how proved 5286
Memorandum in aid of witnesses'
memory 5284
Mortgages, witnesses to 2724
Newly discovered witness, when
ground for new trial 5480
Nonresident, in criminal cases,
tax levy to pay 404 (5)
Number necessary ,5146, 5156
Oath of affirmation of 5279
Objection to, when taken and
how proved 5277
Opinions of witness 5285, 5287
May be inquired into, when . . 5293
Opposite party may be made a
witness 5290
Right of impeachment 5290
Parties, right to summon as 3954
Competency of parties 5269
Perjury, number required to con-
vict 5156
Pilotage, before commissioners of,
1675, 1676
Preponderance of evidence 5146
Privileges of witnesses', 3957, 5281, 5288
Prisoner, how brought up 5264
Probate of deeds by 3624
Railroad commissioners, power
over 2210
Recognizances of, how kept 5682
Refresh recollection, witnesses'
right to use memorandum. . . 5284
Relationship and feeling 5289
Religious belief goes oniy to
credit 5268
Responsive answer, number re-
quired to overcome. . . . 3950, 5156
Separate examination of 5280
State of feeling and relationship. 5389
Subpoenas, direction, service, etc., 5260
New subpoena not required,
only notice t. • 5260
By ordinary 4250 (5)
For witnesses in justices'
courts 4131
Wi-Ye
INDEX.
712
CIVIL LAW.
Witnesses — Continued.
Subpoena (slices tecum, law relat-
ing to (see that title) . . 5263-5269
Subscribing witnesses must be
produced, exceptions 5244
Other proof allowed in what
cases 5245
Sustaining impeached witness. . .
5292, 5293
Testimony of witnesses on former
trial, admissibility of 5186
"Wife, competency of 5198
Wills, competency of witnesses
to 3274
Attest in what manner... 3272, 3273
Interpreters and scriveners ....
3270, 3271
Witnesses cannot take legacies
under 3275
Wood.
Cord of, defined 1600
Firewood, measurement, deficien-
cy 1600 (9)
Inspector, city's right to appoint, 1600
Words.
Description, words of 2998
Meaning of certain words (see
that title) 5, 3322
Ordinary signification attached, 4 (1)
"Perils of the sea," include what, 2126
Survivorship in wills, how con-
strued 3104
Technical words used in con-
tracts 3675
In limitations over, how con-
strued 3084
Usual signification attaches to,
3675 (2)
Words and phrases.
"Railroad company" 2199
"Railroad corporation" 2199
Worship.
Freedom of conscience, guaran-
teed 5709, 5710
Writing.
Construed by what law 8
Attorneys' agreements must be
in 5632
County contracts must be in.... 343
Includes printing and numerals.. 5
Motions must be in 5677
Notices to officers of court 5679
Obligations which must be in. . . .
2693, 2694
Writings (see Statute of Frauds).
Contemporaneous writings, when
admissible 5202
Evidence as to private writings,
law regulating 5239-5247
Notice, writings as 5210-5259
Production of, in evidence (see
Notice to Produce)
5243, 5254, 5248-5359
Writ of Election.
Legislative vacancies, Governor
issues writ for 5816
Writ of Error (see Fast Writ of Er-
ror; Bill of Exceptions, under
Supreme Court).
City courts 4307
Form of 5533, 5539
Injunction cases 4925, 5569
Law regulating 5526-5557
Lies in what cases 5526
Law as to 4960-4995
Objections to, when to be urged, 5659
Record of, in writ-book 4361
Signed by law firms in what man-
ner 5640
Writ of Possession.
How issued 5418
Officer shall not put purchaser in
possession 5468
Lessee cannot be dispossessed,
when 5470
Operates against, when .... 5419, 5451
Possession, how obtained 5469
Void mortgage sale, purchaser
at 5471
Void sale, defendant bound by,
when 5472
Widow and lessee cannot be dis-
possessed 5470
Wrongs (see Damages: Torts).
Law governing 3807-3920
Year.
Administrator's exemption for
one year 3439
Winding up estates within. . . .
3421-3424
Agreements not to be performed
within the year shall be in
writing 2693, 3044
Begins and ends, when 202, 233
Defined 5
Yearly Reports.
County officers 364
Include what 157, 233
Official report includes what, 202, 233
Tax receivers and collectors....
364, 418, 419
Year's Support 3464-3473
Assigned, party, how made pend-
ing suit (see Administrators;
Administration of Estates ;
Distribution of Estates) 5022
Choses in action assigned, who
may sue on 5022
Crops, landlord's lien and widow's
right 6183 (a)
713
INDEX.
Ye
CIVIL LAW.
Year's Support — Continued.
Continuance from year to year. . 3466
Landlord protected for rent and
supplies furnished 6183 (a)
Objections to trial and appeal... 3467
Parties how made when year's
support assigned 5022
Preferred before all other debts
3465, 6183
Landlord's lien for rent and
supplies 6183a
Purchase money mortgage, supe-
rior to 3472
Title to, vests in whom 3468
Two sets of children 3470
INDEX.
PART V.
INDEX TO PENAL CODE OF 1895 AND ACTS PASSED
SINCE ITS ADOPTION.
Note. — The references are to sections. The letters C. C. before a number mean the Civil Code of 1895. Sec-
tions between Nos. 6037 and 6758 are to be found in this Code Supplement; i.e., in Vol. IV. of the Code.
Abandonment of Child.
Definition of 114
Punishment 114
Wife a competent witness 114
Abortion and Foeticide 80-82
Punishment of 82
Abstract of Evidence.
Courts of Inquiry shall require. . 911
Abuse.
Abuse while under arrest or in
prison 12
Abusive and Obscene Language.
Jurisdiction of offense 397
Punishment 396
Using without provocation 396
Accessories.
Definition of 44
Principal, accessory tried before,
when 49
Tried, when 49
Accessories After the Fact.
Definition 47
Punishment of 48
Receiving or harboring guilty
persons 321
Trial of 49
Accessories Before the Fact.
Definition of 45
Punishment of 46
Tried, when 49
Accident.
Crime committed by, not punish-
able 40
Accomplice.
Corroboration of, in felony cases, 991
Accusation.
City courts, trial on 783
Based on affidavit 783
Copy to be furnished 8 (2)
County courts, drawn by judge. . 753
Defense of defendant 754
Previous to arraignment 945
Warrant, issue of 783
Administrator.
Fraudulent conversion by 190
Admissions and Confessions.
(See Confessions.)
Acquiescence or silence 1003
Definition of .1002, 1003
Entire conversation, right to give
in 1004
Scanned with care 1005
Adulterated Drugs.
Definition of 483
Samples for analysis 484
Selling of 482
Adulterated Food or Drink.
Grand jury to present 469
Sale of, prohibited 468
Adulterated Milk.
Definition of 456
Punishment for sale of 465
Sale without analysis 468
Adulterated Preparations.
Punishment for selling . .482, C. C.,1500
Seller shall furnish samples for
analysis 484
Adulteration of Candy.
Punishment 6685, 6686
Adultery and Fornication.
Definition and punishment 381
Prosecution may be stopped by
marriage 388, 6747
Advertising.
Officers demanding more that the
legal rate 303
Retaining part of pay 304
Advisors to Kill Infants 77
Aforesaid and Preceding.
Meaning of terms 2
Affidavit for Warrant.
Contents of 883
Form of affidavit 884
Affirmation.
Oath includes affirmation 2
714
715
INDEX.
Af-Ar
CRIMINAL LAW.
Affrays.
Definition and punishment 355
Alibi.
Defense of 992
Range of evidence 992
Altering Brands or Marks on Ani-
mals.
Punishment 165
Alterating or Removing Landmarks.
Punishment for 693
Animals.
Altering brands or marks on.... 165
Breaking a pound 566
Carcasses in streams 492-495
Cruelty to -. 703
Definition of 705
Disposition of fine 704
Enumerated, stealing of 164
Impounding and estrays 566, 567
Owner must bury dead animals
and fowls 493-495
Announcement.
Ready or not ready for trial 959
State first to make 959
Exceptions 959
Apothecaries.
Exempt from jury duty 867
Apprentices.
Enticing away 119-122
Who may be witnesses 120
Argument.
Defendant introducing no testi-
mony 1029
Order of 1029
Armories.
Injuries to 728
Arms.
Carrying deadly weapons to court 342
Firearms (see that title) 508
Furnishing weapons to minors. . . . 344
Offenses relating to 341-344
Person summoned by officer, to
bring 359
Pointing gun or pistol at another 343
Selling arms belonging to the
State 202
Arraignment.
Bar-dock when prisoner may be
placed in 944
Cases not capital, prisoner not
placed in 944
Copy accusation and list of wit-
nesses, right to have 945
Demurrer to be in writing 950
Entry of, on indictment 949
Fetters, prisoner not arraigned in 943
Form of and plea of "guilty" 946
Issue, what constitutes 947
May be recorded afterwards. 947, 948
Plea to indictment 946, 947
Special plea to be in writing.... 950
Standing mute or pleading not
guilty 946, 947
Array.
Challenge to 972
Arrest.
Abuse under, prohibited. 12
Acts which will constitute 893
Affidavit and warrant must state
what 883
Arresting officers not to procure
dismissal of warrant 6682
(See Arresting Officers.)
Breaking open doors to effect. . . . 894
Conductor's authority to make 902-904
County in which made 898
Cruelty, arrests for 889
Definition of arrests 893
Duty of arresting officer 899-901
Electors, privilege from 890
Form of warrant 885
Force not essential to 893
Governor may offer rewards 881
Members of legislature, privilege
from 891
Militiamen, privilege from. ....... 892
Officer bound to make, may sum-
mon posse 895
Officer may make, in any county, 898
Expenses to be borne by what
county 898
Police at place of worship 905
Police of railroads 902-904
Posse, officer may summon.. .. 895
Private person making 900
Privilege of electors 890
Members of legislature. . ." 891
Militiamen 892
Rewards for, Governor's authority
to offer 881
Selection of magistrate to try the
cause 897
Warrant, arrest without 896
Executed without backing 888
Contents of warrant 883
Form of 885
Warrants for, issued by what per-
son 882
Arresting Officers,
Dismissal of warrant, officer not
to procure 6682
Cost not collected until warrant
returned 6683
Punishment 6684
Arrest of Judgment.
Exceptions to form before trial, 955
Motion sustained, when 955
Arsenals and Armories.
Injuries to . . . : 728
Arson.
Attempt to burn dwelling house
not in city 140
Ar-Ba
INDEX.
716
CRIMINAL LAW.
Arson— Continued.
Burning defined 143
Day time and night time, arson in, 146
Death, arson causing, punishment, 147
Definition of 135, 136
Committed in city, etc 137, 6744
Outhouse not in city, burning of. . 141
Punishment 142
Person in possession of house,
burning by 148
Punishment of 137, 6744
Railroad bridge, burning of 145
Setting fire defined 144
Setting fire to an outhouse, pun-
ishment 142
Unoccupied dwelling, burning of. . 139
Unoccupied dwelling on farm.... 138
Assault.
Actual perpetration prevents con-
viction for 19
Attempt, actual perpetration pre-
vents conviction for 19
Conviction of, forbidden when. . 19
Definition of 95
Officer, assault by, under color of
his office 284
Opprobrious words proven in de-
fense 103
Punishment 96
Assault and Battery.
Battery, definition and punish-
ment . 102
Opprobrious words proven in de-
fense 103
Wife-beating 104
Assault to Injure Clothes.
Definition and punishment 101
Assault Under Color of Office.
Punishment . 284
Assault With Intent to Murder.
(See Murder.)
Definition and punishment 97
Stabbing, when it is 112
Assault With Intent to Murder Un-
born Child.
Use of medicine, etc., to destroy. 81
Assault With Intent to Rape.
Punishment mm 98
Assault With Intent to Rob.
Definition 99
Punishment 100
Asaulting Officers Serving Process 306
Assistant Keeper of Penitentiary.
Appointment, duty, salary, etc.,
1177, 1178
Assaulting Troops and Resisting At-
tack C. C, 1174-1176
Assisting to Escape From Custody.
Punishment 313
Assisting to Escape From Jail.
Definition and punishment 312
Asylum.
(See Lunatic Asylum.)
Attempt.
Actual perpetration prevents con-
viction for 19
Attainder.
Bill of, not to be passed 3
Attempts.
Capital crimes, attempts, how
punished 1040
Crimes punishable with four years
or more 1040
Three years or more 1040
Two years or more 1040
One year or more 1040
Felony, punishment for attempt
to commit 1040
Jury may find, on trial for main
offense .1035
Misdemeanor, punishment for.... 1040
Attempt to Incite Insurrection.
Definition 56
Punishment - 57
Attempt to Rescue.
Punishment of 311
Attorneys at Law.
Barratry 325
Punishment 325-327
Pensions, taking fees for, penal, 6690
Penalty 6691
Soliciting business 326
Witness against client, incompe-
tent 1011 (5)
As to knowledge acquired out-
side of relationship .... 1011 (5)
Attorney-General.
Duties of, in criminal cases 880
Fees, taking, prohibited when. . . . 300
Lessee cited to answer charges,
State represented by 1179
Bail.
Bench warrant, bail taken under. . 932
Capital offense, bailable only by
Superior Court 933
Committing court, authority to
take 922
Capital case, cannot take bail in 9?3
Court's authority to grant 922
Death of principal, equivalent to
surrender by 935
Excessive, forbidden . 12
Forfeiture of recognizance 936
Judgment of forfeiture against. . . 937
Personating in 305
Scire facias and service thereof. . 937
Superior Court judge's jurisdic-
tion as to . . . 792
Surrender of principal . 935
Twice given, exhausts right 934
Bailees.
(See Larceny After Trust.)
717
INDEX.
Ba-Be
CRIMINAL LAW.
Bailees — Continued.
Converting goods 191
Converting proceeds 192
Bailiffs.
Compensation of 872
Oath of bailiff to grand jury.... 828
Oath of, taking charge of jury. . . . 878
Special bailiffs, compensation of. . 1105
Special criminal bailiffs 808, 809
Bakers.
Imitation butter, baker using. . . . 460
Selling under assize 660
Ballast.
Discharging in harbor 646
Penalty for 1685
Proceedings in such case. 1686
Penalty for concealing 1687
Baled Cotton.
Stealing of 186
Banishment.
Prohibited 10
Bank Notes.
Alteration of notes, checks, etc.. 238
Banks and Bank Officers.
Assignments by insolvents forbid-
den 208
Bills under five dollars. C". C,
1955 (4), 1961
Borrowing money by officers, pro-
hibited 212
Capital stock and loans 214
Charter, officers violating. •. 204
Presumption against such offi-
cers 205
Presumption repelled 206
Check or draft, counterfeiting of, 237
Contracts by insolvent banks for-
bidden 208
Counterfeiting, punishment .... 236
Checks or drafts 237
Passing of 239
Currency, unauthorized use of . . . . 248
Each bill a new offense 249
Deposits, failing to pay, penalty. . 207
Dividends, fraudulent declaration
of 210
Failing or refusing to permit cred-
itor to inspect list of sharehold-
ers • 594
Forging any other writing 243
Forging or uttering certain bills. . 242
Fradulent dividends . 210
Insolvency deemed fraudulent. . . . 206
Presumption, how repelled .... 206
Knowingly uttering or passing
forged notes 239
Loans and capital stock. 214
Loans by one officer to another
without commission 213
"Money," issuance of, not redeem-
able in coin C. C, 1955 (2), 1959
Officers purchasing its paper at
discount 209
Officers violating charter........ 204
Presumption against such offi-
cers 205
Officers violating §§ 1934, 1948
and 1949, punished how 593
Paying in paper due at more than
three days C. C, 1955 (3), 1959
Possessing forged notes with in-
tent to pass same 240
Possessing types, paper, etc., in-
tending to counterfeit 241
Presumption against officers vio-
lating charter 205
Repelled how 206
Shares, purchasing of, with capi-
tal stock, forbidden. 211
Stock transfers by insolvents for-
bidden 208
Transfers by insolvent banks .... 208
Use of money by officers prohib-
ited 212
Bar.
(See Limitations of Prose-
cutions.)
Bar-dock.
Prisoner placed in, when 944
Barratry and Embracery 325-328
Attorney at law soliciting busi-
ness 326, 327
Definition and punishment. .. .325, 326
Bastards and Bastardy Proceedings
1248-1254
Bond, action on bond 1254
Father must give 1250
Failing to give 642, 643
Fine, to whom paid * 642
Bonds, returned how and where. . 1253
Concealment of death of by moth-
er 79
Defense may be made by either
party 1252
Failure to give bond to support
pauper 642, 643
Father, proceedings against 1249
Father required to give bond.. 1249
Mother, proceedings against. . . . 1248
Woman refusing to disclose the
father, proceedings 1248-1251
Bathing.
Indecent, forbidden 424
Battery.
(See Assault and Battery.)
Definition 102
Officer, assault by, under color of
his office. 284
Opprobrious words as a defense. . 103
Punishment 102
Beacons, buoys, etc .' 694
Beef.
Putting dirt or rubbish in 664
Be-Br
INDEX.
718
CRIMINAL LAW.
Bench Warrant.
Bail taken under . : 932
Definition of, how executed 932
Benefit of Clergy.
Abolished 17
Benefit of counsel.
Accused to have 8 (1)
Bestiality.
Attempt to commit 386
Definition of 376
Punishment 385
Bigamy.
Definition of 376
Five years' absence, as ground of
acquittal 378
Punishment, if before married 377
If before unmarried 379
Bill of Exceptions.
Additional record or evidence may
be ordered up 1073
Alterations made by judge 1071
Certificate of judge, form of 1072
Evidence, incorporation of, in
bill of exceptions 1071
Evidence, parts to be sent up. . . . 1071
Form of judge's certificate 1072
Injunctions, rules governing, gov-
ern in criminal cases 1075
Mode of taking cases to the Su-
preme Court 1071
Prisoner's right to file 1070
Right to file 1069
Assignment of errors thereon.. 1069
Rules govern which govern in-
junctions 1075
Served upon whom 1076
Specification in, reauirements as
to 1070, 1071
Supersedeas results, when 1077
Forma pauperis affidavit 1077
Non-bailable offenses 1077
Bills of Lading.
Duty of boat owners to grant .... 644
Billiards, Pool or Ten Pins.
Minors not to play 413-6748
Billiard Tables.
Minors, when allowed to play. . . . 413
Birds.
Killing or trapping certain birds
prohibited 6647
Penalty for killing or taking at
certain seasons 6647, 6649
Blackmail.
Definition of 116
Indictment or presentment essen-
tial 116
Jurisdiction and punishment..... 116
Punishment 116
Threatening letters — punishment. 117
•
Blow Posts.
Neglecting to erect 516
Boats and Crews.
(See Maritime Affairs.)
Ballast, discharging in harbor 646
Bills of lading, duty to grant. 644, 2295
Discharged, may demand certifi-
cate of 652
Failing to perform duty 649
Harboring 656
Hiring, receiving, etc 653, 654
Liquor, furnishing with 651
Penalty for not exhibiting 645
Pilot acting without license. 647, 648
Interfering with 647
Seamen, search for, resisted 650
Setting fire to 711
Setting fire defined 712
Steamer, desert, aiding to 655
Boarding Houses.
Imitation butter, using, shall pub-
lish fact 460
Bond.
(See Official Bonds.)
Acting before filing, misdemean-
or, when 272
Bastardv proceedings
1248, 1250, 1253, 1254
Father required to give 1250
Mother of bastard required to
give 1248
Larceny of 167
Superintendent of reformatory
prisons 1198
Supersedeas bonds, pauper affi-
davits 765, 6754
Vagrancy, bond in cases of 454
Warrant for good behavior, bond
for 1235, 1237
Bonded Public Warehousemen.
Penalty for unlawful disposition
of goods deposited 6588
Unlawfully selling, etc., bonded
goods 6588
Bond to Keep the Peace 1238, 1242
(See Peace Warrants.)
Boundaries.
County offenses committed on
line 26
State, jurisdiction within boun-
dary lines 25
Brands.
Altering 165
Counterfeiting of 663
Bread.
Bakers and others, selling under
assize 660
Unwholesome, sale of, prohibited 647
Breaking and Entering Railroad Car
with I ntent to Steal 184
Bribery.
Conviction, a disqualification . . 1050
Definition of 267
719
INDEX.
Br-Ca
CRIMINAL LAW.
Bribery — Continued.
Influencing governor, head of de-
partment, etc 269
Punishment 269
Bridges.
Altering or obstructing public
roads 533
Collecting toll without authority 557
Burning railroad 145
Encamping or building fire upon,
within or under bridge 701
Injuries to 700
Obstruction of 556
Private, liability to owners 558
Rates posted 554
Tolls, excessive 555
Bridges and Dams.
Breaking bridges, dams, banks,
etc 700
Brief of Evidence.
Condensed and succinct, must be, 1067
Stenographic report reduced to
narrative 1067
Building and Loan Associations.
Foreign, laws regulating (see
Foreign Building and Loan
Associations) 595, 596
Solicitation of stock subscribers
in foreign companies. ..C. C, 2399
Sale of stock of home companies
to nonresidents C. C, 2400
Buildings.
Failure of owner to comply with
regulations 510
Failing to comply, as to height. . 510
Bullion, Gold, etc., (Native.)
Duty of purchaser 6665
Punishment 6666
Buoys, Beacons, etc 694
Burden of Proof.
Changing onus 995
Lies on party asserting or affirm-
ing a fact 994
Negative affirmations. 994
Wines, right to sell 450
Burglary.
Breaking and entering and steal-
ing 182
Public building included 183
Definition of 149
Punishment 150
Burning Fences or Crops.
Definition 695
In town or city 696
Fire communicated to house. . . . 697
Burning Railroad Bridge 145
Burying Grounds.
(See Cemeteries, Human
Bodies.)
Injuring public 719
Injuring private 720
Butter.
Baker using imitation, shall pub-
lish fact 460
Boarding houses using imitation
butter, shall publish fact 640
Coloring matter, use of, when
prohibited 461
Combining substances to produce
resemblances 462
Hotel using imitation shall pub-
lish fact . 460
Imitation butter, sale of, pro-
hibited 457
Lunch counters using imitation
shall publish fact 460
Making, selling, etc., of imitations,
prohibited 458
Marking substitutes 463
Possession of substitute regu-
lated 464
Punishment for imitation 465
Restaurants using imitation shall
publish fact 460
Sale under pretense of genuine-
ness 459
Saloons using imitation, shall pub-
lish fact 460
Camp Grounds.
Intrusion on 425. C. C, 2358-91
Vending near camp grounds 426
Candy.
Adulteration of 6685
Penalty 6686
Capitol and Grounds.
Defacing or injuring 222
Janitors and watchman may ar-
rest 224
Jurisdiction of courts 223
Car.
Breaking and entering to steal.. 184
Entering and stealing 184, 185
Shooting or throwing at 5111
Carriers.
Receipts to be given by 602
Carrying Concealed Weapons.
Punishment for 341, 6746
Carrying Deadly Weapons to Court.
Definition 342
Officers or posse excepted 342
Cattle.
Driving deceased, and grazing
stock 562-565
Driving, from infected locality. . . 563
Graze, driving stock into this
State to 564
Exception 565
Infectious diseases of 6710-6713
Duty of Commissioner of Agri-
culture 6710
Penalty for violation 6713
Killing or maiming of 702
In defense of crop 702
Ca-Ch
INDEX.
720
CRIMINAL LAW.
Cattle — Continued.
"Murrain," driving to new place,
prohibited 562
Protection against infectious dis-
eases ,. . 6710-6713
Quarantine line 6711
Co-operation with other states, 6712
Skinning of, belonging to another 226
Cattle Stealing.
Definition 159
Indictment, when sufficient 160
Punishment 161
Causeways.
Liability of owner 558
Toll, collecting, without authority 557
Cemeteries (see Civil Code, 1511-
1516) 414-417
Disinterring by coroner, illegal
when 417
Disturbing private burying
grounds (see Human Bodies) . . 720
Illegal removal from grave 415
Illegal traffic in human body. . . . 414
Injuries to public burying grounds 719
Omission to perform duties pre-
scribed as to 416
Certiorari.
Supreme Court, jurisdiction to
grant 792
Certiorari from County Court.
Affidavit and bond required 765
Bond and affidavit required 765
Granted in what cases 766
Hearing and determining the
writ 767
Notice to accuser 767
Judgment on 767
Verdict, certiorari to 768
Writ of, lies in what cases 763
Writ, when applied for and when
heard 764
Chain Gang.
Demand for convicts, when lodged 1140
Challenge of Jurors.
(See Jury.)
Array, challenge to 972
Cause, challenge for 973
Favor, challenge for, in civil
cases 855
Peremptory challenges 974
Questions on voir dire 975
Change of Venue (see Venue). 939-941
Changed, when and how.... 29, 939
Clerk to transmit papers, etc.... 940
Costs 1083
Subsequent change 941
Character and Conduct of Parties.
Bad, impeachment for 1027
Relevant, when 993
Charge of Court.
Filed 1031
New trial for erroneous charge. . 1060
Opinion on facts, judge not to
give 1032
Request improperly refused 1060
Written charges to be given on re-
quest 1030, 6756
Charge so given to be filed.... 1031
Error to give additional charge. 1030
Cheating at Play.
Definition of 659
«
Cheats and Swindlers.
Bakers and others selling under
assize 660
Cheating at play 659
Conspirators to cheat or defraud
state or county 288, 289
Offense, complete when 290
Counterfeiting brands or marks. 663
Crop lien, failure to give notice
of 2800 (5)
Deceiving as to liens 369
Dirt, etc., in cotton, etc 664
Falsely personating another .... 665
As witness 666
False information as to liens .... 668
False weights and measures, sell-
ing by : . . . 661
Forestalling, regrating and en-
grossing 662
Fraudulently obtaining credit . . . 658
Liens, false information as to.... 668
Deceiving as to existence of. . 669
Lying to obtain indorsers or other
security 667
Other offenses not enumerated . . 670
Personating another as witness,
or otherwise 665, 666
Putting dirt or rubbish in cotton,
rice, etc 664
Cheese.
Coloring matter, use of, when pro-
hibited 461
Combining substances to produce
resemblances 462
Imitation, forbidden 457
Making, selling, etc., of imitations,
prohibited 458
Marking substitutes .' . 463
Possession of substitute regulated 464
Punishment for imitation 465
Sale under pretense of genuine-
ness 459
Chemicals.
Illegal sale of 611
Chemical Preparations.
Samples for analysis 484
Children.
Abandonment of, punishment 114
Advising to kill 77
Concealing death, presumption
from 7S
Concealing death of bastard 79
Cruelty to children 708
721
INDEX.
Ch-Co
CRIMINAL LAW.
Children — Continued.
Dangerous or improper vocations 706
Destruction of unborn child .... 81
Foeticide (see Abortion and Foeti-
cide) 80
Hahcas corpus, disposed of, on . . 1226
Improper vocations, receiving for 707
Inveigling 110, 111
Mutual protection of each other,
by children and parents 74
Putting to dangerous or improper
vocations 706
Receiving and using child for im-
proper vocations 707
Wife, competent witness 1012
Witnesses, when incompetent .... 1012
Churches.
Liquor, selling within three miles
of 434
Exception as to towns, cities,
etc 435
Exception as to misfortune or
accident 441
Liquor not to be carried to 438
Police at places of worship, how
appointed 905
Unlawful to use liquor at places of
divine worship 438, 440
Exceptions 441
Misdemeanor, to be drunk at. . 439
Cigarettes.
Minors, furnishing to 497
Circumstantial Evidence.
(See Evidence.)
Definition of 983
Sufficient, when 984
City Courts.
Accusation and warrant in 783
Commit to this court, duty of mag-
istrates to 779
Costs, fines and forfeitures 788
Established, how 777
Fines and forfeitures, §§1089,
1096 not applied to 1096
Distribution of 788
Indictment, when demandable . . 784
Waiver of indictment 785
Insolvent costs, payment of 788
Juries for, how selected, drawn,
etc 860, 861
How obtained 786
Panels, how made up 787
Jurisdiction and powers of 777
City courts without county civil
jurisdiction — juries in . . . 860, 861
Jury in 786, 787, 860, 861
Jury lists, drawing, etc 786
Jury, traverse and tales jurors and
strikes 787
New trials in 789
Practice, rules of 781
Prosecuting officer 780
Rules of practice in 781
46- Ga. Code
Sheriff fees for attendance 1107
Solicitor pro tern 781
Transfer of cases from Superior
Court 778
Waivers, general laws govern as
to 782
Writs of error 790
Clerk of Jury Commissioners.
(See Jury Commissioners.)
Oath of 816
Clerk of Superior Court.
Advertising, demanding more than
legal rate for 303
Compensation for service, not in
schedule, not allowed 1106
Dockets, duty to keep 797
Fees, schedule of 1106, 1109
Jury commissioners, clerk of. 816, 1109
Oath as 816
Grand jury may demand exhibit
from 842
Notice to keeper of convictions . . 1052
Venue changed, duty to send
transcript 1129
Violation of oath by 266
Clerk of Supreme Court.
Remittitur on affirmance to be
promptly transmitted 1075
Coast Surveys.
Fixtures, injuries to 718
Cock Fighting.
Definition and punishment 412
Coins.
Counterfeiting or uttering 235
Colored Persons.
Convicts, white and colored, not
to be confined together 639, 6722 (c)
Intermarriage of, with whites, for-
bidden 628
Railroads to furnish separate cars
for 526-529
Combines and Trusts 6467-6472
Penalty for violating statute .... 6469
Commissioner of Agriculture.
Infectious diseases of cattle, duty
as to 6710-6713
Commissioners of Roads and Reve-
nues.
Letting contract for public work,
illegal 279
Committing Courts 906-928
(See Courts of Inquiry,)
Commitment.
Bench warrants, arrests under . . 932
Civil officers may commit 928
Delivered to officers 924
Different offenses, commitment
for 913
Form of commitment 914
Informality, no discharge for. . . . 926
Municipal court may commit .... 927
Co
INDEX.
722
CRIMINAL LAW.
Common Carriers.
False bill or classification by . . . 682
False billing, etc., by consignor or
consignee 683
Receipts to be given 602
Unjust discrimination, inducing or
aiding 684
Competency of witnesses 1011-1016
(See Witnesses.)
Compounding Crimes.
Punishment 323
Compounding Penalties.
Punishment 324
Concealed Weapons, Carrying.
Definition of crime 341
Punishment 341
Concealing, receiving or harboring
guilty persons 321-324
Concealment of Child's Death.
Death of bastard child 79
Presumption not sufficient 78
Conditional Sale and Purchase.
Selling or incumbering property
held under 673
Settlement of cases 674
Conductors.
(See Passengers; Railroads.)
Confessions.
Acquiescence or silence, when
amount to admission 1003
Admissions defined 1002
Collateral benefit, promise of 1007
Conspirators, confessions of .... 1009
Definition of 1002
Entire conversation, right to give
in 1004
Material facts discovered by .... 1008
Promise of secrecy, confession un-
der 1007
Promises, confessions made under 1007
Received with great caution .... 1005
Spiritual exhortation, confessions
made under i007
Uncorroborated not justify convic-
tion 1005
Voluntary, must be 1006
Weight of such evidence 1005
Consignment of Farm Pro'ducts.
Payments for 540, 6751
Solicitation to irresponsible per-
sons 6689
Conspiracy.
Conspirators to cheat county .... 287
County, conspirators to cheat . . 287
Definition and punishment 118
Members of General Assembly em-
braced 289
Offense, complete when 290
Public officers, conspiring to
cheat county 288
State, conspirators to cheat 287
Conspirators.
Confessions of 1009
Declaration of 999
Constables.
Costs due justices and constables 1088
How claims on fine and for-
feiture fund are to be paid. . . 1092
Fees of 1111
For carrying prisoners to jail. . 6681
Nonresident not appointed as spe-
cial constable 332
Refusing to receive prisoner .... 285
Construction of Statutes.
Gender, masculine includes the
others 1 (3)
Grammatical errors not vitiate . 1 (9)
Intention diligently sought .... 1 (9)
Joint authority, executed by ma-
jority .' 1 (5)
Number, singular includes plural 1 (4)
Number of days, how computed. . 1 (8)
Ordinary signification of words. 1 (1)
Substantial compliance sufficient 1 (5)
Tense, present and past includes
future 1 (2)
Time, how computed 1 (8)
Transposition of words 1 (9)
Contagious Diseases and Quarantine.
Inland travelers compelled to per-
form quarantine 504
Persons on board vessels shall ob-
serve quarantine 506
Penalty for refusing to destroy,
remove, or disinfect 6603
Penalty for sale of infected plants 6611
Pilots, duty of. before entering on
board vessels 505
Proclamation of governor as to. . 498
Protection of cattle against con-
tagious or infectious diseases
6710, 6713
Quarantine, how prescribed and
regulated 501
Smallpox, persons concealing .... 499
Spreading of 500
Vaccination 6687
Vessels may be removed to quar-
antine grounds 502
Masters must deliver bills of
health 503
Violations of quarantine 507
Contagious diseases of cattle 562
Contagious or infectious diseases
in trees, vines, etc . . 6595, 6601
Contempt.
Sheriffs fined for, as jailer, when 1128
Contested Elections.
(See Elections.)
Clerk to deliver ballots 636
Continuance.
Absence of witnesses 962
Showing must embrace what. . . 962
723
INDEX.
Co
CRIMINAL LAW.
Continuance — Continued.
Absence or illness of counsel, con-
tinuance for 964
Counter-showing on motion for. . 966
Courts of inquiry may refuse,
when 919
Diligence required 965
Discretion of the court 966
Facts admitted, continuance re-
fused 963
Failure to obtain subpoenas from
committing court 919
Judge to enter and announce .... 968
One defendant, continuance by . . 967
Principles of justice, when re-
quired 961
State required to make showing,
when • 960
Trial at what term 961
Contractor.
Affidavit false, contractor mak-
ing 263, 6108
Contract for Public Work.
Letting of 279
Penalty for not observing con-
tract 6107
For false swearing 263, 6108
Conveying land by forged title
(See Penitentiary, Prison
Conviction.
Assault or attempt, no punish-
ment for, when 19
Corruption of blood not worked
by 16
Disqualification to vote or hold of-
fice 1050
Forfeiture of estate not worked
by 16
Punishment, conviction must pre-
cede 20
Convicts.
(See Penitentiary Prison
Commission, Industrial
Farm.)
Advertisements for hiring con-
victs 6725
Bonds of lessees 6726
Clerk to notify penitentiary-keep-
er of sentence 1053
Committee to visit convict camps 1163
Compensation of committee. ..."
1167, 1168
Report to grand jury 1163, 1164
Competition with other labor 6725
Confined in jail till sent for by
penitentiary 1052
Damages for escapes 1157
Food, clothing, etc 6719
Fund arising from labor of 1097
Guards and officers 6719
Convicts not to be 1169
Harboring of 322
Hire, contracts of 6725
Hiring by counties 1143
Insane, convict becoming, duty of
governor 1186
Inspection of 1158
Juveniles, verdict and sentence. . 1201
Confinement in reformatory
prison 1194
Lease expiring, convicts, how dis-
posed of 6728
Lease forfeited, convicts, how dis-
posed of 6723
Lease of felony convicts 6724
Lease of other convicts 6725
Leasing out by governor 1151
Notice of day of 1152
Regulations concerning 1151
Lessee's duty, as to place and
manner of keeping 1153
Subject to regulation 1153
To be citizens and incorporated 1155
(See Misdemeanor Con
victs.)
Misdemeanor convicts 1137-1150
(See Misdemeanor Convicts.)
Supervision by prison commis-
sion 6719 (a)
Prison Commission's authority as
to 6719
Punishing by other than appoint-
ed officer a felony 105
Rules for government of 1153
Separation by age, sex and color 6722
Speedily and safely sent to peni-
tentiary • 1054
Subletting of, prohibited 1156
Penalty for violation 1156
Time of labor 1153, 1154
Laws continued in force 1154
White and colored not to -be con-
fined together 639
Witnesses, convicts produced as
(see Convicts) 1187-1191
Cooling Time 65
Corn.
Burning of 695, 696
When fire communicated to
house 697
Pay for, failing to 539
Coroner.
Advertising, demanding more than
legal rate for .■ 303
Analysis of stomach, etc., for
poison 1266
Expenses of chemist 1266
Body may be removed 1269
Charge of coroner to the jury .... 1262
Compensation limited to $1,500
per annum 1112
Cost of inquest when conviction
results 1080
Costs paid by party, to be repaid,
when 1256
Disinter dead bodies, coroners
may 1258
Co
INDEX.
'2±
CRIMINAL LAW.
Co ro n e r — Continued.
Disinterring body illegally 417
Fees of 1112
Inquests to be taken in what
cases 1255
No inquest, when 1256
Inquisition to be returned to Su-
perior Court 1265
Jailer, coroner is, when 1122
Jurors defaulting may be fined . . 1260
Jury of six, majority decide .... 1257
Compensation of jurors 1257
Justice may act as coroner, when 1268
Oath of foreman and jury 1261
Powers of 1262
Summoning of 1259
Physician's burial certificate,
when required of 1267
Physician, monthly report to coun-
ty authority 1267
Physician to be appointed upon
grand jury's recommendation.. 1267
Duties of physician 1267
Post mortem examinations 1266
Employment and pay of physi-
cian 1266
Refusing to receive prisoner .... 285
Sheriff's duty performed by, fees
for 1112
Witnesses, how summoned and
sworn 1263
Witnesses, recognizance demand-
ed, when 1264
Corporation.
Creditor, inspection of lists 594
Indictment against 938
Proceedings and judgment there-
on 938
Process 938
Corpses.
(See Human Bodies.)
Illegal traffic in 413-417
Corruption of Blood.
Conviction not work 16
Costs.
Abandonment of prosecution be-
fore trial 1082 (3)
Accuser to pay, when 769, 1082
Arresting officer not to collect, un-
til warrant returned 6683
Punishment 6684
City courts 788
Clerks of the Superior Courts. . . . 1106
Committing courts, duty of jus-
tices and clerks as to 925
Constables 1111
Pavment out of fine and forfeit-
ure fund 1088
Coroners 1112
Inquest 1080
County Courts, fines and costs in 771
WThat costs allowed 770
Defendant, not demandable of, un-
til after conviction 13, 1078
When liable for state's witnes-
ses 1079
Discharge of insolvents by ordi-
nary 1081
Excessive, taking of, criminal 301
Extortion 298, 299
Fee bill to be posted 302
Fines and costs in county court . . 771
Habeas corpus cases 1231
Illegal fees, taking, officer dis-
missed 1098
Imprisonment of defendant until
cost paid 1078
Inquest, costs of, in cases of con-
viction 1080
Insolvent cost, lien of officers for 1085
Allowance and payment. . 1086, 1087
Jail fees where venue changed . . 1083
Jailers 1108
Jury commissioners and clerks . . 1109
Justices of the peace 1110
Payment out of fine and forfeit-
ure fund 1088
Lien on defendant's property. . 16, 1078
Malicious prosecutions .... 1082 (1-2)
Ordinary, for filing seducers' bond
(see Ordinary) 1113
Payment required only after con-
viction 13, 301, 1078
Posted, fee bill to be 302
Prosecutor to pay, when .... 769, 1082
Sheriffs (see Sheriff) 1107
Solicitor general (see that title) . .
1099-1103
Special criminal bailiff 1105
Stenographic reporters (see that
title) 1104
Unfounded or malicious prosecu-
tions 1082 (1)
Venue changed, how paid 1083
Witnesses for the state 1079
Defendant, when and how far
liable 1079
Cotton.
Cottonseed, illegal purchase of . . 543
Cutting bagging from 544
Dirt or rubbish placed in 664
Illegal charge, employer consent-
ing 546
Pay for, failing to 539
Failing to pay accepted bill, 537, 538
Purchase from tenants 542
Stealing baled cotton 186
Weighing, illegal charge for 545
Employer consenting, embraced 546
Cottonseed Meal.
Inspection, analysis and sale of. . 613
Counsel.
Continuance for absence of 964
Privilege or benefit of, secured . . 8
i^D
INDEX.
Co
CRIMINAL LAW.
Counterfeiting.
(See Forgery and Counter-
feiting.)
Brands - or marks, counterfeiting
of 663
Punishment 663
School teachers' license 6675
Trade marks, counterfeiting of, a
crime 6677
Punishment 6677
Counter Showing.
(See Continuance.)
Discretion of judge to admit .... 966
Counties and County Matters.
Boundary line, offenses committed
on 26
Buildings of, contracts for, let il-
legally ' 279
Conspirators to cheat or defraud 287
Offenses, complete when 290
Convicts, counties may combine. . 1139
Convicts, hiring of by counties . . 1143
Death from act done in another
county 27
Divided by water, jurisdiction . . 23
Embezzling county money 189
Grand jury's duty in reference to 836
Jurisdiction, crimes committed in, 29
On county line 26
On state line 25
Jurors, citizens competent as .... 876
Public officers, conspiracy, to de-
feat 288
Offense, complete when 290
River dividing — jurisdiction 23
River forming state boundary .... 24
United States, soil ceded to 28
County Commissioners
Jails and inmates, control of, by, 1130
Power to make rules 1130
Jail guards, compensation 1132
Jailer's monthly report to, and
contents thereof 1133, 1134
Jailer's salary 1132
Malpractice in office 291
County Courts.
Accusation, drawn by judge .... 753
Bailiff's insolvent cost 775
Certiorari (see Certiorari from
County Court) 763-768
Commitment to Superior Court . . 761
Contempt, punishment of 740
Costs, accuser to pay, when 769
Allowed to judge 770
Allowed to sheriff and bailiff ..770
Collection of costs and fines . . . .771
Costs, fines, pay of jurors and for-
feitures 769-776
Cost, judge shall pay, to treasurer 773
Defense by defendant 754
Defense by plea or demurrer .... 754
Time to plead and prepare . . 758
Docket of criminal cases 739
Examine witness, judge shall .... 759
Felonies, duty of judge as to .... 750
Fines and costs in 769-771
Forfeitures, judge has jurisdiction
of 774
Held at what places 744, 745
Impartial hearing, full time al-
lowed for 758
Indictment demanded, proceedings
in such cases 751, 752
Proceedings where none.. 752, 754
Sent down from superior court,
752, 6753
Insolvent costs, bailiff's costs 775
Justice's and constable's 776
Jails, judges, control of 740
Judge, malpractice in office 291
Not to act with justice of
the peace 738
Powers of 737, 740
Trial of cases by 745
Jurisdiction in criminal cases .... 735
Offenses above 761
When exercised 742
When Superior Court first ac-
quires 736
Jurors, pay of 772
Jury, procured in what manner.. 756
Demanded in 749, 755
Impaneling the jury 757, 975
Justice's and constable's insolvent
costs 776
Laws applicable thereto 746
Mode of trial 749
Places at which held 744, 745
Plead, full opportunity to, allowed 758
Powers of judge 737, 740
Sentence of judge 760
Solicitors, appointment, duty and
compensation of 748
Solicitor's fees 747
Transfer of cases from Superior
Court 762
Trial of such offenses 762
Trial of criminal cases, where
held 744, 745
Warrants, etc., how directed .... 741
Witnesses, attendance of, how
compelled 742
County Jails.
(See Jails and Jailers.)
County Orders.
Speculation in, by officers, forbid-
den 276, 277
Treasurer not purchase at dis-
count 276, 277
County Surveyors.
False survey and penalty 278
County Treasurer.
Embezzlement of county money . . 189
Failing to make exhibit to grand
jury 189
Failure to render account 297
Co-Cu
INDEX.
726
CRIMINAL LAW.
County Treasurei — Continued.
Fine and forfeiture fund, justices
and others, how paid 1093
Claims on, how paid 1092
Report to grand jury 1094
Justices and others, how paid . . 1093
Fines and forfeitures to be paid
to 1089
Separate account of to be kept 1091
Purchase of orders by, at dis-
count, criminal 276, 277
Court Reporter.
(See Stenographic Reporter.)
Duties of 981
Courts.
Carrying deadly weapons to 342
Right to resort to 7
Courts of Inquiry.
Abstract of Evidence 911
Associates of the magistrate .... 907
Bail, authority to grant 922
Bail pending investigation, right
to give 908
Commitment, form of 914
Commitment for different of-
fense 913
Continuance refused, when 919
Costs, duty of justices and clerks
as to 925
Different offense commitment
for 913
Disposition of papers 924
Evidence before 910
Evidence sufficient to bind over . . 912
Held by what persons 906
Informality no ground of dis-
charge 926
Jailer not bound to receive pris-
oner, when 921
Municipal courts may commit of-
fenders 927
Rule of decision 912
Sending prisoner to jail in adjoin-
ing county, fees for 920
Statements of accused 910
Time and place of inquiry 906
Time granted parties ' 908
Commitment to jail during inter
val of inquiry 908
Waiver of trial 923
Witnesses, binding over 915
Witnesses, compelling attendance
of 909
Witnesses for accused, summons
for 918
Witnesses of state to be indorsed
on warrant 916
Witnesses, summons to attend
grand jury 917
Crimes.
Committed under fear 41
Compounding felonies 323
Conviction, disqualification on ac-
count of 1050
Counselors and instigators 37
Crimes against habitation or prop-
erty 6658-6670
Crimes against public justice and
official duty 6681-6884
Crimes against public health, pub-
lic safety and public policy....
6685-6713
Crimes against the state — treason
and insurrection 50
Definition of crime 31
Degrees as principals 42
Drunkenness, no excuse for .... 39
Felonies, punishment of 1036
Discretionary punishment of . . 1037
Idiots, not accountable 33-36
Infants under ten, not accountable 34
Intention, how manifested .... 32
Involuntary servitude for 15
Lunatics, not to be found guilty. . 35
Married women, committing un-
der coercion 38
Misdemeanors, punishment of . . 1039
Principal, definition of 42
Punished under coexisting laws. . 18
Responsible, persons who are . . 33
Sound mind, persons who are con-
sidered of 33
Criminal Negligence.
Defined and punished 115
Crimination of Self.
Not compelled 9, 1011
Crops.
Burning of 695, 696
When fire communicated to
house 697
Cropper.
Employing servant, cropper or
farm laborer of another 121
Enticing or attempting to en-
tice away 122
Illegal sale by cropper 680
Refusal to deliver by landlord. . 680
Cross-examination.
(See Witnesses.)
Crossings of Railroads.
Trains must stop within fifty feet
of 515
Cruel and Unusual Punishment.
Not to be imposed 12
Cruelty.
Children, cruelty to 708
Jailers, cruelty in 282
Cruelty to Animals 702-705
Definition of 705
Currency.
Each bill new offense 249
Unauthorized issue of 248
Cutting Turpentine Boxes 496
727
INDEX.
Da-Do
CRIMINAL LAW.
Dams.
Breaking bridges, dams, banks,
etc 700
Dead Animals and Fowls.
Putting carcasses in streams.... 492
Owners must bury 493
Death.
(See Punishment.)
Arson causing, punishment 147
Executed, how sentence shall be 1043
Execution not done, warrant to
issue 1046
Insane, suspension of sentence on
becoming 1047
Pregnant convict, suspension of
sentence 1049
Sanity, resentence on recovering, 1049
Time and place of execution. . . . 1044
Death Penalty.
Bar of seven years except mur-
der 30 (2)
Inflicted when 17
Decaying Vegetable Matter.
Owner must bury 494
Law applies only to what coun-
ties 495
Deeds.
Larceny of, punished 166
Stealing or destroying 166
Deceitful Means or Artful Practices.
(See Cheats and Swindlers.)
Other offenses than those enumer-
ated 670
Declarations.
(See Evidence.)
Conspirators, declarations of . . . . 999
Res gestae, declarations as part of, 998
Deer.
Killing or taking during close sea-
son 6699
Penalty for killing or taking at
certain seasons 6647-6649
Pot-hunters to procure license. . 6700
Protection of 6647
Punishment for killing, taking,
etc., out of season 6701
Degrees of Crime.
Principals in, first and second-
degree 42, 43
Demand for Trial.
Continuance by State only on
showing made, when 960
Defendant announces first, when 959
Right to make 958
Two terms passing, effect of . . . . 958
Demurrers.
Writing, demurrers and pleas to
be in 950
Dentists and Dentistry.
Exemption from jury duty 867
False statements to examining
board 6478
Illegal practice, prohibited 488
Onus on defendant to show
authority 489
Misconduct of, penalty 6478
Misconduct or false statements
before examining board. .. .6478 (a)
Practicing without license, pen-
alty for 6479
Deputies.
Appointment of peace officers and
detectives 332-334
Destroying Books or Papers of Value.
Definition and punishment 692
Destruction of House by Explosives
6658-6661
Of house in city 6659
Of house not in city 6660
Of house not a lodging 6661
Discharge of Firearms on Highway.
Punishment for 508
Discharged Employees.
Duty to furnish cause for dis-
charge 133
Effect of failure 133
Railroads, §§128-133, apply to.. 134
Liability of corporation 129
Preventing re-employment 128
Protection of. 128-134
Statement of cause of, to be fur-
nished discharged employee. . . . 130
Diplomas of Medical Colleges.
Regulation of 486
Section 486 to be given in charge, 487
Discretion of Judge.
Juvenile offenders -. 6737
Diseased Cattle, (see Cattle.) 562-565
Dismissal of Warrant.
Arresting officer not to procure. . 6682
Punishment 6684
Disorderly House.
Punishment for keeping 392
Disturbing Divine Service.
Definition and punishment. . . . 418, 427
Disturbing Schools.
Definition and punishments 427
Disturbing Societies.
Punishment 419
Dividends.
Declaring unearned dividends.... 691
Divine Service.
Disturbing of 418, 427
Docket.
Clerk of Superior Courts to keep 797
Order of, how called 942
Recognizances not called out of
regular order 936
Dockets of Justicies and Notaries. 293
Punishment for violating 295
Do-El
INDEX.
728
CRIMINAL LAW.
Dogs.
Tax on, penalty for noncompli-
ance with law 6043-6739
Domestic Fowls.
Owners must bury 493
Domestic Wines.
Burden of proof 450
Counterfeiting, when punished . . 449
Dealing illegally in 450
Defined, counterfeiting punished 449
Sale of, not prohibited 435
Witness, defendant competent. . . . 450
Doubt.
(See Reasonable Doubt.)
Doves.
Baiting and killing a misdemeanor 6706
Killing or taking during close sea-
son 6699
Pot-hunters to procure license. . . . 6700
Punishment for killing, taking,
etc., out of season 6701
Drifted Timber.
Illegal purchase of 228
Penalty for disposing of, 227, C. C, 1594
Drink.
Adulterated, sale of, prohibited.. 468
Unwholsome, sale of, prohibited . . 467
Drugs and Druggists.
Adulterated preparations
482, C. C, 1501-2
Adulteration defined 483
Books of sales of poisons, druggist
shall keep 471, 472
Compounding or vending drugs
illegally 480
Half of fine paid to Board of
Pharmacy 481
Morphine wrapped and labeled.. 475
Opium, sale of, when prohibited.. 474
Penalty for sale of poisons. .. .470, 473
Poisons, sale of, prohibited. .. .470, 473
Samples for analysis 484
Unlawfully compounding medicine
480, 481, C. C., 1501
Drugged Liquors.
Evading inspection of liquors.... 477
Manufacturing drugged liquors.. 478
Selling drugged liquors 476
Drunkards.
Furnishing liquor to 442
Witnesses, incapacitated as .... 1013
Drunkenness.
Voluntary drunkenness no excuse 39
Person causing, when amen-
able • 39
Due Process of Law.
Life, liberty and property not tak-
en except under 6
Dueling.
Challenging or accepting chal-
lenge, a felony 348
"Coward," proclaiming as a, in
print 352
Fighting a duel, a felony 350
Murder, if death ensues 350
Officers knowing and not prevent-
ing duels 351
Proclaiming as a "coward," etc.,
in print 352
Seconds, punished as principals.. 349
Duress.
Married women, if coerced, not
punishable 38
Wife acting under 39
Persons compelling, liable 41
Threats, menaces, etc., person act-
ting under not punishable
Dying Declarations.
Admissibility of 1000
Definition 1000
Dynamite, etc.
(See Explosives.)
Destruction of house by explo-
sives 6658
Punishment 6658
Elections.
Buying or selling votes. . . . 629
Clerk failing to return list to
grand jury 624
Contested, clerk to deliver ballot, 636
Election returns, larceny of. .... . 168
Electors, privilege from arrest. . 890
Failing to deliver ballots 636
Falsifying voters books or lists . . 626
False oath, etc., by voters 634
Fraud or corruption in manager,
632, 633
Grand jury to examine lists and
ballots 843
Illegal voting 635
Liquor. Primary elections defined 448
Selling on election day 446
Exception as to physicians . . 447
List of voters, duty of clerk 622
Clerk failing to return list to
grand jury 624
Falsifying the voters books or
0 lists 626
^Superintendent to deliver list to
clerk 623
Local option elections 631
Manager of primary, violating
duty 632
Minor, illegally voting 628
Municipal, voting illegally at, 630, 631
Primary elections, definition of. . 448
Illegal voting at 635
Manager violating duty 632
Reformatory-prison elections,
when and how held 1193
Registration laws, violation of. . 625
Suffrage 622-636
Superintendent to deliver list to
clerk 623
729
INDEX.
El-Ev
CRIMINAL LAW.
Elections — Continued.
Voting illegally 629
Voting more than once 627
Electrical Companies.
Protection against injury to prop-
erty .'. 6664
Embalming.
Practicing without license, a
crime 6449
Embezzlement and Fraudulent Con- ....
versions.
Bailee fraudulently converting
goods 191
Converting proceeds 192
Bank or other corporate offi-
cers, servants or stockholders 188
Clerks converting goods intrusted
to them 193
Conviction, disqualification 1050
Conversion by bailee of proceeds
of sale 191, 192
Conversion when intrusted for col-
lection 195
Conversion when intrusted for sell-
ing , . 196
Penalty 196
County money 189
Public officers, agents, etc., em-
bezzlement by 187
Trustee converting assets 190
Embracery.
Definition and punishment 328
Emigrant Agents.
Acting as, without license 601
Employees.
(See Discharged Employees.)
Counterfeiting letters or certifi-
cates given to 6672
Punishment 6674
Protection of discharged laborers,
128-134
Seats to be provided for female
employees 127
Unlawfully preventing laborers, 123
Employees, Interfering With.
Conspiring or attempting to pre-
vent working 124
Hindering persons who desire to
labor 125
Hindering owner from working
property or hiring laborers.... 126
Preventing from engaging in em-
ployment 123
Employers.
Liability of corporations for viola-
ting §128 124-129
Preventing re-employment of dis
charged employees 128
Protection of discharged employ-
ees 128-134
Section applies to what rail-
roads 134
Production of books and. papers. . 132
Request or notice must be di-
vulged 133
Seats for female employees 127
Statement of cause of discharge,
duty to furnish 130
Witness compelled to testify.... 131
Written cause for discharge not
made basis for libel suit 130
Employing Servant, Cropper or Farm
Laborer of Another.
(See Croppers.)
Definition and punishment 1212
Employing servant, knowingly.. 121
Evidence on trial 120
Employing Means to Destroy Un-
born Child.
Punishment 81
Employing Minors in Barrooms.
Punishment 485
Engrossing, Forestalling and Regrat-
ing.
Punishment 662
Entering House with Intent to Steal.
Breaking with such intent 181
Punishment therefor 180
Enticing Away Apprentices.
Definition and punishment 119
Who may be witnesses 120
Enticing Away Servant, Cropper or
Farm Hand.
Definition and punishment 122
Entomology, Board of 6605-6612
Penalty for obstructing board. . . . 6612
Penalty for sale of infected
plants 6611
Shipment of infected plants, etc.,
prohibited 6414
Escapes.
Aiding to escape 312, 315
Assisting to escape from custody,
-....312, 313-315
Assisting to escape from jail.... 312
Convict, witnesses on trial for. . . . 331
Penalty for, in misdemeanor cases 314
Penitentiary, escape from 316
Trial for escape from peniten-
tiary 318
Voluntary escapes 317
Escapes From Insane Asylum.
(See Escapes.)
Aiding, punishment 561
Escapes From Penitentiary.
(See Escapes.)
Evidence on trial 318
Trial in county of escape 318
Estrays.
Penalty against taker up 567
Evidence.
Abstract of, before courts of in-
quiry 911
Ev-Ex
INDEX.
730
CRIMINAL LAW.
Evidence — Continued.
Accomplice, corroboration of .... 991
Admissions defined 1002, 1003
Entire conversation may be
given in 1004
Scanned with care. 1005
Alibi as defense 992
Amount of mental conviction, 986, 987
Attestation of public officer 1015
Burden of proof 994
Certificates of public officer 1015
Sufficient, when 984
Changing onus 995
Character and conduct of parties, 993
Circumstantial evidence defined.. 983
Competent evidence defined 983
Conduct of parties in other trans-
actions irrelevant 993
Confessions, (see that title) 1005-1009
Conversations, when admissable
as original evidence 997
Entire conversations may be
given in 1004
Copy, admissible, when 996
Evidence to show existence of
original 996
Courts of inquiry, evidence before, 910
Statement of accused 910
Credibility for the jury 1028
Cross-examination, (see witness-
es) 1018
Cumulative evidence 983
Declarations of conspirators 999
Definitions of various sorts of evi-
dence 983
Direct evidence, defined 983
Drunkards, incompetency of . . . . 1013
Dying declaration, when admissi-
ble 1000
Examination of witnesses (see
witnesses) 1017-1023
Exemplifications from other states
1015
989
Failure to produce — presumption
Gaming, players competent wit-
nesses 404
Grand jurors, admissions and com-
munications excluded 826
Guilt, presumption of innocence. . 990
Handwriting, proof of 1016
Hearsay evidence (see that title)
997-1001
Husband and wife as witnesses,
1011 (4)
Idiots, lunatics and children .... 1012
Illegally admitted or excluded,
new trial for 1059
Impeachment of witnesses (see
Witnesses.) 1024-1027
Indirect or circumstantial evi-
dence defined 983
Innocence, presumption of 990
Interpreter, evidence through. .. .1014
Libel, truth in evidence 337
Negative affirmation, burden of
proof 994
Negative testimony 985
Newly discovered evidence, new
trial for 1061
Number of witnesses necessary.. 991
Object of evidence 982
Opinions of witnesses 1021
Of experts 1022
Positive and negative testimony, 985
Presumptions, failing to produce
evidence . . 989
Presumptions of fact, for jury. . . . 988
Presumptions of law, defined.... 988
Presumption, prima facie presump-
tion 990
Production of books and papers.. 132
Reasonable doubt 987
Records, etc., certified by public
officers 1015
Reported in felony cases........ 981
Entered on minutes where ver-
dict guilty 981
Res gestae, admissibiltiy of 998
Rules of evidence, object of 982
Separation of witnesses 1017
Statement of prisoner 1010
Sufficient evidence, defined 983
Sufficiency to warrant conviction, 987
Testimony of witness on former
trial 1001
Testimony which warrants convic-
tion 986, 987
Treason, how proved 52
Verdict against, new trial granted,
1057, 1058
Wife and husband as witnesses,
1011 (4)
Wife, witness for wife-whipping 104
Witness, defendant competent,
selling wines 450
Examination of Witnesses 1017-1023
(See Witnesses.)
Excursion Trains.
Shooting on, prohibited, etc 6692
Penalty 6693
Excusable Homicide 70
(See Justifiable Homicide.)
Executor.
Fradulent conversion by 190
Exemplification.
Certification, admissibility, etc.. 1015
Experts.
Testimony of 1022
Explosives.
Destruction of house by 6658
Destruction of house in city... 6659
Destruction of house not in city 6660
Destruction of house not a lodg-
ing 6661
Penalty for selling below test 6506-6509
Using on passenger cars, prohib-
ited 514
731
INDEX.
Ex-Fe
CRIMINAL LAW.
Ex Post Facto Law.
Forbidden 3
Express Companies.
Receipts to be given by 602
Express Malice.
Definition of 61
Extortion.
Advertising, demanding more than
legal rate for 303
Definition of 298
Punishment of 299
Retaining part of advertising fee 304
Failure to Produce Evidence.
Presumption arising, when 989
False Billing or Classification.
False bills or classification by
carrier 682
False bills, etc., by consignor
or consignee 683
False Imprisonment. 106-108
Definition of 106
Punishment 107
Under color of legal process.... 108
False Keys.
Having possession of 640
False Representation of Solvency.
(See Cheats and Swindlers.)
Inducing one to become bail, se-
curity, etc 667
Lying to obtain indorsers or other
securities 667
False Survey.
A misdemeanor 278, C. C, 489
Penalty 278
False Swearing.
(See Perjury.)
Contractor, making false affidavit 263
Contractors for public work 6108
Definition of 258
False witness causing death 262
Jury commissioners and clerks.. 266
Punishment of 259
Subornation of 260
Punishment of 261
Taxpayer making false oath 264
False Weights and Measures.
(See Weights and Measures.)
Selling by, punishment 661
Farm Laborer of Another.
Employing 121
Enticing away 122
Punishment 121
Farm Products.
Accepted bill or draft, penalty for
failing to pay 537
No conviction, when 538
Buyer giving worthless checks . . 541
Consignments, procuring and fail-
ing to pay for same 540, 6751
Corn, failure to pay for 539
Cotton, corn, etc., failing to pay
for 538, 539
Cotton, illegal charge for weigh-
ing of 545
Employer consenting, embraced 546
Cutting bagging from cotton . . .". 544
Payment for 540, 6751
Purchase of, from tenants 542
Regulations as to 537-546
Seed cotton, illegal purchase of. . 543
Soliciting consignment to irre-
sponsible persons 6689
Worthless checks given in pay-
ment 541
Farming Out Office.
Penalty 281
Fear.
Bare fear not justify killing 7
Crime committed under, not pun-
ishable, when 41
Person compelling, a principal. . 41
Fees.
Pensions, taking fees for, penal. 6690
Punishment 6691
Fees of Officers.
Attorney-general cannot take.... 300
Fee bill to be posted in office. . 302
Penalty for illegal fees 302
Clerks of the Superior Court 1106
Constables . .* 1111
Coroners 1112
Costs not collected until warrant
returned 6683
Jailers 1108
Jury commissioners and clerks. . 1109
Justices 1110
Local laws not repealed 1107
Ordinaries *. 1113
Posting of fee bills 302
Sheriffs 1107
Solicitor general 1099
Certificates of judge and clerk. 1100
City Court cases 1102, 1103
Supreme Court cases 1101
Stenographic reporters 1104
Special criminal bailiff 1105
Taking illegal fees — punishment. .
301. 1098
Vagrancy. Solicitor's duty and
fees 455
Venue changed, fees in cases of. 1119
Witnesses for state from other
counties 1115, 1116
When applied to defendant's
witnesses 1118
Felony.
Attempt to commit, punishment. 1040
Barred in four years 30 (3)
Compounding crime 323
County Court, duty of judge as to 750
Definition of 2
Juries to try 858
Limitations of prosecutions 30
Fe-Fi
INDEX.
732
CRIMINAL LAW.
Felony — Continued.
Number of witnesses in 991
Testimony to be reported 981
Entered on minutes where con-
viction had 981
Female Operatives.
Seats to be provided for 127
Punishment 127
Fences or Crops.
Burning fences, farm products,
etc 695
When fire communicated to
house 697
Fire communicated to a house . . . 697
Injuring fences 716
Leaving open or injuring gates
at crossings 716
Setting fire in city, town or vil-
liage 696
Not a town or city 695
Taking from, for fuel 699
Ferries.
Collecting toll without authority 557
Liability of owner 558
Obstruction of 556
Ferrymen.
Exempt from jury duty 867
Fertilizers.
Brand on sack, penalty in case of
failure 6574-6576
Illegal sale of 611
Sale of formulas for composing. 549
Fettered.
Prisoner may not be, when 493
Fictitious Names.
Making note or bill of exchange . . 245
Using fictitious names 245
Fines.
(See Fine and Forfeiture
Fund.)
Excessive, forbidden 12
Payment, time of 1084
Fine and Forfeiture Fund 1085-1097
City courts, disposition of 788
City courts, sections 1089-1096,
not apply to 1096
Claims of officers against, paid
how 1092
Constable's cost, payment of 1088
Convicts, fund arising from labor
of 1097
Cost of justices and constables . . 1088
County treasurer's report to grand
jury 1094
Cruelty to animals, disposition of
fines' 704
Distribution of, to officers' cost . . 1090
Exceptions as to law regulating
distribution 1095, 1096
Insolvent costs, lien of officers for 1086
Allowed how 1086
Paid how 1087
Justices and others, how paid . . . 1093
Justice's cost, how paid 1088
Kept separate moneys paid are to
be , 1091
Lien of officers for costs 1085
Local laws not repealed . . 1095, 1096
Payment of, into county treasury 1089
Officers' right to retain their legal
claims 1089
Quarantine and health violators,
C. C 1469
Warrant on no other fund 1096
Fire.
Threatening to burn property of
another 730
Wilful and malicious setting fire
to fences 695
When fire communicated to
house 697
Firearms.
Discharge of, near highways .... 508
Fire Companies.
Exemption from jury duty 867
Fire Hunting.
Prohibited 570
Punishment 570
Firing the Woods.
Legal under what circumstances 229
Notice to be given .;. . . 230
Penalty for carelessness .... 698, 6752
Penalty for illegal firing 231
Penalty for letting woods catch . . 232
Firing or Sinking Vessel.
Punishment 710
Fish and Fishing.
Artificial shell reefs, beds or fish-
ing grounds 577
Closed time and meshes for shad
582, 584
Illegal fishing 577
Killing fish with dynamite 580
Mountain trout, seining or netting 585
Nets, extending over more than
one-half of the stream 581
Nets, etc., when illegal 581
Obstructing passage of fish .... 579
Obstructing more than half the
stream 581
Poisoning of 723
Poisoning waters. Fish commis-
sioner to swear out warrant. . 6698
Poisonous substances, placing in
water forbidden 6696
Violation a misdemeanor 6697
Regulation of 576
Shad, closed time and meshes of
nets for 582
May be taken, when 583
Penalty for violations 584
Taking for sale without license . . 6707
License, how obtained 6708
Penalty 6709
Traps, etc., unlawful 578
733
INDEX.
Fi-Fo
CRIMINAL LAW.
Fish and Fishing — Continued.
Walnut hulls, etc., penalty for
placing in waters 6696, 6697
Fish Commissioner.
Warrant sworn out by, for poison-
ing waters 6698
Fish Ponds.
Injuries to 721
Poisoning fish 723
Flour, Meal and Grain.
Neglect of duty by inspectors 612
Selling without inspection, C. C. 1628
Weights to be stamped on sacks. 550
Exceptions 551
Fodder.
Burning of 695, 696
When fire communicated to
house 697
Foeticide.
(See Abortion and Foeticide.)
Punishment 80
Following.
Meaning of term 2
Forcible Entry.
Definition of 338
Punishment for 340
Restitution of possession ordered 340
Forcible Detainer.
Definition of 339
Punishment 340
Restitution of possession 340
Fords.
Obstructions of 556
Forestalling, Regrating and En-
grossing.
Punishment of 662
Forfeiture.
Crime, forfeiture for, abolished.. 16
Forfeitures.
(See Pine and Forfeiture
Fund.)
Forfeiture of Estate.
Conviction not work 16
Crime, forfeiture for, abolished,
C. C 35S1
Forfeiture Fund 1085-1097
(See Fine and Forfeiture
Fund.)
Forfeiture of Recognizances.
(See Recognizances.)
Mode of forfeiture 936
Scire facias proceedings 937
Forgery and Counterfeiting
Addressing forged notes, drafts,
etc., intending to pass 240
Alteration of bank notes, checks,
etc 238
Bank check or draft 237
Bank notes, knowingly uttering or
passing 239
Bank notes, possessing intending
to pass 240
Bank notes, possessing types,
paper, etc., intending to counter-
feit '. 241
Bank notes — punishment 236
Bond, note, etc 233 (7)
Certificates of officials 233
Coin, counterfeiting or uttering. . 235
Conveying land by forged title . . 250
Counterfeiting cards, receipts,
etc., of association of railway
employees 6671
Deed, will, acquittance or re-
ceipt 233 (6)
Fictitious names 245
Label, use of counterfeit, prohib-
ited 253
Labor unions, unauthorized use
of name or seal of 255
Letters or certificates given to
employees 6672
Using counterfeits as true. . . . 6673
Notes, bills, etc 242, 243
Order or warrant on treasury. . 233 (2)
Obtaining goods, etc., on false
writings 247
Official certificates 233
Personating another 246
Possessing types, paper, etc., in-
tending to counterfeit 241
Public seals, forging or using .... 244
Punishment for violating . . 6671-6674
School teachers' license, counter-
feiting of 6675
Seals, public, forging or using . . 244
Tax collectors fraudulently alter-
ing digest 251
Title, forged, conveying land by . . 250
Trade marks^ protection of (see
Trade Marks) 6676-6680
Trade marks, etc., of labor unions
252-255
Trade mark, use of imitation, pro-
hibited 253
Unauthorized use of label or trade
mark 253, 254
Unauthorized use of name or seal
of labor unions 255
Using fictitious names 245
Uttering forged certificates 234
Uttering or passing notes, bills,
check, etc 239
Warrant for land 233 (3)
Writings not specifically enumer-
ated 243
Foreign Building and Loan Associa-
tions.
Sale of stock in home company to
nonresidents 596
Soliciting subscriptions illegally. 595
Foreign Insurance Companies.
Brokers acting without license . . 599
Fo-Ga
INDEX.
734
CRIMINAL LAW.
Foreign Insurance Companies — Cont'd.
Falsely or fraudulently procuring
insurance 598
Penalty on agents of unauthorized
companies 597
Former Acquittal.
Jeopardy, but once in 11
Former Conviction.
Jeopardy, only once in 11
Fornication.
(See Adultery and Fornification.j
Definition and punishment 381
Fowls.
Owner must bury 493
Fraudulent Conversion.
Administrator, executor, guardian,
etc 190
Any other trustee 194
Bailee converting goods or pro-
ceeds 191
Conversion of proceeds after
sale 192
Clerks, agents, etc., fraudulently
taking 193
Entrusted for selling, conversion
of articles 196
Executors, fraudulent conversion
by 190
Guardian, fraudulent conversion
by 190
Notes, bills, etc., intrusted, fraud-
ulent conversion of 195
Trustee, fraudulent conversion
by 190
Fraudulent Entries in Speed Contests.
Entering animals under false
name 675
Rules for determining class .... 676
True name of animal 677
Fraud of Limited Partner.
Definition and punishment 678
Fraudulent Packing.
Bare possession, authorizes con-
viction 664
Fraudulent Seizures and Levies.
Fraudulent levies 218
United States, seizures by pre-
tended agents of 217
Fraudulently Obtaining Credit.
Definition and punishment 658
Freight Trains.
Running on Sunday 420, 6749
Exceptions to statute .... 6749 (1-4)
Fugitives from Justice.
(See Requisitions by Gov-
ernor.)
Assuming false name 1271
Delivery of, suspended, when .... 1272
Duty of governor 1276
Extradition of fugitives, rules gov-
erning (see Requisition by the
Governor) 1275-1277
Fees of officers 1277
Fugitives from foreign countries. 1270
Fugitives from other states .... 1271
Fugitives not demanded, how dis-
posed of 1273
Officers must execute warrants for
arrest of 1274
Requisitions, how obtained (see
Requisition by Governor 1275
Furnishing Weapons to Minors.
Definition and punishment 344
Future Operation of Laws.
Rule as to 3
Game.
Deer or fawn, protected season . . 568
Doves, protected season 568
Fire hunting, prohibited 570
Illegal sale of, penalty 6647 (b)
Insectivorous or singing birds,
protected season 568
Partridges, protected season .... 568
Pheasants, protected season .... 568
Protection of 568-570, 6647-6649
Selling or having game prohibited,
when 6647 (b)
Selling, or offering to sell protect-
ed birds or animals 568
Snipe, protected season 568
Game, Fish.
(See Deer, Doves, Opossums,
Quail, Wild Turkeys, etc.)
Protection of 6696-6706
Oysters and Fish 6707-6709
Game Birds or Animals 6647-6648
Penalty for violating law as to 6647 (b)
Gaming.
Definition and punishment 401
Clerk and bank officers 403
Players competent witnesses . . . 404
Compelled to testify 404
Retail dealers permitting minors
to play 399
Suspected rooms broken open . . . 405
Gaming Houses.
Keeping and maintaining 398
Players competent witnesses .... 398
Compelled to testify 404
Punishment 398
Retail liquor dealers not permit
minors to play 399
Suspected rooms broken open . . 405
Gaming Tables.
Bank officers or agents, gaming
with 403
Clerk in post office, gaming 403
Keeping and maintaining 400
Minors, playing or betting, forbid-
den 402
Players competent witnesses .... 404
Punishment for keeping, dealing,
etc 400
Suspected rooms broken open . . 405
735
INDEX.
Ga-Gr
CRIMINAL LAW.
Garnishment.
Assignment of claim to defeat ex-
emptions 6741
Evidence prima -facie sufficient. 6741
Gates.
Gates between "fence" and "no
fence" counties, left open, a
crime C. C, 1770
Gates or fences at crossings, leav-
ing open or injuring 716
Opening and leaving open on pub-
lic highway 536
Gender 1 (3)
General Assembly.
Privilege of members from arrest 891
Members of, conspiring to cheat. 289
Offense, completed, when .... 290
General Character.
Irrelevant, when 993
Gift Enterprises 406-411
(See Lotteries and Gift Enter-
prises.)
Ginseng.
Digging of, at a legal time 726
Goats.
Skinning dead goat of another . . 226
Gold.
Machinery, erection or use of,
prohibited, when 216
Gold, Bullion, etc.
Duty of purchaser of 6665
Punishment 6666
Good Behavior 1235-1242
(See Warrants for Good
Behavior.)
Governor.
Application to, for troops 361
Contagious diseases, proclamation
as to 498
Fugitives from justice, duty as to
1270-1274
Influencing governor or head of
department for hire 269
Insane convict, duty of governor
as to 1186
Leasing out convicts, contract as
to 1151
Pardon and reprieve, power as to 1051
Pardons, reports as to, to General
Assembly 1051
Prison commission, appointment
of 6714
Reprieves and pardons, power as
to 1051
Requisition by, rules for granting
(see Requisition by the Govern-
or) 1275-1277
Reward for offenders, authority
to offer 881
Troops, calling out to resist in-
vasion 360
Application for troops 361
Troops, use against invasion, etc. 360
Grain.
Burning of 695, 696
When fire communicated to
house 697
Grand Jury.
Adjournment to have jurors
drawn 870
Admissions and communications
among, excluded 826
Bailiff, oath of 828
Bound to notice offenses, when . 830
Boxes, how made up 819
Boxes and lists supplied when de-
stroyed 868
Citizens' committee to examine
record 837
Powers of committee 838
Production of books, etc 839
Compensation of jurors and court
bailiffs 872
Where no grand jury is im-
paneled 873
Confidential communication ..... 826
County affairs, duty in relation to 836
County jail, inspection of 840
Delinquent jurors 864
Disclosures by grand juror 827
Drawing by judge in term time 822
How drawn in vacation 823
Drawing, juries in special emer-
gencies 871
Drawing, one drawn for each
week 862
Duty of S29
Elections — examination of lists
and ballots 843
Examine records, appointing citi-
zens to 837
Powers of appointees 838
Production of papers 839
Execution of sentence obstructed,
duty of grand jury 844
Exhibits from solicitor and clerk 842
Extra tax, authority to recom-
mend 832
Failure of court, jurors stand over 875
Food imitations or adulterations,
duty as to 469
Inspection of county jails 840
Of public buildings, record, etc. 841
Of tax receiver's books 833
Jail record, duty to inquire into. . 1126
Jury commissioners 813-820
List destroyed, how supplied .... 868
Lists in book, to be made by clerk 820
Mistake of tax receiver 835
Number of grand jurors 812
Oath of grand jurors 825
Of bailiff 828
Of witnesses 834
Pay of jurors who appear and are
not sworn 874
Gr-Hi
INDEX.
736
CRIMINAL LAW.
Grand Jury — Continued.
Pension rolls, examination of .... 845
Precept, lost or destroyed, how
supplied 869
Presentments, publication of .... 847
Public buildings, inspection of. . 841
Publication of grand jury present-
ments 847
Qualification of grand jurors 811
Where counties are interested. . 876
Revision of list, when made 815
Judge may order, when 817
Selected in what manner 818
Special charges to 846
Summoned, how 824
Swear witnesses, foreman may . . 831
Tax receiver's books, inspection
of 833
Witnesses before, oath of .... 834
Foreman may swear 831
Term of service 865
Grazing Stock 562-565
Guardians.
Fraudulent conversion by 190
Guilt.
Presumption, rebuttal of 990
Habeas Corpus.
Application, how made and what
to contain 1211
Arrest of party detained, when in
danger of being removed .... 1217
Affidavit of applicant in such
cases 1217
Authorized detention, discharge
forbidden 1224 (6)
Bench warrant, imprisonment un-
der, discharge forbidden. . . . 1224 (3)
Bond to prosecute, want of, not
warrant discharge 1224 (2)
Child or wife disposed of, how.. 1226
Contempt, in custody for, dis-
charge forbidden 1224 (5)
Cos^ts, how awarded 1231
Defect in proceedings, no dis-
charge for 1227
Discharge of party, in what cases
forbidden 1224
Disobedience of writ, how pun-
ished 1223
Form of writ 1214
Granted, writ must be, when .... 1213
Imprisoned under lawful process,
discharge forbidden 1224 (1)
Informality no ground of dis-
charge 926
Irregularities not warrant dis-
charge 1224 (2)
Issue, how tried on return of
writ 1222
Misnomer, not warrant discharge
1224 (4)
Notice of hearing 1233
Offense committed in another
state — reasonable suspicion.. 1228
Penalty for refusing writ 1234
Petition verified, how and to
whom presented 1212
Powers of court 1229
Process must be produced, when 1220
Proceedings must be recorded . . 1232
Return, transfer of custody must
be stated in 1221
Return to be under oath and body
produced .0 . 1219
Return of writ within what time 1218
Return day of writ 1215
Recorded, proceedings must be. . 1232
Service, how and by whom 1216
Superior court judge's jurisdiction
as to 792
Suspension of writ forbidden. 141, 1209
Transfer of custody must be stat-
ed in return 1221
Trial of issue on the return .... 1222
Verification of petition 1212
Wife or child disposed of, how . . 1226
Witnesses, production of, for pur-
pose of testifying 1225
Witnesses, imprisoned, how
brought up 1230
Writ may issue, when 1210
Habitation or Property.
Crimes against 6658-6670
Habitual Drunkard.
Furnishing liquor to 442
Handwriting.
Proof of 1016
Harboring, receiving or concealing
guilty persons 321-324
Convicts 322
Felons 321
Hay.
Burning of 695, 696
When fire communicated to
house 697
Hearsay.
Declarations of conspirators 999
Dying declarations 1000
Testimony of witness on former
trial 1001
Original evidence in certain cases 997
Res gestae, when admissible 998
Highways.
(See Roads and Bridges.)
Altering or obstructing the public
road 533, 715
Bridges included in word 2
Encroaching on registered road . . . 534
Firearms, discharge of, near to . . 508
Obstructing maliciously 715
Obstructing registered roads 535
Opening and leaving gates open
on (see Roads and Bridges) . . 536
Overseer failing to do his duty. . 532
Hindering owner from working
property or hiring laborers .... 126
737
INDEX.
Hi-Im
CRIMINAL LAW.
Hindering person who desires to
labor 125
Hogs.
Killing' or maiming of 702
Hog-Stealing.
Description of animal 162
Punishment 163
Simple larceny, and so charged in
indictment 162
Homicide.
Concealment of death of bastard
child 79
Concealment of child's death, re-
sults in presumption, when .... 78
Concealing child's death, advisers
to kill infants 77
Definition of 59
Involuntary manslaughter (see
that title) 67
Justifiable homicide (see that
title) 70-76
Killing in defense, when excusable 72-76
Killing in defense of property or
habitation (see Justifiable Hom-
icide) 72
Murder (see Murder) 60-63
Manslaughter defined (see Man-
slaughter) 64
Voluntary manslaughter (see Vol-
untary Manslaughter) 65
Horse.
Includes mule, ass, etc 156
Killing or maiming of 702
Using without owner's consent . . 225
Horse-Stealing.
Charged and described, how .... 157
Punishment 158
Description of animal 157
Horse, includes what 156
Punishment 158
Simple larceny, offense is 156
So charged in indictment 157
Hotels.
Checks or receipts for baggage,
duty to give 603
Hotel Keepers on Beaches.
Life boats, duty to keep 509
House of Refuge.
(See Industrial Farm.)
Human Bodies.
Disinterring by coroner, illegal
when 417
Illegal removal from grave 415
Illegal traffic in 414
Omission of duties provided in
cemetery act 416
Hunting.
Enclosed land of another, hunt-
ing on 221, 6745
Posting cards 221
47 — Ga. Code.
Hunting on Sunday.
Definition and punishment of.... 423
Husband.
Coercion of, wife by 38
Husband becomes principal 38
Husband and Wife.
Competency as witnesses .... 1011 (4)
Idiots.
Crime, cannot be found guilty of,
when 36
Instigators and counsellors of,
held amenable 37
Juror, idiot incompetent as . . 973 (3)
Witnesses, idiots incompetent
as 1012
Ignorance of Law no Excuse 4
Illegal Fees.
(See Fees of Officers.)
Officer taking, dismissed from
office 301, 1098
Illegal Voting.
(See Election.)
Illuminating Fluids (see Oil) .. 604-610
Penalty for having or selling b&
low test 6406-6409
Imitation Butter and Cheese.
Combining substances to produce
resemblance 461
Definition of . . .* 457
Duty of grand jury 469
Making, selling, etc., prohibited . . 458
Marking substitutes 463
Possession of substitutes regu-
lated 464
Punishment 465
Sale under pretense of genuine--
ness ' 459
Selling, etc., certain kinds of milk 456
Use of coloring matter to produce
resemblance 461
Use of imitations regulated 460
Impaneling the Jury.
(See Jury and Jurors.)
Impeachment of Witnesses (see
Witnesses) 1024-1028
Implied Malice.
Definition of 62
Importation and Purchase of Second,
hand Clothing.
Punishment for 490
Exception 491
Impounding Animals.
Breaking pound illegally 566
Illegally impounding, punishment 566
Impounding animals improperly,
or breaking pound, C. C 1776
Imprisonment (see False Imprison-
ment.) 106-108
Successive imprisonment, how im-
posed 1041
In
INDEX.
738
CRIMINAL LAW.
Incest.
Definition and punishment .... 380
Indecent Bathing.
Definition and punishment 424
Indictment and Presentment.
Additional counts, form of 929
Bar, where quashed or nol pros' d,
not attach, when 30 (4)
City courts, when demandable.. 784
Waiver of indictment 784, 785
Conviction and judgment thereon. 938
Procedure at trial 938
Copy and list of witnesses, right
to have 945
Corporation indicted, process
against 938
County court, demand for 751
Sent down from superior court.. 752
Demand for, in county court .... 751
Sent down from superior court.. 752
Exceptions as to form 955
Form, exceptions as to 955
Form of indictment 929
Additional count, form of 929
Malpractice in office 292
"No hill," two returns of, a bar,
when 930
Nol pros, by solicitor general . . 801
Quashed indictment , renewed
within six months 30 (4)
Presentment treated as indict-
ment 931
Sufficient, when 929
Transfer to county judge 752, 6753
Industrial Farm.
(See Prison Commission.)
Chaplain and other appointees.. 1199
Qualifications of appointees . . 1200
Competition with free labor for-
bidden 1205
County may establish, when .... 1192
County commissioners, authority
of 1207
Economy to be exercised 1204
Election, when and how held.... 1193
Fund for, how raised and appro-
priated 1206
Inmates to be kept at work .... 1202
Juvenile criminals, discretion of
judge 6737
Misdemeanor, juveniles 1201
Juveniles, verdict and sentence of 1201
Juvenile criminals, not transferred
from chain gang to 6738
Municipalities may have 1208
Name of reformatory prison
changed to 6736
Purchase of site and erection of
buildings 1195
Purpose of the prison 1194
Qualifications of appointees .... 1200
Rules for management 1197
Separation of sexes and races ... 1196
Superintendent, duties of 1198
Bond, oath and salary of 1198
Transfer of convicts under sen-
tence 1203
Work to be required of inmates. . 1202
Infants.
(See Child).
Advisers to women pregnant to
kill 77
Concealment of child's death, pre-
sumption 78
Concealment of death of bastard
child 79
Counselors and instigators re-
sponsible 37
Sound mind, when considered of.. 33
Under ten years, legally incapable 34
Use of medicine, etc., to destroy. . 81
Infectious or Contagious Diseases
in Trees, Vines, etc 6595-6604
Penalty for refusing to destroy,
remove, or disinfect 6603
Penalty for sale of infected plants 6611
Infected Plants.
Inspection required 6616
Penalty for sale of 6611
Shipment of, prohibited 6614
Shipment of without inspection
prohibited 6614
Inflammable Oils.
Penalty for having or selling be-
low test 6506-6509
Influencing Governor or other Of- ....
ficers for Hire.
Punishment 269
Injuring Property.
(See Malicious Mischief.)
Arsenals, armories, etc.. 728
Bridges and dams 700, 701
Coast survey fixtures 718
Fish ponds 721
Gates or fences 716
Mile or guide posts 714
Mining works 720
Private burying grounds 720
Public buildings 725
Public burying grounds 719
Telegraph wires or fixtures 727
Trees 219, 713
"Turnpike and navigation fixtures. 709
Vessels 710, 711
Setting fire to, defined 712
Innocence.
Presumption of 990
Inns.
Imitation butter, hotel using 460
Innkeepers.
Checks or receipts for baggage,
duty to give 60-3
Inquest (see Coroners) 1255-1209
Inquiry, Court of.
(See Courts of Inquiry.)
739
INDEX.
In
CRIMINAL LAW.
Insanity.
Acquitted criminal, how dealt with 952
Criminals, acquitted, how dealt
with • 952
Death sentence, suspension of . . 1047
Commitment to asylum 1048
Resentence on recovery 1049
Insane convict committed to lu-
natic asylum 1048
Insane after conviction, suspen-
sion of sentence 1047
Oath of jury 1047
Insane includes what 2
Lunatic, when responsible .... 33, 35
Penitentiary convict, admission
into asylum 1183
How supported 1184
Recovered, how disposed of . . . . 1185
Penitentiary convict becoming in-
sane, duty of Governor 1186
Pleas of, how tried 951
Resentence of convict on re-
covery 1049
Sentence suspended on becoming
insane after conviction . . . 107, 6757
Sound mind, what persons con-
sidered of 38
Suspension of sentence 952
Trial during, forbidden 953
Issue of, how tried 953
Insane Asylums.
(See Lunatic Asylums).
Aiding escape of patient from
lunatic asylum 561
Private. Letters of inmates pro*
tected 559
Maliciously causing imprison-
ment of sane person 560
Insolvent Cost (see Fine and For-
feiture Fund) . 1085-1097
Inspection and Sale of Oil, etc., (see
Oil) 604-610
Inspection of Fertilizers.
(See Fertilizers.)
Selling without inspection 611
Inspection of Flour, Corn, Meal
and Grain
Neglect of duty by inspector 612
Inspection of Liquors.
(See Liquors.)
Evading inspection 477
Selling without inspection 479
Inspection of Naval Store.
(See Naval Stores.)
Inspection of Oils and Sale of Il-
luminating Fluids.
(See Oil.)
Using inspectors' branding device 604
Inspectors of Products for Sale.
Acting without authority, pun-
ished C C, 1600
Inspectors of Timber or Lumber.
(Violating Code.)
Punishment for C. C. 1592
Instigating Mutiny.
Punishment 330
Insurance.
Agents of unauthorized compa-
nies C. C. 2055
Broker doing business without
license C. C. 2081
Falsely or fraudulently procuring
insurance 598
Fraudulently procuring insur-
ance C. C. 2063
Brokers acting without license. 599
Penalty on agents of unauthorized
companies 597
Insurrection.
Attempt to incite 56
Circulating insurrectionary pa-
pers 58
Crime against the State 50
Defined 55
Punishment of 57
Insurrectionary Papers.
Introducing, circulating, etc 58
Intention.
Manifested how 32
Interest.
Interest on public money .... 199-201
State's money 199-201
Interference With Employees.
(See Employees.)
Interfering with Religious Worship.
Definition of 418
Interfering with Schools.
Punishment '. 427
Interpreter.
Evidence good through 1014
Intoxicated.
Juror, incompetent as 973 (8)
Intoxicated Persons.
Furnishing liquor to 443
Intrusion on Camp Grounds (see
Camp Grounds) 425
Invasion 360-379
Application to Governor for
troops 361
Arrest or dispersion of rioters.. 367
Assaulting troops -372
Command to disperse 365
Disperse, command to, before
using force 365
Failing to disperse when
ordered 366
Drilling without license 374
Duty of citizens when shot is
fired „ 868
Magistrate to report to Governor.. 364
Mayor's authority to call out
troops 362
In-Ju
INDEX.
740
CRIMINAL LAW.
Invasion — Continued.
Officer may require written
orders 363
Passage of streets 369
Protection of prisoners 370
Repelling assault immediately... 373
Shots fired, duty of citizens 368
Troops, Governor may use,
against invasion 360
Venue change of, where officer in-
dicted 371
Written orders of magistrate, of-
ficer may require 363
Inveigling Child.
Kidnaping, inveigling of 110
Involuntary Manslaughter.
Definition of 67
Offense to be deemed murder,
when 67
Punishment 68
Lawful act without due caution. 69
Involuntary Servitude.
Slavery forbidden except as pun-
ishment for crime 15
Issue.
Standing mute or pleading not
guilty 947
What constitutes issue 947
Jails.
(See Jails and Jailers; Jails
in Certain Counties.)
Jails and Jailers.
Appointment of jailers 1120
Assisting to escape from jail.... 312
Bond and oath of jailer 1121
Coroner keeper of jail, when.... 1122
Contempt, defaulting sheriff
fined for 1128
County commissioners. Appoint-
ment of jailer and officers by.. 1131
County commissioners, in control
of, when 1130
Power to make rules 1130
Cruelty in jails, punishment 282
Defaulting sheriff fined for con-
tempt 1128
Fees of jailer 1108
Fees chargeable to county pay-
able monthly 1108
Salary of jailers, under county
commissioners 1132
Sheriff punishes persons 1127
Sheriff take custody of 1127
United States prisoners 1123
Duty to receive 1124
Notice of refusal to be given.. 1124
Venue changed, duty of officers.. 1129
Jails in Certain Counties.
Act in reference to county takes
effect, when 1136
Appointment of jailer, etc 1131
Bond and oath of jailer and
deputy 1131
County commissioners, control of
jail by 1130
Counties to which sections 1133-
1135 apply 1135
Expense and necessaries 1134
Payment thereof 1134
Jail guards, compensation of, un-
der county commissioners .... 1132
Grand jury's inspection 6f 840
Inquire into record of prisoners,
duty to 1126
Oath and bond of jailer 1121
Report of jailer to county commis-
sioners 1134
Oath and bond of jailer and
deputy 1131
Receive prisoner, not bound to,
when 921
Record of prisoners to be kept. . 1125
Exception as to Richmond
county 1125
Punishment for failing to keep. 1126
Record of prisoners, grand jury
to inquire into 1126
Refusing to receive prisoner .... 285
Not bound to receive, when. . . . 921
Report of jailer to county com-
missioners to be made month-
ly 1132
Contents of such report . . 1133, 1134
Salaries 1132
Sheriffs are jailers, and may ap-
point jailers 1120
Duties in reference to 1127
Sheriff, failing in duty, in con-
tempt 1128
Jeopardy.
Mistrial not prevent second trial. 11
New trial, jeopardy not affect. . 11
Twice in, prohibited 11
Joint Authority.
Executed by one of them 1 (5)
Joint Offenders.
Acquittal or conviction of one, ef-
fect of 969
Continuance by one 967
Election to sever 969
Severance on trial 969
State has right to 969
Testify for or against each other. 969
Trial of 969
Judge.
Opinion on facts, shall not ex-
press 1032
Special charges to the grand
jury 846
Written charge to be given on re-
quest 1030, 6756
Judgment.
Justices of the peace 732. 733
Motion in arrest of 955
Personating in 305
TJrl
INDEX.
Ju
CRIMINAL LAW.
Jurisdiction.
Counties, offenses committed on
boundary line 26
Counties divided by water .... 23
County courts 735-746
Death from act done in another
county 27
Justices of the peace 732, 733
Judges of superior court 792
Mayors 734
Obscene and vulgar language. . . . 397
Persons, jurisdiction as to 22
Places, jurisdiction as to 21, 25
State's extends to what places... 21
Extends to her boundary lines. 25
Superior court 791
United States, offenses committed
on soil ceded to 28
Venue in county where crime
committed 29
Watercourses, offenses committed
on 24
Jury and Jurors (see Grand
Jury 970-979
Age under or over, ground for
challenge 973 (2)
Adjourned term, juries for 870
Answers on voir dire may be
proved to be untrue 975 (4)
Attempt, jury may find, when. . . . 1035
Challenge to the array 972
Challenge sustained, new panel
ordered 972
Challenge for cause 973
Duty of court to hear evidence,
973 (4)
Knowledge of subsequently dis-
covered 973 (4)
Challenge for favor 855
City, resident of, competent 877
City courts, juries for, how
selected 860, 861
Compensation of jurors 872
When not sworn 874
County interested, jurors in such
cases 876
County court, jury demanded in.. 755
How jurors are procured 756
Impaneling of jury 757
County court, pay of jurors 772
Coronor's inquest 1257-1262
Coroners, how summoned 1259
Form of precept 1259
Court bailiffs, compensation of . . . 872
Delinquent jurors, how dealt with, 864
Drawn by judge in term time, 822, 852
Adjournment to have juries
drawn 870
Judge failing to draw 821
Separate panels for each week. . 862
Special emergencies 871
Drawn for each week 862
Drawn in what manner 822
Drawn in vacation 823
Exemption from service 867
Felony, jury to try 858
Idiot incompetent 973 (3)
Impaneling of jury, mode of
858, 859, 970
Challenge to the array 972
Challenge for cause 973
Challenge peremptory 974
Challenge for favor in civil
cases 855
Panel put on prisoner 971
Voir dire questions on 975
Incompetency shown on voir
dire, jurors set aside for
cause 976
Intoxicated person incompetent,
973 (3)
Judges of law and facts 1033
Jury box or list, destroyed, how
suppled 868
Book lists 820
Jurors selected 818
Jury boxes, when made up 819
Jury lists, drawing, etc 786
Kinship as a disqualification. . .973 (4)
Knowledge of incompetency sub-
subsequently discovered ....973 (4)
List in book, to be made by clerk, 820
Lunatic incompetent 973 (3)
Misdemeanors, jury to try 857
Municipal corporations, citizens
not disqualified 877
Non-residence, ground for chal-
lenge 973 (1)
Number in other courts 850
Oath of petit jurors in civil cases 856
Oath of petit jurors in criminal
cases .- 979
Oath of bailiffs taking charge of 878
Panels, how made 853
Parties entitled to full panels.. 854
Regular panels not to be had,
judge may make up others . . . 859
Pay of jurors who appear but are
not sworn 874
Peremptory challenges 974
Number of 974
Petit juror's oath in criminal cases 979
In civil cases 856
Precept for summoning coroner's
jury 1259
Form of precept 1259
Precept, when lost or destroyed,
how supplied 869
Putting panel on prisoner 971
Qualification of jurors. . .851, 876, 877
Questions on voir dire 975
Recommendation to mercy 1024
To misdemeanor punishment.. 1036
Refreshments 879
Revision of jury box 815, 6755
Judge may order, when 817
List to be revised biennially.... 815
Ju-La
INDEX.
742
CRIMINAL LAW.
Jury and Jurors — Continued.
Selection, drawing and summon-
ing 852
Selected in what manner 818
Set aside for cause, when 976
Special juries, selection and
oath 848, 849
Special emergencies, juries in 871
Stand over to next term, when. . 875
Strike, plaintiff shall have first. . 853
Summoning of 824
Summoned, how 824, 852
Sworn if competent and not chal-
lenged 977
Tales jurors, when summoned... 863
Term of service 865
Traverse and tales jurors and
strikes '. 787
Trial by jury, right to 850
Jury Commissioners.
Appointment and term of office. . 813
Board of, how constituted. 813
Book list to be made 820
Certificates to 820
Boxes, how made up 819, 852
Clerk of the board 816
Oath of clerk 816
Fees of 1109
Fees of clerk of board 1109
Judge failing to draw, commis-
sioners shall 821
Oath and duty of 814
Oath, violation of... 266
Revision of jury box 815
Number of inhabitants, how as- '
certained 815
Selection of jurors 818
Violations of oath 266
Justices of the Peace.
Commit to city court, duty to 779
Coroner, may act as, when 1268
Costs paid from fine and for-
feiture fund 1088, 1092
Criminal jurisdiction of 732, 733
Dockets of 293
What they shall show 293
Fees of 1110
Jurisdiction. Extends over the
county 733
In criminal cases 732
"Justice" means what 2
Malpractice, under indictment for,
authority suspended 296
Malpractice by 291
Indictment for 292
Removal from office, when 731
Reports to grand jury 294
Punishment for violating 295
Justifiable Homicide.
Bare fear insufficient; what must
appear 71
Danger must be urgent 73
What must appear 73
Defense of property or habitation,
killing in, when excusable... 72
What must appear 73
Befinition of 70
Excusable and justifiable, no dis-
tinction between 70
Fear must be reasonable 71
Mutual protection by parents and
children of each other 74
"Other instances" standing on
same footing 75
Parents and children, mutual pro-
tection by . 74
Punishment, none inflicted 76
Juvenile Criminals.
(See Industrial Farm.)
Discretion of judge 6737
Keeper of Penitentiary.
(See Penitentiary; Prison
Commission.)
Keeping and Maintaining Lewd
House 391
Keeping Open Tippling House on
the Sabbath Day.
Punishment 390
Kidnapping.
Definition of offense 109
Inveigling children 110
Punishment Ill
Killing or Maiming Cattle 702
Killing or Wounding by Officer.... 367
Labels.
Labor unions; trade-marks, labels,
etc., imitating 252
Unauthorized use of labels, trade-
marks, etc 254, 6678
Punishment 6680
Use of counterfeit, prohibited.... 253
Labor Unions.
Imitation of labels, trade-marks,
etc 252
Unauthorized use of name of seal 255
Laborers.
Conspiring or attempting to pre-
vent from working 124
Employing servant of another'. . . 121
Enticing away 122
Unlawfully preventing from work-
ing 123
Landlords and Croppers.
Illegal sale by croppers, refusal to
deliver by landlord 680
Landmarks.
Altering or removing 693
Larceny.
After trust delegated (see Larceny
After Trust) 190-196
Animals subject cf larceny 164
Altering brands or marks on.. 165
Bale cotton, larceny of 186
Bonds, larceny of 167
743
INDEX.
La-Li
CRIMINAL LAW.
Larceny — Continued.
Cattle stealing, punishment of . . 159-161
Conviction a disqualification .... 1050
Deeds or papers, larceny of 166
Election returns larceny of 168
Fixtures 169, 170
Things detached become per-
sonalty 170
Hog stealing 162
Punishment 163
Horse stealing, punishment of.. 156-158
House, larceny from (see Larceny
from the House) 178, 179
Kinds of, distinguished 154
Other nonenumerated larcenies. . . 174
Person, larceny from (see Lar-
ceny from the Person.)
Principal not taken 172
Railroad car, larceny from 184
Punishment 185
Receiving stolen goods (see that
title) 171
Simple larceny defined 155
Things savoring of realty and
fixtures 169
Articles detached become per-
sonalty 170
Wrecked vessel, larceny from 173
Larceny After Trust.
Articles intrusted for sale 196
To be applied for owner's use. . 194
Bailee of goods, larceny by 191
Failing to pay 191
Proceeds after sale 192
Clerks, agents, etc., converting
intrusted goods 193
Executor, fraudulent conversion
by 190
Fraudulent conversion by trustees 190
Guardian, fraudulent conversion
by 190
Note, bill, etc., intrusted for col-
lection 195
Trustee converting assets to his
own use 190
Larceny from the House.
Breaking with intent to steal . . . 181
Breaking, entering and stealing. . 182
Entering, but detected 180-182
Entering a dwelling, etc., and de-
tected 180-182
Entering a hut, etc., and stealing
therefrom 185
Public buildings, larceny from... 183
Punishment 178, 179
Larceny from the Person.
Definition of 175
Secret sudden takings 177
Punishment 176
Larceny from a Railroad Car.
Punishment 184, 185
Laws.
Ex post facto law 3
Conviction under, forbidden... 18
Future operation of 3
Ignorance of 4
Waiver of 5
Leading Questions.
Allowed, when : 1019
Lease of Convicts (see Convicts;
Prison Commission) . . . .1151-1191
Legal Process.
Assault on officer or executor. . . . 306
Obstruction of 306-307
Obstructing order after trial 307
Letting Contract for Public Work.
Punishment for illegal letting. . . . 279
Levy and Sale.
Fraudulent seizures and levies, 217, 218
Fraudulent levy, punishment 218
Lewd Houses.
Keeping and maintaining 391
Definition and punishment 391
Lewdness or Public Indecency.
Open lewdness, a misdemeanor. . 390
Libel.
Definition of 335
Printer a witness 336
Penalty for refusing to testify. . 336
Punishment of 335
Truth may be given in evidence. . 337
Witness, printer competent 336
Penalty for refusing to testify. . 336
License.
Dentists practicing without 6479
Embalming without license a
crime 6499
Emigrant agents, acting without. 601
Insurance brokers acting without. 599
Liquor, forfeiture for violation of
laws 452
Peddling without 600
Pilot, acting without 647, 648
Pot-hunters to procure 6700
Retailing liquor without 431
Liens.
Costs, state's lien for 16, 1078
False information as to 668
Deceiving as to existence of lien 669
Sale of property under 672
Life, Liberty and Property.
Due process of law, taken only
under 6
Presumption of continuance of
life 990
Life-boats.
Hotel keepers, on beach, to keep 509
Failing, cannot collect for board 509
Limitations of Prosecutions.
Absconding suspends statute. . . 30 (4)
Concealing one's self, suspends
statute 30 (4)
Death the penalty, bar in seven
years, except murder 30 (2)
Li-Lu
INDEX.
744
CRIMINAL LAW.
Limitations of Prosecutions — Cont'd.
Felonies, barred in four years.. 30 (3)
Indictment quashed or nol prossed,
new one in six months 30 (4)
Misdemeanors barred in two
years 30 (4)
Murder, no time bars 30 (1)
Unknown, offense being, suspends
statute 30 (4)
Limited Partner.
Fraud by 678
Liquor.
Asylum, sale near prohibited.... 437
Carrying liquor to schools 436
Churches, liquor not carried to . . 438
Drunk at church, prohibited. . . . 439
Unlawful to use liquor at such
place 440
Church, selling within three miles
of 434
Exception as to towns, cities,
etc 435
Dealing illegally in domestic wines
and intoxicants 450
Divine worship, liquor not carried
to 438
Divine worship, exceptions as to
using liquor 441
Divine worship, intoxication at,
forbidden 439
Use of liquor at such places for-
bidden 440
Domestic wines, defined; counter-
feiting, when punished 449
Domestic wines, dealing illegally
in 450
Domestic wines, may be sold.... 435
Drugged, manufacturing of, pro-
hibited 478
Drugged, sale of, prohibited 476
Election days, sale on 437
Exceptions under the liquor
laws 435, 441
Elections. Primary elections de-
fined 448
Evading inspection of 477
Habitual drunkards, furnishing to 442
Inspection, selling without 479
Intoxicated, persons furnishing
liquor to 443
Keeping open tippling house on
the Sabbath "day 390
License forfeited for violation of
laws 452
Local option law, violation of . . . . 451
Minors, dealers in, not to sell to. . 444
Not to employ in barrooms .... 445
Not to allow to play 399
Oath of venders 432
Penalty for failing to register and
pay tax C. C. 796
Physicians furnishing 435
Prohibition counties, selling in.. 428
Purchase outside of such
counties 429
Retailing without license 431
Retail dealers permitting minors
to play 399
Sale on election day, exceptions . . 437
Seaman, furnishing with liquor. . . 651
Selling or soliciting in prohibition
counties 428, 429, 6750
Selling within three miles of
church 434
Exception as to towns, cities,
etc 435
Tax, dealer failing to pay after
registry 430
Wholesalers governed by retailers'
laws 433
Lobbying.
Definition of 319
Punishment of 32~0
Local Option.
(See Liquor.)
Liquor, selling or soliciting in pro-
hibition counties 428, 6750
Violations of law 451
Lotteries and Gift Enterprises.
Advertise lottery, unlawful to 410
Publisher newspaper liable. . . . 410
What constitutes prima facie
case 411
Carrying on lottery 407
Publishers prohibited from adver-
tising 410
Prima facie case against publish-
ers 411
Punishment for violations 409
Tickets sold, etc., forbidden 406
Turning lottery wheels 408
Lumber and Timber.
(See Timber.)
Excessive charge for inspecting. . 614
Failure to measure timber 616
Inspector shall not be clerk, etc. 615
Illegally measuring 679
Violating inspection laws 617
Lunatics.
Crime, cannot be found guilty of,
when 35
Instigators and counselors held
amenable 37
Includes what 2
Juror, incompetent as 973 (3)
Trial 'of, forbidden 953
Issue, how tried 953
Witnesses, incompetent as 1012
Lunatic Asylum.
(See Private Insane Asylum.)
Aiding escape from 561
Convicts, removal directed by
Governor 1186
Convicts insane, how admitted . . . 1183
Cured convicts, how disposed of 1185
How supported 1184
745
INDEX.
Lu-Ma
CRIMINAL LAW.
Lunatic Asylum — Continued.
Cured convicts, how disposed of. . 1185
Exemption from jury duty 867
Insane. convicts, how admitted... 1183
How supported 1184
Insane convicts removed to 1186
Liquor sold near, prohibited 437
Lunatic convict committed to. . . . 1048
Re-sentence and warrant on re-
covery 1049
Separate apartments to be pro-
vided for convicts 1182
Lying to Obtain Indorsers.
Punishment for 667
Magistrate.
Order of, to be in writing 363
Magistrate to report to Governor 364
Malice.
Express malice 61
Implied when 62
Malicious Mischief.
Acts of. not enumerated 729
Altering or removing landmarks. 693
Arsenals, armories, etc 728
Buoys, beacons, etc 694
Breaking bridges, dams, etc., 700, 701
Burning fences or crops 595-597
Burying grounds, injuries to 719
Children, putting to dangerous
vocations 706, 707
Coast surveys, injuries to 718
Cruelty to animals 703
Cruelty defined 705
Disposition of fine 704
Cruelty to children 708
Cutting down trees 713
Destroying, books or papers of
value 692
Digging ginseng 726
Disturbing private burying
grounds (see Cemeteries) . . 720
Electrical companies protected. . 6664
Fence, taking from for fuel 699
Fences, taking for fuel 699
Firing or sinking vessels 710
Fish-pond, injuries to 721
Gates or fences at crossings, leav-
ing open or injuring 716
Injuries to bridges and dams .... 700
Killing or maiming of horses, hogs
or cattle 702
Mile or guide-posts, interfering
with 714
Mining works, injuries to 722
Obstructing highway 715
Poisoning fish 723
Public buildings, injuries to. 725
Setting fire to ship, boat, barge
or lighter 711
Setting fire defined 712
Setting fire to woods 698
Severing produce from the realthy 717
Telegraph wires or fixtures 727
Timber obstructing passage of. . 724
Trees, cutting down 713
Turnpike and navigation fixtures,
injuries to 709
Malfeasance in Office.
Conviction a disqualification 1050
Malpractice in Office.
Dockets of justices and notaries.. 293
False entries or returns by jus-
tice or notary . , 295
Fee bills, failure to post 302
Indictment and proceedings 292
Justices of the peace and others. . 291
Magistrates under indictment can-
not act 296
Precedence given to trials 295
Reports to grand juries by jus-
tices, etc 294
Tax collector and county treas-
urer, failing to account. .C. C. 419
Mandamus.
Superior court judges, jurisdiction
as to 792
Manslaughter.
Definition of 64
Manslaughter, Involuntary.
Definition 67
Punishment 68, 69
Manslaughter, Voluntary.
Definition 65
Punishment 66
Marks or Brands.
Altering 165
Maritime Laws.
Aiding or inducing seamen or ap-
prentices to desert 655
Bills of lading, owners of boats
must grant 644
Penalty for not exhibiting bill
lading 645
Buoys, beacons, etc 694
Certificate of discharge, seaman
may demand 652
Discharging ballast in harbor. . . . 646
Firing or sinking vessel 710
Furnishing seaman with liquor. . 651
Harboring seamen or apprentices 656
Hiring, receiving, entertaining or
shipping seamen 653, 654
Navigation fixtures, injuring or
destroying 709
Pilot, acting as, without license. . 647
Exception thereto 648
Resisting search for seamen and
seizure 650
Seamen failing to perform duty. . 649
Setting fire to ship, boat, barge or
lighter 711
Setting fire defined 712
Marks or Brands.
Counterfeiting of 663
Ma-Mi
INDEX.
746
CRIMINAL LAW.
Marriage.
Intermarriage of whites and col-
ored 638
Performing marriage ceremony
illegally 637
Married Women.
Coercion, committing crime under,
not punishable 38
Marshal.
Advertising, demanding more than
legal rate for 303
Nonresident not appointed 332
Master and Servant.
Enticing servant to quit 122
Interference with employees. .123, 126
Mayhem.
Castration 90
Wounding in a less degree 91
Cutting or biting off the nose,
ear or lip 89
Cutting out or disabling the
tongue 85
Definition of offense 83
Eye, putting out 86
Putting out both or only one 87
Lip, cutting or biting off 89
Nose, slitting or biting 88
Cutting or biting off 89
Other mayhems 92
Putting out one eye 86
Other mayhems 92
Putting out both eyes or the only
one 87
Slitting or biting the nose 88
Special instances designated 84
Other mayhems 92
Wounding in less degree 91
Mayor.
Jurisdiction of 734
Troops called out by, in emer-
gency 362
Meal.
Weight to be stamped on sacks.. 550
Exceptions 551
Meaning of Certain Words (see
words) 2
Medical Colleges.
Diplomas, illegal granting of 486
This section to be given in
charge 487
Medicine.
Diplomas by medical colleges .... 486
Judge shall give § 486 in charge 487
Practicing illegally 485; C. C. 1491
Register, failing to 485
Samples for analysis 484
Use of, to destroy unborn child. . 81
Menaces.
Crime committed under, not pun-
ishable 41
Person compelling, held liable. . 41
Mental Capacity.
Persons who are considered of
sound mind 33
Mile or Guide-Post.
Interfering with 714
Milk.
Selling, etc., of certain kinds, pro-
hibited 456
Skimmed milk, test of 456
Millers.
Exempt from jury duty 867
Grind in turn, miller failing to,
penalty C. C. 1632
Militia.
Arrest* privilege of from 892
Military Affairs.
Application to Governor for
troops 361
Assaulting troops unlawfully .... 372
Drilling without license 374
Killing or wounding rioter 367
Mayor may call out troops, in
emergency 362
Parades, power of officers .... 345-347
Using force, command to dis-
perse, before 365
Failing to disperse when or-
dered 366
Volunteer force, use of, against in-
vasion 360
Mining.
Machinery, erection or use of, pro-
hibited, when 216
Unlawful, defined 215
Mining Works.
Injuries to 722
Ministers of the Gospel.
Exempt from duty 867
Minors.
Barkeepers permitting minors to>
play cards 402
Barrooms, employing minors, in. 445
Billiards, pool or ten pins, minors
not to play 413,6748
When allowed to play 413
Cigarettes furnished to 497
Furnishing weapons to 344
Gambling, with minors 399-402
Liquors, sale of, to 444
Liquor to, oath of dealer 432
Players compelled to testify. . . . 404
Retailers not permit to play. . . . 399
Ten pins, not allowed to roll.... 413
Under ten years legally incap-
able 34
Voting illegally 628
Miscegenation.
Intermarriage of whites and
colored 638
Misdemeanor.
Attempt to comanit, how punished 1040
Barred in two years 30 (4)
74:7
INDEX.
Mi-Ne
CRIMINAL LAW.
M isdemeanor — Continued.
Definition of 2
Punishment for 1039
Misdemeanor Convicts.
Abused, no person to be 1013
Camps in another county for
quarrying, etc 1144
Machinery for such camps 1145
County may hire from another
county 1143
Counties may combine 1139
Damage to convict, superintend-
ent, etc., not liable for 1149
Definition of 31
Demand for, may be lodged, when 1140
Oldest demand to be filled first. 1141
Disposed of in what manner..... 1137
Escapes (see Escapes) . . . 314, 315, 317
Expense when a witness for the
State 1189
When a witness for defendant.. 1190
Fees for delivery, not allowed to
county authorities 1142
Good behavior, time shortened
for 1150
Guards, employment of 1138
Hiring of convicts by counties... 1143
Labor, fund arising from 1097
Officers, employment of 1138
Punished in what manner 1039
Rules for government of con-
victs 1148
Safe keeping, support and employ-
ment 1138
Time shortened for good behavior 1150
Whipping bosses, appointment
of 11-16
Discipline administered by
other officer 1146
Whipping, forbidden, save when
reasonably necessary 1147
White and colored, not chained
together 639
Witness, produced as 1187, 1188
Work upon public roads, may be
put to 1137
M-isfortune or Accident.
Crime committed by, not punish-
able 40
Misnomer.
Plea of, how tried 951
Plea of, should state what 954
Mistrial.
Jeopardy 11
Mob Violence 356-359
Assist officer when summoned,
duty to 358
Failure punished 358
Duty of officer to prevent 356
Posse, authority to summon. . . . 356
Failure of officer to suppress.... 357
Firearms, persons summoned to
bring 359
Posse, officer may summon, to
prevent 356
Month.
Means calendar month 2
Morphine.
Sale of, regulated 475
Mortgaged Property.
Wrongful sale of 671
Motions In Arrest of Judgment.
Affect 'real merits, motion must.. 955
Mountain Trout.
Seining or netting 585
Mule.
Using without owner's consent. . . 225
Municipal Corporations.
Commit offenders, authority to.. 927
Elections 630
Jurors, residents competent as... 879
Reformatory prisons, authority to
have 1208
Voting illegally at elections 630
Murder.
Advisers to kill infants in womb,
punishment 77
Assault with intent to murder (see
that title.) 97
Bar, no time attaches to 30 (1)
Definition of 60
Express malice v 61
Foeticide, how punished 80
Infants in womb, advisers to
kill 77
Malice implied, when 62
Punishment of, recommendation
of mercy 63
Mutiny.
Convict witnesses on trial for es-
capes and mutiny 331
Instigating mutiny 330
Penitentiary, mutiny in 329
Mutual Insurance Companies Insur-
ing Against Loss by Burglary.
Penalty for violating act 6410
Name.
Unauthorized use of name or seal, 6679
Punishment 6680
Using fictitious names 245
Naval Stores.
Charges for inspection 619
Fraudulent brands 621
Inspectors to be disinterested . . . 618
Interfering with inspector's brand 620
Navigation Fixtures.
Injuring or destroying 709
Negligence.
Criminal negligence 115
New Trial.
Acquittal, none granted on 1055
Adjournment, motion made after. 1064
Brief of evidence, shall contain
what 1067
Ne-Oi
INDEX.
748
CRIMINAL LAW.
New Trial — Continued.
Stenographic report to be re-
duced to narrative form .... 1067
Charge to jury erroneous 1060
Refusal to give pertinent
charge ' 1060
City courts, grant of, in 789
Contrary to evidence 1057, 1058
Contrary to principles of justice
and equity 1057
Discretion of judge, as to. ...*... . 1062
Extraordinary cases 1063, 1064
One such motion only allowed. . 1064
Grant on conviction, power to, pre-
served 1056
Grounds on which judge may
grant 1062
Illegal admission or rejection of
evidence 1059
Jeopardy 11
Motion to be made during term.. 1063
Motion made after adjournment 1064
-Newly discovered evidence 1061
Request to charge 1060
Rule nisi must be served 1065
Not a supersedeas 1066
State not entitled to 1055
Supersedeas, rule nisi not operate
as 1066
Time when motion must be
made 1063, 1064
Verdict, against evidence 1058
Contrary to evidence 1057
Contrary to principles of justice
and equity 1057
Decidedly and strongly against
the weight of evidence 1058
Nitroglycerine.
(See Explosives.)
Destruction of house by 6658
Nolle Prosequi.
Allowed, when and how 801, 957
Consent, necessary after case sub-
mitted 957
Non Compos Mentis.
Includes what 2
Notary Public.
Costs paid from fine and forfeit-
ure fund 1092
Dockets of 293
Malpractice, under indictment
for, authority suspended 296
Reports to grand jury 294
Punishment for failing to make. 295
Notice.
Habeas corpus cases, hearing in 1233
Nuisances.
Indictable nuisances 641
Number.
Singular and plural include each
other 1 (4)
Oaths.
Affirmation, oath includes . . . 2
Bailiff taking charge of jury 878
Bailiff to grand jury 828
Failing to take and file, officer
punished 270
Jailer's oath 1121
Jury commissioners 814
Grand jurors' oath 825
Insanity of convict under death
penalty 1047
Jury, on coroner's inquest 1261
In civil cases 856
In criminal cases 979
Liquor dealer's oath 432
Petit juror's oath in civil cases.. 856
In criminal cases 979
Prison commissioners 6716
Scalesman failing to take and
file 271
Special juries 849
Witnesses before grand jury .... 834
Witnesses in criminal cases .... 980
Obscene and Vulgar Language.
Definition of crime 396
Indictment or presentment, when
necessary 397
Use of, forbidden in presence of
females 396
Jurisdiction of such offenses... 397
Obscene Pictures and Prints.
Obscene prints forbidden 395
Use of prohibited 394
Obstructing Highway.
(See Highway and Roads.)
Punishment 715
Obstructing Legal Process 306-307
Obstructing order or sentence
after trial 307
Obstructing Passage of Timber.
Definition 724
Obtaining Goods on False Writings.
Counterfeit letter or writing 247
Offense.
Complete when 290
Office.
Conviction of certain crimes a
disqualification 1050
Officers.
(See Public Officers.)
Convict lessees 6726
Official Bonds.
(See Recognizances.)
Hirer of convicts 6726
Additional security 6726 (a)
Prison commission 6716
Official Oath.
(See Oath.)
Failing to take and file 270
Oil.
Branding rejected fluids and sell-
ing same 607
749
INDEX.
Oi-Pe
CRIMINAL LAW.
Oil — Continued.
Branded vessels, wrongful use of. 608
Duplicate of request for inspector 605
Grade of oil, offenses as to 6509
Illegal sale of illuminating fluids. 606
Of uninspected oil 610
Inspector, clerk or deputy violat-
ing law 609
Official brands, illegal use of 604
Sale of uninspected oil 610
Sold under test C. C. 1588 (7)
Uninspected oil, sale of, forbid-
den 610
Using inspector's branding device 604
Oleomargarine.
Sale without notice 547
Notice to guest : . . . 548
Opinions.
Experts 1022
Judge not to express opinion on
facts 1032
Witnesses may give, when 1021
Opium.
Sale of, prohmibited when 474
Opium Joints.
Definition 393
Prohibition of 393
Opossums.
Hunting, when illegal 6702
Opprobrious Words.
Assault and battery, words as
defense to 103
Order of Argument.
Prescribed 1029
Ordinary.
Advertising, demanding more
than legal rate for 303
Discharge of defendant from jail
where unable to pay cost 1081
Fees for filing and recording se-
ducers' bond 1113
Letting contract for public work,
illegal 279
Reformatory prison, raising fund
for 1206
Overcharges.
Railroad officials making 681
Overseers of Railroads.
Failure of, to do duty 532
Overseers of Roads.
Penalty for failure to perform
duty 6095
Owners of Property.
Dead animals and fowls, must
bury 493
Counties in which applicable. . . 495
Owner hindered from working.. 126
Stale and decaying matter, must
bury 494
Counties in which applicable . . 495
Oysters.
Exceptions as to law for taking.. 590
Night, tonging or catching at 592
Nonresidents cannot procure
oyster beds, when 59i
Removing from private beds, or
removing marks 588
Taken in what manner 589
Exceptions 590
Time for taking of 586
Unlawful to rough take 587
Oysters and Fish.
(See Fish.)
Taking for sale without license . . 6707
License, how obtained 6708
Penalty 6709
Parades.
Disturbance of, commanding of-
ficer, may arrest 345
Disturbing military, commander
may confine person 347
Interfering with officer or soldier
on duty 346
Pardons.
Governor's power and duty 1051
Prison commission constituted
board of 6720
Reports of Governor to general
assembly 1051
Parents and Children.
Mutual protection of each other. 74
Partner, Limited.
Fraud by 678
Partridges.
(See Quail.)
Killing or taking, when prohibited 6647
Penalty for killing or taking at
certain season -. . . 6647,6649
Passengers Remaining in Car Other
Than That Assigned.
Punishment C. C. 2271
Patent or Proprietary Rights.
Notes, contracts, etc., must ex-
press consideration 6650
Notes for, must express considerar
tion on face 6652
Penalty for failing to spe2ify .... 6652
Pauper.
Bond for support, failure to give. . 643
Peace Officers and Detectives.
Acting as, without authority 333
Citizens only to be appointed.... 332
Conductors, §332 not apply to 333
Nonresidents not appointed as... 332
Riot, law not apply in time of . . . . 333
Peace Warrants.
Bond to keep the peace, when re-
quired 1238
Breach of the bond 1239
Provoked by other party 1240
Extending the bond 1241
Wife may require bond 1242
Pe
INDEX.
750
CRIMINAL LAW.
Peddling Without License.
Punishment , 600
Penalties.
Compounding, punished 324
Penitentiary.
(See Prison Commission.)
Abused in, no person to be 12
Annual report of principal keeper
to Governor 1180
Printed list of names, etc., to
be attached to report 1181
Appropriation 6731, 6732
Assistant keeper 1177
Appointment and duties 1177
Salary of 1177
Assistant keeper abolished 6730
Convicts (see Prison Commis-
sion) -. 1052-4, 1158, 1160
Bond of lessees 1151
Damages for escapes 1157
Chaplain of penitentiary 1153
How appointed 1166
Compensation of chaplain, 1167, 1168
Clothes and transportation on dis-
charge 1172
Committee to visit convict camps 1163
Compensation of committee,
1167, 1168
Report of committee 1164
Cummutation of term for good
behavior 1173
Convicts disqualified, when 1050
Convicts, special charge to grand
jury 1162
Convicts, worked how 1153
Damages for escapes 1157
Escapes 316-318, 331
Expenses of trials for 1174
Execution against lessees 1175
Expenses of trials for escapes .... 1174
Form of list, accompanying prin-
cipal keeper's annual report. . 1181
Good behavior, commutation for.. 1173
Guards, convicts not to be 1160
Highest bid to be preferred 1161
Insane, convict becoming, duty
of Governor 1186
Insane convicts, cured convicts,
how disposed of 1185
How admitted into asylmn .... 1183
How accommodated 1182
How supported 1184
Insane convicts sent to asylum.. 1048
Resentence and warrant on re-
covery 1049
Inspection of convicts 1158
Inspector, principal keeper as.... 1176
Report to Governor 1176
Laws continued in force 1154
Lease, vacating and releasing. . . . 1159
Lessees cited to answer chasges. . 1179
Attorney-general to represent
State 1179
Testimony to be reduced to writ-
ing 1179
Lessee's duty as to place and man-
ner of keeping convicts 1153
Lessees of convicts to be citizens
and incorporated 1155
Leasing convicts, notice of day of, 1152
Leasing out convicts, Governor's
authority 1151
Regulations concerning 1151
Lunatic asylum to be divided
into apartments 1182
Races not to be warded to-
gether 1182
Manner of keeping convicts 1153
Mutiny in 329
Instigating mutiny 330
Notice to keeper, clerk to give.. 1053
Physician of penitentiary, term
and duties of 1169
Salary of 1153
Physician of, abolished 6730
Place of keeping convicts 1153
Presentment to be sent keeper. . . 1165
Principal keeper, inspector, duty
as 1176
Refusing to receive convict. . . . 286
Visiting camps, making report. . 1178
Principal keeper's office 6730
Punishment, person appointed to
inflict 1170
Appointees to make reports .... 1171
Refusal of keeper to receive pris-
oner 286
Rules and regulations for govern-
ment of 6729
Special charge to grand jury.... 1162
Penalty for violation 1156
Subletting of convicts prohibited, 1156
Whipping boss person appointed
as 1170
Appointees to make reports .... 1171
White and colored convicts not
chained together 639
Witnesses, convicts produced for
State 1187, 1189
Produced for defendant 1188. 1190
Witnesses for State, convicts pro-
duced for 1187
Pensions.
Agents charging fees indictable. . 657
Fees for taking of 6690
Punishment 6691
Grand jury's examination of pen-
sion roll 845
Perjury and False Swearing.
Contractor making false affidavit. 263
Definition of 256
False witness causing death .... 262
Jury commissioners and clerks. . 266
Number of witnesses necessary. . 991
Punishment of 257
Subornation of 260
Punishment of 261
751
INDEX.
Pe-Po
CRIMINAL LAW.
Perjury and False Swearing — Cont'd.
Tax collectors, weekly reports by, 265
Taxpayers making false oath. . . . 264
Person.
Includes what 2
Person of Color.
(See Colored Person.)
Included in "person" 2
Personalty.
Articles detached become so 170
Personating Another 246
Falsely personating another .... 665
Name to an instrument 246
Personating in Bail, Judgment, etc.
Definition and punishment 305
Pharmacy.
Compounding or vending drugs
illegally 480
Half of fine paid to Board of
Pharmacy 481
Pharmaceutical Preparations.
Samples for analysis 484
Pheasants.
Penalty for killing or taking at
certain seasons 6647, 6649
Robbing or destroying nests and
eggs 6649
Shooting or taking, when prohib-
ited 6645
Phosphate Rock.
Digging on State's property 203
Physicians.
Exempt from jury duty 867
Liquor, authority to furnish 435
Liquor furnished by, exception.. 447
Physician to Penitentiary.
Appointment of 1153
Salary of 1153
Office abolished 6730
Official term and duties of 1169
Picnics.
Shooting at, forbidden 6692
Penalty 6693
Pilots.
Default of, how punished . . .C. C, 1670
Exemption from jury duty 867
License, acting as pilot without, 647
Exception thereto 648
Quarantine, duty of, as to 505
Picklocks.
Having possession of 640
Pitch (see Turpentine) 539
Planters.
Failing to pay for farm products. 539
Pleas.
Demurrers and special pleas to be
in writing 950
Entered on the indictment 949
Issue made up by plea, etc.. 947
"Guilty," effect of plea 946
Withdrawal of 946
Not to be given in evidence. . 946
Insanit}', plea of 951
How tried 951
Misnomer, plea of 954
Not guilty 947
Relied on after demurrer or
special plea overruled 950
Pleas to the indictment ....946, 947
Record of 947, 948
Special pleas to be in writing. . . . 950
Standing mute or pleading not
guilty 947
Plundering or Stealing from
Wrecked Vessel.
Punishment 173
Pointing Weapon at Another.
Definition and punishment 343
Poisons.
Adulterated preparations 482
Adulterations denned 483
Druggists shall keep book of sales 471
Sales on prescriptions 472
Drugged liquors sale of, prohib-
ited .' 476
Liquors, sale of drugged, prohib-
ited 476
Evading inspection of 477
Manufacturing drugged liquors, 478
Morphine shall "be wrapped and
labeled 475
Opium, sale of, to certain persons
prohibited 474
Penalty for sale of 473
Sale of, prohibited 470
Prohibited drugs enumerated . . 470
Poisoning Fish.
Punishment 723
Poisoning Water.
Penalty 6687
Policemen.
Conductors of railroads as ....902, 903
Exemption from jury duty 867
Nonresident not appointed as 332
Places of worship, police at, how
appointed 905
Police Courts.
Punishment of offenders, C. C,
711, 712-716
Polygamy.
Definition of 376
Punishment of 377
Pool, Billiards or Ten Pins.
Minors not to play 413, 6748
Pork.
Putting dirt or rubbish in 664
Positive and Negative Testimony.
Relative value of 985
Posse.
Mob violence, summoning posse to
prevent 356
Po-Pr
INDEX.
752
CRIMINAL LAW.
Pounds.
Breaking a pound 566
Illegality impounding, punish-
ment 566
Powder.
Destruction of house by (see Ex-
plosives) 6658-6661
Practicing Medicine op Surgery.
Practicing illegally 485
"Preceding and Aforesaid."
Denned 2
Presentments.
Indictments, presentments treat-
ed as (see Indictment and Pre-
sentment) 931
Publication of general present-
ments 847
Presumptions.
Bank officers, presumption against 205
Bank solvency deemed fraudulent 206
Concealment of child's death, old
rule abolished 78
Failing to produce evidence 989
Guilt, rebuttal by proof 990
Innocence, presumption of 990
Law and fact, presumptions of. . 988
Life, continuance of 990
Mental state, once proved to exist,
continued 900
Presumptive evidence defined.... 983
Prima, facie presumptions 990
Preservation of Order at Parades, 345-347
(See Parades.)
Preventing Employment of Dis-
charged Employes.
(See Employees and Em-
ployers.)
Primary Elections.
(See Elections.)
Defined 448
Manager, fraud in 633
Manager violating his duty 632
Selling liquor at 446, 447
Voter swearing falsely 634
Voting illegally 635
Principals.
Drunkenness, one causing, liable
as 339
First degree, principals in defined, 42
Husband coercing wife, is liable
as 38
Infants, advising to kill 77
Second degree, principals in, de-
fined 42
Punishment 43
Second degree, treason in, defined, 54
Punishment of 43
Threats, compelling another by.. 41
Principal Keeper.
(See Penitentiary; Prison
Commission) ; Annual report
to Governor 1180
Prison.
Abuse of person in, prohibited.. 12
Prison Commission.
Abstract of title 6721 (a)
Advertisements for land 6721
Advertisements offering for hire, 6725
Annual report of commission.... 6729
Appointment of commissioner. . . . 6714
Chairman of 6715
Appropriation of 1897 6731
Appropriation of 1899 6732
When drawn from treasury.... 6732
Assistant keeper's office abolished, 6730
Board of Pardons 6720
Bond of commissioners 6715
Bond of hirer of convicts 6726
Additional security 6726 (a)
Books, stationery, etc., supplied to 6718
Clerk, selection, duty and compen-
sation 6718
Competition with other labor. . . . 6725
Constitution of commission 6714
Contracts for transportation. .6721 (b)
Contracts for hire of convicts, 6725 (b)
Convicts, competition with other
labor 6725
Control and supervision of .... 6719
Contracts for hire 6719
Guards and officers 6719
Quality of food, clothing, etc.. 6719
Convict turned out, taken back. . . 6722
Hiring out boy convicts 6722
Convicts, misdemeanor convicts,
supervision of 6719 (a)
Convicts leased, how disposed of 6728
Separation of ages, sexes and
colors 6722
Election of commissioner 6714
Term of office 6714, 6715
Executions for hire, how issued
and collected 6727
Expenditures of commission 6734
Salaries and expenses 6717
Forfeited lease, convicts, how dis-
posed of 6723
Hire of convicts quarterly, pay-
ment of hire 6726 (b)
Hirer of convicts, executions how
issued and collected 6727
Right to sublet 6725 (a)
Industrial farm 6736
Name "Reformatory Prison,"
abolished 6736
Juvenile offenders, discretion of.
judge 6737
Not transferred from chain gang
to industrial farm 6738
Lease of convicts, hirers of 6725
Lease, felon convicts, price 6724
Lease of other convicts 6725
Lease forfeited, convicts how dis-
posed of 6723
753
INDEX.
Pr-Pu
CRIMINAL LAW.
Prison Commission — Continued.
Minors and aged or diseased con-
victs 6728
Misdemeanor convicts, supervision
of 6719 fa)
Oath and bond of commissioners. 6716
Office in capitol 6718
Pardons, commission a board of. . 6720
Physician of penitentiary abol-
ished 6730
Principal keeper's office 6730
Assistant and physician of peni-
tentiary abolished 6730
Report of commission in 1899.... 6735
Rules and regulations for govern-
ment of penitentiary 6J29
Salaries and expenses of commis-
sioners 6717
Expenditures of 6734
Separation of convicts 639, 6722
Convicts under fifteen sepa-
rated 6722 (b)
Male and female convicts sepa-
- rated 6722 (a)
White and colored convicts
separated 6722 (c)
Stockades and buildings 6722
Supplies, purchase of; surplus pro-
ducts 6722 (d)
Support of commission 6733
Surplus funds, how disposed of. . 6722
Terms of office of commission-
ers 6714, 6715
Vacancies, how filled 6715
White and colored convicts sep-
arated 6722 (c)
Prisoner's Statement.
Court of inquiry 910
Cross-examination, prisoner not
compelled to submit to 1010
Oath, not be under 1010
Right to give in 1010
Private Insane Asylum 558-561
Imprisonment of insane person.. 560
Letters of inmates 559
Process.
Obstruction of (see Legal Pro-
cess) 306, 307
Process Against Corporations.
Process and mode of trial 938
Clerk to issue copy 938
Judgment, how entered up 938
Pleading in such cases 938
Service, how effected 938
Production of Books and Papers.
Compelled, when " 132
Professional Tax.
Penalty for failing to pay
6047-6049, 6740
Prohibition.
Liquor, selling or soliciting in pro-
hibition counties 428, 6750
48 — Ga. C<,de.
Property.
Includes real and personal 2
Prosecution.
Limitation of 30
Prosecutor.
Costs, when liable for 1082
Limitation of prosecutions 30
Name, when on indictment 1082
Provisions.
Putting dirt or rubbish in 664
Public Buildings.
Injuries to 725
Public Convenience.
Laws in reference to 522-536
Public Documents.
Stealing, altering, etc. — punish-
ment 280
Public Justice.
Offenses against 332-334
Public Offices.
Embezzlement in 187
Public Officers.
Acting without giving bond 272
Advertising fee, retaining part
of 304
Assault under color of office 284
Conspiracy to cheat or defraud
state or county 287, 288
Offenses, complete when 290
Contracts for public work 279
Cost not collected until warrant
returned 6683
Punishment 6684
Demanding more than legal rate
for advertising 303
Detaining books from successors. 283
Excessive costs, taking of, crimi-
nal 301
Failing to take official oath 270
Farming or selling out office '281
Fees, attorney-general cannot take 300
Fees, fee bill to be posted in of-
fice 302
Illegal fees forbidden; penalty,
302, 1098
Interest on State's money, illegally
receiving 201
Joint authority executed by one 1 (5)
Mob violence, duty to suppress. .356-359
Nonresidents not appointed to cer-
tain offices 332
Penalty for illegal fees 302, 1098
Refusing to receive prisoners .... 285
Selling or farming out office 281
Speculating in county orders for-
bidden 276, 277
Stealing, altering, etc., of public
documents 280
Substantial compliance sufficient 1 (6)
Using State's money 198
Public Peace and Tranquility.
Crimes against 335-375
Pu-Ra
INDEX.
754
CRIMINAL LAW.
Public Peace and Tranquility — Cont'd.
Other offenses, not enumerated,
misdemeanors 375
Public Roads.
(See Highways; Roads and
Bridges.)
Public Safety.
Regulations controlling 508-521
Public Seals.
Forging or using 244
Public Work.
Contractor's violating contract for,
penalty 6107
Penalty for false swearing 6107
Letting contract for 279
Punishment.
Abortion 82
Accessories after the fact 48
Accessory before the fact 46
Adultery and fornication 381
Affrays 353
Assault 96
Assault and battery 102
Assault with intent to murder 97
Assault with intent to rape 98
Assault with intent to rob 100
Attempts to commit crime, how
punished 1040
Benefit of clergy 17
Bestiality 385
Bigamy and polygamy 377-379
Bribery 268
Conviction must precede 20
Crimes punished under co-existing
laws 18
Cruel and unusual, forbidden.... 12
Death penalty 1043, 1044
Discretionary, when term is 1037
Dueling, offenses connected with,
348-352
Extortion 299
False imprisonment 107
Felonies 1036
Foeticide 80
Forcible entry and detainer 340
Incest 380
Imitation butter or cheese 465
Insurrection 57
Involuntary manslaughter 68
Lawful act without due caution 69
Justifiable homicide, none in-
flicted 76
Kidnapping Ill
Libel 335
Misdemeanors, how punished 1039
Attempts, how punished 1040
Mob violence 356-359
Murder cases, recommendation of
mercy 63
Penitentiary, judge's discretion as
to 1037
Pregnant convict, suspension for. 1045
Principals in second degree 43
Rape 94
Recommendation of jury 1036, 1037
Rescue 310
Riots 354
Second offense, conviction of,
longest time 1042
Sentence, form of 1038
Several imprisonments, to be suc-
cessive 1041
Sodomy 383
Treason 51
"Unlawful assemblies 358
Voluntary manslaughttr 66
Purchaser of Native Gold, Bullion,
Etc.
Duty of 6665
Punishment 6666
Putting Carcasses of Animals in
Streams.
Punishment 492
Quail.
Exportation of partridges, and
quail prohibited 6703
Killing or taking during close sea-
son 6699
When prohibited 6647
Netting illegal 6704
Penalty 6705
Penalty for killing or taking at
certain seasons 6647, 6649
Pot-hunters to procure license. . . . 6700
Punishment for killing, taking,
etc., out of season 6701
Quarantine (see Contagious Dis-
eases and Quarantine) 498-507
Inland travelers must perform
quarantine 504
Persons on board vessels shall
observe 506
Pilots, duty of 505
Regulations as to _..... 501
Vessels may be removed to quar-
antine grounds 502
Masters must deliver bills of
health 503
Violation of 507
Violators of, may be indicted, C. C. 1467
Questions.
Jury in civil cases 855
In criminal cases 975
Quo Warranto.
Superior court judges, jurisdiction
as to ; 792
Races.
Entering animals under false
names 675
Rules for determining class or
division in which entry is
made • • 676
True name of animal within
meaning of this article 677
755
INDEX.
Ra-Re
CRIMINAL LAW.
Railroads.
Assign passengers to cars, duty
to 527
Remaining in cars other than as-
signed 528
Attempting to wreck a railroad
company 686
Bell to be tolled in corporate
limits 518
Blow-posts, neglecting to erect..
516, C. C. 2223
Burning bridge 145
Colored persons separate "cars,
for 526-529
Exceptions in cases of nurses,
etc 529
Conductors as policemen 902
Conspiring to wreck 687
Conspiring, but failing 688
Counterfeiting of cards or re-
ceipt of dues 6671
Crossings. Obstructed, duty of
road commission C. C. 2227
Requisition when to be com-
plied with C. C. 2228
Trains to be stopped at..C. C, 22S4
Delayed trains, duty to post bul-
letins of C. C, 22S5
Penalty C. C, 223G
Discharged employees, sections
128-134 apply to.
Eject passengers, conductor's au-
thority to 904
Equal accommodations to be fur-
nished passengers 525
Evidence of intent to wreck 689
Exemption from jury duty 867
Explosive oils, use prohibited.... 514
Failing to obey orders of commis-
sion C. C. 2195, 2196
False billing, etc., by consignor or
consignee 682
False bills by carriers 682
False classifications by carriers.. 682
Intruding on railroad tracks 519
Lights and water, duty to furnish. 522
Conductors failing to furnish. . 523
Judge to give these sections in
charge 524
Lights, seats and ventilation,
522-524, 530
Obstructing, destroying or injur-
ing 520
Death ensuing, crime murder. . 521
Overcharging by officials 681
Overseer failing to do his duty.. 532
Police of railroads 902
Conducors authority to
act ' 902, 903
Police power conferred on con-
ductors 903
Police powers of conductors 6444
Receipts to be given by 602
Refusing to issue duplicate freight
receipts C. C. 2200
Remaining in car after being as-
signed to another C. C. 2271
Remaining in cars other than as-
signed 528
Rocking or shooting at or in
cars 511
Running freight trains on Sun-
day 420, 6749
Exceptions to statute 6749 (1-4)
Live stock 420 Q.)
Perishable articles 420 (3)
Proof on the trial ? . 421
Seats, lights and ventilation 530
Failure to furnish, a crime, C. C. 2275
Separate cars for white and col-
ored 526
Separation of white and colored
races 6443
Violation of statute, a misde-
meanor 6444
Stealing from railroad car 185
Tramps stealing rides on trains. . 6662
Punishment 6663
Unjust discrimination, inducing or
aiding in 684
Ventilation of cars 530 (
Water and lights on 522-524
Whistle, failing to blow ^ . 517
White and colored passengers,
not to occupy same car. .. .526-529
Wrecking a railroad company. . . . 685
Wrecking defined 689
Conspiracy to wreck 687, 688
Wrecking or attempting to wreck
trains 512, 686
Murder, if death ensues 513
Rape.
Assault with intent to 98
Definition of 93
Punishment 94
Realty.
Fixtures, etc., as subject of lar-
ceny 169
Things detached, become per-
sonalty 170
Severing produce from* 717
Reasonable Doubt.
Acquittal where such doubt en-
tertained 987
Definition of 987
Receiving, Harboring or Concealing
Guilty Persons 321-324
Convicts 322
Felons 321
Receipts.
Common carriers, to give 602
Innkeepers to give checks or re-
ceipts for baggage 603
Receiving Stolen Goods.
Definition 171
Principal if cannot be taken 172
Re-Ro
INDEX.
756
CRIMINAL LAW.
Recognizances.
Bill of exceptions; bond to be
given in bailable cases 1077
Call to be in regular order 936
Forfeiture of 936
Proceedings to forfeit 936
Called in regular order 936
Scire facias, service thereof 937
Service by publication 937
Recommendation by Jury to Mercy.
Capital cases, recommendation in. 1034
Felonies, recommendation in 1036
Term discretionary, respect of
recommendation 1037
Jury may give, when 1034-1036
Murder cases, recommendation in. 63
Reformatory Prison (see Indus-
trial Farm; Prison Commis-
sion) 1192-1208
Name changed to Industrial
Farm 6736
Refusing to Receive Prisoner.
Punishment 285
Refusing penitentiary prisoner. . . 286
Registration.
Laws, violations of 625
Regrating, Engrossing and Fore-
stalling.
Punishment 662
Religious Worship.
Disturbing of 413
Reporter.
(See Stenographic Reporter.)
Reprieves.
Governor's power and duty 1051
Requisition, by the Governor.
Affidavit in. cases where no indict-
met must show what 1275 (4)
Affidavit must accompany applica-
tion 1275 (2)
Application, how made, and con-
tents 1275 (1)
Duty of Governor 1276
. Fees of officers 1277
Indictment, two certified copies
of, required, when 1275 (3)
If no indictment, affidavit must
show, what 1275 (4)
Regulation for obtaining requisi-
tion 1275
Rescue and Escapes.
Aiding to escape 315
Assisting to escape from custody. 313
Attempt to rescue 311
Civil process, in custody under. . . 310
Criminal process, in custody
under 309
Punishment 309
Definition of 308
Escape from penitentiary 316
Trials for 318
Voluntary escapes 317
Res Gestae.
Admissibility of 998
Retail Liquor Dealers (see Liquors) 431
Rewards.
Governor's authority to offer 881
Rice.
Diverting water or opening dams;
penalty C. C. 1612
Pay for, failing to 539
Putting dirt or rubbish in 664
Rice-dam, penalty for stopping
up .• C. C. 1618
Richmond County.
Jail record to be kept by jailer. . 1125
Right to the Courts.
Secured to all 7
Riots.
Application to Governor, for
troops 361
Definition and punishment 354
Duty of citizens when shot is
fired 368
Mob failing to disperse. .C. C. 1172-1173
Protection of prisoners 370
Streets, passage and occupancy
of, in case of riot 368
Troops used in suppressing. .. .361-369
Roads and Bridges.
Altering or obstructing, pen-
alty 533, 715, C. C. 570
Bridges included in word 2
Discharge of firearms 508
Encroaching on registered
road 534, C. C. 517
Excavation, injuring by, or other-
wise 6668
Injuring prohibited 6667
Penalty for 6660
Obstruction of, penalty for, 535,
C. C. 518
Opening and leaving open gates
on 536
Registered road, encroaching on. . 534
Obstructing registered roads . . . 535
Roads and Revenues.
Letting contract for public work,
illegal
Road Overseers and Commissioners.
Penalty for failing to perform
duty .532,
Robbery.
Assault With intent to rob
Punishment
Definition of
Intimidation, punishment
Open force, punishment
Rocking or Shooting at Cars.
Punishment
Rogues and Vagabonds, 640,
False keys, pick-locks, etc., having
possession of
279
6095
99
100
151
153
152
511
641
640
757
INDEX.
Ro-Se
CRIMINAL LAW.
Rosin.
Fraudulent brands 62.1
Interfering with inspector's brand 620
Pay for, failing to 539
Rule Nisi.
Motions for new trial, service
of 1065
Supersedeas 1066
Rules of Court.
City court, superior court rule®
govern in 781
Running Freight Trains on Sunday.
Exceptions to statute 6749 (1-4)
Proof on the trial 421
Punishment 420
Sabbath.
(See Sunday.)
Sales.
Property under lien 672
Wrongful, sale of mortgaged prop-
erty 671
,Scalesman.
Failing to take and file oath 271
Schools.
Carrying liquor to 436
Interfering with 427
Punishment 427
School-Teachers.
Counterfeiting license of 6675
Exempt from jury duty 867
Scrawl.
Sufficient, when 2
Seals.
Includes, what 2
Forging or using, forged public
seals 244
Unauthorized use of name or seal 6679
Punishment 6680
Seaman (see Martime Laws) 644-656
Search Warrants.
Binding over offender 1247
Breaking door, when justified 1244
Execution of warrant 1244
Forcible taking of goods, no
ground for warrant, when 1246
Goods seized to be restored to
owner 1245
Right to be free from unreason-
able searches and seizures. . . 1243
Warrants issued, when 1243
Secondhand Clothing.
Importation and purchase of, pro-
hibited 490
Exception y 491
Seduction.
Bond to be given by seducer 388
Filing the bond and suit there-
on 389
Definition and punishment 387
Prosecution stopped by marriage. 388
Self-defense.
Danger must be urgent 73
What must appear 73
Selling or Farming out Office.
Punishment 281
Selling or Incumbering Property
Held Under Conditional Pur-
chase 673
Settlement of cases 674
Selling Unwholesome Provisions.
Punishment 466
Sentence.
Attempts, how punished 1040
Conviction disqualifies to vote or
hold office, when 1050
Death by hanging 1043
Place of execution 1043
Sentence to be executed in pri-
vate 1043
Death penalty, sentence to specify
time and place 1044
Female quick with child. . .1044, 1045
Limit as to infliction of death
penalty 1044
Warrants to issue if execu-
tion not done 1046
Discretion of the judge 1037
Felonies, punishment of 1036
Effect of recommendation to
mercy 1036
Form of sentence 1038
Insane after conviction, suspen-
sion of death sentence 1047
Insane after conviction, trial of
when 1047
Oath of jury 1047
Insane convict committed to luna-
tic asylum 1048
Resentence and warrant on re-
covery 1049
Misdemeanors, how punished .... 1039
Pardons and reprieves, Govern-
or's power 1051
Pregnant woman convict, suspen-
sion of death sentence 1045
Proceedings subsequent 1045
Recommendation to mercy effect
of '..1036. 1037
Second offense, conviction of,
longest time given 1042
Several imprisonments to be suc-
cessive 1041
Suspension for insanity after con-
viction 1047. 6757
Time and place to be specified
in 1044
Separation of Witnesses.
(See Witnesses.)
Allowed, when and how 1017
Servant.
Employing servant of another. . . . 121
Enticing: away 122
Punishment 121
Se-So
INDEX.
758
CRIMINAL LAW.
Service.
Bills of exception in criminal
cases 107G
Habeas corpus writ 1216
Rule nisi, on motion for new
trial 1065
Scire facias, on forfeited recogniz-
ance 937
Setting Fire to Woods.
(See Firing the Woods.)
Penalty for carelessness 698, 6752
Settlement of Cases.
Submitted and passed on, how. . . . 956
Severance.
Election by joint offenders to
sever 969
State has right to 969
Severing Produce from Realty.
Punishment 717
JJhad.
Nets, closed season, etc 582-584
Penalty for wrongful taking 584
Regulations concerning taking. .582-584
Closed time 582
Meshes of nets 582
When shad shall be taken 583
Sheep.
Skinning dead sheep of another. . 226
Sheriff.
Advertising, demanding more than
legal rate for 303
City courts, fees for attendance
at 1107
Costs, in cases not enumerated,
not allowed 1107
Cost not collectible until after
conviction 1107
Custody of jail and prisoners .... 1127
Duties of the sheriff 1127
Executing criminals, fee to be paid
by county 1107
Fees, schedule of 1107
Fees; summoning witnesses, 1107, 6758
Furnishing prisoners with medical
aid, fire, etc 1127
Jails, duties of sheriff as to 1127
Jails,' sheriffs fined for contempt,
when 1128
Jailers' fees 1107
Is jailer, and may appoint jailer, 1120
special deputy 332
Mileage fees to be paid by county 1107
Nonresidents not appointed as
Record of prisoners in jail, duty to
keep 1125
Reimbursements for necessities
Refusing to receive prisoner 285
Taking prisoners to jail in an-
furnished prisoners 1127
other county, when 1127
Venue changed, duty of sheriff. . . 1129
Shipment of Infected Plants.
Penalty for 6614
Shooting at Another.
Definition and punishment 113
Shooting in Cars.
Punishment 511
Shooting on Excursion Trains or at
Picnics 6692
Penalty 6693
Shooting on Sunday.
Prohibition of 6694
Penalty 6695
Signature.
Mark included 2
Silence.
Admissions amount to, when.... 1003
Simple Larceny.
(See Larceny.)
Skinning Dead Cattle of Another.
Punishment 226
Slavery.
Forbidden except as punishment 15
Sleeping Cars.
Colored persons, laws as to sepa-
ration, not apply to 531
Smallpox.
Concealment of 499
Persons concealing indictable,
C. C, 1468
Spreading smallpox 500
Vaccination, regulation of ..6687 (a)
Social Societies.
Disturbance of 418
Punishment 419
Selling liquor within three miles
of 419, 434
Sodomy.
Attempt to commit 386
Definition of 382
Punishment of 383
Solicitors of County Courts.
Appointment, duty and fees 748
Fees of solicitors 747
Solicitors-general.
Administer oaths 798 (3)
Aid presiding judge 798 (3)
Attend on grand juries, etc 798 (2)
Attend sessions of court, duty
to 798 (1)
Attorneys acting as, entitled to
same fees 806
City court, shall prosecute cases
in 780
Collect moneys and settle there-
for 798 (7)
Drawing indictments or present-
ments 798 (4)
Duties of, defined 798
Failure to attend on courts 800
Fees in city court cases 1102
Fees, schedule of 1099. 1100
Fees in supreme court cases, 1101, 1103
State to pay, when 1101
759
INDEX.
So-St
CRIMINAL LAW.
Sol icitors-general — Continued.
Fees, not paid without certificate
of service 1100
Fees in reduced felonies 1099
Gaming, bill for, nol pros'd, no
fees allowed 1100
Grand jury may demand exhibit
from 842
Illegal cost, proceeding for exact-
ing 802
Clerk to notify Governor 803
Nolle pros, indictments, authority
to 801
Perform all duties pertaining to
office 798 (11)
Place of, when court may supply 805
Pro tern. 805
Fees of pro tem 805
Prosecute and defend cases in
which State interested 798 (5)
Prosecuted, proceedings when so-
licitor is 807
Represent State in all cases.. 798 (6)
Ruled, may be as attorneys at law 799
Salary and fees of . .• 1099
Settle with preceding solicitor 798 (8)
Supreme court cases, fees in 1101, 1103
Taking money, etc., to influence
grand jury 804
Sound Mind.
Persons who are considered of . . 33
Sovereignty and Jurisdiction.
Of the State 21
Special Criminal Bailiffs.
Appointment and removal of .... 808
Duties of 809
Fees of 1105
Special Juries.
Selected in what manner 848
Oath of 849
Special Pleas.
Insanity, plea of, how tried 951
Misnomer, plea of 954
Writing, demurrer and special
plea to be in 950
Special Presentments.
Treated as indictments 931
Speculating in County Orders.
Punishment 277
Speed Contests.
(See Racing.)
Entering animal under false name 675
Rules for determination of class
or division 676
True name of animal 677
Stabbing.
Definition and punishment 112
State of Georgia.
Announcement of ready for trial, 959
Conspirators to cheat or defraud. 287
Offenses, complete when 290
Continuance by state 960
Deposits of, receiving reward on,
prohibited 201
Interest on public money, receiv-
ing prohibited 199, 200
Jurisdiction as to place 21, 25
As to persons 22
Penalty for using State money. . 198
Phosphate rock, digging of .... 203
Property or money of, penalty for
withholding 197-203
Public officers, conspiracy, to
cheat 288
Offenses, complete when 290
Selling arms belonging to 202
Severance, State's right to 969
Solicitors' fees for service in su-
preme court 1101
Withholding money or property of 197
State Depository.
Officer receiving interest from,
prohibited 201
Statement of Defendant.
(See Prisoner's Statement.)
All trials, right to make state-
ment in 1010
Court of inquiry 910
Cross-examination not allowed . . . 1010
Oath, not made under 1010
Weight of " 1010
Stationary Engineers.
Exemption from jury duty 867
Statute of Limitations.
(See Limitations of Prosecu-
tions.)
Statutes.
(See Construction of Stat-
utes.)
Construction of 1
Stealing from Hut, Car, etc.
Hut, car, etc., stealing from, a
misdemeanor 185
Stealing Rides on Trains.
Tramps, stealing rides 6662
Punishment 6663
Steamboats.
Receipts to be given by 602
Stenographic Reports.
Brief of evidence to be reduced
to narrative form 1067
Stenographic Reporters.
Compensation of, in criminal
cases 1104
Notes taken by 981
Superior court appointment, du-
ties, etc 810
Stolen Goods.
(See Receiving Stolen Goods.)
Receiving of 171
Straw.
Burning of 695, 696
When fire communicated to
house 697
St-Ta
INDEX.
760
CRIMINAL LAW.
Streets.
Passage and occupancy of, in case
of riot 368
Subornation of Perjury.
Definition and punishment. . . 260, 261
Subpoenas.
Nonresident State's witnesses . . 1114
Subscription.
Mark included 2
Suffrage (see Elections) 622-636
Sugar.
Putting dirt or rubbish in 6(?4
Sunday.
Hunting on 423
Indecent bathing 424
Keeping open tippling house on. . 390
Pursuing ordinary business on. . . . 422
Running freight trains on... 420, 6749
Exceptions to statute .... 6749 (1-4)
Shooting on Sunday prohibited.. 6694
Penalty 6695
Sunday Schools.
Carrying liquor to 436
Superior Court.
Adjournment by clerk 794
Adjournment by clerk on judge's
order . . . .» 795
Adjournment by judge in term
time 793
Adjourn term, juries for 870
Bailiffs; special criminal bailiffs. 808
Certiorari, granted when 792
Court bailiffs, compensation of. . 872
Compensation where no grand
jury is impanelled 873
Dockets, clerk to keep 797
Jurisdiction of 791
Motions, jurisdiction of judge as
to 792
Sessions and adjournments of, 793-796
Special charges to the grand jury. 846
Special juries, selection and oath
of 848, 849
Special terms of 796
Stenographic reporters.. 810, 981, 1104
Supersedeas, superior court judge
may grant 792
Transfer of cases to city court . . 778
Supersedeas.
Affidavit and bond required. 765, 6754
Pauper's affidavit 765, 6754
Affidavit in forma pauperis 1077
Bailable offenses, recognizance in
cases of 1077
Bill of exceptions operates as,
when 1077
Order granted, when 6742
Poverty affidavit 1077
Rule nisi for new trial, not oper-
ate as, when 1066
Superior court judge may grant. 792
"Waiver of trial operates as 923
Supreme Court.
Additional record ordered up . . . 1073
Assignment of errors 1069
Assignments of error, decision
limited to 1074
Appellate jurisdiction only exer-
cised 1068 (1)
Bill of exceptions (see that title)
1070-1077
Service 1076
Supersedeas 1077
Case pending in court below.... 1069
Judgments, power to mould.. 1068 (2)
Jurisdiction, appellate, only, ex-
ercised 1068 (1)
Mode of taking cases to 1071
Powers enumerated 1068
Questions which court shall de-
cide 1074
Remittitur on affirmance to be
promptly transmitted 1075
Speedy hearing and determina-
tion 1075
Supersedeas (see that title) .... 1077
Writ of error lies in what cases . . 1069
Surgery.
Diplomas by medical colleges. . . . 486
Judges shall give section 486 in
charge 487
Practicing illegally 485
Surgery or medicine, unlawfully
practicing C. C, 1491
Survey.
Punishment for false 278
Tar (see Turpentine) 539
Tax.
Dogs, penalty for falling to pay. .
6043, 6739
False oath, by taxpayer 264
Grand jury may recommend ex-
tra 832
Liquor dealers failing to pay after
registry 430
Penalty for failure to pay profes-
sional tax 6048
Professional, penalty for failing to
pay 6047-9, 6740
Unlawful to exempt manufactur-
ing or other property from tax-
ation 275
Tax Collector.
Bond to be given before collecting
tax 273
Exemptions of manufacturing or
other property from taxation,
void 275
Failure to render account 297
Fraudulently altering digest 251
Information against liquor dealers,
duty to give 430
Weekly report by 265
Penalty for false return 265
761
INDEX.
Ta-Tr
CRIMINAL LAW.
Tax Receiver.
Exemptions of manufacturing o<r
other property from taxation,
void ' 275
Duty of receiver 275
Grand juries' inspection of books 833
Mistake of, grand jury's duty . . 835
Refusal of to receive returns, etc. 274
Telegraph Operators.
Exempt from jury duty 867
Telegraph Wires or Fixtures.
Injury of 727
Ten Pins, Pool or Billiards.
Minors not to play 413, 6748
Tense.
Includes what 1 (2)
Terrapins.
Time within which, legally cap-
tured 571
Evidence of violation 573
Female terrapins not to be cap-
tured, when 572
Regulations as to nests 574
Testimony.
Report of, in felony cases 981
Threats.
Person acting under not punish-
able, when 41
Person compelling, liable 41
Threatening Letters.
Penalty for sending or delivering 117
Threatening to Burn Property of
Another.
Punishment 730
Timber.
Drifted timber, illegal purchase
of 228
Penalty for disposing of 227
Illegal measuring 679
Inspection, excessive charge for. . 614
Failure to measure . . 616
Inspector shall not be clerk. . . 615
Violation of timber or lumber
laws 617
Obstructing passage of 724
Protection of 6670
Penalty for violating 6670 (a)
Time.
Method of computing 1 (8)
Tippling Houses.
Keeping open on the Sabbath day
— punishment 390
Title.
Conveying land by forged title. . 250
Holding under forged deed 250
Toll.
Charging after charter expires, a
misdemeanor C. C, 625
Trade-marks.
Counterfeiting a crime 6677
Punishment 6677
Labor unions 252
Protection of 6676-6680
Punishment for violating, 6676-
6679 6680
Unauthorized use of 254
Unauthorized use of labels, trade-
marks, etc 6678
Punishment 6680
Unauthorized use of name or seal
255 6679
Punishment .' 6680
Use of counterfeit, prohibited. . . . 253
Traffic in Human Bodies 414-417
(See Human Bodies.)
Tramps Stealing Rides on Trains. . 6662
Punishment 6663
Treason.
Conviction a disqualification .... 1050
Crime against the State 50
Definition 50, 51
Jurisdiction as to acts done with-
out the State 53
Number of witnesses necessary 52, 991
Proved in what way 52, 991
Punishment of 51
Second degree, treason in defined 54
Suspension of sentence, by Gov-
ernor 1051
Trees.
Cutting down shade trees 219, 713
Inspection of, required 6616
Shipment of without inspection,
prohibited , 6614
Maliciously cutting down shade
trees 713, 219
Trespass.
Acts deemed as 219
Capitol building grounds 222
Trees, etc., janitor may make
arrests 224
Jurisdiction of courts 223
Chestnut trees, special present-
ments as to 219 (4)
Burden of proof 219 (4)
Cutting timber, etc., without con-
sent 219 (1)
Definition 219
Entry, after being personally for-
bidden 220
Fence, pulling down or remov-
ing 219 (3)
Horse or mule, using without own-
er's consent 225
Hunting on inclosed land 221
Mule or horse, using without own-
er's consent 225
Punishment of 219 (4)
Severing produce from realty .... 717
Squatting or settling upon land 219 (4)
Taking and carrying away prop-
erty 219 (2)
Wayfarers and intruders not em-
braced 209
Tr-Ve
INDEX.
762
CRIMINAL LAW.
Trial.
Announcement of ready or not
ready 959
Bar-dock, prisoner placed in,
when 944
Cases when tried and when con-
tinued 961
Copy of accusation and list of
witnesses 945
Demand for 958
Entry of arraignment and plea
on indictment 949
Fetters, prisoner not to be ar-
raigned in . ." 943
First term, to be at unless con-
tinued 960
Form of arraignment 946
Issue may be recorded susequent-
ly 948
Joint offenders 969
Pleading to the indictment . . 946, 947
Public and speedy secured 8 (5J
Standing mute 947
Trial by Jury.
Number, right, etc 850
Trustees.
Converting assets, penalty 190
Trusts and Combines.
Penalty for violating statute 6469
Turkeys.
(See Wild Turkeys.)
Turnpikes, Bridges and Ferries.
Collecting toll on when out of re-
pair 552
Excessive toll, charging of 555
Injuring or destroying 709
Liability of owner 558
Maximum grade 553
Navigation fixtures, injury of 709
Obstruction of 556
Rates of toll, failure to post 554
Toll, collecting on turnpike when
out of repair 552
Charging excessive toll 555
Collection of, without author-
ity 557
Failure to post rates of toll. . . . 554
Turpentine.
Fraudulent brands 621
Interfering with inspector's brand 620
Pay for, failing to 539
Time for cutting boxes 496
Turtles.
Season in which may be legally
, taken 575
United States.
Fraudulent seizures by pretended
officers 217
Offenses committed on soil ceded
to 28
Prisoners of kept in State jails. . 1123
Duty to receive State prisoners 1124
Notice of refusal to be given. . 1124
Unlawful Assemblies.
(See Riots and Affrays.)
Definition 353
Unlawful Currency 248, 249
Unlawful Mining.
(See Mining.)
Unwholesome Provisions.
Sale of 466-467
Using Abusive or Obscene Language.
(See Abusive and Obscene
Language.)
Using Horse or Mule Without Own-
er's Consent.
Punishment 225
Vacation.
Jury drawn in 823
Vaccination.
County and city regulation of, 6687 (a)
Vagrants and Vagrancy.
Bond in cases of 454
Bound out 453
Definition of 453
Solicitor's duty and fees 455
Venue.
Boundary line of two counties. . . 26
Change of, clerk's duty to send
transcript 1129
•Change of, costs, how paid 1083
Costs to be paid by what county, 1083
Sheriff's duty in reference to. . 1129
Changed, when and how 939
Clerk to transmit papers, etc. 940
Issue of subpoenas 940
Subsequent change of venue. . . . 941
Change of, where officer suppress-
ing riot is indicted 371
Counties divided by water 23
County where crime committed
determines 29
Fees of witnesses, change of
venue 1119
Impartial jury not obtainable,
venue changed 941
River being state boundary 24
State line, offenses committed on 25
Subpoenas for witnesses where
venue changed 940
United States, wound on soil
ceded to 28
Wound and death in different
counties 27
Verdict.
Attempt, jury may find 1035
Construction of 1033, 1034
General verdict, jury to give .... 1033
Jury, judges of law and fact .... 1033
New trial, where against evidence 1058
Contrary to law and evidence. . 1057
763
INDEX.
Ve-Wh
CRIMINAL LAW.
Verd ict — Continued.
Reasonable intendment, verdicts
to have 1033
Recommendation to mercy 1034
Vessels.
(See Maritime Laws.)
Firing or sinking vessels 710
Officer's authority to visit and
search 928
Plundering or stealing from
wrecked vessels 173
Quarantine grounds, removal of
vessel to " 502
Masters must deliver bills of
health 503
Setting fire to, when near wharf 711
Definition of setting fire to .... 712
Voir Dire.
(See Jury and Jurors.)
Investigation before trial not re-
quired, when 978
Questions on (see Jury) 975
In county court 757
Setting aside for cause 976
Swearing in chief 977
Voluntary Drunkenness.
Excuses no crime 39
Voluntary Escape.
(See Escape.)
Voluntary Manslaughter.
Actual assault, etc., must be
shown 65
Attempt to commit serious per-
sonal injury 65
Code section 65 as amended .... 6748
Cooling time 65
Definition of 65, 6743
Equivalent circumstances 05
Irresistible passion 65
Provocation by words, etc., not
sufficient 65
Punishment 66
Volunteer Forces.
Exemption from jury duty 867
Guarding jail illegally coming
within limits of C. C, 1179
Votes and Voters.
(See Elections.)
Buying or selling illegally 629
Conviction of certain crimes a
disqualification 1050
Voting Illegally.
(See Elections.)
Waiver.
City courts — general rules as to,
govern in 782
Indictment, waiver of 785
Law waived, when 5
Trial in court of inquiry 923
What may be waived 5
Warrant.
Affidavit and warrant must state
what 883
Form of affidavit 884
Who may issue 882
Arresting officer not to procure
dismissal 6682
Arrests for cruelty 889
Arrest without 896
Backing not required 888
Bench warrants, duty to execute. 932
Bond to prosecute, when required 887
Cost not collected until warrant
returned 6683
Form of warrant 885
Issued by what officers 882
Issued in any county and executed
without backing 888
Officers must execute 895
May summon posse 895
Special warrant 886
Warrants for Good Behavior and to
Keep the Peace.
(See Peace Warrants.)
Bond may be required 1235
Extended from term to term 1235
Suit for breach 1236
Warrant may issue, when 1235
Water.
Poisoning of 6687
Punishment 6687
Water Courses.
Offenses committed on 24
Putting carcasses of animals in
streams 492
Weapons.
Carrying concealed weapons 341
Carrying deadly weapons to .
courts, etc 342
Not apply to officers 342
Furnishing to minors 344
Pointing at another 343
Weighing Agricultural Products
Without Oath.
Punishment C. C, 1603
Weights and Measures.
Sacks of flour and meal, weights
to be stamped on 550
Exceptions 551
Salesman failing to take and file
oath 271
Selling by false weights 661
Whipping.
Prohibited, as punishment for
crime 10
Whipping Bosses (see Misdemeanor
Convicts) 1146-1149
Whipping Convicts.
Appointment of whipping boss . . 1146
No whipping save when reason-
ably necessary 1147
Wh-Wi
INDEX.
764
CRIMINAL LAW.
Whipping Convicts — Continued.
Person appointed to inflict pun-
ishment 1170
ReDorts to be made by such
1171
persons
Whipping Wife.
Punishment 104
Wife competent witness 104
Wife.
Coerced by husband 38
Habeas corpus, disposition of wife
and child on 1226
Whipping wife — punishment 104
Wife a competent witness 104
Witness, not competent or com-
pellable, when 1011
Wild Turkeys.
Killing or taking during close sea-
son 6699
Penalty for killing or taking at
certain seasons 6647
Pot hunters to procure license.. 6700
Protected season 568
Punishment for killing, taking,
etc., out of season 6701
Shooting or taking, when prohib-
ited 6647
Wines.
(See Domestic Wines.)
Witnesses.
Absent, continuance on account
of
Accomplice, corroboration of
Accused not competent or compel-
lable
Accused shall be confronted with, S
Attendance of, before county
court, how compelled
Attorney incompetent 1011
As to knowledge acquired out-
side of relationship 1011
Binding over, by courts of inquiry
Children when incompetent
Compelled to testify
Competency of witnesses .. 1011
Compulsory process to obtain . . I
Continuance for absence of
Showing must embrace what. .
Convicts, defendant needing, pro-
ceedings to produce
Convicts' expenses when wit-
nesses for the State
When a witness for defendant . .
Convicts on trials for escapes and
mutiny
Convicts, proceedings to attend, in
sections 1187-1190, cumulative. .
Convicts produced as
Coroner's inquest
Costs of state witnesses
Defendant when and how far lia-
ble
962
991
1011
1 (4)
742
(5)
(5)
915
1012
131
-1016
I (3)
962
962
1188
1189
1190
331
1191
1187
1263
1079
1079
Courts of inquiry, compelling at-
tendance of 909
Court of inquiry, attendance of
witnesses before grand jury. 917
Accused may obtain subpoena
when bound over or committed 918
Credibility of, for jury 1028
Criminate himself, no person com-
pelled to 1011 (3)
Cross-examination of witnesses.. 1018
Several parties having distinct
interest 1018
Defendant competent, when 450
Defendant's witnesses, fees of . . 1118
Drunkenness incapacitates 1013
Evidence against himself, not com-
pelled to give 1011 (2)
Examination of witnesses . . 1017-1023
County judge shall make 759
Cross-examination 1018
Experts * 1022
Leading questions 1019
Opinions 1021
Separate examinations 1017
State of feeling, relationship,
etc 1023
False witness causing death 262
Feeling and relationship shown.. 1023
Fees of defendant's witnesses . . . 1118
Fees of, how collected and paid. . 1116
Local laws not repealed 1117
Fees of nonresidents 1114
When venue changed 119
When sent to adjoining county, 920
Former trial, testimony on 1001
Gamblers competent, against each
other 404
Compelled to testify 404
Grand jury, foreman may swear . . 831
Oath of witnesses before 834
Habeas corpus ad testificandum. . 1225
Handwriting, proof of 1016
Husband and wife, competency of
114, 1011 (4)
Idiots incompetent 1012
Impeachment of 1024-1027
Contradictory statements 1026
Attention shall be called to
previous statement 1026
Sustaining proof 1026
Credibility for the jury 1028
Disproving facts testified to... 1025
General bad character, particu-
lar transactions not in-
quired into 1027
Proof of 1027
Sustaining proof 1026, 1027
One's own witness, party can-
not impeach 1024
Questions to be asked 1022
State of feeling of the witness, 1023
Sustaining proof 1026, 1027
Imprisoned, how brought up, 1225-1230
765
INDEX.
Wi-Ye
CRIMINAL LAW.
Witnesses — Continued.
Incompetent witnesses, persons
who are 1012
Indorsed on warrant 916
Interpreter used to explain evi-
dence 1014
Joint offenders, witnesses for each
other 969
Leading questions 1019
Libel, printer competent 336
Penalty for refusing to testify. . 336
List of. to be furnished accused. . 945
Local law not repealed 1117
Lunatics incompetent 1012
Memorandum to refresh 1020
Mileage of nonresident witnesses 1115
Names indorsed on warrant 916
Nonresidents, fees of, when sub-
poenaed for State 1115
When subpoenaed for defendant, 1118
Nonresidents, pay of 1115
How collected 1116
Nonresident State's witness, sub-
poena for 1114
Numer of, necessary 991
Oath of 980
Opinions of 1021
Pay of nonresident witness 1115
Personating another as 666
Physical defects not incapacitate 1014
Interpreter may explain evi-
dence 1014
Players and bettors compelled to
testify 404
Recognizance demanded by coro-
ner, when 1264
Refreshing by memorandum .... 1020
Relationship inquired into 1023
Self-crimination not compelled..
9, 131. 1011
Separate examination of 1017
Sequestration of witnesses 1017
State of feeling and relationship 1023
State's witnesses, defendant liable
for, when 1079
Venue changed, fees of 1119
Subpoenas for, on change of . . 940
Wife's competency against hus-
band .104, 1011 (4)
Cases of abandonment of child
1011 (4)
Competent against husband for
beating, her 104, 1011 (4)
Woods 229-232
(See Firing the Woods.)
Firing maliciously 698
Wool.
Putting dirt or rubbish in 664
Words, Meaning of.
"Aforesaid" and "preceding"
mean what 2
Bridges, highway includes 2
Bridges, road includes . 2
Felony means what 2
"Following," meaning of 2
Highway includes bridges 2
Insane includes what 2
Justice means justice of the
peace 2
Lunatic, includes what 2
Misdemeanor, definition of 2
Month means calendar month . . 2
lsT on compos mentis includes what, 2
Oath includes affirmation 2
Ordinary signification attached to
words i (i)
Person includes corporation and
persons of color 2
"Preceding" and "aforesaid"
mean what 2
Property, includes real and per-
sonal 2
Road includes bridges 2
Scrawl seal, when so intended . . 2
Seal includes impressions 2
Signature includes mark 2
Signification, when construing
statutes l
Subscription includes mark 2
Writing includes printing and nu-
merals 2
Year means calendar year 2
Wrecking a Railroad Company... 685-690
(See Railroads.)
Wrecking or Attempting to Wreck
Trains 512
Murder, if death ensues 513
Wrecked Vessels.
Plundering or stealing from 173
Writing.
Includes printing and numerals . . 2
Writs of Error.
Cases pending, writ not allowed, 1069
City courts 790
Form of judge's certificate 1072
Lies in what cases 1069
Written Charges.
Judge must give in writing when
requested 1030
Shall be filed 10,31
Year.
Means calendar year 2
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Georgia. Laws, statutes, etc.
Supplement to the code of the State
of Georgia.
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