aforesaid, in addition to the weight of the barrel, tierce, or hogshead as aforesaid, shall mark plainly on the head of such barrel the weight of the flour or meal, and add the words "Dalton Mills ;" and it shall be lawful to export in barrels, half barrels, tierces, or hogsheads, from any place in this State, any flour or meal inspected and branded as aforesaid, without further inspection: Provided, That nothing herein contained shall be so construed as to authorize said inspector to interfere with or charge any fees upon flour or corn meal for sale in said city of Dalton.

Approved, February 23, 1850.

AN ACT to amend an act approved December the tenth, 1803, to authorize the Justices of the "Inferior Courts of this State to discharge insolvent debtors confined by process from any court of this State whatever, so far as to amend the caption of the same.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority [of the same,] That the caption of said act be so amended as to read as follows = "An act to authorize the Justices of the Inferior Courts of this State to discharge insolvent debtors confined by process from any court of this State whatever, and to authorize magistrates to require bond to prosecute in criminal cases ;" and that the said act be as valid as if again enacted.

SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 23; 1850.

AN ACT to authorize the Justices of the Inferior Court of Cherokee county to pay the jail fees of insolvents out of the county funds.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Justices of the Inferior Court of the county of Cherokee be and they are hereby authorized to pay out of the county funds the jail fees of all insolvents who have been or hereafter may be confined in the jail of said county for offences against the State.

Approved, January 18, 1850.

AN ACT to provide for the survey and sale of all unsurveyed and unsold islands in the Chattahoochee, Ocmulgee and Flint rivers, within this State.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That his Excellency the Governor be and he is hereby required to have surveyed and run off into lots and fractions of such size as he may deem best, all islands belonging to the State in the rivers Chattahoochee, Ocmulgee and Flint, that in his opinion will justify the expense, and have the same sold at public auction at the usual place of holding sheriff's sales in each county where said islands may be located, and shall be advertised in three or more of the public gazettes in different parts of this State thirty days before such sale.

SEC. 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 22, 1850.

AN ACT to amend the several laws of this State in relation to writs of certiorari.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, in all cases in any of the Justices' Courts of this State, when either of the parties shall be dissatisfied with the judgment of said Court, it shall be lawful as heretofore, for said party so dissatisfied to apply for and obtain a certiorari on complying with the requisitions heretofore prescribed by law: Provided always, that the petition for certiorari shall not be to the Judge of the Superior Court, but to the Superior Court, and on being filed in the office of the clerk of the Superior Court, it shall be his duty to issue the writ directed to the Justices of the Peace of the district where the decision complained of was made, directing them to certify and send up the proceedings in the case to the next Superior Court, and in case the next Superior Court shall sit within 20 days after the issuing of said writ, then the said writ shall be returnable to the next succeeding Court, which said writ shall be served on one of said Justices by the party applying for the certiorari, by the Sheriff, Deputy, or any Constable, at least 15 days previous to the Court to to which the return is to be made; and it shall be the duty of the Clerk of the Superior Court to place the case on the certiorari docket, which said docket the Judge of the Superior Court shall take up and dispose of in its order, under such rules, regulations and restrictions as are now prescribed by law for disposing of certiorari cases.

SECTION 2. And be it further enacted by the authority aforesaid, That that the writs of certiorari granted in each case under the provisions of the above section, shall operate as a supercedeas of the judgment in the Justices' Court until the final hearing in the Superior Court.

SECTION 3. And be it further enacted by the authority aforesaid, That in all cases when the error committed by said Justices' Court is an error in law, which must finally govern the case, and in all other cases when the Judge of the Superior Court shall be satisfied that there is no question of fact involved which makes it nececessary to send the case back for a new hearing in the Justices' Court, then it shall be the duty of said Judge to make a final decision on said case without sending it back to the Justices' Court with instructions as heretofore.

SECTION 4. And be it further enacted by the authority aforesaid. That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 21, 1850.

AN ACT to protect the people of this State from vexatious prosecutions in cases where Grand Juries may hereafter refuse to find true bills.

WHEREAS by existing laws, persons charged with crimes and misdemeanors are subject to be indicted on the same charge at different terms of our Superior Courts, notwithstanding a Grand Jury on an investigation of the charge or charges, may ignore a bill or bills of indictment and *refuse to find a bill predicated on such charge or charges, which is contrary to justice, and for remedy whereof:

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That where Grand Juries empannelled and sworn may hereafter refuse at two several terms of the Superior Courts of this State, to find a true bill of indictment against any person or persons charged with a crime or misdemeanor in such courts, it shall be a bar to any further prosecution of the same person or persons for the same offence, whether under the same or another name or charge, and may be either plead in bar or given in evidence under the general issue.

SECTION 2. And be it further enacted by the authority aforesaid, That no defendant or party accused or indicted, who has either directly or indirectly, by bribery or undue influence, induced a Grand Jury to ignore a bill, or who has directly or indirectly prevented a witness or witnesses from

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attending and giving evidence before the Grand Jury having a charge under consideration, shall be entitled to the provisions of this act.

SECTION 3. And be it further enacted, That if the two bills shall have been ignored as contemplated in the foregoing sections of this bill, and the prosecutor within three terms of the court thereafter, shall show to the court on oath, in writing, that a material witness for the prosecution absented himself from the previous Courts, and that the attendance of such witness can then be had or procured, and also the name of such witness, and what he expects to prove by him or them, or that he has subsequently discovered additional testimony, then and in that case the court may in its discretion allow a third bill of indictment to be preferred.

SECTION 4. And be it further enacted, That all laws and parts of laws militating against the foregoing act, are, hereby repealed.

Approved, January 29, 1850.

AN ACT to authorize the granting injunctions in certain

cases.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Judges of the Superior Courts be authorized and empowered to grant writs of injunction without the security now required by law Provided, The party applying for the same will first make an affidavit that from his or their poverty they are unable to give such security.

Approved, February 8, 1850.

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AN ACT to prevent Judges of the several Superior Courts in this State from making certain charges or giving their opinions to or in hearing of the jury, and to define the

same as error.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall not be lawful for any or either of the Judges of the several Superior Courts of this State, in any court, whether civil or criminal, or in equity, during its progress, or in his charge to the jury, to

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express or intimate his opinion as to what has or has not been proved, or as to the guilt of the accused.

SECTION 2. And be it further enacted, That should any Judge of said Superior Courts violate the provisions of the first section of this act, it shall be held by the Supreme Court for Correction of Errors in this State to be reversed, and a new trial granted in the Court below, with such directions as they may lawfully make.

SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed.

Approved, February 21, 1850.

AN ACT to authorize certain actions at law.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That in all cases hereafter where death shall ensue from or under circumstances which would entitle the deceased, if death had not ensued, to an action against the perpetrator of the injury, the legal representative of such deceased shall be entitled to have and maintain an action at law against the person committing the act from which the death has resulted-one-half of the recovery to be paid to the wife and children, or the husband of the deceased, if any, in case of his or her estate being insolvent.

Approved, February 23, 1850.

AN ACT to perfect service of scire facias on absent defen-` dants by publication, for the purpose of reviving dormant judgments.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgin in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, whenever any judgment obtained in any of the Courts of this State, is or shall become dormant, and the defendant or defendants do or shall reside without the jurisdictional limits of this State, that said judgment may be revived against said absent defendant or defendants by such process as is usual in case the defendant or defendants reside within the State: Provided always, That the defendant or defendants be served with a scire facias by publication in some public gazette of this State once a month for four months previous to the term of the Court at which it is intended to revive said judgement, which ser