pelled to pay off the same, shall, upon showing to the Court from whence said execution or executions issued, that he or they were bona fide security or securities on the origīnal contract, and not interested in the original consideration, have an entry by the Court that he or they are security or securities on the execution or executions, and after which, and upon having an entry made by the collecting officer, on the execution or executions, that the same has been well and truly paid by said security or securities, then and in such cases, said security or securities so paying off and discharging said execution or executions, shall have control of the same for the purpose of collecting by levy and sale from each co-security so sued together, or such as may be responsible, the proportionable share due by each upon such execution or executions: Provided, nevertheless, that if any should not be responsible, then the amount so paid on said execution or executions by such security, is to be equally divided between those securities who are.

SECTION 3. And be it further enacted by the authority afore said, That in all cases where any Sheriff may be a defendant in execution, it shall be lawful for the plaintiff to place his execution in the hands of any Constable of the county, who shall be and he is hereby authorized to levy and sell, as the Coroner or Sheriff of an adjoining county is authorized to do in such cases.

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by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed.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 8, 1850.

AN ACT to amend an act to give to Masons and Carpenters an incumbrance for debts due on account of work done, and materials furnished in building or repairing houses and premises to which they may be attached, passed 22d December, 1834, so as to give to painters, tinners and coppersmiths in the county of Richmond and city of Savannah, the like security for debts due on account of work done on houses in the county of Richmond and city of Savannah, and city of Columbus.

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 all debts which may hereafter become due to any painter, tinner or coppersmith in the county of Richmond or the city of Savannah, or city of Columbus, in this State, for painting, tin or copper work done on any houses in said county, and in said cities, shall constitute and be an incumbrance on

such house and premises to which it may be attached, to the same extent, upon the same terms, and with the same qualifications and restrictions, as debts due to Masons and Carpenters for work done and materials furnished in the building and repairing houses now constitute, and are on such houses and the premises to which they may be attached, by virtue of the act of the General Assembly of this State, entitled an act to give to masons and carpenters an incumbrance for debts due on account of work done and materials fu rnished in building or repairing houses, on such houses and premises to which they may be attached.

SECTION 2. 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 23, 1850.

AN ACT to designate the Holidays to be observed in the acceptance and payment of bills of exchange and promis sory notes, and to disallow the three days, commonly called three days of grace, on all sight drafts or bills of exchange drawn payable at sight.

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 the following days, namely: the first day of January, commonly called New Years day, the fourth day of July, the twenty-fifth day of December, commonly called Christmas day, and any day appointed or recommended by the Governor of the State of Georgia, Mayor of any city, or other municipal authority in said State, or the President of the United States, as a day of fast or thanksgiving, shall for all purposes whatsoever as regards the presenting for payment or acceptance, and of protesting and giving notice of the dishonor of any bill or bills of exchange, bank check or checks, and promissory note or notes, made after the passing of this act, be treated and considered as is the first day of the week, commonly called Sunday.

SECTION 2. And be it further enacted by the authority aforesail, That three days, commonly called the three days of grace, shall not be allowed upon any sight drafts or bills of exchange drawn payable at sight, after the passage of this act; but the same shall be payable on presentation thereof, subject to the provisions of the first section of this act. 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 8, 1850.

AN ACT to authorize the legal representatives of intestates and testators of other States, and guardians, to sue in this State.

WHEREAS it frequently happens that persons depart this life in another State, owning judgments, bonds, mortgages and other specialties and promissory notes, bills of exchange, and other evidences of debts, and divers causes of action against citizens of this State, and by the existing laws suits cannot be brought in this State for the recovery of their rights, without some inhabitant of this State first takes out letters of administration upon the estate of such deceased persons, and for remedy whereof:

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 from and after the passage of this act, it shall and may be lawful for any administrator or administrators, and administratrix, for any executor or executors, and executrix, or guardian, of any deceased person or persons who may have departed this life in another State, and a citizen or citizens of such other State, at the time of their decease, owning at said time any judgments, bonds, mortgages and other specialties, and promissory notes, bills of exchange, and other evidences of debt, and any other cause of action against citizens of this State, to institute suit in his, her or their name, for the recovery of the same, in any of the courts of this State, which by law have jurisdiction of the subject matter: Provided, said legal representatives shall on or before the judgment term of the court to which such suit or suits are brought, file in said court a legally authenticated exemplification of his, her or their letters of administration, or letters testamentory, or letters of guardianship, according to law, to be used on the trial.

SECTION 2. And be it further enacted by the authority afore said. That said plaintiffs, his, her or their agent or attorneyat-law, may use any of the common law or statutary means or remedies now in force in this State, by complying with the distinct provisions of said laws, as other plaintiffs.

SECTION 3. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850.

AN ACT to amend an act entitled an act to alter and amend an act entitled an act to define the liability of sureties on appeals, &c., approved December 26th, 1831.

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 whenever any person has or shall become surety on any note, bond or other contract, and fails to sign his name as such, and separate actions are brought against such surety and his principal, and the surety shall or may pay off the judgment rendered against himself, and shall make it appear to the Court in which the judgment was obtained, that he was only a surety on such bond, note, &c., and not interested in the consideration thereof, that then and in that event, he shall be entitled to the control of the judgment against his principal for the purpose of remunerating himself out of his property.

SECTION 2. And be it further enacted, That when any surety shall or may sign his name as such, to any bond, note or other contract, and separate suits are brought against him and his principal, that he shall be sued as surety, and as such mesne and final process shall go against him, and on his paying off the judgment obtained against himself, he shall have control of the execution against his principal for his reimbursement.

SECTION 3. And be it further enacted, That where there are two or more sureties to any note, bond or other written contract, and such sureties are or may be sued in separate actions, the surety paying off the debts shall have the control of the executions obtained against his co-sureties, for the purpose of collecting out of thein their pro rata part of the debt; and if such surety should fail to sign his name as such, then on his making it appear to the Court in which such suit was brought, that he was only a surety, and not interested in the consideration of the debt, be shall have the control of the executions issued against his co-securities to the same extent and for the same purpose as is provided in the foregoing part of this section.

SECTION 4. And be it further enacted, That if separate suits are or hereafter may be brought in any of the courts of this State, against the maker and indorsers of any promissory note, and the debt is or may be collected of one of said indorsers, in that event such indorser, for his reimbursement, shall have the control of the execution issued against the maker of the note, as well also as of the executions obtained against any of the prior indorsers.

SECTION 5. 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 for the relief of certain citizens of this State from any and all disabilities, pains and penalties to which they may now be subjected to by law.

WHEREAS the Supreme Court of this State has decided that final divorces cannot be obtained, and are not authorized by law for any cause arising subsequent to the marriage; and whereas, there are many citizeus, male and female, who have been divorced either by the judgment of the Superior Courts of this or some other State; and whereas, there are those who now reside in this State, who have been divorced by the acts and resolutions of the Legislative authority of other of the American States; and whereas doubts are entertained as to the validity and legality of said divorces so obtained-for remedy whereof:

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 where any person or persons having been divorced as aforesaid, shall have heretofore married, or shall hereafter contract in marriage, that the same shall be legal and valid, and that all and every such person shall be exempt from all and every, the pains and penalties now prescribed against the crime of bigamy, and all privilges and immunities secured to the party in the decree of divorce, shall be valid in this State: Provided, that this act shall not extend to partial divorces, whether granted in the State of Georgia, or elsewhere.

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

Approved, December 20, 1849.

AN ACT to compensate the Grand and Petit Jurors of the Superior Court for the county of Gilmer, and to provide for the payment 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 from and after the first day of January, eighteen hundred and fifty-one, the Grand and Petit Jurors of the Superior Court of the county of Gilmer, shall each be entitled to receive one dollar per day from the County Treasurer for said county, for each and every day he may serve as Grand or Petit Jurors.

SECTION 2. And be it further enacted by the authority afore said, That the Tax Collector of said county shall pay over to the County Treasurer, eight per cent. out of the whole amount