SEC. 1. Arson, if of occupied dwelling on farm, SEC. 13. Where cause is postponed, defendant &c., to be punished with death. 2. Burglary in the night to be punished 3. Horse stealing to be punished with 4. Certain crimes reduced below felonies 6. Fraudulent conversion, Section 4321, 7. Malpractice by J. I. C. or Justice of 8. Punishment for keeping gaming table 9. Vagrants, who are. May be arrested, 11. Empaneling jurors for trials on indict ment. 12. What shall be stated in affidavits or may give bail for appearance. 14. Fraudulent seizure, &c., of propertyperson claiming to be U. S. officer or agent. Punishment. 15. Railroad companies must give receipts. Specify what. 16. Violation of Act, misdemeanor. Penalty. 17. Overcharge by employee of Railroad a misdemeanor. Penalty. 18. Certain acts to be deemed Trespass.(1.) Felling trees, &c. (2.) Taking and carrying away timber, &c., Fruit, &c., Corn, &c. (3.) Pulling down or removing fences, &c. (4) Occupying land without color of title. Proviso Not to apply to wayfarers. 19. Declared misdemeanor. Penalty. Pro viso. 20. Laws making it Penal to receive and circulate U. S. currency repealed. malicious (No. 234.) An Act to alter and amend the 4275th Section of the Fifth Division of the Penal Code; also, to alter and amend the 4285th Section of the same Division. I. SECTION I. Be it enacted by the General Assembly of the State of Willful and Georgia, That from and after the passage of this Act, section 4275 shall read as follows: "the wilful and malicious burning of an occupied dwelling house of another on a farm or plantation, or elsewhere, shall be punished with death." burning of occupied dwelling house to be punished with death. Burglary 2. SEC. II. That section 4285 shall read as follows: "burglary in the night in the night shall be punished with death." to be punished with death. SEC. III. Repeals conflicting laws. Approved 8th March, 1866. (No. 235.) An Act to alter and amend the 4293rd Section of the Penal Code. 3. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and Horse steal after the passage of this Act the stealing of any horse or mule shall ished by be punished by death, unless recommended by the Jury to the merury recom.cy of the Court, in which event, the punishment shall be as now ing to be pnn. death, unless mend to cy. prescribed by the Code. Approved 17th March, 1866. Penal Code--Changes in, &c. (No. 236.) An Act to alter and amend the Penal Code of Georgia. crimes redu 4. SECTION I. The General Assembly of the State of Gergia do enact, That from and after the passage of this Act the crimes de fined in the following Sectious of the Penal Code as felonies, and punishable by imprisonment in the Penitentiary, shall henceforth Certain be reduced below felonies, and punished in the manner hereinafter ced below set forth, viz: Sections 4241, 4243, 4244, 4247, 4255, 4268, when punishment not within the provisions of the proviso to said section; 4248, 4296, 4298, 4300, 4307, 4309, 4312, 4313, 4314, 4315, 4317, 4365, 4382, 4400, 4475. felonies, and changed. for above and crimes desig nal Code puz 5. SEC. II. That all other crimes designated in the Penal Code Punishment punishable by fine and imprisonment, or either, shall be likewise all other punishable in the manner hereinafter set forth, that is to say, the nated in Pe punishment for any of the aforesaid crimes, hereafter committed, ishable by five shall be a fine not to exceed one thousand dollars, imprisonment ment, or not to exceed six months, whipping not to exceed thirty-nine lashes, to work in a chain gang on the public works not to exceed twelve months, and any one or more of these punishments may be ordered in the discretion of the Judge. Approved 20th March, 1866. (No. 237.) An Act to amend the 4321st Section of the Code of Georgia. either. conversion. 6. SECTION I. Be it enacted, &c., That from an I after the passage of this Act section 4321, of the Code of Georgia, be so amended as Fraudulent to insert after the words "collection of any of them" in the twenty-first line, the words "shall fraudulently, convert the same, or any part thereof, or the proceeds of any part thereof." SEC. II. Repeals conflicting laws. Approved 8th February, 1866. (No. 238.) An Act to amend the Forty-three hundred and ninety-first (4391) Section of the new Code of Georgia. 7. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the forty-three hundred and ninety-first section of the Code of Georgia be, and the same is hereby amended to read in the first lines and cláuses thereof as follows: by Justice of or Justice of "Any Justice of the Inferior Court or Justice of the Peace who Malpractice shall be charged with malpractice in office, or with using oppress- Inferior Ct. ion or tyrannical partiality, or with wilfully refusing or failing to the Peace. preside in or hold his Court at the regular terms thereof, or when it is his duty, under the law to do so, or with using any other means to delay or avoid the due course or proceeding of law, or with any Punishment banged. Penal Code-Changes in, &c. other conduct unbecoming the character of an upright magistrate, &c." This amendment to take the place of the three first lines of said section, as it now stands in the Code down to, and including the words "upright magistrate' there occurring, and all of said section after those words to be and remain as it now is. Approved 23rd February, 1866. (No. 239.) An Act to alter and amend paragraph 4424, part 4, title 1st, of the Code of Georgia. 8. SECTION I. Be it enacted by the General Assembly and it is hereby enacted by the authority aforesaid, That paragraph 4424, part 4, title for keeping 1st, of the Code of Georgia be altered and amended by striking out gaming table the words "by imprisonment in the Penitentiary not less than one or longer than three years" and inserting in lieu thereof the following words "by fine not less than one hundred dollars, nor more than five thousand dollars, or imprisonment in the common jail of the county, or both, in the discretion of the Court." fiued. Approved 17th March, 1866. (No. 240.) An Act to alter and amend the 4435th Section of the Penal Code of 9. SECTION I. The General Assembly of the State of Georgia do enact, From and after the passage of this Act, that the 4435th section. of the Penal Code of Georgia shall read as follows, to-wit: "All persons wandering or strolling about in idleness. who are Vagrants, de- able to work, and who have no property to support them; all persons leading an idle, immoral or prefligate life, who have no property to support them, and are able to work, and do not work; all persons able to work, having no property to support them, and who have not some visible and known means of a fair, honest and reputable livelihood'; all persons having a fixed abode who have no visible property to support them, and who live by stealing or by trading in, bartering for, or buying stolen property; and all professional gamblers, living in idleness, shall be deemed and considered vagrants, and shall be indicted as such; and it shall be lawful for any person to arrest said vagrants, and have them bound over for trial to the next term of the County Court, and upon conviction they shall be fined or imprisoned, or sentenced to work on the public works or roads, for not longer than a year, or shall, in the discretion of the Court, be bound out to some person for a time not longer than one year, upon such valuable consideration as the Court may prescribe, the person giving bond, in a sum not exceeding three hundred dollars, payable to said Court, and conditioned to clothe and feed, and provide said convict with medical attendance for and during said time, Provided, that the defendant may, at any May be arrested and bound over. Punishment on convic tion. Proviso. Penal Code-Changes in, &c. time before conviction, be discharged upon paying costs, and giv-. ing bond and security in a sum not exceeding two hundred dollars, payable to said Court, and conditioned for the good behavior and industry of defendant for one year. Approved 12th March, 1866. (No. 241.) An Act to amend the 4467th Section of the Code of Georgia. 10. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the 4467th section of the Code of Georgia be Any person amended by inserting between the words "thereto" and "shall" fraudulently in the fifth line of said section the following words, to-wit: "or conveyance who shall fraudulently make a second deed of conveyance to any to be held land or real estate to another." SEC. II. Repeals conflicting laws. (No. 242.) An Act to amend Section 4564 of the Code of Georgia. 11. SECTION I. Be it enacted, &c., That from and after the passage of this Act section 4564 of the Code of Georgia be so altered and amended as to strike out all after the words " to furnish" in the sixth line, and insert instead the words "panels consisting of such number of Jurors as the Court, in its discretion, may think proper, until a Jury is obtained. SEC. II. Repeals conflicting laws. (No. 243.) An Act to alter and amend Sections 4596 and 4597 of the Code of Georgia. ond deed of to real estate, and deemed a common cheat and swindler. Empaneling jurors for ctment, & trial on in vit or war state. 12. SECTION I. The General Assembly of the State of Georgia do enact, That any affidavit made or warrant issued for the arrest of any offender against the penal laws of this State shall state as near- What affida ly as practicable the following facts, to-wit: the offence, the coun-ant hull ty in which the same was committed, and the time when committed; and when the offence charged is larceny, the ownership of the pro- What in larperty alleged to have been stolen, or the person from whose possession it was taken shall, as far as practicable, be stated in the affidavit and warrant. SEC. II. Repeals conflicting laws. ceny. Penal Code-Changes in, &c. (No. 244.) An Act to amend the 4613th Section of the Code of th ́s State. 13. SECTION I. Be it enacted, &c,, That the following clause shall be added to the 4613th section of the Code of this State after the may give bail Words "too great delay" the words following, to-wit:" and where Defendant for appear ance. Fraudulent Claiming to the cause is postponed to a future day at the instance of either party, or by the Court, it shall not be necessary to commit the defendant to jail pending the hearing, but he shall have the right to give bail for appearance at the hearing before said Court of Inquiry, Provided, the offence be bailable under the authority of said Court." Approved 23rd February, 1866. (No. 245.) An Act to prevent the illegal seizure, detention or removal of property in this State, and to prescribe the punishment for the same. 14. SECTION I. The General Assembly of the State of Georgia do enseizure, &c., act, That if any person, fraudulently claiming to act as agent or ofof property. ficer of the United States or any Department thereof, shall seize, detain or remove the property of any citizen or resident of this be U. 3. offi- State, or if any person shall claim to be an officer or agent of the cer or agent. United States or any Department thereof, with authority to make said seizure, detention or removal, and who shall not have such authority, such person, officer or agent, so offending shall, upon conPunishment. viction, be punished by confinement and labor in the Penitentiary not less than one year nor longer than ten years, or for the same term of labor upon the public works of the State, at the discretion of the Court. Company to SEC. II. That this Act shall be in force from and after its passage. (No. 246.) An Act to compel Railroad, Steamboat and Express Companies to furnish parties receipts for articles delivered, and prescribe the penalty for refusal. 15. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act whenever any person shall deliver any article, thing, commodity or property of any description to any Railroad, Steamboat or Express Company in this State for transportation, it shall be the duty of such Company, upgive receipt. on demand, to furnish the party so delivering, a good and valid receipt for the same, with proper revenue stamps attached thereto, and said receipt shall specify the weight of said article, thing, commodity or property thus delivered, whenever the value can be estimated by weight, and in all cases where the value cannot be thus estimated the receipt shall give a general description of said article, Specifying what. |