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Penal Code-Changes in, &c.
PENAL CODE_CHANGES IN, &C.
Sec. 1. Arson, if of occupied dwelling on farm, Sec. 13. Where cause is postponed, defendant &c., to be punished with death.
may give bail for appearance. 2. Burglary in the night to be punished 14. Fraudulent seizure; &c., of propertywith death.
person claiming to be U.S. officer or 3. Horse stealing to be punished with agent. Punishment. death.
15. Railroad companies must give receipts. 4. Certain crimes redinced below felonies Specify what 5. Punishment of all crimes below felo- 16. Violation of Act, misdemeanor. · Pennies.
alty. 6. Fraudulent conversion, Section 4321, 17. Overcharge by employee of Railroad a amended.
misdemeanor. Penalty. 7. Malpractice by J. I. C. or Justice of 18. Certain acis to be deemed Trespass.Peace.
(1.) Felling trees, &c. (2.) Taking and 8. Punishment for keeping gaming table carrying away timber, &c., Fruit, &c., changed.
Corn, &e. (3.) Pulling down or remov9. Vagrants, who are. May be arrested, ing fences, &c. (4.) Occupying land and bound over to County Court. Pun
withont color of title. Proviso. Not ishment on conviction. Proviso.
to apply to wayfarers. 10. Fraudulently making second deed to 19. Declared misdemeanor. Penalty. Proland.
viso. 11. Empaneling jarors for trials on indict- 20. Laws making it Penal to receive and ment.
circulate U. S. currency repealed. 12. What shall be stated in affidavits or
warrants for arrest of offenders. When
(No. 234.) An Act to alter und amend the 4275th Section of the Fifth Division of
the Penal Code ; also, to alter, and amend the 4285th Section of the same Division.
burning of occupied dwelling house to be punished with death.
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.”
2. Sec. II. That section 4285 shall read as follows: "burglary Burglary in the night in the night shall be punished with death."
SEC. III. Repeals conflicting laws.
to be punish-
(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 Representa
tives of the State of Georgia in General Assembly met, That from and Horee Btcala. after the passage of ihis Act the stealing of any horse or mule shall
be punished by death, unless recommended by the Jury to the merde comercy of the Court, in which event, the punishment shall be as now
prescribed by the Code.
Approved 17th March, 1866.
ing to be ished by death, unless ury
Penal Code - Changes in, &c.
(No. 236.) An Act to alter and amend the Penal Code of Georgia. 4. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act the crimes de fined in the following Sections 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, 4?47, 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.
5. Sec. II. That all other crimes designated in the Penal Code Punishment punishable by fine and imprisonment, or either, shall be likewise filmother punishable in the manner hereinafter set forth, that is to say, the natedodle pour punishment for any of the aforesaid crimes, hereafter committed, inbable bax fote 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.
for above and
6. Section I. Be it enacted, sc., That from and 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 twen
SEC. II. Repeals conflicting laws.
(No. 238.) An Act to amend the Forty-three hundred and ninety-first (4391) Sec
tion 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 clauses thereof as follows:
Any Justice of the Inferior Court or Justice of the Peace who Malpractice shall be charged with malpractice in office, or with using oppress-in forlor 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
or Justice of
Penal Code-Changes in, &c.
other conduct unbecoming the character of an upright magistrate,
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 reepirn 1st, of the Code of Georgia be altered and amended by striking out changed. lige 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, por more than five thousand dollars, or imprisonment in the common jail of the county, or both, in the discretion of the Court.” 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 Vagtants, de-able to work, and who have to property to support them; all per
sons leading an idle, immoral or profligate 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 stealir.g 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 triäkinto the next term of the County Court, and upon convic
tion they shall be fined or imprisoned, or sentenced to work on the on convic- 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 personi 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 boond over. Paniehment
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” rinkdagen tieno in the fifth line of said section the following words, to-wit : " or conveyance who sball fraudulently make a second deed of conveyance to any to be held land or real estate to another."
SEC. II. Repeals conflicting laws.
to real estate,
deemod a common cheat and swindler.
1: (No. 242.)
11. SECTION I. Be it enacted, 8c., 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 Empaneling sixth line, and insert instead the words "panels consisting of such an ictiments
grahom ; number of Jurors as the Court, in its discretion, may think proper, until a Jury is obtained. Sec. II. Repeals conflicting laws. Approved 8th February, 1866.
(No. 243.) An Act to alter and amend Sections 4596 and 4597 of the Code of Geor
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 office ly as practicable the following facts, to-wit: the offence, the coun-raut whale 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.
Penal Code-Changes in, &c.
13. SECTION I, Be it enacted, fc,, That the following clause shall
be added to the 4613th section of the Code of this State after the muy give bail words “ too great delay” the words following, to-wit : “and where
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 enbeizute. Se, 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 beau.. 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 au
thority, such person, officer or agent, so offending sball, 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
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 refasal.
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, upsi ve recoipt. on demand, to furnish the party so delivering, a good and valid re
ceipt 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,