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Penal Code-Changes in, &c.

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Act

thing, commodity or property, and shall also specify as near as practicable the quantity or value theroof, and also the place of destination,

16. SEC. II. Any Agent or officer of any Railroad, Steamboat or Express Company violating the provisions of this Act shall be deem-Violation of ed and considered guilty of a high misdemeanor, and upon convic- meanoz. tion thereof shall be fined or imprisoned, or both, in the discretion Penalty. of the Court. The fine not to be less than one hundred, nor more than two thousand dollars, the imprisonment not to exceed sixty days.

Sec. III. Repeals conflicting laws.
Approved 20th March, 1866.

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(No. 247.) An Act to make it penal for any officer, ugent or other employee of any

Railroad Company in this Štate to charge for freights or passengers transported over said Railroads above the rates now allowed by their several charters.

17. SECTION I. The General Assembly of the State of Georgia do enact, That any officer, agent or other employee of any Railroad Overcbarse Company in this State who shall hereafter charge for transporting a misdefreight or passengers over said Railroad above the rates cow allowed by their several Charters, or established by the Superintendent or other officer, or officers, of said Railroad, shall be guilty of a misdemeanor, and on indictment and conviction before the Superior Court in any county having jurisdiction thereof, shall be fined in a sum not less than one nor more than five thousand dollars for each Penalty. and every offence, one half to be paid to the informer and the other half to be paid to the county for the education of the children of indigent soldiers.

SEC. II. That this Act shall be of force immediately after its passuge.

Approved 17th March, 1866.

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Acts to be deemed trespass. Felling trees,

(No. 248.) An Act to define certain acts of Trespass, and make the same penal.

18. SECTION I. The following acts shall hereafter be deemed and held to be trespass, and indictable, to-wit:

1st. The wilful cutting or felling of any wood, timber or shade tree upon the land, enclosed or unenclosed, of another, without the &o. consent of tbe owner.

2nd. The taking and carrying away, or attempting to take and carry away, any timber, wood, rails, fruit, vegetables, corn, cotton, carrying or any other article, thing, produce or property of any value what he fruit, met ever, from the land, enclosed or unenclosed, of another, without the corn, &c. consent of the owner.

away timber,

Penal Code-Changes in, &c.

Pulling down or removing fence, &c.

land without

Proviso.

And not to

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3rd. The pulling down or removing any fence, paling or enclosure of another, without the consent of the owner.

4th. The squatting or settling upon the land, enclosed or unenboccappinent closed, of another, whether public or private, with no bona fide color of title. claim or color of title, and without the consent of the owner, Provi

ded, the intruder shall not remove off the land after ten days notice,

And provided further, that this section shall not apply to wayfarers apply to way- who shall camp for a night, or in case of providential detention, for

a longer time, on unenclosed land.

19. Sec. II. Any person committing any of the above acts of Declared mis- trespass shall be held and deemed guilty of a misdemeanor, and

subject to indictment in any Cuurt having jurisdiction thereof, and
upon conviction shall be fined or imprisoned, or both, at the discre-
tion of the Court, the fine not to exceed two hundred dollars, the
'imprisonment not to exceed the term of sixty days, Provided, that
persons camping for a night and using wood for such purpose shall
not be deemed guilty under this Act.

SEC. III. Repeals conflicting laws.
Approved 23rd February, 1866.

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taeanor

Penalty.

(No. 219.) An Act to repeal all la vs making it penal for the people of this. State to

receive and circulate United States currency.

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4. 20. SECTION I. Be it enacted by the General Assembly of the State of

Geoggia, and it is hereby enacted by authority of the same, That all laws e qews repcal. heretofore passed making it penal for the people of this State to re

ceive and circulate United States currency be and the same are
hereby repealed.

SEC. II. Repeals conflicting laws.
Approved 10th March, 1866.

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Persons of Color-Term defined, &c.

TITLE XXXI.

PERSONS OF COLOR.

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Sic. 1. Term defined.

Sec. 6. Parent to maintain children. it 2. Rights of.

" 7. Obligations of children. 3. Competent witnesses.

" 8. Declared legitimate. 4. May make affidavits ar other litigants. 9. Issuing license for marriage of white 5. Relation of Husband and Wife among;

person, and one of African dcscent
In case of two or more reputed

à misdemeanor.
Wives or Husbands. Failure to “ 10. Marrying such together a misde-
comply with provisions of Act.

meanor.

(No. 250.)

An Act to define the term "persons of color, and to declare the rights of

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such persons.

1. Sec. I. The General Assembly of the State of Georgia do enact, That all negroes, mulattoes, mestizoes, and their descendants, hav- Persons of ing one-eighth negro,or African blood, in their veins,shall be known in this State as " persons of color".

” 2. SEC. II. That persons of colorshall have the right 'o make, and enforce contracts, to sue, be sued; to be parties, and give évidence ; to inherit; to purchase, lease, sell

, hold and convey, real, and per, Rights of ; sonal property, and to have full and equal benefit of all laws and proceedings, for the security of person and estate, and shall not be subjected to any other or different punishment, pain or penalty for the commission of any act or offence, than such as are prescribed for white persons, committing like acts or offenees.

SEC. III. That all laws and parts of laws, in relation to slaves, and free persons of color, militating against this Act, be, and the same are hereby repealed.

Approved 17th March, 1866..

(No. 251.)

An Act to make free persons of color competent witnesses in the Courts of

this State, in certain cases therein mentioned, and to authorize the making and declaring of force, affidavits by them, in certain cases.

3. Sec. I. The Senate and House of Representatives of the State of Georgia, in General assembly 'met, do enact, That from and after the passage of this Act, free persons of color shall be competent witnesses Free persons in all the Courts of this State, in civil cases, whereto a free person competent of color is a party, and in all criminal cases wherein a free person of color is defendant, or wherein the offence charged is a crime or misdemeanor, against the person or property of a free person of color, any law, usage, or custom, to the contrary notwithstanding.

of color

witnesses.

a

er .

Persons of Color-Regulations relative to husband and wife, parent and child, ete.

4. Sec. II. That in all cases hereafter pending or about to be instiMay make ar- tuted, wherein a free person of color is a party plaintiff

, or defenfidavit an oth dant, it shall be competent for such free person of color to make

and Alle any affidavit, now by law, allowed a citizen to advance the remedy, or aid the defence,and when so made and filed, in conformity with law, such action shall be had thereon, as though the said affidavit had been made and filed by any other litigant.

Approved 15th December, 1865.

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husband and wife.

Iftwo or

(No. 252.) An Act 'to prescribe and regulate the relation of Husband and Wife be

tween persons of color.

5. Sec. I. The General Assembly of the State of Georgia do enact,

That persons of color, now living together as husband and wife, are Relation of hereby declared to sustain that legal relation to each other, unless

a man shall have two or more reputed wives, or a woman two or

more reputed husbands. In such event, the man, immediately afwore ceputed ter the passage of this Act by the General Assembly, shall select

one of his reputed wives, with her consent; or the woman one of her reputed husbands, with kis consent; and the ceremony of marriage between these two shall be performed. If such man, thus living with more than one wonian, or such woman living with more

than one man, shall fail or refuse, to comply with the provisions provisions of of this section, he or she shall be prosecuted for the offence of for

nication, or fornication or adultery, or, fornication and adultery, and punished accordingly.

Approved 9th March, 1866.

wives or husbande.

Failing to

this Act.

Parent to maintain children,

Obligations of children.

(No. 253.) An Act to prescribe and regulate the relation of Parent and Child among .

persons of color, in this State, and for other purposes.

6. SEC. I. The General Assembly of the State of Georgia do enact, That among persons of color, the parent shall be required to maintain his, or her children, whether legitimate or illegitimate.

7. SEC. II. That children shall be subjected to the same obligations, in relation to th ir parents, as those which exist in relation to wbite persons.

8. SEC. III. That every colored child heretofore born, is declared to be the legitimate child of his mother, and also, of his colored father, if acknowledged by such father.. Sec. IV. Repeals conflicting laws.

ruin Approved 9th March, 1866.

Declared les gitimate.

Relief-To prevent tbe levy and sale of property under certain circumstances.

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marriage of

one

(No. 254.) An Acl to carry into effect the ninth clause of the first section of the fifth

article of the Constitution.

9. Sec. I. Be it enacted by the General Assembly of the State of Georgia, That from, and after the passage of this Act, it any officer shall knowingly issue any marriage license to partie , either of whom is leningsof African descent, and the other, a white person, such officer shall white perdo be guilty of a misdemeanor, and on conviction thereof, shall be fin-African de ed not less than two hundred dollars, nor more than five hundred dollars, or be confined in the common jail three months, or both, in Penalty. the discretion of the Court, | 10. Sec. II. That if any officer, or Minister of the Gospel, shall marry such persons together, he shall be guilty of a misdemeanor, Marrying and on conviction thereof, shall be fined not less than five hundred meanor. dollars, nor more than one thousand dollars, or be confined in the common jail six months, or both, in the discretion of the Court.. Approved 7th March, 1866.

scent misde meanor.

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such a mindo

Penalty.

TITLE XXXII.

RELIEF.

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Sec. 1, Levy and sale under execution sus-Sec.12. Certain marriages legalized.

pended. Proviso. One-fourth of “ 13. Certain persons who were Soldiers, re-
debt to be paid annually.

leased froin arrest, bonds,&c. Re" 2. Cases excepted.

lieved from penalties. Proof of " 3. Statutes of limitation suspended.

acting under orders.
4. Persons violating Act liable in dama • 14: Not liable in action of damages.
ges.

" 15. Solicitors General to Nol Pros certain " 5. When security may cause levy and

prosecutions. sale.

« 16. Suits before civil tribunals not pre6. Stay of execution.

vented. “ 7. Issue of bills and bonds of City of At. * 17. Securities on bonds for criminal offen. laota legalized.

ces during the war, relieved. Con" 8. Property of Ciry liable. Redeemca

ditious. when due. Not again issued. “ 18. Principal on bond having enlisted be« 9. Gold value of consideration,

fore forfeiture, security relieved. “ 10. Certain pliysiciane relieved from pen.

Costs to be paid.
alties. *Proviso.
“ 11. First cousins who have married reliev.

ed from penalties. Marriages le
galized.

(No. 255.)
An Act for the relief of the people of Georgia, and to prevent the levy and

sale of property, under certuin circumstances, and within a limited pe-
riod.

WHEREAS, During the late war the State of Georgia has been overrun by the opposing armies; the accumulated crops and agri

Preamble.

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