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Penal Code-Changes in, &c.
thing, commodity or property, and shall also specify as near as practicable the quantity or value theroof, and also the place of destination.
Act a misde
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- meanor. 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.
An Act to make it penal for any officer, agent or other employee of any Railroad Company in this State 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 Overcharge 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.
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:
Acts to be deemed trespass.
1st. The wilful cutting or felling of any wood, timber or shade tree upon the land, enclosed or unenclosed, of another, without the &c. consent of the 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- &c., fruit, &c. ever, from the land, enclosed or unenclosed, of another, without the corn, &c. consent of the owner.
or removing fence, &c.
Penal Code-Changes in, &c.
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 unenOccupying 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, Provided, 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.
And not to
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 Court having jurisdiction thereof, and Penalty. upon conviction shall be fined or imprisoned, or both, at the discretion 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.
An Act to repeal all laws making it penal for the people of this State to receive and circulate United States currency.
20. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all laws Lews repca heretofore passed making it penal for the people of this State to receive and circulate United States currency be and the same are hereby repealed.
SEC. II. Repeals conflicting laws.
An Act to define the term "persons of color", and to declare the rights of 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 color shall have the right to make, and enforce contracts, to sue, be sued; to be parties, and give evidence; to inherit; to purchase, lease, sell, hold and convey, real, and personal 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 offences.
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..
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.
Persons of Color-Regulations relative to husband and wife, parent and child, etc.
4. SEC. II. That in all cases hereafter pending or about to be instiMay make af- tuted, wherein a free person of color is a party plaintiff, or defenfidavit as oth- dant, it shall be competent for such free person of color to make and file 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.
If two or
wives or husbands.
Approved 15th December, 1865.
An Act to prescribe and regulate the relation of Husband and Wife between 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 afmore reputed 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 his consent; and the ceremony of marriage between these two shall be performed. If such man, thus living with more than one woman, 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 fornication, or fornication or adultery, or, fornication and adultery, and punished accordingly.
comply with this Act.
Approved 9th March, 1866.
Obligations of children.
Declared le gitimate.
An Act to prescribe and regulate the relation of Parent and Child
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 their parents, as those which exist in relation to white 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.
Approved 9th March, 1866.
Relief-To prevent the levy and sale of property under certain circumstances.
An Act to carry into effect the ninth clause of the first section of the fifth article of the Constitution.
Issuing license for marriage of
9. SEC. I. Be it enacted by the General Assembly of the State of Geor-. gia, That from, and after the passage of this Act, if any officer shall knowingly issue any marriage license to partie, either of whom is of African descent, and the other, a white person, such officer shall be guilty of a misdemeanor, and on conviction thereof, shall be fined 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,
white perso African de-.
scent misde meanor.
such a misde
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 menor. dollars, nor more than one thousand dollars, or be confined in the Penalty. common jail six months, or both, in the discretion of the Court. Approved 7th March, 1866.
An Act for the relief of the people of Georgia, and to prevent the levy and ́ sale of property, under certain circumstances, and within a limited pe
WHEREAS, During the late war the State of Georgia has been overrun by the opposing armies; the accumulated crops and agri