suspended. Proviso. Relief-To prevent the levy and sale of property under certain circumstances. cultural stock, in a great measure, destroyed; the Confederate indebtedness held by the people, in exchange for their products, has become valueless; the obligations of the State eagerly sought after as a safe investment, have been repudiated; the accumulated capital of nearly a century, represented by slave labor, amounting to nearly three hundred millions of dollars, has been destroyed, and the prospect of successful agriculture, the basis of all value, now dependent on the voluntary labor of the freedmen, is a question of doubt and experiment, therefore : 4 1. SEC. I. The General Assembly of the State of Georgia do enact, Levy and sale That there shall be no levy or sale of property, of defendants in this State, under any execution, founded on any judgment, order or decree of any Court heretofore, or hereafter to be rendered, upon any contract or liability, made or incurred prior to the 1st June 1865; Provided, The said defendant shall pay, or cause to be paid, during each year, one-fourth part of the amount of principal and interest, of such execution; or of the debt, or claim, on which such execution has been, or may hereafter be obtained, so that the entire indebtedness shall be paid, in four years from the first day of January, 1866, the first installment to be paid by the 1st January 1867, and the fourth and last, by the 1st January 1870. One fourth paid annual debt to be ly. ed. 2. SEC. II. That this Act shall not apply to executions for costs, Cases except- nor to rules against officers for money, nor to any process issued against persons holding money or effects, as bailees, nor to cases where plaintiff shall make oath, that defendants have absconded, are absconding, or have removed, or are removing, their property, or fraudulently conveying, secreting or concealing the same, to avoid the payment of their just debts, nor to orders for alimony, and fines for neglect of road duty, or processes, issued by Ordinaries, for the support of widows and orphans. Statutes of limitation 3. SEC. III. That all statutes of limitation, relating to liens, afsuspended. fected by this Act, shall be suspended during the continuance of the Act. Violation of this Act. When secu cause levy and sale. 4. SEC. IV. That any officer or other person violating this Act, shall be guilty of trespass, and liable to the defendant in damages, not less than the amount of the judgment, order or decree, upon which he is proceeding, as in other cases of trespass. 5. SEC. V. That any security upon any debt or demand, for rity may vy which executions may have been, or may be issued, during the continuance of this Act, shall have the right, with, or without, the consent of plaintiff, to cause a levy and sale to be made, whenever the security shall make oath that the principal defendant has brought himself within the provisions of the 2nd section of this Stay of execution. Act. 6. SEC. VI. That whenever any plaintiff or security, shall attempt to have an execution levied, for any of the causes stated in the 2nd section, the defendant may stay the said execution, by filing with the levying officer his affidavit, denying the existence of said cause, and in giving bond and security, in double the amount Issue of bills and bonds by Mayor and Council of Atlanta legalized. of the execution, conditioned to pay the plaintiff the amount due In Senate, passed over the veto of His Excellency the Governor, by a vote of two-thirds, March 6th, 1866. JNO. B. WEEMS, Secretary of Senate. WM. GIBSON, In House, passed over the veto of His Excellency the Governor, by a vote of two-thirds, ayes 121, nays 7, March 8th, 1866. THOS. HARDEMAN, Jr., Speaker of the House of Representatives. J. D. WADDELL, (No. 256.) An Act to legalize the issue of bills and bonds by the Mayor and Council of the City of Atlanta. WHEREAS, For the purposes of police, health and 'charity, the Mayor and Council of the City of Atlanta have heretofore issued divers bills and bonds upon the credit of said city: Preamble Issue legal ized. Property of city liable for To be redeemed when 7. SEC. I. Be itenacted, That said issues are hereby made legal. 8. SEC. II. That all the property, both real and personal, of said city, be, and is hereby made liable for the payment of said bills and bonds, and that said bills and bonds shall be redeemed when to be due, and presented according to law, and shall not again be issued again issued. after their redemption. due. Not 9. SEC. III. That this Act shall take effect from the date of its Gold value of approval by the Governor, provided, the said bills and bonds shall consideration be paid at the value of the consideration given for the same, estimated in reference to the gold value of said consideration, and not according to the nominal amount of said bills and bonds. I approve this Act, believing that the proviso, which I disapprove, is inconsistent with the body of the Act, and therefore void. 5th February, 1866. CHARLES J. JENKINS, penalty. Marriages-Certain, legalized. (No. 257.) An Act for the relief of certain Physicians in this State. 10. SEC. I. The General Assembly of the State of Georgia do enact, That the penalty prescribed in section thirteen hundred and fortysix of the Code of Georgia, for practicing medicine without a liPhysician cense, shall not be enforced against any physician, for practicing medicine, or surgery, in this State, at any time since the adoption of the Code, and before the passage of this Act; Provided, That this Act shall not exempt any person from such penalty except such as are graduates of some medical college, in the United States, and have diplomas from such college, or those who have heretofore practiced under a license. Proviso. 1 SEC. II. Repeals conflicting laws. (No. 258.) An Act to legalize marriages between first cousins, which have been con-tracted since 11th December, 1863. 11. SEC. I. Be it enacted, That all first cousins, who have heretofore intermarried since the eleventh day of December, 1863, arehereby relieved from any penalties they may have incurred, under the laws of this State, and that such marriages are hereby declared legal. SEC. II. Repeals conflicting laws. (No. 259.) An Act to legalize certain Marriages in this State. WHEREAS, Civil law has recently been suspended in certain portions of this State, for a considerable length of time, and persons living in such portions of the State, were, during the time of such suspension, unable to obtain a proper marriage license; and where-as, certain persons assumed the right to issue marriage licenses in. such cases, and many persons being thus deprived of the power to obtain a legal license, and desiring to be married, did obtain a license from persons not legally authorized to issue the same, and were, in good faith, married, under, and by virtue of such license, and are now living together as married persons; and whereas, this violation of the law, was caused solely by the inability of the parties to comply with the law: 12. SEC. 1. Be it therefore enacted by the General Assembly of the State of Georgia, That where any persons have been married in good ་ Officers and soldiers of the C. S. army relieved from penalty for acts committed. faith, during the suspension of civil law and where such marriages were solemnized, under, and by virtue of any license, or pretended license, and such marriages were publicly made, and the parties are now living together as husband and wife, that such marriages are certain mar hereby legalized and made valid, to all intents and purposes, and es legaldeclared to be valid and binding, from the date of the solemnization thereof, in as full and ample a manner, as if such marriages had been made and solemnized, under, and by virtue of a license properly issued. SEC. II. Repeals conflicting laws. (No. 260.) An Act for the relief of all persons who were bona fide soldiers of the army of the late Confederate States, for acts done, or committed, under an order, or orders, from any officer of the same; also, to relieve officers for any act done under orders from a superior officer. ized. Released bonds, or im 13. SEC. I. Be it enacted by the General Assembly of the State of Georgia, That all persons under arrest, or bond or bonds, or in from arrest, imprisonment, for any impressment of property, or for any other prisonment. offence done or committed in good faith, under an order of any officer of said army, before the final surrender of the army and forces of the late Confederate States, be and they are hereby released from the same; and it is hereby enacted, by the authority aforesaid, that no person, or persons guilty as aforesaid, shall be Not liable to liable to any penalty for the same, whether they have been yet ar-penalty, rested or not, provided that it shall first be proven to the Court having jurisdiction, or a Judge of the Superior or Justice of the Inferior Court, upon a writ of Habeas Corpus or otherwise, that said person or persons so claiming to belong to the army as afore-ing under or said, was acting under the order or orders of an officer having the right to give or make such order. Proof of act ders. action of dam action. 14. SEC. II. That said persons mentioned in the first Section of this Act, shall not be liable in any action of damages, or other ac- Not liable im tion, for any act or deed done or committed before the said final ages, or other surrender of the said army or forces of the said late Confederate States, when such person can show he acted under the order of any officer of the army having the right to give or make such or der. SEC. III. Repeals conflicting laws. Prosumble, Certain criminal prosecutions nol prossed. Relieving securities upon certain bonds. (No. 261.) An Act requiring certain criminal prosecutions to be Nol Pross'd. WHEREAS, During the existence of the late war, there were many alleged misdemeanors and felonies committed in the State of Georgia, by soldiers of the Federal and Confederate armies; and whereas, by General Order No. 29, issued by Major General Thomas, it is ordered that no Federal soldier shall ever be arrested for any offence committed by him when acting under orders from a superior officer; therefore, 15. SEC. I. Be it enacted by the Senate and House of Representatives: of the State of Georgia, in General Assembly met, That the Solicitors General of the State of Georgia be, and they are hereby authorized, NoL Pros. the presiding Judge consenting thereto, to Nol Pros all criminal Sols, Gen'l, to prosecutions which may now be pending, or may hereafter be instituted against all soldiers regularly in the service of the Federal or Confederate armies, for any offence committed under the orders of a superior officer authorized to give such order, during the late war, and prior to the surrender of General Joseph E. Johnston, and Brigadier General William T. Wofford, of their respective Depart ments. 16. SEC. II. That nothing in this Act contained shall be so Buits before construed as to prevent any one from prosecuting their rights before the civil tribunals. civil tribu mala SEC. III. Repeals conflicting laws. Approved 5th March, 1866. (No. 262.) lieved. An Act to relieve securities upon bonds for criminal offences committed during the war with the United States, upon certain conditions.'" 17. SEC. I. Be it enacted, That from and after the passage of Securities re-this Act, all securities in this State upon bonds for criminal offences committed before or during the late war with the United States, shall be released and relieved from the payment of said bonds, upon the following conditions: when it shall appear to the presiding Conditions. Judge that the criminal entered the service of his country and has never returned, or has left the country on account of duties performed or circumstances growing out of the late war, or when, by reason of the public duties required of the security, he was prevented from taking charge of his principal, or preventing his escape; or from the disorganized condition of the country, the security was hindered or prevented from surrendering his principal, said security shall be relieved. SEC. II. Repeals conflicting laws. |
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