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Relief—To prevent the levy and sale of property under certain circumstances.
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 de cree 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, duOne fourth ring each year, one-fourth part of the amount of principal and inpaid annual- terest, of such execution; or of the debt, or claim, on which such
execution has been, or may bereafter 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.
2. SEC. II. That this Act shall not apply to exécutions 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.
3. SEC. III. That all statutes of limitation, relating to liens, afSuspended. fected by this Act, shall be suspended during the continuance of
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 e tyre which executions may have been, or may be issued, during the con
tinuance 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 sball make oath that the principal defendant has brought himself within the provisions of the 2nd section of this Act.
6. Sec. VI. That whenever any plaintiff or security, shall at
tempt to have an execution levied, for any of the causes stated in Stay of exe- 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
Statutes of linitation
Violation of this Act.
may cause levy and sale.
Issue of bills and bonds by Mayor and Council of Atlanta legalized,
of the execution, conditioned to pay the plaintiff the amonint due on said execution, during the four years, as hereinbefore provided for, in other cases; and where the defendant is unable to give secarity, he may make his affidavit of inability, as provided for in cases of appeals, in section 3543d, of the Code of Georgia.
SEC. VII, Repeals conflicting laws.
In Senate, passed over the veto of His Excellency the Governor, by a vote of two-thirds, March 6th, 1866.
President of the Senate.
Secretary of Senate.
THOS. HARDEMAN, Jr.,
Speaker of the House of Representatives. J. D. WADDELL,
Clerk of House
Issue legal ized,
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 :
7. SEC. I. Be itenacted, That said issues are hereby made legal. Property of
8. Sec. II. That all the property, both real and personal, of said city liable for city, be, and is hereby made liable for the payment of said bills To be re and bonds, and that said bills and bonds shall be redeemed when due, and presented according to law, and shall not again be issued again issued. after their redemption.
9. SEC. III. Thạt this Act shall take effect from the date of its Gold valne of approval by the Governor, provided, the said bills and bonds shall court 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,
(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 forty
six of the Code of Georgia, for practicing medicine without a liPohronie da sirom cense, shall not be enforced against any physician, for practicing Physicians penalty.
medicine, or surgery, in this state, at any time since the adoption Proviso.
of the Code, and before the passage of this Act; Provided, That this
Séc. II. Repeals conflicting laws.
An Act to legalize marriagés between first cousins, which have been con-
tracted since 11th December, 1863.
Relieved from penalties. Marriages legal.
11. SEC. I. Be it enacted, That all first cousins, who have heretofore intermarried since the eleventh day of December, 1863, are: hereby relieved from any penalties they may have incurred, under the laws of this State, and that such marriages are hereby declaredi legal. Sec. II. Repeals conflicting laws. Approved 28th February, 1866.
An Act 10-legalize certain Marriages in this State.
portions of this State, for a considerable length of time, and persong: 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
Sec. II. Repeals conflicting laws.
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.
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. oftence done or committed in good faith, under an order of
ару 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 aforesa id, that no person, or persons guilty as aforesaid, shall be Not Hable 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 op said, was acting under the order or orders of an officer having the right to give or make such order.
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 in 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 order.
SEC. III. Repeals conflicting laws.
Proof of act
Certain oriminal prosecutions nol prossed. Relieving securities upon certain bonds.
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 Thom-as, 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 Sola. Genili to General of the State of Georgia be, and they are hereby authorized, Hal Pron the presiding Judge consenting thereto, to Nol Pros all criminal
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 Departments.
16. Sec. II. That nothing in this Act contained shall be so Saits before construed as to prevent any one from prosecuting their rights be
fore the civil tribunals..
SEC. III, Repeals conflicting laws.
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 securlties 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 per-
SEC. II. Repeals conflicting laws..