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Sec. 188 re

peated.

Code-Changes in. Sections repealed and amended.

Title 4th, Chapter 1st of the Code of Georgia be and the same is hereby repealed.

Approved 8th March, 1866.

NOTE.-Section 183 of the Code required that "the unfinished business of the first session of the same General Assembly must be the first business at the succeeding session, subject to the standing rules thereof."

(No. 12.)

An Act to repeal Section 285, excepting the 5th Clause thereof, and also to repeal the 1st, 2nd and 3rd Clauses of Section 287 of the 1st Article, 5th Title, 4th Chapter of the Code of Georgia.

2. SECTION I. Be it enacted, &c., That Section 285, excepting the Parts of Sec. 5th Clause thereof, and also the 1st, 2nd and 3rd Clauses of Section 287, be and the same are hereby repealed.

285 and 287

repealed.

as to prior

SEC. II. Repeals conflicting laws.

Approved 17th March, 1866.

NOTE.-By first four Clauses of Section 285 of the Code, the Inferior Courts had authority

1. To exercise jurisdiction concurrent with the Superior Court in all civil cases, except those respecting titles to land, and those requiring equity jurisdiction or equity proceedings.

2 To exercise concurrent jurisdiction with said Court likewise in changing names, legitimating persons, and granting certain incorporations, in establishing copies of lost documents, in compelling the production of books or other writings, and in other cases when in like manner conferred.

3. To exercise within their jurisdiction all the power and authority granted to the Superior Courts, and to be governed by the same rules whenever applicable.

4. To exercise jrisdiction In all cases or matters granted to them specially, and which do not by the Constitution belong to some other tribunal exclusively.

By 1st, 2nd and 3rd Clauses of Section 287, the Justices of the Inferior Court had authority= 1. To issue and determine on writs of Habeas Corpus in the absence of the Judge of the Superior Court.

2. To issue attachments returnable to the Superior, Inferior or Justices Courts, to grant orders for the foreclosure of mortgages on personal property, and for bail in actions ex delicto, and to hear and determine upon questions of possession of personal property.

3. To exercise separately the same powers in all criminal matters as are by law vested in Justices of the Peace, with the condition that in all capital cases, three must preside on the committing trial.

(No. 13.)

An Act to amend Section 349 of the Code of Georgia.

3. SECTION I. Be it enacted, &c., That so much of Section (349) three hundred and forty-nine of the Code of Georgia as requires Requirement the residence of Solicitors General one year prior to their election residence of or appintment in the Judicial Circuit for which they are elected or pealed. appointed, be and the same is hereby repealed; Provided, that persons elected or appointed shall, at the time of their election or appointment, reside permanently in the Circuit for which they were elected or appointed.

Sol. Gen, re

Proviso.

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

NOTE.-Section 349 of the Code declared that no person is eligible to the office of Solicitor General who has not been a resident citizen of this State five years just preceding his election or appointment, who shall not have been an inhabitant of the Circuit in which he is to serve one year prior thereto, &c.

Code-Changes in reference to Road laws.

(No. 14.)

An Act to alter the Road Laws of this State, and to amend the 585th, 588th, 594th, 602nd and 604th Sections of the Code of Georgia.

duty.

4. SECTION I. Be it enacted, &c., That from and immediately after the passage of this act, the 585th Section of the Code of Persons sub Georgia shall be amended so as to read as follows, to-wit: "All ject to do road. male inhabitants, white and black, in this State, between the ages' of sixteen and fifty years, are subject to work on the public roads, except such as are specially exempted."

List of per

liable to do

be furnished.

5. SEC. II. Section 588 shall read as follows, to-wit: "The sev eral managers or employers of male free persons of color shall, whenever required, furnish the overseers of the road district with sons of color a list in writing of those who are liable to work on the public road duty to roads, signed by them, under å penalty of paying three dollars for Penalty fr each male free person of color so liable to work on the public roads, and whose names are not so furnished, to be collected as fines for not working the road."

failure.

6. SEC. III. Section 594 shall read as follows: "Every individual liable to road duty, who, being duly summoned to work, shall neglect to obey such summons, and to carry the implements as ordered, or appearing with or without the implements, neglects or refuses faithfully to work, shall be fined not less than one, nor Defaulters to more than three dollars, for every day he or they shall fail to imprisoned. work, or be imprisoned at the discretion of the Commissioners."

be fined or

Executions ON

arrest against

7. SEC. IV. Section 602 shall read as follows: "Such Commissioners must issue executions under their hands and seals, or their warrants of arrest, as the case may be, against all defaulters who warrants of fail to render a good excuse, directed to any lawful Constable, who defaultera shall levy and collect the same as executions issued from Justices Courts, or as the case may be, arrest the defaulter and bring him or them before the Commissioners to abide the judgment of the

same."

8. SEC. V. Section 604 shall read as follows: "If Constables Constables neglect their duty in collecting such fi fas, or fail to pay over the may be ruled.. money, or fail to make such arrest and bring them before the Commissioners, they shall be subject to rule and suit at the instance of such Commissioners, as though the fi fas or warrants had issued from a Justices Court.

Notice to es

ployer to have

force of ge

9. SEC. VI. That in all cases where executions may be issued against road hands in the employment of others, notice to the employer of the existence of said execution shall have the force and effect of a garnishment, and shall operate as a lien on wages due or nishment. to become due from said employer to said employee, and may be collected as in cases of garnishment.

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

Election first

Wednesday

Code-Sections 1232, 1290 and 1307 amended.

(No. 15.)

An Act to alter and amend paragraph twelve hundred and thirty-two
(1232) of chapter second of the revised Code of Georgia.

10. SEC. I. The General Assembly of the State of Georgia do enact, That paragraph twelve hundred and thirty-two (1232) of chapter second, of the revised Code of Georgia, be so amended as to read as follows: "The day of holding the in October. same is the first Wednesday in October 1861, and biennially thereafter; and the time of day for keeping open the elections keeping open. is from seven o'clock A. M. to six o'clook P. M., at the Court House, and from eight A. M. to three o'clock P. M., at the precincts.

Hours for

Approved 16th February, 1866.

The only change made by this Act in sec. 1232, is the substitution of three o'clock P. M. for five o'clock P. M. at the precincts.

report of

Lunatic Asyluin.

(No. 16.)

An Act to alter and amend section 1290 of the Code of Georgia.

11. SEC. I. Be it enacted, &c., That the two last clauses, after What to be the word "departments" be stricken off, and the following be inembraced in serted in lieu thereof: "Embracing the amount of each kind of proTrustees of visions, drugs, clothing and bedding purchased, of whom purchased, price paid, and aggregate costs; number of persons received, died, and discharged, dates of reception, discharge, and death, male and female, pauper and pay patients, partial pay if any. And also, whether payment was made in clothing, provisions or currency." 12. SEC. II. That the Superintendent shall account for all his of expendi- expenditures on vouchers in the same form as those which are I made in accounting for disbursements in the Commissary department of the United States.

Form of acct.

tarea, &c

SEC. III. Repeals conflicting laws.
Approved 12th March, 1866,

NOTE.-Sections 1285, to 1314 inclusive, of the Code, relate to the Lunatic Asylum.
Section 1290 provides, that,

"At the close of each fiscal year, which terminates on the first day of October, the Trustees
shall make to the Governor, to be by him laid before the General Assembly, in connection with
his annual message, a full report of the condition of the Asylum, in all its departments," embra-
cing the amount, &c.

(No. 17.)

An Act to alter and amend section 1307 of 3d article of the Code of Geor~
gia.

13. SEC. I. Be it enacted, &c., That section (1307) thirteen hun-
dred and seven of article (3d) third, be altered and amended, by
striking out, after the word" others" in the third line of the above
recited section, the words "nor detained against their consent in
the institution. Where consent is necessary, they must be capable

A

Code---Sections 1338, 1339, 1340, 1341. 1343, 1351, 1353, chapter 4th, amended.

be controlled

of consenting"; and amended. by inserting the words, "but shall Inebriates to be subject to the control of the Superintendent, as other patients, as other pauntil discharged."

SEC. II. Repeals conflicting laws.

Approved 12th March, 1866.

See. 1307 of the Code, relates to inebriates received into the Lunatic Asylum.

(No. 18.)

An Act to alter and amend sections 1338, 1339, 1340, 1341, 1343, 1351, and 1353, chapter 4th, of the Code of Georgia.

sients.

Sec. 1338

14. SEC. I. Be it enacted, &c., That the words "Confederate States", in section 1338, chapter 4th, of the Code of Georgia, be amended. stricken out and the words "State of Georgia" be inserted in lieu thereof.

Section 1340.

Also, that the words "such place in this State as a majority may select", in 1st clause, section 1339 of said Code, be stricken out and Section 1339. the words "the seat of Government", be inserted in lieu thereof.. Also, that the 1st clause of section 1340 of the Code aforesaid, be altered and amended, by striking, out in said clause, all the words after the word "6 physicians," and inserting in lieu thereof the words" of their schools who present their diplomas from incorporated Medical Colleges of Georgia, without examination."

Also, that Section 1341 of said Code be altered by striking out Section 1841, in second line the words "who has a diploma."

Also, that the 1343rd Section of said Code be altered and amend-Section 1843, ed by striking out at the beginning of said Section the word "seven," and inserting in lieu thereof the word "four."

Also, that section 1351 of said Code be altered and amended by Seation 1351 striking out all between the words "State" and "without," and inserting in lieu thereof the words "shall open or keep a drug or apothecary store," and striking out in fourth line the words "one of said Board" and inserting in lieu thereof the words "the Medical Board of his own school."

be recorded.

15. SEC. II. That licenses shall be recorded in the office of the Licenses to Clerk of the Inferior Court, and the Clerk is required to keep a list of the names of the persons licensed, in a conspicuous place in his Clerk to keep office, for which the Clerk shall receive one dollar ($1.00) fee for

each license so recorded.

SEC. III. Repeals conflicting laws.

Approved 17th March, 1866.

NOTE.-By above amendment to sec. 1338 of the Code, any white person who has received a diploma from any Medical College of the State of Georgia, without regard to the school, is authorized to practice medicine.

By amendment to sec. 1339, the Board of Physicians of the Allopathic School, have the authority to meet annually, or oftener, at the call of any three of their number, at the seat of gov

ernment.

The words in 1st clause of sec. 1310, preceding the words stricken out, are "to grant licenses to practice, to all Physicians".

By sec. 1341, as amended, one member of said Board, may grant a temporary license, to practice, to an applicant, without a diploma.

Sec. 1343 relates to a quorum of the Board.

Sec. 1351 as amended, provides, that "no person in this State shall open or keep a drug or apothecary store, without first obtaining a license therefor, from the Medical Board of his own school.

list posted.

Section 1350 amended.

Act to take

effect on its

passage.

Code---Section 1350 amended.

(No, 19.)

An Act to amend the 1350th section of the Code of Georgia.

16. SEC. I. Be it enacted, &c., That after the words "December 1847", said section be amended, by adding the following, to-wit: "or were in practice under legal diploma, or license, on the first day of January 1868".

SEC. II. That this act shall take effect immediately after its passage, and that all laws militating against this act, be, and the same are hercby repealed.

Approved 9th March, 1866.

By section 1350 as amended, Physicians who were in practice prior to the 24th Dec. 1847, or were in practice under legal diploma or license, on the first day of Jan. 1863, are exempt from all the provisions of the chapter.

(No. 20.)

An Act to alter and amend the tenth paragraph of the second article, part first, title sixteenth, chapter fifth, of the Code of Georgia.

17. SEC. I. Be it enacted, &c., That after the passage of this act, the tenth paragraph, of the second article, part first, title sixteenth, chapter fifth, of the Code of Georgia, be so altered as to read as Inspector of follows: "That if any inspector or measurer of timber shall fail, neglect or refuse, to measure timber, as is now prescribed by law, When guilty the said inspector or measurer shall be guilty of misdemeanor, and on conviction be subject to a fine of five hundred dollars, and imprisonment in the common jail of the county, for the term of three months."

of misdemea

nor.

Penalty.

In Counties

SEC. II. Repeals conflicting laws.
Approved 1st February, 1866.

(No. 21.)

An Act to suspend the operation of Section fifteen hundred and twentycight, of the Code of Georgia, in eertain Counties.

18. SEC. I. The General Assembly of the State of Georgta do enact, That Section fifteen hundred and twenty-eight of the Code of Georgia shall be suspended in those Counties which having no have no standards of weights and measures, until such standweights, &c. ards shall be supplied as now provided by law; Provided, that said Counties claiming the benefit of this Act, shall first have to the Gov'r. made application to the Governor to procure standards of weights and measures as provided for in Section 1530 of the Code.

standards of

Application,

SEC. II. Repeals conflicting laws.

Approved 1st February, 1866.

NOTE.-The following is the Section suspended by this Act:

"Sec. 1528. All persons engaged in selling by weights and measures, shall apply to the Clerk of the Inferior Court of their respective County, and have their weights and measures so marked, and in default thereof, shall not collect any account, note, or other writings, the consideration of which is any commodity sold by their weights or measures."

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