Code-Alterations, Admendments, &c. (No. 22.) An Act to add an additional clause to the 1540th Section of Article 2nd, Chapter 7th, part 1st, Title 16th, of the Code of Georgia. 19. SEC. I. Be it enacted, &c., That the said Section shall be amended by adding the following clause: Ownerofl'nd or ditch. owner may to be made. "And whenever the owner of any land in this State shall refuse refusing to to extend any drain or ditch through the same, that may be dug to extend drain the line of his lot by the owner or occupant of adjoining land, then the said adjoining owner or occupant shall be privileged to Adjoining extend his drain at his own expense, through any such lands, to a have it done. proper outlet, and if his land shall be injured, or decreased in value, by reason of said draining, then he shall receive full com- Compensati'n pensation from the person so draining, for the injury done. The question of such injury, in value, may be submitted, on request of either party, and notice given, to three disinterested freeholders, to be chosen by the Inferior Court of said County, and they shall make an award upon the same rules and regulations as are now Award of provided by law, touching arbitrations and awards; Provided, said Proviso. awards shall be made, and just compensation paid, before the drain or ditch is commenced. SEC. II. Repeals conflicting laws. (No. 23.) An Act to alter and amend the 1629th Section of the Code, to strike out the 3rd provision of said Section, and to add additional provisions there:o, and to repeal Section 1630 and 1631, of the Code. Court' strick 20. SEC. I. Be it enacted, &c., That from and after the passage of this Act, the words "Inferior Court," shall be stricken out of Inferior the second line of the first provision of the 1629th Section. That en out. the word "fourteen" be stricken out of the fifth line of the 2nd provision of the 1629th Section, and the word "twenty," inserted Twenty year in lieu thereof. 21. SEC. II. That all of the third provision of Section 1629th, of the Code, be stricken out, and the following additional provision be added in lieu thereof: instead of fourteen. Ten per cent. paid in. cise of grant "No corporation created under this Act shall commence to exercise the privileges conferred by the Charter, until ten per cent. of capital of the capital stock is paid in, and no Charter shall have any force stock to be or effect for a longer period than two years, unless the Corpora-Corporators tors, within that time, shall, in good faith, commence to exercise mence exer the powers granted by such Act of Incorporation; and in case of in two years. the failure of said Corporation, the Stockholders shall be bound in Liability of their private capacity, to any creditor of said Corparation, for the amount of stock subscribed for by him, until the said subscription is fully paid up, or until the Stockholder shall have paid, out of stockholders. by applicants specifying what, Code-Amendments, &c. his private property, debts of the said Corporation to an amount equal to his unpaid subscription. 22. SEC. III. That provision 2nd, of Section 1629, be so Declaration amended as to require a declaration, by the applicants, specifying the objects of their Association, and the particular business they propose to carry on, together with their corporate name, and the amount of capital to be employed by them, actually paid in, and place of doing business, and the time, not exceeding twenty years, for which they desire to be incorporated, which said declaration shall To be filed. be filed in the office of the Clerk of the Snperior Court of the Bubicin, County where the business is proposed to be transacted, to be by him recorded, and shall also be published once a week for one month, in the nearest public gazette to the point where such business is located, before said Court shall pass an order declaring Secs. 1630 & said application granted. Record and 1661 repealed. Prohibition repealed. 23. SEC. IV. That Sections 1630 and 1631 of the Code, be, and they are hereby repealed, and stricken out. SEC. V. Repeals conflicting laws. Approved 17th March, 1866. (No. 24.) An Act to repeal so much of the 1655th Section of the Code of Georgia, as prohibits the marriage of persons within the fourth degree of consanguinity. 24. SEC. I. Be it enacted, &c.. That so much of the 1655th Section of the revised Code of Georgia as prohibits the marriage of persons within the fourth degree of consanguinity be, and the same is hereby repealed. SEC. II. Repeals conflicting laws. (No. 25.) An Act to to amend Sections seventeen hundred and seventy-five, and seventeen hundred and seventy-six, of the new Code of Georgia, relative to orphans. 25. SEc. I. Be it enacted, &c., That Section seventeen hundred and seventy-five, of the Code of Georgia, be and is hereby amended so that the last line thereof shall read "for the maintenance and education of the ward." And that Section seventeen hundred and seventy-six, shall read as follows: "If the annual profits of the estate of any orphan, with or without a guardian, are not sufficient Maintenance for his or her education and maintenance, and the Ordinary shall not, as allowed by Section seventeen hundred and seventy-fivé, allow the corpus of the estate to be used for such education and maintenance, then it shall be the duty of the Ordinary forthwith Binding out to bind, &c., &c.," which amendment is to take the place of the and educat'n. orphans. Code-Amendments, &c. three first lines of said Section seventeen hundred and seventy- (No. 26.) An Act to alter and amend the first number of Section 1954, 2nd Article, 26. SECTION I. Be it enacted, &c., That from and after the passage of this Act, the first number of Section 1954 of said Article be and the same is hereby repealed, and that in lieu thereof it is enacted as follows: "Every assignment or transfer by a debtor, insolvent at the time, of real or personal property or choses in action Assignment of any description to any person, either in trust or for the benefit solventdebtof, or in behalf of creditors, where any trust or benefit is reserved when, to the assignor or any person for him." Approved 24th February, 1866. (No. 27. An Act to amend Part 2nd, Title 3rd, Chapter 2nd, Article 4th, Section 3rd of the Code of Georgia. trust by in. or, void, 27. SECTION I. The General Assembly do enact, That the exemptions and protections contained in Part 2nd, Title 3rd, Art. 4th, Sec- Exemptions, tion 3rd of the Code of Georgia be and the same are hereby extend- &c., extended ed to intestate insolvent estates, in all cases wherein there is a wid-insolvent esów or child or children of the deceased interested (intestate?) living. to intestate tates. 28. SEC. II. That Section 2021 be so amended as to read "for Sec. 2021 the use of the wife or widow, and at her death or intermarriage, to amended. be equally divided between the children of her former marriage then living." Approved 8th March, 1866. (No. 28.) An Act to alter and amend Part 2nd, Title 6th, Chapter 2, Section 2416 of the Code of Georgia. 29. SECTION I. Be it enacted, &c., That Part 2nd, Title 6th, Chapter 2nd, Section 2416, be so altered and amended as to insert Code amend Code-Amendments and Explanations. Sec. 2416 of after the word "dismission" on the first line of said Section on page 462, the words "of resigning their trusts." ed. Preamble, represented. vest adminis tratiou in person. SEC. II. Repeals conflicting laws. (No. 29.) An Act supplemental to and explanatory of the 2462nd Section of the Code of Georgia in relation to the administration of unrepresented estutes, and to add additional Sections thereto. WHEREAS, The 2462nd Section of the Code of Georgia declares that, if from any cause an estate be unrepresented, and not likely to be represented, the Ordinary may vest the administration in the Clerk of the Superior or Inferior Court of the County, or any other person whom he may deem fit and proper, a citation being first published for thirty days as in other cases; And whereas, different constructions are entertained as to the requirement of bond and security by this Section, for remedy whereof, 30. SECTION I. Be it enacted, &c., That if from any cause an esEstates un tate be unrepresented, and not likely to be represented, upon its being made to appear to the Ordinary that neither the person entitled to administration on the estate, nor any other person can be found to give the security required by law, and that great injury is likely to occur to said estate for want of administration, that Detami. then and in such cases the Ordinary shall vest the administration Clerk or other in the Clerk of the Superior or Inferior Court of the County, or any other person whom he may deem fit and proper, such person or persons giving their own bond in such amount as the Ordinary may deem adequate for the faithful administration of the estate; Provided, that in all sucn cases where administration is granted without security, and it shall become necessary to sue the bond, the interest of all minors interested shall be satisfied, until the claim of said minors is fully paid off and discharged, although it may be to the exclusion of all parties capable of giving their consent when said administration may have been granted. Bond. Proviso. 31. SEC. II. The discretion vested in the Ordinary by the 1st Section of this Act, in determining to whom administration shall letin fer be granted, shall be exercised in accordance with the rules laid Ordinary. down in the 2461st Section of the Code of Georgia; Provided, 2461 to govern Proviso. that in all cases the natural guardians of minors interested in the estate shall have the right to take administration jointly with the person appointed, or alone if no other person is selected, and in case no per son can be found to take the admini tration, that then and in such case the Ordinary may vest the administration in the Clerk. 32. SEC. III. That whenever, under the citation required by the Act to which this Act is an amendment, any person entitled 7 Code-Explanations, Amendments, &c. to administration under the rules set forth in the 2461st Section, shall offer the Ordinary good and sufficient security as required under the 2468th Section of the Code, such person, although not entitled to the administration by priority under the rules for granting letters, such person so offering security shall nevertheless be entitled to the administration by reason of his ability to give security, in preference to any other person, who, by the rules laid ordinary to down for granting letters of administration, would have had priority in the administration of said estate. Approved 10th March, 1866. (No. 30.) An Act to amend an Act assented to December the 12th, 1863, amendatory af Section 2480 of the revised Code of Georgia. 33. SECTION I. Be it enacted, &c., That the before recited Act give preference to person offering good security. praise all real estate in the County. be amended so as to read as follows: "That it shall be the duty of all administrators to appraise all land or other real estate lying and Adm. to p being in the County in which such administration may be had." 34. SEC. II. That it shall be the duty of all administrators to return, under oath with such appraisement so far as may come to estate lying their knowledge, all land or other real estate lying without the without Co., County in which such administration may be had. Sec. III. Repeals conflicting laws. A proved 12th March, 1866. NOTE. The 1st Clause of Section 2480 required administrators to make an inventory and appraisement of personal property only. The Act of Dec. 20th, 1863, added "real estate," making the clause read "all the real estate and personal property.' (No. 31.) An Act to add an additional Clause to the 2531st Section of the Code. To return real tate is to be pointed to set act for subse 35. SEC. I. Be it enacted, &c., That where an estate is to be where an es kept together for a longer period than twelve months, and there kept together are no debts to be paid, and a widow and minor children to be appraisers ap supported out of said estate, the appraisers appointed by the Or-support may dinary, or a majority of them, to set apart and assign a year's sup-quent years. port for said widow and minor children for the first year, may act in the same capacity for any subsequent year, so long as said estate may be kept together; or, the Ordinary may appoint other ap-on appoint praisers to set apart and assign a year's support for each year that others. said estate may be kept together, under the same rules and regulations as are provided for setting apart and assigning the first year's support. Approved 9th March, 1866. Ordinary may |