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Code - Changes in, Amendments, &e.
Alien may hold lands. Conditions.
An Act to repeal the two thousand, six hundred and thirty-fifth,
(2635th,) Section of the Code, and to substitute another in lieu thereef.
36. Sec. I. The General Assembly of the State of Georgia do enact, That the two thousand six hundred and thirty-fifth Section of the Code, be, and the same is hereby repealed, and that the following be substituted in lieu thereof:
SEC. II. “Any alien may be permitted to acquire title to, and hold lands, within this State, upon taking an oæth in writing, to be filed in
the Clerk's office of the Superior Court of the County in which Failing to im- the land lies, that it is his intention, bona fide, to improve the
same; and if said alien shall fail, or neglect, within one year after the , urchase aforesaid, to begin such improvement, said land shall
1 become subject to an annual tax of fifty cents (50) per acre, for
each and every acre so held by him ; and on failure to pay the Tax, how col-Bame, it shall be the duty of the Tax Collector of said County, to
set up and expose to sale, so much of said land as may be neces
sary to pay such tax, having first given sixty days notice of the Og'rplus from time and place of sale, in one or more of the public gazettes of
this State ; the overplus, if any there be, after the payment of the tax aforesaid and costs accruing thereon, to be deposited with the Justices of the Inferior Court of said County, to be applied to educational purposes, if not called for by the owner thereof within two years after such sale ; Provided, That no alien shall hold or purchase more than one hundred and sixty acres of land, until he has declared, on oath, his intention to become a citizen. Approved 17th March, 1866.
(No. 33.) An Act to amend Section three thousand three hundred and twenty, of the
Code of Georgia.
37. Sec. I. Be it enacted, fc., That from and after the passage of this Act, Section three thousand three hundred and twenty, of the rode of Georgia be so amended as to add after the words
"part thereof," in the fifth line of said Section, the words “when Dolendent re the defendant is removing, or about to remove, beyond the limits
of the County, or."
SEC. II. Repeals conflicting laws.
"In all cases where bail is requirable, and is required by the Plaintiff, except as hereinafter provided, such plaintiff, his agent or attorney, shall make affidavit of the amount claimed by him, and that he has reason to apprehend the loss of said sum, or some part thereof, when the defendant is removing, or about to remove, beyond the limits of the County, or by reason of the fraud of the defendant, or his non-residence, if the defendant is not held to bail, which affidavit shall be filed in the Clerk's office, and copies thereof affixed to the original petition and process, and to the copy thereof, and the amount sworn to shall be endorsed on the said petition and process."
moving or about to remove,
Code-Amendments and Additions.
An Act to amend Section thirty-four hundred and seventy-eight ( 3478)
of the Code of Georgsa.
38. Sec. I. Be it enacted, fr., That from and after the passage of this Act, Section thirty-four hundred and seventy-eight ($ 3478) of the Code of Georgia, be and is hereby so amended as tu insert Garrishinent after the words “distributive share," in the second line of said Adnurs. Section, the words "or for any debt or demand, owing by said estate, to any other person."
Sec. II. Repeals all conflicting laws.
An Act to add an additional clause to Section 3621 of the Code of Geor
39. Sec. I. Be it enacted, &c., That from and after the passage of this Act, when any fugitive from justice, from a foreign State, shall be arrested and delivered up to the proper officers of said State, by any Sheriff, Deputy Sheriff
, Constable, or Coroner of this State, under warrant from the Executive of this State, upon demand made of him by the Executives of such other States, in the manner prescribed by the laws and Constitution of the United States, that said Sheriff, Deputy Sheriff, Constable, or Coroner, shall be entitled to receive and collect the following fees, which Fees of Sherfees shall be paid by the officer or officers of the State, appointed arresting une to receive said fugitives from justice, before release and delivery of the said fugitives from justice by the said officers of this State, liveringfugias aforesaid:
For executing and returning warrant, two dollars; for every mile a prisoner may be removed under an executive warrant, twenty-five cents.
Sec. II. Repeals conflicting laws.
from Executive, and dc
An Act to amend the three thousand eight hundred and sixty-sixth Section
of the Code of Georgia, so far as the same relates to the County of Chatham.
WHEREAS, In and by said Section of the Code of Georgia, the
Code-Amendments. rule nisi upon foreclosure of mortgage on real estate, is required to be published once a month for four months, to effect service on non-resident mortgagors; and whereas, it frequently happens that the period of time between the first day of the January Term, and the first day of the May Term, of the Superior Court of said County of Chatham, is less than four months, whereby in cases of foreclosure, parties plaintiff are sometimes deprived of their legal remedies;
40. SEC. I. Be it therefore enacted, 8c,, That the said three thousand eight hundred and sixty-sixth Section of the Code of Geor
gia, be so amended as to require publication only once a month for Pablication three months, of all rules nisi upon the foreclosure of mortgages for foreclosure on real estate. taken and passed at the January Term of said SuChatham Co. perior Court of Chatham County, in order to effect service on the
defendant or the mortgagor.
Approved 5th March, 1866.
An Act to amend the 3984th and 3985th Sections of the Code of Georgia.
$4 41. Sec. I. 'Be it enacted, &c., That the 3984th Section of the Warrantso, Code of this State be amended so as to permit the warrant to be
directed to the Sheriff, or his Deputy, or any lawful Constable, either of which officers shall be permitted to enforce the same.
42. SEC. II. That in addition to the oath prescribed by Section
3985 of the Code, the tenant, before he can retain possession of To arrest pro- the premises, shall be required to give bond and security, payable
to the owner, and to be approved of by the Sheriff, or Constable, conditioned for paying double the rent reserved, or to be due, if
the proceedings in the Superior Court shall be determined against Or make oath him, or make oath, that owing to his or her poverty, he or she is
unable to give security, and the security on such bonds shall be liable as in cases of appeal.
Approved 19th February, 1866.
ceedings. Teuant to give bood.
NOTE.---Section 3984, before amendment by this Act, required the warrant to be directed to the Sheriff of the County where the land lies, or his Depnty."
Section 3985 only required a counter-affidavit of the tenant holding over, for arresting proceedings under possessory warrant. This Act requires him also to give bond, &c.
An Act to amend and add to the 3985th Section of the Code of Geor
43. Sec. I. Be it enacted, 8c., That the 3985th Section of the Code of Georgia be aud the same is hereby amended by adding to said Section the following words:
Code--Amendments. "Provided, such tenant shall, at the same time, tender a bond, with good security, payable to the landlord, for the payment of tender boud. such sum, with costs, as may be recovered against him, on the trial of the case.
SEC. II. Repeals conflicting laws. Approved 15th February, 1866. NOTE.-Section 3985 of the Code is as follows:
"The tenant may arrest the proceedings, and prevent the removal of himself and goods from the land, by declaring, on oath, that his lease or term of rent has not expired, and that he is not holding possession of the premises over and beyond his term; or that he does not hold the premises, either by lease, or rent, or at wllí, or by sufferance, or otherwise, from the person who made the affidavit on which the warrant issued, or from any one under wbom he claims the premises, or from any one claiming the premises under him. Provided, such ten
. 4792 amended,
aga n-t tenant
An Act to amend the 4792nd and 4793rd Sections of the Code of Geor
gia, and for other purposes.
44. Sec. I. Be it enacted, 8c., That the word 'and in the third line of Section 4792, of the Code of this State shall be changed Serena to "or," so that the line shall read "pay the rëny włřen the same shall become due, or shall refuse."
45. Sec. II. That when the landlord shall deek to remove the stenant on the ground that the rent is due, an remains unpaid, the tenant may make affidavit that the rent claimed is not due, and Proceedings bond shall be taken, and other proceedings in like manner as when the tenant shall declare on oath that the lease has not expired.
46. SEC. III. That when the Jury shall find against the tenant, and assess the amount of double rent, the plaintiff may enter up judgment at once, against such tenant, and bis security on the websice and bond, in the same manner that judgment maywnow be entered up against the principal and his security upon appeal.
47. Sec, IV. That the provisions of the Act. to which this is an amendment, shall apply to all rentals of real estate in the State Act to apply of Georgia, and the processes and proceedings required by this of real estate Act may be had before any Judicial or Ministerial officer in this State having jurisdiction of the subject matter.
SEC. V. Repeals conflicting laws. Approved 10th March, 1866. Nore.-Sections 4792 and 4793 are in that portion of the Code having reference to the city of Savannah, but by Section fourth of the foregoing Act, it is declared, that certain provisions shall apply to all rentals of real estate in the State of Georgia.
An Act to amend the 3988th Section of the Code.
48. SEC. I. Be it enacted, 8C., That the 3988th Section of the Code be so amended as to allow the Justice of the Peace, or Jus
Code. Congressional Districts. Where J. I. tices of the Peace, to draw a Jury from an adjoining District in n, Irom ad. the County, in case of any entry into lands or tenements, or any trict in case of forcible detainer of the same, when a Jury cannot be obtained in wd detainer. the District in which the land lies.
SEC. II. Repeals conflicting laws.
may draw jujoining
Sec. 1. Schley county changed to the 2nd Dist. I Sec. 2. Scriven county added to 5th District..
(No. 41.) An Act to alter the Sccond and Third Congressional Districts of the State
of Georgia: 1
1. SECTION 1.*, Be it enacted, That the second and third Congres--Schley coun. sional Districtsof the State of Georgia be so changed as to take the d District county of Schley from the third, and add the same to the second..
SEC II. Repeals conflicting laws.
(No. 42.) An Act to change the County of Scriren from the First Congressional
District to the Fifih Congressional District.
2. SECTION I. The General Assembly of the State of Georgia do cnach Seriven Co. From and after the passage of this Act, that the county of Scriven alde de toi Sith be, and the same is hereby changed and transferred from the first. Distriot. Congressional District of this State to the fifth Congressional Dis
trict, and shall hereafter constitute and form a part of the said fifth
SEC. II. Repeals conflicting laws: