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or other public works,

Sec. 1. Convicts sentenced to labor on Public Sec. 3. To be employed on W. & A. Railroad,
Works to be turned over to Justices
of Inferior Courts; how worked and "
guarded; provision for safe keep-"
ing; support and employment; may
be bound out to contractors on Pub-
lic Works.

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2. In certain cases Inferior Courts to turn over Convicts to Governor; guard

to be sent for them.

4. Governor to provide for safe keeping.
5. To appoint a general Superintendent of;
his duties and powers.

(No. 43.)

An Act to regulate the manner of Convicts laboring upon public Works, and to define the powers and duties of the Inferior Court, and Governor of the State, touching the same, and for other purposes therein mentioned.

Convicts sen

works to be

turned over

1. SECTION I. The General Assembly of this State do enact, That from and after the passage of this Act, in all cases where persons are sentenced by any Judge of this State to labor on the public tenced to la works, or on the public roads, it shall be the duty of the Judge bor on publie pronouncing the sentence to cause said convicts to be turned over to Justices of to the Justices of the Inferior Court, of the county where the con-Infr. Court viction is had, and it shall be the duty of said Justices to receive said convicts, place them in proper custody, and keep them diligently employed upon such public works in the county, in chain How worked gangs, or otherwise, and under such guards as they, in their judg ment, may deem best.

and guarded.

safe keeping, employment..

The said Justices shall have power to provide suitable places for their safe keeping; shall also have power to make provisions for Provision for their support by the county, and employ such guard or guards as support and may be necessary for their safe keeping, and for their constant and diligent employment upon the public works, and shall also have May be bound power to hire out, or bind out, such convicts to contractors on the out to conpublic works, upon such bonds and restrictions as shall subserve the public works. ends of justice.

tractors on

ses, Inferior

2. SEC. II. Where there are no public works in the county upon which convicts can be profitably employed, or where the Justices of the Inferior Court of any county prefer not to take charge of convicts for labor on works in the county, then, and in such cases, it in certain ca shall be the duty of the Justices of the Inferior Court to turn over co convicts to the Governor of the State, to be employed by him upon convicts to such public works in the State as he may deem best. And upon notice being given to the Governor, by said Justices, of their desire Upon notice to turn over such convicts, the Governor shall immediately send a guard for them.

turn over

Governor.

guard to be

seat for the

39

36

Such Convicts to be

employed on

W. & A.
Railroad or

County Officers-Sheriffs, &c.

3. SEC. III. All convicts sentenced to labor on public works, and turned over to the Governor, shall be diligenty employed by him at labor upon the Western & Atlantic Railroad, or upon such other public works, or improvements, as he may judge to the best inter-other works est of the State, and as shall best subserve the ends of justice. 4. SEC. IV. The Governor shall have power to employ such Safe keeping guards, and provide such places for the safe keeping of such con-victs, as he may deem proper.

Governor to

provide for

of.

5. SEC. V. The Governor shall also have power to appoint a To appoint a general Su- general Superintendent of such convicts, at a salary of one thousand perintendent dollars, removable at the pleasure of the Governor, and said Superintendent, under the advice and direction of the Governor, shall have entire control and management of all convicts thus sentenced to labor on public works, and shall have power to make all needful rules and regulations touching their employment, government and safe keeping.

His duties

and powers.

SEC. VI. Repeals conflicting laws.
Approved 20th March, 1866.

TITLE VIII.

Sheriffs, &c., 'may make

county.

COUNTY OFFICERS.

SEC. 1. Sheriffs, &c., may make arrests for SEC. 5. County sending prisoner to secure jail

crlme in any county.

"2. Arresting officer to carry accused to

county in which offence alleged to
have been committed.

"3. Warrant need not be endorsed.

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in adjoining county liable for fees. 6. Jailor not bound to receive prisoner from another county, unless fees paid in advance.

7. Tax may be levied to pay cost.

"8. Act of 1863 fixing Ordinaries' fees, repealed fees allowed in addition to those specified in Code.

66

(No. 44.)

9. Ordinaries may administer oaths and charge fees for same.

An Act to authorize any Sheriff, Constable, or other arresting officer, of any county of this State, to arrest in any county wherever found, any person charged with crime, under a warrant issued by any Judicial of ficer of the State, and to carry the accused to the county in which the crime is alleged to have been committed, for examination.

1. SEC. 1. Be it enacted, &c., That it shall be lawful for any Sherarrest in any iff, Constable, or other arresting officer of this State, to arrest any person, charged with crime, under a warrant, issued by any Judicial officer of the State, in any county of the State, without regard to residence of said arresting officer.

County Officers---Sheriffs, &c.

County in

of

2. SEC. II. That it is hereby made the daty of such arresting Arresting officer to carry said accused, with the warrant under which he was accused to arrested, to the county in which the offence is alleged to have been which offence committed, for examination before any Judicial officer of said coun-ted.

ty.

was commit

be back

3. SEC. III. That it shall not be necessary to have any such Warnt need. warrant backed or endorsed by any Judicial officer, upon its being ed. carried from one county to another.

SEC, IV. That this act shall take effect, and be of force, from, and immediately after its passage, any law, or usage, or custom, to the contrary notwithstanding.

Approved 17th March, 1866.

(No. 45.)

An Act to authorize certain sales to be made in other counties in this State, than where such sales are now required by law, and when certain kinds of property have been removed out of the State, to authorize the sale: of the same, in the State where it has been removed.

WHEREAS, It has been made to appear to the General Assembly, that quantities of cotton have been removed from the custody of Sheriffs, and which had been levied on by such Sheriffs, to other counties in this State, and beyond the jurisdiction of this State, by officers of the Treasury department, of the United States, upon some supposed claim, and after said removal the claim has been de- Preamble cided by said department, to be without foundation, and made subject to the orders of such Sheriffs; and whereas, the re-transportation of such cotton to the place of levy, would be burdensome and expensive to the parties in interest; for remedy whereof,

order sale of

certain

ces by levying

4. SEC. I. The General Assembly of Georgia do enact, That where it is made to appear to any Judge of the Superior Court that any cotton, after it has been in the custody of the Sheriff, or levying officer, by virtue of any levy, or under a decree of the Court, has Courts may been removed from the county in which the levy has been made, cotton under or decree rendered, or from the State, by authority of the United circumstanStates, and where it appears that said authorities have relinquish-officer. ed their claims upon the same, it shall, and may be lawful for the Judge as aforesaid, in term time, or in vacation, to order and allow the Sheriff, or other officer, as the case may be, to cause such cotton to be sold, at private sale, in the State or county, to which it may have been removed, and it shall also be within the power of said Judge to allow such charges and expenses, as may seem to him to be reasonable and just, in the sale of the same, and in the to allow ch execution of his orders; provided, that such Sheriffs, and other offi- reale cers, may be ruled for the proceeds of said sales, and be subject to for sale all the liabilities imposed by law, in cases where the sale was made in the proper county, except as to stays of execution. SEC. II. Repeals conflicting laws.

Approved 8th March, 1866.

Empowere

charges as

reasonable

County Officers' fees to be paid in advance.

(No. 46.)

An Act requiring cost to be paid in advance in certain cases.

5. SEC. I. The Senate and House of Representatives of the State of Georgia do enact, That from and after the passage of this act, when there is no secure jail in any county of this State, and any person County send-committing an offence in said county, shall be sent to jail in the to jail in ad- nearest county having a secure jail; the county where the offence ty liable for is committed, shall be primarily liable for jail fees and cost.

ing prisoner

joining coun

fees.

6. SEC. II. That the county so primarily liable, shall pay said Jalot re-jail fees and cost, mouthly, in advance, and no jailor shall be bound ceive prison to receive a prisoner from another county, until jail fees and cost another coun- are provided for, as aforesaid.

er from

ty unless fees

are paid in advance.

Tax to pay

cost.

Act of De

1868, repealed.

Fees allowed.

7. SEC. III. That for the purpose of raising funds to pay cost as aforesaid, the Inferior Court may levy and collect an additional tax for that purpose.

Approved 17th March, 1866.

(No. 47.)

An Act to repeal an Act entitled an Act to allow the Ordinaries of this State to charge and receive certain fees, assented to Dec. 14th, 1863, and to authorize them to charge, and receire, the following fees, in addition to those specified in the Code.

8. SEC. I. The General Assembly of Georgia do enact, That from and after the passage of this act, the before recited act, be, and the cember 14th, same is hereby repealed, and the Ordinaries of this State, be, and they are hereby allowed to charge, and receive, the following fees, in addition to the fees specified in the Code, to-wit: For siguing probate of will or codicil,. . . . . Each case litigated before the Ordinary, where no fees are prescribed,...

Issuing commissions to examine witnesses,

Commission to have one year's support set apart to widow,

minor or minors,..

Recording the same,.

Examining books and giving extract,..

Every order passed where no fees are prescribed....
Every service required and performed, for which no fees

$ 1.25

3.00

1.25

1.25

1.00

1.00

50

are specified by law, the same fees as are allowed Clerks of the Superior Courts, for similar services, or for a like amount of labor.

SEC. II. Repeals conflicting laws.

Approved 17th March, 1866.

Taxes in Bartow county.--Issue of Bonds authorized, &c.

(No. 48.)

An Act to authorize the several Ordinaries of this State to administer oaths and to receive compensation therefor.

9. SEC. I. The General Assembly of the State of Georgia do enact, That the several Ordinaries of this State, be, and they are hereby authorized to administer oaths, in all cases where the authority is Ordinary not specially delegated to some other officer, and receive the same ter oathe and fees therefor, that are allowed Justices of the Peace.

SEC. II. That this Act shall take effect from the date of its approval, and that all conflicting laws be, and the same are hereby repealed.

Approved Sth March, 1866.

may adminis charge fees

for.

TITLE IX.

COUNTY BONDS, TAXES, &c.

BARTOW CO. (No. 49, 50.)

LIBERTY AND THOMAS COS. (No 57.)

Sec. 1. Inferior Court authortzed to compro-Sec. 13, Tax authorized to pay indebtedness,

66

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mise bonds now due, issue new bonds

for amounts, proviso.

2. Courty bonds authorized to pay jurors,
build bridges. &c., proviso.
BULLOCH CO. (No 51.)

3. Inferior Court authorized to impose tax
for building court house and bridges.

4. May issue bonds to obtain loans.

CLARK CO. (No. 52.)

5. Extra tax authorized, objects, proviso.

6. Inferior Court may issue bonds.

EARLY CO. (No. 53.)

7. Tax authorized to pay for provisions

purchased for p ́or, &c.

ELBERT CO. (No. 54.)

8. Tax for county purposes authorized,
objects.

66 9. How assessed and collected, compen

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sation to collector, bond of.

10. Tax laws in 1860 to govern assessor
and collector.

GREENE CO. (No. 55)

11. Extra tax authorized for building and
repairing bridges.

HEARD CO. (No. 56.)

12. Tax may be levied to compensate for
attention to cases of small-pox.

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for provisions purchased for soldiers
families.

LUMPKIN CO. (No. 58)

14. Tax authorized for building jail, a-
mount to be raised, Grand Jury to re-
commend, duty of tax collector, com-
missioners appointed, no compensa-
tion.

RANDOLPH CO. (No. 59)

16. Bonds authorized to pay for treat-
ment of small-pox and other expenses;
receivable for county dues.

RICHMOND CO. (No. 60.)

17. Extra tax authorized for county pur-
poses.

SCRIVEN CO. (No. 61.)

18. Inferior Court may levy tax for sup
port of widows end orphans of soldiers.
TERRELL CO. (No. 62)

19. Inferior Court may levy tax to com-
pensate for attention to small-pox ca-

ses.

TWIGGS CO. (No. 63.)

20. Inferior Court authorized to borrow
money to pay indebtedness.
21. Special tax authorized to repay loan-

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An Act to authorize the Justices of the Inferior Court of Bartow County to settle or compromise the bonds of said County that are now due and u paid, and to issue new bonds for the same.

WHEREAS, The Justices of the Inferior Court of the County of

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