gued

dockets.

Written Arguments. of said Court, according to the laws now in force for suing out Writs of Error, and Bills of Exception.

5. Sec. V. That when it is made to appear to said Court, at its first term next after the passage of this Act, that any case or cases have been sued out from any of the Circuits of this State, cat previous to the November term last past at Milledgeville, and the code since January of the year eighteen hundred and sixty-one, and which, from Providential, or other cause, have not been placed upon any of the dockets of said Court ; said cases shall be allowed to be entered on the docket for said June term, and not after.

6. Sec. VI. That, when any case which may have been docketed for the Milledgeville term of said Court, and the same dismissed for a failure of the Plaintiff in Error, or his attorney, to appear and

a prosecute the same, and the Plaintiff in Error, or his attorney, make oath that such failure to appear was owing, in good faith, to a belief that said.case, or cases, properly belonged to the dock-may be re-inets of the Court at other places, the times and places of which were fixed by the laws in force prior to the nineteenth of January, 1861, and if any gcod and sufficient cause be shown to the satisfaction of the Court, then the Court may order the Clerk to reinstate such case, or cases, so dismissed, and revoke the judgment of affirmance. No motion to reinstate for causes above stated, shall be made after the June term next of said Court.

7. SEC. VII. That in determining any question growing out of suing Writs of Error and Bills of Exception, previous to the said June Court antheon term next after the passage of this Act, the Court is authorized to rules ou cermake any rules which the principles of justice may require.

SEC. VIII. Repeals conflicting laws.
Approved 20th February, 1866.

What

stated.

ized make

tain questions.

(No. 86.)

An Act to allow Attorneys and Solicitors of this Statc to argue their

causes in the Supreme Court of Georgia by written argument, and for other purposes.

may argue in

8. Sec. I. Be it enacted by the General Assembly of the State of Georgia, That Attorneys, and Solicitors, who have, or may have, Attornet causes pending in the Supreme Court of this State, may argue the writing. same in writing, as hereinafter set forth.

9. Sec. II. That when any Attorney, or Solicitor, shall, from any cause, desire to make his argument in writing, he shall prepare Send written the same, and address the package containing it to the Clerk of the Clerk. Supreme Court of Georgia, which said written argument shall be filed in the Clerk's office of said Court, by or before the commencement of the term to which it is made returnable, and it shall be the duty of said Clerk, when the cause is sounded, to furnish Duty of olerk.

Or Court.

. Carrying cases from City Courts. the Court with said argument, wirich argument it shall be the duty of the Court to read, or cause the same to be done.

10. SEC. III. It shall be the duty of the Attorney, or Solictor for the Plaintiff in Error, when forwarding his argument in writing, to furnish a sum sufficient to pay the costs of said suit, and in default thereof his cause shall be liable to be dismissed.

SEC. IV. Repeals conflicting laws.
Approved 19th February, 1866.

Coets.

(No. 87.)

Courts.

An Act to carry into effect a portion of the third paragraph of the first

Section of the fourth Article of the Constitution of the State of
Georgia, and to provide the mode of carrying cases from the City
Courts of the Cities of Savannah and Augusta, and such other like
Courts as may hereafter be established, and for other purposes.

11. Sec. I. The General Assembly of the State of Georgia do enact, Mode of car- That the mode now prescribed by law for carrying cases from the from Superior Superior Courts to the Supreme Court, shall obtain in and apply to ply to city the City Courts of the Cities of Savannah and Augusta, and such

other like Courts as may be hereafter established, and the Judges, Judges,clerks Clerks, and Sheriffs, of such inferior Judicatories are hereby au

thorized and required to do and perform all the acts in relation to carrying cases from their respective Courts, which are now performed or required of like officers of the Superior Courts, where cases are carried from the Superior Courts.

12. SEC. II. Any change or modification of the mode of carryapply to city ing cases from the Superior Courts to the Supreme Court, which

may hereafter be made, shall app'y to and govern such inferior
Judicatories, mutatis mutandis, although they may rot be specially
named.

SEC. III. Repeals conflicting laws.
Approved 8th February, 1866.

and sheriffs of.

Changes

Courts.

Superior and Inferior--Special terms authorized.

.

the

II. SUPERIOR AND INFERIOR COURTS.

Soc. 13. Judges of Superior Courts authorized Sec. 22. Time of holding Superior Court of Lee
to hold special terins.

county.
14. When Court House has been destroy." 23, Time of holding Superior Court of
ed Judges unay designate place of

Muscogee county.
holding Court. Bartow county ex- 24 Time of holding Superior Court of
cepted.

Worth county.
15. Courts may fill vacancies of Trustees. “ 25. Time of holding Superior Court of
16. Drawing of Juries legal, if time to per-

Floyd, Polk, Paulding and Camp-
fect service.

bell. 17. Courts declared legal and valid.

26. Tiine of holding Superior Courts of 18. Drawing of Jury in Polk county legal

Western Judicial Circuit.

27. When this Act to take effect,
19. Ordinary of Bartow county may hold" 28. Time of holding Inferior Court of Lin-
Court at residence.

coln county.
20, Superior and Inferior Courts of Bar.“ 29. Returns, processes, &c. Parties and
tow county to be held at Carters-

Witnesses.
ville. Writs, &c. to conform to Act.
21. Suits, &c., in Houston Superior Court

made returnable to February Term,
1866. Writs, &c., declared valid.

ized.

(No. 88.)
An Act to authorize and empower the Judges of the Superior Courts of

this State to hold Special Terms for the trial of Criminals, and for
other purposes.

13. SECTION I. Be it enacted, That from and after the passage of
this Act the several Judges of the Superior Courts of this State be,

Special terras
and they are hereby authorized to hold Special Terms for the trial authorized,
of criminals in any County of their Circuits, at discretion, and to
compel the attendance of Grand and Petit Jurors either of a pre-
vious term or to draw new Jurors for the same, according to the
laws now in force.

SEC. II. Repeals conflicting laws.
Approved 5th February, 1866.

Jurori.

Preamblo.

(No. 89.)
An Act to authorize the Judges of the Superior Courts of this State to

designate the place of holding their Courts in those Counties in which
the Court Houses have been destroyed, until the rebuilding of the same.

WHEREAS, During the late war, the Court Houses of many of
the Counties of this State were destroyed, together with other pub-
lic buildings, thereby rendering it almost impossible for the Courts
to be held at the places appointed by law, for the want of accom-
modation, therefore,

14. Sec. I. Be it enacted, Sc., That from and after the passage of this
Act the Judges of the Superior Courts of this State are hereby au-When Sourt
thorized to designate the place of holding their Courts in those been destroy;
counties, of their respective Judicial Circuits, in which the Court Superior
Houses have been destroyed, until the same are rebuilt, Provided, mentenante
that nothing in this Act shall apply to the county of Bartow.

SEC. II. Repeals conflicting laws.
Approved 12th March 1866.

has

od of

Courts may designate holding. Bartow coulty exceptud.

Superior and Inferior-Certain sessions legalized.

(No. 90.)
An Act to enable the Judges of the Superior and Inferior Courts of this

State to fill vacancies by the appointment of Trustees, in certain cases.

Courts may

15. SECTION I. Be it enacted, fr., That whenever the office of Trustee, in any incorporated Company, shall become vacant, or may have become vacant, by death, resignation, or otherwise, and the same, for any cause, cannot be filled under the provisions of such Charter of incorporation, the Judge of the Superior or Infe

rior Courts of the Counties, or Judicial Districts, in which said inoli estetica corporation may be situated, shall have power to fill such vacancies

upon petition to said Judge, [of ] either of said Courts showing the
circumstances which render the appointment of a Trustee, or
Trustees, necessary and proper.

SEC. II. Repeals conflicting laws.
Approved 17th March, 1866.

of Trustees.

(No. 91.)
An Act to change the time when the Justices of the Inferior Court must

draw Juries for the Superior Courts, and to legalize the holding of
certain Superior Courts.

16. Section I. Be it enacted by the General Assembly, That here-
after when any Inferior Court shall, in accordance with the provis-

ions of the Code, draw Juries for the Superior Courts, said drawLegal, if time ing and Juries shall be legal, if done in time to perfect service on

said Jurors, and the requirements of the law are, in all other essen-
tial respects, complied with.

17. SEC. II. That any Superior Courts which may have been

held with Jurors drawn by the Inferior Courts in less time than Courts legal-sixty days, before the term of said Courts, are hereby, in all their

acts, declared legal and valid.

Approved 5th February, 1866.

Drawing

service,

ized

Preamble.

(No. 92.)
An Act to make valid certain acts of the Justices of the Inferior Court of

Polk County.

WEREAS, The presiding Judge of the Tallapoosa Circuit having failed to draw a jury for the regular February Term, 1866, of Polk Superior Court, and two Justices of the Inferior Court of said County having performed that duty, on the first day of January, 1866,

18. Sec. I. The General Assembly do hereby declare valid, and Durying of full legal effect the said action of the said Justices of the said

Inferior Court, as though the said drawing had been in all re-
spects accoding to the provisions of the Code.

Approved 5th March, 1966.

of

zed.

Superior and Inferior-Bartow county.

(No. 93.) An Act to authorize the Ordinary of Bartow county to hold the Court

of Ordinary for suid county at his own residence; and provide for holding the Superior and Inferior Courts, of said county, at the town of Cartersville, in said county, until a Court House shall be provided.

WHEREAS, The Court House and other buildings, both public and private, at the county site, in Bartow County, have all been Preamble. destroyed during the war, and that there is no house at the county site in which the Ordinary of said county can store the records, or the Court be held with comfort or convenience,

19. Section I. Be it therefore enacted by the General Assembly of this State, That the Ordinary of Bartow county be, and is hereby empowered to hold the Court of Ordinary for said county, and may hola transact all other business pertaining to the same, at his own resi- residence. dence, or other convenient place, in said county, until a Court House shall be provided in said county.

20. SEC. II. That the Superior and Inferior Courts of said county shall be held at the town of Cartersville, in said county, until Superior and the Justices of the Inferior Court shall have made proper and suit-barbie bildet able provisions for holding said Courts at the county seat; and all Writo, &e., to writs, processes, subpænas, and summons' issued by the Clerks of Coun forum to said Courts shall be ma le to conform to this Act.

Sec. III. Repeals conflicting laws.
Approved 15th December, 1865.

Cartersville.

this Act.

Preamble.

(No. 94.)
An Act to make all Suits, Writs, and Processes, which were returned to

Houston Superior Court as of October Term, 1865, returnable to the
February Term of said Superior Court to be held in the year, 1866.

WHEREAS, In consequence of the notice given by the Honorable C. B. Cole, Judge of the Superior Court of Macon Circuit, that the Superior Court of the county of Houston, would be held on the fourth Monday of October, 1865, a number of suits, writs, and other processes were returned to said October Term of said Court, And Whereas, the Convention of the State of Georgia has recognized as valıd the change made, since 1861, in the time of holding said Superior Court:

21. SEC. I. Be it therefore enacted by the General Assembly of the State of Georgia, That all the suits, writs, and processes made re-made returnturnable to said October Term of said Superior Court, of said coun- quarto Term, ty of Houston, shall be, and they are hereby made returnable to the February Term, 1866, of said county, the same being the next regular Term of said Court, and that said suits, writs, and processes, Declared valshall be held and taken as valid as if they had been originally made returnable to the said February Term, 1866, of said Court.

Sec. II. All conflicting laws are hereby repealed.
Approved 5th February, 1866.

Suits, &c.

able Feb

1866.