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Superior and Inferior-Time of holding changed.
An Act to change time of holding the Superior Court, of Lee county.
22.SEC. I. The General Assembly do enact, That the time of holding the Superior Court of Lee county, be held on the fourth Monday in Court of Lee June and January, of each, and every year.
SEC. II. Repeals conflicting laws.
Approved 17th March, 1866.
An Act to change the time of holding the terms of the Superior Court of
23. SEC. I. Be it enacted, &c., That from, and after the passage of this act, the Superior Court of Muscogee county, shall commence of Muscogee its session on the second Monday in May, instead of the fourth Monday in May; and the second Monday in November, instead of the fourth Monday in November, as now required by law. Approved 23rd February, 1866.
of Worth Co
An Act to change the terms of the Superior Courts of Worth county.
24. SEC. I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act the Superior Courts of Sapr. Court Worth county, be so changed as to be held on the third Monday of April and October, and that all laws and parts of laws militating against this Act, be, and the same are hereby repealed. Approved 28th February, 1866.
An Act to change the time of holding the Superior Courts in the counties of Floyd, Polk, Paulding and Campbell, of the Tallapoosa Circuit.
25. SEC. I. The General Assembly of the State of Georgia do enact, That from and after the first Monday in July next, the Superior Courts shall be held in, and for the county of Floyd, on the third Supr. Courts Mondays in January and July, and in the county of Polk, on the first Mondays in February and August, and in the county of PaulPaulding. ding on the second Mondays in February and August, and in the county of Campbell, on the third Mondays in February and August, in each and every year.
SEC. II. Repeals conflicting laws.
Approved 21st February, 1866.
Superior-Time of holding in Western Judicial Circuit changed.
An Act to change and define the times of holding the Superior Courts of the several Counties of the Western Judicial Circuit.
26. SEC. I. Be it enacted by the General Assembly of the State of Georgia, That the times of holding the Superior Courts of the several counties of the Western Judicial Circuit, shall be as follows, to-wit of the county of Clarke, on the first Monday in February, in Clark co. and second Monday in August; of the county of Walton, on the Walton, third Monday in February and August; of the county of Jackson, Jackson. on the fourth Monday in February and August; of the county of Gwinnett, on the first Monday in March, and second Monday in Gwinnett. September; of the county of Hall, on the third Monday in March Hall. and September; of the county of Banks, on the firs: Monday in Banks. April and October; of the county of Franklin, on the second Mon- Franklin. day in April and October; of the county of Habersham, on the Habersham. third Monday in April and October; of the county of Rabun, on Rabun. the fourth Monday in April and October; of the county of White, on the Monday after the fourth Monday in April and October,
When Act to
27. SEC. II. That this Act shall take effect and be of force, on, take effect. and after the first day of August next.
SEC. III. Repeals conflicting laws.
An Act to change the time of holding the Inferior Courts, of the coun'y of
28. SEC. I. The General Assembly do enact, That from, and after the passage of this Act, the time of holding the Inferior Court of, the county of Lincoln, shall be changed, from the first Monday in held when. February and July, to the fourth Mondays in January and July. 29. SEC. II. That all returns, declarations, processes, and other Returns, proproceedings, which have been returned or issued, returnable to said county, on the said first Mondays in February and July, be, and the same are hereby declared to be legal and valid, and are made returnable according to the time fixed by this act; and that all suitors, witnesses, and parties interested in the proceedings of said Court, shall be bound to appear at said terms of fourth Mon- Parties and days in January and July, and on failure, shall be subject to the same liabilities and penalties, as though they had failed to appear at the terms of first Mondays in February and July, before the passage of this aet.
Approved 9th March, 1866.
III. COUNTY COURT.
Section 30. County Court to be organized in Section 52. Amendments and defences.
31. Time of electing Judges. Vacan
cies. Commission and oath of
53. Suits, service and proceedings.Summons in civil cases.
54. Attachments, claims, garnishments &c.
56. Trials, when.
61. Claims to personal property.
62. Proceedings in attachment.
33. Qualifications for office of Judge.
57. Witnesses and testimony.
35. Duty as to fines and forfeitures.]
58. Verdicts and judgments.
59. Sales, under execution.
63. Criminal jurisdiction-extent of.
67. Counsel for accused---subpoenas for
68. May use County jail.
69. Certioraris---duty of Solicitor General of Circuit.
70. County Solicitor--election of, &c., vacancies, &c.
71. Judge's costs--in criminal casesother cases, when no fees prescribed by law.
72. Fees of County Solicitor.
73. Cases between master and servant, when judgment to operate as garnishment.
74. Qualifications for County Judge in Muscogee. If fees not sufficient compensation.
75. Suits on dockets of Inferior Courts to be transferred to County Courts.
An Act to organize a County Court, define its jurisdiction, and for other purposes.
30. SEC. I. The General Assembly of the State of Georgia do enact, That a Court shall be organized in each County in this State, to County Court be called the County Court, the Judge of which shall be entitled the County Judge.
31. SEC. II. That the County Judge shall be elected on the first Wednesday in May, 1866, on the first Wednesday in January, 1870, ing Judges, and every fourth year thereafter, and shall in all cases hold his
Time of elect
office until his successor is elected and qualified. Any vacancy in Vacancies. the office shall be filled as in the case of the Clerk of the Super
ior Court, (as provided in the Sections 251 and 252 of the Code,) Commission upon fifteen days notice. This officer shall be commissioned by and oath. the Governor, and take the oath of office prescribed for Judges of the Superior Court, and no other oath.
32. SEC. III. That the Judge shall receive no salary from the State, but shall receive compensation for his services in the way tion of fees hereinafter named, which shall be taxed in his bill of costs. 33. SEC. IV. That no disqualification for holding the office of for office of County Judge shall arise from being Clerk of the Inferior Court, Judge. or from holding any other office, not involving duties incompatible with the duties of the County Judge. He may, if an attorney at law, practice in cases never connected with his own Court, but these qualifications shall apply to such Counties as are not specially ex-cepted cepted in this Act, and in the Counties so excepted the Judge shall have the qualifications hereinafter set forth in Section 45.
34. SEC. V. That the County Judge may issue bail process in civil cases, admit to bail in criminal cases, issue attachments, fore- Powers, &c., close mortgages on personal property, issue warrants of distress for rent, possessory warrants, writs of Habeas Corpus, and other writs or warrants not within the exclusive jurisdiction of some other Court or officer. He may attest contracts or deeds for registry, administer oaths, and exercise all the powers of a Justice of the Peace in matters civil and criminal, issue warrants requiring offenders to be brought before him, or some other Judge, or some Justice, and sit singly or in conjunction with others, as by law required, on a Court of Inquiry. The foregoing enumeration is not exhaustive, but the County Judge may in general exercise all such powers as are granted to him by law, or essential to the functions granted.
35. SEC. VI. That the County Judge shall, by himself or Clerk, Fines and for keep a strict account of all fines, and forfeitures, and other moneys, feitures. which come to his hands, as County Judge, or to his Clerk, in his official character, and shall pay over the same to the County Treasurer, and report such receipts and payments to the Grand Jury of the County, at each session of the Superior Court. He shall keep an index of all Court contracts filed in his office, and a list of all Index of certificates and discharges granted by him according to law, which tracts, &c. index and list shall be open for public inspection. It shall be his duty to provide a seal for the County Court, to be used when seal ofCourt. necessary, by himself or the Clerk; and until such seal is provided, the private seal of either may be used.
36. SEC. VIL. That the Clerk of the County Court may be, either the County Judge himself, or any person appointed by the and removal Judge, removable at his pleasure, to be paid by him, and for whose good conduct he is responsible. It shall be the duty of the Judge to have a Clerk in office in case of his own sickness or abThe appointment and removal of the Clerk shall be entered on the minutes; he shall be sworn to the faithful and impartial discharge of his duties, and shall be competent to discharge all of the duties of the Judge not judicial in their character.
37. SEC. VIII. That the Clerk, or the Judge acting as such, Minutes, &c., shall keep the minutes of the Court, record its proceedings, issue its orders and processes, and keep proper dockets, to-wit: One subpoena, and oce execution docket, for all the sessions of said Court. For the monthly and special sessions, one docket of civil cases generally, and also one for criminal cases. For the semi-annual sessions, one common law docket, one docket for claims, motions, illegality, and other like proceedings, and any other docket for either session, which the Judge may direct.
Concurrent in what cases.
and special sessions.
38. SEC. IX. That the County Court shall have concurrent jurisdiction in all civil cases, and criminal cases, in which exclusive jurisdiction is not, by law, vested in some other Court, and such jurisdiction shall be exercised as hereinafter provided for.
39. SEC. X. That the County Court shall hold semi-annual sessions in the several Counties of this State, on the same days as the Inferior Courts are now held; also, monthly sessions on the second Monday in every month, and special terms, in the discretion of the Judge.
40. SEC. XI. That the County Court, at its monthly and special Jurisdiction sessions, shall have jurisdiction, without limit as to amount, in all cases arising out of the relation of master and servant, whether suits for wages, applications to enforce performance, or for other purposes; also, applications for the eviction of trespassers, intruders, and tenants holding over; for the partition of personal property; for the trial of possessory warrants, or proceedings under distress warrants, Habeas Corpus cases, and all other civil cases in which not more than one hundred dollars is claimed as damages, or principal sum due.
41. SEC. XII. That the County Court, at its semi-annual sesAt semi-an- sions, shall have concurrent jurisdiction with other Courts of law, in all civil cases of which exclusive jurisdiction is not vested in some other Court, including jurisdiction in legitimatising persons, and changing names. The Court shall exercise its jurisdiction under the rules of the Superior Court, unless specially excepted. Appeals as now taken from the Inferior, may be taken to the Superior Court.
In case of vacancy, &c.
42. SEC. XIII. That the County Court shall be held at the Court House of the County, and the Judge shall have his office at the same place, and the rules of practice of the Superior Court shall apply unless specially excepted.
43. SEC. XIV. That, in case of a vacancy, or that the Judge cannot preside from sickness, absence, disability, or from any other cause, either of the Justices of the Inferior Court may preside, until such vacancy is filled, or such disability is removed.
44. SEC. XV. That the Sheriff and his deputies, when required deputies to by the County Judge, or Clerk, shall execute any writ, process, or quired. order of the County Court or Judge, as if from the Superior Court,
act when re