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Courts of Ordinary-Acts changing time of holding, &c.

IV. COURTS OF ORDINARY.

Sec. 76. Courts of Ordinary op 1st Monday in Sec. 78. In Tattnall county on 1st Monday in
January, instead of 2nd.

October instead of 2nd.
77. Changed from 2nd to 1st Monday in

January

(No. 103.)

Preamble.

An Act to change the time of holding the Courts of Ordinary in the

month of January in this State.

WHEREAS, The Courts of Ordinary of the several counties have heretofore been, and still are, held on the second instead of the first Monday in January, for the reason that heretefore the general election for county officers was held on the first Monday in January ; And whereas, said election day has been changed from said first Monday to the first Wednesday in January.

76. Sec. I. Be it therefore enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Courts of Ordinary of the several counties of this State be held on the first Monday in January instead of the second Monday, any law, usage or custom to the contrary notwithstanding.

SEC. II. Repeals conflicting laws.
Approved 16th February, 1866.

Court of Or. dinary to be held on 1st Monday in January.

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(No. 104.)

An Act to change and fix the time of holding the January Term of the

Courts of Ordinary in this State from the second Monday ın said month, as now fixed by law, to the first Monday in January in cach and every year.

77. SEC. I. Be it enacted by the General Assembly of the State of Georgia, That from and immediately after the

the passage of this Act, the time of holding the January term of the Court of Ordinary in

and for the several counties of this State, shall be on the first MonCourt of Or- day in January in each and every year, instead of the second Monday, denarnya berber as now authorized by law, and that this Act shall be of force from Monday in and immediately after its passage.

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

to

.

(No. 105.)

An Act [to repeal an Act] to change the time of holding the Court of Ordi

nary of Tattnull county, assented to December 21st, 1857. 78. Sec. I. The General Assembly of the State of Georgia do enact, That the Act passed and assented to on the twenty-first day of

Court of Or

City Court of Augusta and Savannah, December, eighteen hundred an.I fifty-seven, requiring the Court of Ordinary of Tattnall county to be held on the second. Monday dinary first in October, instead of the first Monday, as provided by law, be October. and the same is bereby repealed.

SEC. II. Repeals conflicting laws.
Approved 1st February, 1866.

Monday in

V. CITY COURTS.

Sec. 79. Civil jurisdiction of City Court of Au-Sec. 81. Judge may attest deeds, &c. admin-
gusta reduced to $1000. Suits com

ister affidavits, &c.
menced allowed to proceed.
80. If Judge of City Court of Savannah

disqualified, attorney may be select-
ed to preside.

(No. 106.)

An Act to amend an Act assented to March 9th, 1865, entitled an Act to

extend the civil jurisdiction of the City Court of Augusta, to abolish the tax or Court fee, and to make the fees of the officers of that Court the same as in the Superior Courts of this State.

79. Sec. I. The General Assembly of the State of Georgia do enact, That from and after passage of this Act, the before recited Act be so amended as to reduce the civil jurisdiction of the City Court tion reduced of Augusta to one thousand dollars, exclusive of interest; Provi- Salts comded, however, that all suits already commenced, under existing lowed to prolaws, shall be allowed to proceed to final judgment.

Approved 6th February, 1866.

Civil jurisdie

to $ 1000

menced al

ceed.

qualified, parlect Attorney

(No. 107.) An Act to give certain powers to the Judge of the City Court of Saran

nah, and to prescribe certain practices in said Court, and for other purposes.

80. Sec. I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, whenever in any case now pending, or hereafter brought, in the City Court of Savannah, the Judge of said Court shall, from any cause, be disqualified Judge disfrom presiding, the parties litigant, or the respective counsels, may ies may.me select any attorney, practicing in said Court, to preside in such to preside. case, and the Judge shall have such consent entered on the Minutes, and the attorney so selected shall exercise all the functions of Judge in such case.

81. Sec. II. The Judge of the City Court of Savannah shall have power to attest deeds and other papers, and administer affi-detest deeds, davits in all cases in which, by existing laws, such papers may be attested, and affidavits administered by the Justices of the Peace of the county of Chatham.

SEC. III. Repeals conflicting laws.
Approved 28th February, 1866.

Judge'may

&c.

• Court Contracts—When binding, &c.

TITLE XIII.

COURT CONTRACTS.

(No. 105.)
Sec, 1. Court Contract when binding. Pro-Sec. 3. Fraud.
viso.

4. Remedy cumulative.
2, May be filed. Force aud effect of.

Proviso. Performance enforced
Damages. Rescission, Other ac-
tion of Court. Construction of
contract.

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Contract wheu bind. ing.

An Act to define and regulate Court Contracts and prescribe the manner

of enforcing the same in the County Courts.

1. SEC. I. The General Assembly of the State of Georgia do enact, That no Court Contract, hereafter executed in this State, shall bind any party, who signs the same, by making his mark, unless said writing, in the attestation clause or elsewhere, specify that it was read over in the hearing of such party; Provided however, that this section shall not apply where it is made plainly to appear, by direct and positive evidence, that the party could easily read ordinary writing for himself, or that the instrument in question, was, in fact, fully, and correctly read to him, at the time of its execution.

Proviso.

COURT CONTRACTS.

ments may be

ty Court:

Foree and effect,

Proviso.

2. SEC. II. That any written agreement for a term of service What merene not exceeding one year, or for the lease, rent or occupation, of lands tiled in Conu-or tenements, not exceeding a like term, may, at the option of the

parties, be filed in the office of the County Court, the parties, or either of them, retaining a duplicate, if they so desire. An agreement thus filed, shall be known as a Court Contract, and shall have the force and effect of a judgment or decree, for the specific performance of its terms, both as to the express stipulations, and the plain duties and obligations resulting therefrom, by implication of law, provided, that all issues of fact arising under a Court contract, by the provisions of this Act, shall be tried by a jury, where either party demands it. Performance of these stipulations, duties and obligations, may, from day to day, and from time to time, be enforced by the County Court, by orders entered on the minutes for that purpose ; which orders may be carried into 'effect by attachment for contempt, or any other writ, execution, or process, known to the law, and used in any Court, for affording redress to parties, or for maintaining its own authority, and dignity. Damages for a breach of such contract, may be awarded by similar orders, and payment thereof enforced by like means, and at the election of the party aggrieved, the contract may be declared rescinded, and such

Performance enforccd.

Damages.

Court Contracts--Fraud: remedy cumulative,

of

time. •

party restored to his original situation as nearly as possible. Any Rescission. other order requisite to the attainment of substantial justice, in the particular case, may also be passed and enforced ; the Court al- Other action ways keeping in view, as cardinal points, that each party is to be compelled to perform his contract, or to forfeit, for any material default, the whole, or a part of its benefits, and in addition thereto, to make full and fair compensation, to the opposite party, for any damage occasioned by a breach thereof. In construing the con-Construing tract, time is to be regarded as of the essence of the same ; unless rendered impossible by the act of God, or the act of law, whatever is stipulated to be done by either party, must be done at the very time or times specified. At the expiration of the term fixed by the contract, the relation established thereby, shall cease, without notice to or from either party. The power of the County Limit as to Court, by appropriate orders, to compel payments, or to award, and collect damages, or to place the parties in their former situation, shall nevertheless continue subject only to the condition that any order for one or more of these purposes, shall be applied for, within two months after the expiration of the time limited in the contract, for its fuil and final performance. Breaches not thus proceeded for, may be the subject of regular suit or action at any time, within the statutory period applicable to similar actions on other contracts.

3. Sec. III. That a Court contract may be set aside in the County Fraad. Court for fraud, by a direot proceeding for that purpose, or it may be collaterally impeached for fraud, either in that Court, or in any other.

4. SEC. IV. That the remedy in the County Court, on Court con- Remedy tracts, is not exclusive, but cumulative only.

Approved 17th March, 1866.

cumulative.

TITLE XIV,

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DEAT AND DUMB. Sec. I. Repealing Act repealed.

(No. 109.) An Act to repeal a repealing Act, entitled " An Act, to repeal an Act, and the Acts of which it is amendatory, entitled "an Act to provide for the indigent Deaf and Dumb citizens of this State'; and also, to provide for the appointment of a Commissioner, to regulate his duties, afix his salary, and appropriate money therefor, by increasing annual appropriation, and for other purposes, approved January 13th, 1852”, ussented to December 15th, 1862

1. Sec. I. The General Assembly of the State of Georgia do enact, That the repealing Act, of which the above is the caption thereto,

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Dfstillation-Act prohibiting, repealed.

Lepealing

assented to the 15th of December, eighteen hundred and sixtynet repealed. two, be, and the same is hereby repealed.

Approved 17th March, 1866.

TITLE XV.

DISTILLATION

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Sec. I. Acts prohibiting distillation repealed.

(No. 110.) An Act to repeal all laws heretofore passed, by the General Assembly of

the State of Georgia, prohibiting the distillation of corn, wheat, potatoes, rye, peas, Jr., into spirituous liquors.

1. Sec. I. Be it enacted by the General Assembly of the State of

Georgia, That all Acts, and parts of Acts, heretofore passed by the le to repeal. General Assembly of the State of Georgia, prohibiting the distilla

tion of corn, wheat, potatoes, and all other kind of grain, or mate-
rial, out of which spirituous liquors are made, be, and the same
are hereby repealed.

SEC. II. Repeals conflicting laws.
Approved 6th March, 1866.

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TITLE XVI,

DOGS.

Sec. I. Owner or possessor of Dog killing or injuring stock, liable for damages.

(No. 111.) An Act to make the owners and possessors of mischievous Dogs, or persons

having charge of the same, liable for damages, and for other purposes.

Owner or possessor of

liable for damages.

1. Sec. I. Beit enacted, &c., That if any Dog, not being at the time, on the premises of the owner, possessor, or person having charge

thereof, shall kill or injure any hogs, cattle, sheep, goats, or other og killing or live stock, the property of any other person, then and in such case,

the owner, or person possessing, or having such Dog in charge,
shall be liable to be sued in any Court having jurisdiction thereof,
for such damages as may have been sustained, by the killing or
maiming of any hogs, cattle, sheep, goats, or other live stock, so
killed or injured, and full costs of suit.

SEC. II. Repeals conflicting laws.
Approved 15th February, 1866.

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