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

IV. COURTS OF ORDINARY.

Sec. 76. Courts of Ordinary on 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 Court of Or-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.

dinary to be held on 1st Monday in January.

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SEC. II. Repeals conflicting laws.

Approved 16th February, 1866.

(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 in said month, as now fixed by law, to the first Monday in January in each and every

year.

77. SEC. I. Be it enacted by the General Assembly of the State of Georgia, That from and immediately after 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 Monday in January in each and every year, instead of the second Monday, as now authorized by law, and that this Act shall be of force from and immediately after its passage.

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

(No. 105.)

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

City Court of Augusta and Savannah.

Court of Or

Monday in

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 hereby repealed.

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

V. CITY COURTS.

Sec. 79. Civil jurisdiction of City Court of Au-Sec. 81. Judge may attest deeds, &c.. admin

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gusta reduced to $1000. Suits com-
menced allowed to proceed.

80. If Judge of City Court of Savannah
disqualified, attorney may be select-
ed to preside.

(No. 106.)

ister affidavits, &c.

An Act to mend 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.

$1000.

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 Civil jurisdie 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-Suits comded, however, that all suits already commenced, under existing lowed to prolaws, shall be allowed to proceed to final judgment. Approved 6th February, 1866.

(No. 107.)

An Act to give certain powers to the Judge of the City Court of Savannah, and to prescribe certain practices in said Court, and for other pur

poses.

menced al

ceed.

qualified, par

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 ties may se select an 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.

lect Attorney

attest deeds,

81. SEC. II. The Judge of the City Court of Savannah shall Judge may have power to attest deeds and other papers, and administer affi- &c. 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.

⚫ Court Contracts-When binding, &c.

TITLE XIII.

COURT CONTRACTS.

(No. 108.)

Contract

ing.

Proviso.

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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 wheu 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.

COURT CONTRACTS.

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

ments may be

ty Court:

Force and effect.

Proviso.

Performance enforced.

Damages.

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

Court Contracts-Fraud: remedy cumulative.

of Court.

contract.

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 full 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.

time.

3. SEC. III. That a Court contract may be set aside in the County Fraud. Court for fraud, by a direct proceeding for that purpose, or it may be collaterally impeached for fraud, either in that Court, or in any

other.

cumulative..

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.

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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, affix his salary, and appropriate money therefor, by increasing annual appropriation, and for other purposes, approved January 13th, 1852", assented 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,

Dfstillation-Act prohibiting, repealed.

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

tepealing

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, &c., 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 ets repeal General Assembly of the State of Georgia, prohibiting the distillation of corn, wheat, potatoes, and all other kind of grain, or material, out of which spirituous liquors are made, be, and the same are hereby repealed.

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

TITLE XVI.

3wner or

possessor of

njuring stock liable for

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.

1. SEC. I. Be it 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.

damages.

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

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