lished. Noticc and oath. Evidence-amendatory of laws in relation to. (No. 118.) An Act amendatory of the law relating to the establishment of lost papers. 2. SEC. I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, the owner or legal representative of any bond, bill, note, draft, check or other evidence Copy estab- of indebtedness, which has been lost or destroyed, may establish a copy thereof by giving personal notice at least ten days previous to the day appointed, which notice shall contain a copy of the paper to be established, which notice shall be served on the party against whom said indebtedness is sought to be established, and by making oath before some officer authorized to administer an oath, that he is the owner of such paper, and that the same has been lost or destroyed; a copy thus established, with said affidavit attached, may be used in any Court of this State, in lieu of the lost original. 3. SEC. II. That if any party who is liable for the payment of said lost paper, in whole or in part, or whose interests are affected When party by the establishment of said paper, shall make oath that the said paper never existed, or that the same has been paid off or discharged, the party seeking to establish the same in the summary manner herein provided, shall be remitted to the remedies heretofore provided by law. remitted to former reme dy. Approved 7th March, 1866. (No. 119.) Date of record. In force for An Act to define and provide for proving the time from which records shall be counted, in cases where the recording has been or may hereafter be delayed, from the want of books in the proper office. 4. SEC. I. The General Assembly of the State of Georgia do enact, That in all cases where the recording of any paper, which needs record under the laws of this State, has been or may hereafter be delayed, from want of record books in the proper office, and such recording is afterwards completed, it shall be counted and considered as having been done at the time when the paper was offered for that purpose; and an endorsement on the paper by the proper recording officer, of the time when it was so offered, shall be legal evidence of the fact. 5. SEC. II. This Act shall take effect from the time of its pas12 months sage, and shall be in force for twelve months and no longer. SEC. III. Repeals conflicting laws. Approved 12th March, 1866. PUBLIC LAWS-EVIDENCE-EXECUTORS, ADMINISTRATORS, &C. 83 (No. 120.) An Act to legalize and make valid certain acts of Notaries Public in this WHEREAS, Many Notaries Public of this State, since the expiration of the time for which they were appointed, have attested deeds and other instruments of writing, requiring official attestations; And whereas, many such deeds and instruments of writing have Preamble. been recorded in the various counties of this State, both the officer attesting such deeds and instruments of writing, and the recording officer, as well as the parties at interest, being ignorant of the law relative to the appointment of Notaries Public, and as the law now stands, such attested deeds and other instruments of writing lack validity; in remedy whereof, ries made va 6. SEC. I. The General Assembly of the State of Georgia do enact, That all deeds and instruments of writing so attested previous to Acts of notathe passage of this Act, be, and the same are hereby, declared le-a. gal and valid, as though they had been attested as is now the custom and usage by law in this State. SEC. II. This act shall go into operation immediately upon its approval by His Excellency, the Governor of this State, and all conflicting laws are hereby repealed. Approved 17th March, 1866. TITLE XX. EXECUTORS, ADMINISTRATORS, &c. Sec. 1. Temporary letters. Bond in double Sec. 7. Administrators who invested in State amount of personal property. 2. Orders to sell property. 3. Admrs. &c., retain for expenses of year. 4. No interest to be charged first year. missions. 6. Ordinary may direct division of lands. Proviso. 66 or Confederate securities. 8. Admrs. relieved when estate rendered "9. Acts and sales ratified. Proviso as to "10. Contracts of Admrs. &c., made valid. 12. Bonds of trustees to be made payable (No. 121.) An Act to authorize the Ordinaries of this State to issue temporary letters of administration, and to require the party to whom issued only to give bond and security for double the value of the property other than real estate, and for other purposes. 1. SEC. I. The General Assembly of the State of Georgia do enact, That after the passage of this Act, it may be lawful for the Ordi Defining Liabilities of, &c. letters. Temporary naries of this State to issue temporary letters of administration upon estates, upon the party or parties to whom such administration is granted, giving good and sufficient bond, with security, for double the amount of all the personal property belonging to such of personal estate, other than real estate. Bond for double amt. property.. Orders for sale. Preamble. may retain sufficient money to pay current expenses of year. No interest charged. be paid on balance. 2. SEC. II. That the Ordinaries may, when it is made to appear to be to the interest and advantage of estates, grant orders for the sale of such property by such administrators, under such rules as govern administrators, with permanent letters of administration.. SEC. III. Repeals conflicting laws. Approved 17th March, 1866. (No. 122.) An Act to define the liability of Executors, Administrators, Guardians and Trustees in certain cases, and regulate the settlement with the same. WHEREAS, Doubts exist as to the manner in which interest should be charged against Executors, Administrators, Guardians and Trustees in final settlement with said parties; therefore, 3. SEC. I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, it shall and may be Exent lawful for any Executor, Administrator, Guardian or Trustee, in: the management of an estate, to retain in his hands, at the begin-ning of each year, an amount of money sufficient to pay the current expenses of said year, upon which amount no interest shall becharged in final settlement. The said Executor, Administrator, Intereat shall Guardian or Trustee shall, however, pay interest upon all balan-ces left in hand at the beginning of each year, over and above the payment of expenses for said year, the same to be ascertained and computed in final settlement. And when it shall so happen that at the beginning of any year, an Executor, Administrator, Guar-dian or Trustee shall not have an amount in hand sufficient to pay the current expenses of said year, and his annual returns show that Allowed in fact, he shall be allowed to charge in final settlement, interest upon the amount thus advanced by him during the year; Provided, that nothing herein contained shall be so construed as to alter the manner of making out annual returns in this State, it being the intertion and meaning of this Act, that annual returns of Executors, Administrators, Guardians and Trustees shall be made out heretofore practiced in this State, and that the reservations, char-ges and computations of interest contemplated by this act shall be made when said parties come to make a statement for final settlement. terest on amt. advanced. Proviso. No interest shall be 1st year. as. 4. SEC. II. That no interest shall be charged either way for the charged for first year, as one year is now allowed by law, for the collection of assets, and to ascertain the indebtedness of an estate. The rate of interest charged against Executors, Administrators, Guardians and. Trustees shall be the same as that now regulated by law. Rate of interest. settle Executors, Administrators, &c. Making provision for division, in kind, and for relief of Administrators. 5. SEC. III. All statements for final settlement with Executors, mina, ette Administrators, Guardians and Trustees shall hereafter be made out made. upon the basis set forth in this Act. The expenditures and re- Expenditures ceipts of each year are to be ascertained by reference to the annual returns, and in all cases the Commissions annually shall be considered as a part of the annual expenses. SEC. IV. Repeals conflicting laws. how ascer tained. (No. 123.) An Act making provision for the division, in kind, of lands belonging to the estates of deceased persons, and lying in several counties, and to protect the rights of minors in the same. WHEREAS, There is no adequate provision by law, for a division, in kind, of the lands of estates of deceased persons which lie in several counties, and the interests of minor distributees in the same are liable to be impaired and sacrificed by a sale of the same during the prevalence of a depreciated currency, therefore, may direct lands. 6. SEC. I. The General Assembly do enact, That upon the application of the legal representative of any deceased person whose estate consists wholly, or in part, of lands lying in several counties of this State, to the Ordinary of the county, when said representative Ordinary makes his returns showing that said estate is in readiness for dis- division of tribution, and that the same cannot be made without prejudice or loss to the minor distributees thereof, except by the division of the lands of said estate in kind, it shall and may be lawful for the Ordinary of said county, in his discretion, to pass such order as to him shall seem most adequate to secure a just and equal division, in kind, of the lands of said estate among all parties in interest; Provided, That said representative shall give such notice of his application aforesaid, as is required by law in the case of a division of estates in kind. Approved 12th March, 1866. (No. 124.) An Act for the relief of Administrators, Executors, Guardians and Trustecs, and for other purposes. Proviso. tors. &c., who State or Con States bonds 7. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That all Administra Administrators, Executors, Guardians and Trustees. who, in pur-invested in suance of any order, judgment or decree, of any Court having ju-federate risdiction, or of any law of this State, did bona fide invest the funds relieved." of the estates they represent in the bonds, notes or certificates of the State of Georgia, or of the Confederate States of America, be, and they are hereby relieved from all the penalties of mismanagement, misappropriation or misapplication of the funds of the estates oath. Administrators, &c., relieved from liability. they represent, by reason of such investments. That all Administrators, Executors, Guardians and Trustees claiming the benefit of the provisions of this Act shall, before making their final settleShall make ment, make oath before the Ordinary of the county in which they have heretofore made their returns, showing what funds of the estates they represent they have so invested, and shall also swear that the notes, bonds or certificates so held by them are the same kind of currency which they received for the estates they so repre sent. SEC. II. Repeals conflicting laws. (No. 125.)* An Act for the relief of Administrators, Executors, Guardians and Trus- WHEREAS, Administrators, Executors, Guardians and Trustees, in the administration of estates supposed to be solvent, have, duPreamble. ring the late war, paid some creditors in full, or in part, supposing that the slave property in their possession would be ample for the payment of all debts due by the intestate; And Whereas, the emancipation of slaves has rendered many of such estates insolvent: Administra lieved from 8. SEc. I. Be it enacted, &c., That no Administrator, Executor, Guardian, or Trustee, shall be chargeable in his own person or property. tors, &c., re- by reason of having paid some creditors in full, or in part, when others are now excluded on account of the emancipation cf slaves rendered in having rendered said estate insolvent, but the said Administrator,. emancipation, Executor, Guardian or Trustee shall be exonerated from liability. to the extent of such negro property. liability when estate solvent by Acts and SEC. II. Repeals conflicting laws. Approved 12th March, 1866. (No: 126.) An Act to ratify certain acts of Executors, Administrators, Trustees,. 9. SECTION I. The General Assembly of the State of Georgia do ensales ratified. act, That all the acts and sales of Executors, Administrators, Trustees and Guardians, and of Judicial and Ministerial officers, had, done and performed and made bona fide in pursuance of, and under color of law, since the 19th day of January, A. D. 1861, or in pursuance of any judgment, decree, or order, of a Court of competent Subject to. jurisdiction of this State, be, and the same are hereby ratified and Right of ap confirmed; subject, however, to the right of appeal and supersedeas Proviso. according to law, Provided, that in cases in which judgments or de- peal. W |