Sidebilder
PDF
ePub

resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the Judge of the Superior Courts of the Coweta circuit, from and after the passage of this act, to hold the Superior Court in the county of DeKalb, two weeks at each term thereof, unless the business in said Court is gone through in a shorter time.

SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of said Court at each term hereafter, to draw two panels of Grand and Petit Jurors, one for the first week, and one for the second week, and cause them to be summoned as such.

SECTION 3. And be it further enacted by the authority aforesaid, That it shall be the duty of the Justices of the Inferior Court of DeKalb county, or a majority of them, together with the Clerk of the Superior Court and Sheriff of said county, on the first Tuesday in January next, to draw a panel of Grand and Petit Jurors for the second week of the next term of the Superior Court for the county of DeKalb, and it shall be the duty of the Sheriff of said county to summon said Jurors for the second week of said Court.

SECTION 4. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, December 19, 1850.

AN ACT to alter and amend the several acts of the State providing for the organization of Land Courts, so far as relates to the county of Emanuel.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful for the Justices of the Peace in each district to hold a Land Court in and for their several districts, which Courts shall be held upon the regular Court days of the respective districts, and they are hereby empowered to issue land warrants for head rights upon application for any ungranted lands in their respective districts, according to the laws now in force relative to the issuing of head rights, and that said Justices shall, in their own districts, have and exercise all the powers, and perform all the duties heretofore had and performed by Land Courts.

SECTION 2. And be it further enacted, That the said Justices in their respective districts, shall be required to keep a book of record of all head rights to land issued by them.

SECTION 3. And be it further enacted, That the compensation hitherto allowed to the Clerk of the Land Court for each head right, be allowed the Justices of the Peace holding their Courts according to the provisions of this act. Approved, February 11, 1850.

AN ACT to authorize certain deeds to be read in evidence and to make legal the registry of the same.

SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, any deed, bill of sale, or any other conveyance of real or personal property, heretofore or hereafter made, executed according to the laws of this State, and the execution thereof has been or hereafter may be proved upon the oath of one of the subscribing witnesses before the Clerk of the Superior Court of any county in this State, or by him and another witness, attested heretofore or hereafter recorded, may be read in evidence in any Court of this State, without further proof of execution, and that such recording of the same shall be legal to all intents and purposes.

Approved, January 16, 1850.

AN ACT to regulate the admission of deeds in evidence in certain cases therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly_met, and it is hereby enacted by the authority of the same, That any deed or conveyance heretofore made of lands in this State, or which shall hereafter be made, purporting to be duly proven, and which has been or may hereafter be recorded within twelve months from its date, or within the time prescribed by law, without having the probate recorded, may at any time hereafter be again recorded with such probate in the county where the land conveyed may lie, or in the county where the deed may have been or may hereafter be first recorded; and when so again recorded with the probate shall be admitted in evidence, and have the same lien and validity without further proof, as if the probate had been recorded with the first record of said deed.

SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be and the same are hereby repealed.

Approved, January 17, 1850.

AN ACT to extend the provisions of an act passed on the 31st December, 1838, entitled an act to admit deeds, mortgages, and bills of sale to be proven and recorded, and to admit them or their copies in evidence in the courts of law and equity in this State, and to authorize the proof, recording and reading in evidence of certain other instru

ments.

Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the proviso contained in the first section of said act be and the same is hereby repealed, and that said act (other than said proviso) be and the same is hereby extended to all cases in which deeds, mortgages and bills of sale have been heretofore or may be hereafter executed, proved or recorded, as is authorized by said act.

And be it further enacted, That when a deed of conveyance or bill of sale has been or may be executed in another State, the same may be proved by the affidavit of a subscribing witness, as in other cases, before a judicial officer of this State, and shall be recorded and read in evidence without further proof.

Approved, January 16, 1850.

AN ACT to prevent the killing of deer at certain periods in the county of Richmond.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That if any person or persons shall, within the limits of the county of Richmond, by the use of fire-arms or other weapon, kill any doe, buck or fawn, or any sort of deer whatsoever, except only between the last day of August and the first day of April of each and every year, he, she or they so offending shall forfeit and pay the sum of twenty dollars for each and every such offence, to be sued for and recovered with cost of suit in an action of debt by any person before any Justice of the Peace of the district in which the offender may reside, or by indictment in the Superior Court of Richmond county; one-half of the money shall be for the benefit of the person prosecuting the same, and the remainder paid over to the Justices of the Inferior Court, to be added to the Poor School Fund of said county: Provided, That nothing in this act shall be so construed as to restrain personsfrom killing deer within their own enclosures.

Approved, January 18, 1850.

AN ACT amendatory of an act assented to on the 17th December, 1847, entitled an act to authorize parties to compel discoveries at common law.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, whenever any party plaintiff or defendant in any action at common law pending in any Superior or Inferior Court of this State, shall wish to avail himself or herself of the provisions of the act assented to on the 17th December, 1847, entitled "An act to authorize parties to compel discoveries at common law," it shall and may be lawful for such party to make out and present his or her interrogatories to the Court. in which such action is or may be pending to the Judge of the Superior Court or a Justice of the Inferior Court in vacation, and when such interrogatories are presented in vacation, and are allowed by such Judge or Justice, the said Judge or Justice shall make and grant an order requiring the adverse party to answer the same in writing in solemn form on oath or affirmation, which order, together with said interrogatories shall be returned to the Clerk of the Court in which such action is pending, and shall be filed in his office, and the said order shall be as good and effectual to compel the discovery sought for as if the same had been granted in Court any law, usage or custom to the contrary notwithstanding.

SECTION 2. And be it further enacted, That when the plaintiff in any cause shall reside out of the county in which the action may be pending, a service of a copy of said interrogatories and order upon the attorney of the plaintiff shall be sufficient service on such plaintiff.

SECTION 3. And be it further enacted, That the provisions of the act amended by this act and of this act shall be applicable to the Court of Common Pleas of the city of Augusta and to the Court of Common Pleas and Oyer and Terminer of the city of Savannah.

SECTION 4. And be it further enacted, That where it shall be made to appear to the Court that the time allowed for the answer to the interrogatories to come in shall from any cause not be sufficient, the Court may allow such further time as the circumstances of the case may require.

Approved, February 23, 1850.

AN ACT in relation to Divorces.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from

and after the passage of this act, the following shall be the grounds or legal principles upon which divorces from the bonds of matrimony shall be granted, to wit:

1stly. Intermarriage by persons within the levitical degrees of consanguinity or affinity.

2ndly. Mental incapacity at the time of marriage. 3rdly. Impotency at the time of marriage.

4thly. Force, menaces or duress in obtaining the marriage.

5thly. Pregnancy of the wife at the time of marriage without the knowledge of the husband.

6thly. Adultery in either of the parties after the marriage. 7thly. Wilful and continued desertion by either party for the term of three years.

8thly. The conviction of either party of an offence involving moral turpitude, and under which he or she is sentenced to imprisonment in the Penitentiary for the term of two years or longer.

SECTION 2. And be it further enacted, That in case of cruel treatment on the part of one toward the other of the parties, or of habitual intoxication, the jury may, according to the circumstances of such case, determine whether the divorce shall be from the bonds of matrimony or from bed and board.

SECTION 3. And be it further enacted, That if the adultery, or desertion, or treatment, or intoxication complained of, shall have been occasioned by the collusion of the parties, and done with an intention of causing a divorce, or if the party complaining was consenting thereto, or if both parties have been guilty of like conduct, then no divorce shall be granted.

SECTION 4. And be it further enacted, That all other grounds than those stated in the first and second sections of this act shall only be causes for divorce from bed and board.

SECTION 5. And be it further enacted, That all laws now of force in relation to divorces and the form of proceedings necessary to obtain them, that are not inconsistent with this act, be and the same are continued in full force. Approved, February 22, 1850.

AN ACT in relation to the assignment of Dower.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That in all cases where commissioners are appointed to assign dower to any widow, and there shall be two or more tracts of land of her deceased husband in the county, they shall be

« ForrigeFortsett »