vice by publication shall be as effectual in all cases as if the defendant or defendants had been personally served.

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by the authority aforesaid, That all laws and parts of laws militating against this act be and the same are hereby repealed.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, February 8, 1850.

AN ACT to amend an act entitled an act to alter and amend an act passed 22d of December, 1840, entitled an act to alter and amend the ninth section of the judiciary act of 1799, and the first section of an act relative to executions, passed December 14th, 1811, and to provide for the enforcement of judgments against land sold and bond for titles given, assented to December 29th, 1847.

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 when any judgment has been or shall be rendered in any of the Courts of this State, upon any note or other evidence of debt, given for the purchase of land, where titles have not been made, but bond for titles given, it shall and may be lawful for the executor or executors, administrator or administrators of the obligor in such bond to make and file and have recorded in the Clerk's office of the Superior Court of the county, a good and sufficient deed of conveyance to the defendant for said land, and thereupon the same may be levied on and sold under said judgment as in other cases: Provided, That said judgment shall take lien upon the land pri- . or to any other judgment or incumbrance against the defendant.

SECTION 2. And be it further enacted, That any laws milita ting against this act, be and the same are hereby repealed. Approved, February 11, 1850.

AN ACT to amend an act entitled an act "to amend an act entitled an act to revise and amend the judiciary system of this State," and also to amend an act entitled "an act to alter and amend the sixth section of the judiciary act of this State," passed in the year 1799, so far as relates to the notices provided for in said section, and to prescribe the mode of issuing scire facias therein provided for. 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 the provisions of the above mentioned acts in relation to producing books, writings, papers, &c., shall extend to causes in equity in the same manner in every respect as they now extend to and embrace any other causes: Provided, That nothing herein contained shall be construed to restrain the powers of courts of equity to effect the same object by other

means.

Approved, January 29, 1850.

AN ACT to amend and declare the intention of an act entitled an act to alter and amend the several judiciary acts now in force in this State, so far as relates to Justices' Courts, approved December 14th, 1811.

WHEREAS it is by the first section of said act provided that Justice of the Inferior Court, Clerk, Sheriff, or practising Attorney, being a Justice of the Peace, shall try any warrant and give judgment thereon; and whereas it has been supposed by some that the Clerk of the Court of Common Pleas and of Oyer and Terminer for the city of Savannah is included in the provision of said act; for remedy whereof

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 Clerk of the Court of Common Pleas and Oyer and Terminer for the city of Savannah be and he is hereby wholly exempted from the disabilities in the above recited provision of the said act contained.

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, February 23, 1850.

AN ACT to authorize the settlement of criminal prosecutions in certain cases, and to regulate more particularly the duties of the Attorney and Solicitors General, and fix their liabilities.

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 and may be lawful

in all criminal offences against the person or property of a citizen, not punishable by fine and imprisonment or by a more severe penalty, for the offender to settle the case with the prosecutor, upon the consent of the injured party being obtained, at any time before verdict.

SECTION 2. And be it further enacted, That upon such settlement made, no more cost shall be required than bas accrued up to the time of such settlement.

SECTION 3. And be it further enacted, That upon bill found by a grand jury, for any offence not embraced in the provisions of the first section of this act, the case shall not be settled without the consent of the prosecutor shown to the Court, nor without the consent of the Court by order entered on the minutes.

SECTION 4. And be it further enacted, That any Attorney or Solicitor General, who shall demand or receive any fee or cost on any criminal case which has not been tried by a petit jury, except such as are provided for in the first section of this act, shall be guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment, at the

discretion of the Court.

Approved, February 22, 1850.

AN ACT to curtail and simplify civil pleadings. SECTION 1. Be it enacted by the Senate and House of Repre sentatives 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 form of an action for words may be as follows, to wit:

GEORGIA,

County

}

To the Honorable

Court of said county.

The petition of A. B. showeth that C. D., of said county, has injured and damaged your petitioner in the sum of dollars, by falsely and maliciously saying of and concerning your petitioner, on the day of 18 the fol

lowing false and malicious words, to wit:

Wherefore your petitioner prays process may issue requiring the said C. D. to be and appear at the next

Court to be held in and for said county, then and there to answer your petitioner's complaint.

SECTION 2. And be it further enacted, That no plaintiff shall be nonsuited for want of form, who shall set forth his cause of action as plainly and distinctly as the charge of slander is set forth in the form of declaration by the first section of this act prescribed.

Approved, January 29, 1850.

AN ACT to regulate the taking of testimony by interrogatories for the Courts of this State, and to amend an act entitled an act to authorize parties to compel discoveries at common law, approved December 17th, 1847.

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 in the Superior and Inferior Courts of this State, where it may become necessary to take testimony by interrogatories as heretofore practised, commissions may issue in blank, in so far as relates to the names of the commissioners; but the names of witnesses intended to be examined shall be distinctly specified in the notice served upon the adverse party preparatory to issuing the commission.

SECTION 2. And be it further enacted, That when any person, either plaintiff or defendant, shall desire to file his, her or their written interrogatories, for the purpose of compelling the discovery contemplated by the act entitled an act to authorize parties to compel discoveries at common law, approved December 17th, 1847, he, she or they shall be authorized to do so either in term time or vacation of the said Superior or Inferior Court, and obtain an order from a Judge of said Court, requiring the adverse party to answer the same in writing, according to the provisions of the act of which this is amendatory.

Approved, February 23, 1850.

AN ACT to appoint a master in equity for the counties of Muscogee, Talbot and Stewart, and other purposes therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Judge of the Superior Courts of the counties of Muscogee, Talbot and Stewart, be and he is hereby authorized to appoint a master in equity for each of the said counties, who shall hold his appointment for one year, whose duty it shall be to examine all accounts and vouchers, receipts for money or other thing, and credit and report upon the same, relating to any suit pending in equity in said counties, which may be submitted to him under an order of said Court; and that said master in equity shall be allowed such compensation for his services as the Court and jury trying the particular case shall award, to be taxed in the bill of costs in said cause. SECTION 2. And be it further enacted, That before entering.

on the duties of his appointment, such master in equity shall take and subscribe, before the Judge of said Court, the following oath, to wit: I, A. B., do solemnly swear that I will faithfully and impartially discharge the duties of my appointment to the best of my skill and knowledge-So help me God.

SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 23, 1850.

AN ACT to alter, amend and explain the first section of an act passed for the relief of co-securities, assented to the 22d December, 1840, and to authorize Constables to levy certain executions.

WHEREAS great doubt exists whether a co-security who has been sued with other securities as such, as also, cosecurities, who have omitted to sign the original note or contract as security, and also neglected to make special defence at the trial of the same, showing him or themselves security on the original contract, and against whom executions have issued, and who have been compelled to pay off the same, can have control of the same for the purpose of reimbursing him or themselves out of the property of the co-securities :

SECTION 1. For remedy whereof, be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and immediately after the passage of this act, any security who may have been, or who may hereafter be sued as such, with other co-securities and against, whom execution may have been or may be issued, and who may have been or may hereafter be compelled to pay off the same, shall, after an entry made by the collecting officer, that the same has been well and truly paid by such security, have control of the execution or executions for the purpose of reimbursing him or themselves proportionably, out of the property of the co-security or securities.

SECTION 2. And be it further enacted by the authority aforesaid, That any security who may have been or may be sued together with other securities, and who have omitted or may omit to sign the original note or contract as security, and who when sued have neglected or may neglect to make special defence at the trial, showing himself or themselves security on the original contract, and against whom execution has issued or may issue, and who have been or may be com