Newspaper Page Text
VOLUME XLVII.
MILLEDGETILLE, GEORGIA, TUESDAY, MARCH 27, 1866.
HUMBER 13.
B
. M. O R M E & SON
editors axd proprietors.
COUNTY COURTS.
the Com<fy Coart at its semi annual ses-
eior.s, shall Lave concurrent jurisdiction,
j with other Courts- of law, in all civil cases,
„ n. n ... .j j £ ! wuu inner v^ouris or law. in an cirri caseo
Terms—§3 00 jw-r annum, in Advance. | \ ‘ ^ ’ r f int i of which exclusive wmsriicnou is not vest
$1 00
Tit AN STENT A V VEETISIN O.
Per square often lines, eachinscriion,
LEGAL A O VERTTSII?G .
Ordinary's —Citations fur Letters of Ad-
m ltistration, by Administrators, Executors,
gturdi&ns, ic., 3
Application for Letters of Dismission from
Ad ministration : 4
Application For Letters of Dismission from
Guardianship
Application for leave to sell Land
Notice to Debtors and Creditors
Sales of personal or perishable property,
ftrijmrre of Unli.ics
Sales of Land, per square of ten lines
SkeriJFs-—Each levy of ten tines, or less,
Jlortcage sales of ten linns, or less
All advertisements °f sa * eEi by Sheriffs
fx~eeditr£ ten lines, will be charged in pro
portion.
Tax Collector’s sales, per square
Clerk's.— Foreclosure of mortgage and
other m>r.tiUy advertisements, $ ; I 0(j per
nqaare of ieu dues lor each insertion,
pora man rOvertisiug his u.ifs,i.t advance, 20 00 j
T' -huies or Respect, by eo-
eisdes, Dbitn&ries, ik-c., exceeding six lines,
to be charged as transient advertising.
5lies of Laud, by Administrators, Ex-1
oenVors or Guardians, are required by law to j
M keid on the first Tuesday iu the month, be- j
t*8sn the hours of ttn iu the forenoon anti three I
ia Ac afternoon, at the Court-house in the county j
Inwkich the property is situated.
Not-iee of these sales must be given in a public j
oazfltte days previous to the day of sale.
Jfoitw* for the -sale of personal property must
bo jivera i ft like manner 11) days previous to sale
us jurisdiction, ana. for other purpose*, j e d in some other Court., including jnrisdic
Sec. ]. The General Assembly of the ' non inlegitimatising persons, and chang-
j State tf Georgia do enact, That a Court i ing wamufl. The Court shail exercise its
; fliftl! bo organized in each County ia this j jurisdietfou under tha rules of the Superi-
i State, to be called the County Court, the i nr Court, unless specially excepted. Ap-
go Judge of which shill be entitled tfco Couh- j ^>eals as now taken from the Inferior Court,
| !y Judge. I may be taken to the Superior Court. A
5 0 j Sec. 2. Be it further enacted, That the I Sec. 13. Ee it farther enacted, That
I County Judge shall be elected on the 1st j the - County Court shall be hold at the
3 00 | Wednesday in May, 1866, on the 1st | Court Houso of the county, and the Judge
5 00 ( WeUuesday in January, 1S70, .and every [ shall have his office at the same place, and
3 00 j fourth year thereafter, and shall in all ca-1 the rules of practice of the Superior
j seshoid his office until bis successor is elect- j Court, shall apply, unless specially 1 ex-
1 50 ; e 1 and qualified. Any vacancy iu the office j cepted. 1
4 Go ! shall he filled as in case of the Clerk of the j Sec. 14. Be it further enacted,. That,
2 50 j Superior Court, as provided in the Sec-1 iu case of a vacancy, or that the Judge
5 00 ; tions 251 and 252 of the Code, upon fif- ; cannot preside from sickness, absence,
j teen days notice. This q£icer shall be j disability, or from any ether cause, either j
i commissioned by the Governor, and take ] of f he- Justices of the Inferior Court may j
; the oath of office prescribed for Judges ol j preside, until such vacancy ia filled, or j Sec. 28. Be it further enacted, That ihc
j the Superior Court, and no other oath. j such disability is removed. ■ j testimony of either party shall be cotnpe
grounds.of complaint,.and the time of trial,
which summon shall be served by the I3a-
lifF or other officer, at least five days before
the time of trial.
Sec. 25. Be it further enacted. That at
tachments, claim?, guardianships, and oth
er like proceedings returnable to the
mouthly sessions, shall be served not less
than ten days before the first day of the
session, to which the same are returnable.
The same class of cases returnable to the
semi-anuual session shall be served, at
least fifteen days before the first day of
the session to which the same arc returna
ble,
Sec. 26. Be it further enacted, That con*'
tinuauces may be allowed under the same
rules in the Superior Court.
Sf.c. 27. Be. it further enactedThat tri
als shall be had at the second session after
service of process at the terns succeeding
that to which such process is returnable,
unless on cause shown for continuance.
OH
Attorney Generals are qualified and sworn,
and shall be removable from office in the
same manner as- Solicitor Generals are re
movable. and in case of vacancy, absence,
sickness er other disability, the Judge may
appoint auy practicing x\ttorney to por-
form his duties during such absence, sick
ness or other disability, or until such va
cancy can be filled by a new election.
COSTS.
Sec. 42. Be it further enacted, That in
cases not especially excepted, the Judge’6
costs iu the semi annual Courts shall be
the same as those of the Clerk of the Su
perior and Inferior Courts for like services.
In cases iu the monthly and special Courts,
if the sum in damages claimed exceed fif
ty dollars, then two-thirds of such costs,
and if not over fifty dollars, then oue-third
of^jucb costs shall be taxed as Judge’s
cosis, aud in ail other cases in which lie is
authorized to act be shall have such fees
as are now allowed by law to the. other
officers fur similar services.
The Judge’s eosts in criminal cases
Be if. further evaded. That the Sec. 15. Be it further enacted.
receive
etc.
Judge {dial
State, but ths.ll receive compensation
for hip services it: the way of foes herein
after named which shall be taxed in bis
bill of costs.
Sec. 4. Be it further enacted., That no
no salary from the | the Sheriff, and his deputies, when requir-
j ed by the County Judge, or Clerk, shall
execute any writ, process or order, of the
County Court or Judge, as if from the Su
perior Court, and shall attend the sessions j
That tent in cases which would be within the j nhali be two dollars for every case begun,
jurisdiction of a Justice of tho Peace, and 1 and two dollars additional tor every
ihc Judge shall have the power to compel j case tried or transmitted to the Superior j
the attendance of witnesses by subpoena or t Court. The Judges cost for a case in
otherwise. ! which discharge or specific performance is |
Sec. 29. Be it further enacted, The ver-
isqnalifieation for holding the office of [ Court, within the jurisdiction of a Justice's
of said Court. For eases in the County i diets or judgments may be so moulded as
dnj.
Notices to
debtors and creditors of an estate
_in»t slso be published 4G days.
Nr,dee that application will be made to the
Csert 3f Ordinary for leave to sell Land must be
published for two months.
Citations for letters of Administration, Guar-
diaaAip. &C., must be published 30 days—for dis
mission from Administration, monthly six months;
for dismission from Guardianship, 40 days.
Rules fer foreclosure of Mortgages must be pub
lished monthly for four months—for establishing
lost papors,/or the full space of three months—for
eompelling titles from Executors or Administra
tors. where bond has been given by the deceased,
the full space of three months.
Pablieations will always be continued accord
ing to these, the legal requirements, unless other
wise ordered.
D R. JOHN GANTT tenders liis professional
services to the citizens of Milledgeville and
vieinity. Office that of the late Dr. Fort.
March 6. 1S66 10 tf
PUBLIC
Ordinances, <3c-o.
W ILL BE READY for delivery to subscri
bers within five days from the adjourn
ment of the Legislature, a Pamphlet containing,
1st. The new Constitution and public ordinanc
es passed by the late Convention.
2d. Such portion of the “Freedmen’6 jjjpdo, as
may be adopted by the Legislature.
3d. All other public Acts which may be passed
daring the present session.
The price of the work is two dollars, or three
copies for five dollars. Copies sent by mail post
age paid. Tho volume will contain matter of
much interest to all classes. Persons desiring
the work are requested to send their orders ac
companied by the cash, to us at. Milledgeville, as
•arly as possible, so that we may know what
number of conies it may be nccessarv to publish.
C. J. WELLBORN,
W. H. HUNT.
Milledgeville, March 6, fot>6 10 2t
Citizens; Male and Female;
Arouse yourselves to your duties. One
of which is to practice economy m mak
ing your purchases.
riSCHACESIi 233ST.
OF OOILTTTN/CETj S, C3--A-. „
| County Judge shall arise from being Clerk
of the Inferior Court, or from holding auy
other office not involving duties incom
patible with tiie duties of County Judge.
He may, jf an Attorney at Law, practice
in cases never connected with bis own
Court, but these qualifications shall apply
to 6nch Counties as are not specially ex
cepted in this act ; and iu the counties so
excepted, the Judge shall have the qual
ifications hereinafter 6et forth in Section
45.
Sec. 5. Be if. further enacted. That the
CouDty Judge may issue bail process iu
civil case3, admit to bail in criminal cases,
iasue attachments, foreclose mortgages on
personal property, issue warrants of dis
tress lor rent, possessory warrauts, writs
of Habeas Corpus and other writs or war
rants, uot within the exclusive jurisdic
tion of some other Court or officer. H
may attest contracts or deeds for registry,
administer oaths, and exercise all the
powers of a Justice of the Peace in mat
ters civil and criminal, issue warrants re
quiring offenders to be brought before him
or some other Judge, or soma Justice, and
sit siugly or in conjunction with others, as
by law required on a Court of Enquiry.
The foregoing enumeration is not exhaust
ive, but the County Judge may in gener
al exercise all such powers as are granted
to him by law, or essential to the functions
granted.
Sec. 6. Be it further, enacted, Thar, the
County Judge shallby himself orClerk keep
a strict account of all fines aud forfeitures
and other monies which come to his hands
as Connty Judge, or to his Clerk ia his
official character, and shall pay over the
same to the County Treasurer, and re
port such receipts and payments to the
Gra nd Jury of tho County at each session
of the Superior Court. He shall keep an
index of all Court Contracts filed in his
office, and a list of all certificates and
discharges granted by him according to
Have opened a BRANCH STORE,
at the Northern extremity of the AIU-
te store South
ledgr.uilie Hotel building
of Newell's Hull building, in winch they
have on hand now, and icdl receive almost
daily, both from the Northern market and
their Columbus star*', everything usually
kept in their line, which consists princi
pally of 1)RY coons,
CLOTHING,
BOOTS,
SHOES,
HATS,
FURNISHING
law, which index and. list shall be open
for public inspection. It shall be his do
ty to provide a seal for the County Court,
to be used when necessary by himself or
the Clerk, aud until such seal is provided
the private seal of either may be used.
CLERK.
Sec. 7. Be it further enacted, That the
Cleik of the County Cuurt may be either
the County Judge himself or any person
appointed by the Judge, removable at his
pleasure, to be paid by him. and for whose
good conduct he is responsible. It shall
be the duty of the Judge to have a Clerk
ia office in case of bis own sickness or ab-
seuce. Tho appointment and removal of
the Clerk shail be entered on the minutes.
Ho-shall be sworn to the faithful and im
partial discharge of his duties, and shall
fee competent to discharge all the. duties
of I ho Judge, uot Judicial in their char :
actor.
Sec. S. Be it further enacted., That the
Clerk, or the Judge acting as such, shall
finntes of the Court, record its i
Court, the Sheriff’s fee shall be the same
as a Constable’s. In other cases, they
shall be the same as in the Superior Court.
For summoning juries for tho semi-annu
al session, five dollars; for the monthly,
or special sessions, three dollars.
Sec. 16. Be it further enacted, That
Bailiffs may be appoited by tho County
Judge, not to exceed four iu number, of
whom, ouo shall be called special Bailiff.
They shall each give bond, iu a eum to
be fixed by the County Judge ; he sworn
to the faithful and impartial discharge of
their duties j and their appointment arid
removal be entered on the minutes, It
shall be the duty of the Special Bailiff,
unless tiie Judge shall assign the duty to
the Sheriff or his. deputy, to collect all
executions for costs, and in all cases
where costs are not paid instauter, exe
cutions therefor shall be issued, and ten
per cent additional, collected as commis
sions of the collecting officer. One or
more temporary Bailiffs for particular oc
casions, may also be appointed, who need
not give bond, but must be sworn, and
their appoiument entered on the minutes.
A Boil iff s fee shall be the 6&me as a Sher
iff’s, in like cases.
Seo. 17. Be it further enacted, That im
mediately after his election and qualifica
tion, the Judge and Sheriff shall proceod
to make out a list of persons from the Re
ceiver’s digest, who are liable to Jury du
ty which shall be deposited iu a Jury box.
He shall draw therefrom, not more than
eighteen, nor less than thirteen, Grand Ju
rors, in the manner pointed out by law,
for the drawing of Grand Jurors in the
Superior Court. They shall be aam--
moned to attend at the first Court
whether it be a monthly or semi-*-
annual session, and shall be sworn,
in the same manner as Grand Jurors of the
Superior Court. The proceedings ifi all
respocts so far as applicable to said Court,
shall conform to the usages and laws which
govern the Superior Court.
Sec. 18 Be it further enacted, That the
first Grand Jury which may be drawn
shall serve at the mbbthly session, and
until the adjournment of the serui annual
session of the Court; the Judge shall then
in the manner heretofore prescribed, and
at each semi-annual session thereafter,
draw a new Jury which shall'serve for the
next six months, and during tho next semi
annual session.
Sec. 19. Be iffu)(her enacted. That from
the same Jury box, and at the same time,
ami in the same manner, the Judge shall
draw- a Jury of twelve who shall serve at
the first Court thereafter; and at each sue
ceeiiing monthly Court, be shall draw a
new Jury"of twelve, and they shall he so
drawn that the same Jury shall not sit at
iwo succeeding sessions; and if from any
cause, there should be a deficiency of the
original panel, at the session of said Court,
the Judge shall cause to be summoned a
sufficient number of tales Jurors to make
up the original panel, for the trial of civil
cases, and shall .also summon twelve tales
to subserve the ends of justice, and may j
be either for a surn certain, for the delivery (
of specific property for the eviction of an
intruder, or the performance of a Court
contract, or in such other form as may
seem just and proper, and may be in the
alternative.
Sec, 30. Be it further enacted, That the
regulation for sale under execution, or or
der, tor sums exceeding fifty dollars, shall
be as in the Superior Courts, and for fifty
dollars of less, as in Justices Courts, and
in case of peirshable property, the Judge
may so order the time of sale as to sub
serve the ends of justice.
Sec. 31. Be it further enacted, That a
prayed, or other like case not claiming!
money, shall be two dollars. For the fore- j
closure of mortgages, the partition of per
sonalty, the removal of intruders, tres
passers, or tenants holding over, the trial
of claims tor the certiorari of any case, for
cible entry or detainer, abatement of a
nuisance; also, for proceedings usually
tried at Chambers, such as possessory war
rants, Habeas Corpus cases, and the like,
three dollars. In cases iu which no fees
are prescribed by law, the Ordinary, or
any three Justices of the Inferior Court
may determine what shall be the Judge’s
costs.
Sec. 43. Be it further enacted, That the
Connty Solicitor shall receive the same fees
as are now allowed to the Solicitor Gener-
certiorari may be had upon the application i al of the Circuit, in the Superior Court, for
of the party complaining of error to the j such cases as come within the jurisdiction
County Judge within ten days after of the County Court.
the trial, with notice to the nppo - ! Sec. 44. Be itfurtlier enacted, That iu
site party, or his attorney, staling the I cases between master and servant, which
grounds of complaint, and giving a brief of j shall go against the servant the judgment
the material evidence, upon which it shall j for costs upon written notice to the master
be t^e duty of the Judge to proceed, as j shall operate as a garnishment against
under a writ of certiorari, to certify the j him, and he shall retain a sufficient amount
proceedings of the County Court, to tho j for the payment thereof out of any wages
Judge, of the Superior Court, within ten i due to said servant, or to become due du-
days after such application, and the Judge j ring the period of service, and may be cit-
of the Superior Court shall hear, and fri ed at any time by the collecting officer, to
nally determine the Same at chambers, or
the session of the Superior Court as may
seem proper.
Sec. 32. Be it further enacted. That
claims to personal property in the month
ly sessions, where the execution or order
issue*; from said Court, shall be tried in the
same manner as in Justices Courts, and in
the semi-annual sessions, in the same
manner as in the Superior Court.
Sec. 33. Be it further enacted. That in
cases of attachments, returnable to the
monthly sessions, the trial and proceed
ings shall be the same as in Justices’
Courts; and when returnable to the semi
annual sessions, shall be the same as in the
Suoerior Courts.
keep tb
A* * * I 1 I
proceedings, issue it. orders and processes,i Jiirore ; 8() aB (n mnke 0 „ a panel of twenty-
and keep proper Dockets, to-wit: one j tour J ul 0r8 for tho . triul of criminal cases
i from which, by strikes as in the
GOODS,
PIECE GOODS,
FANCY'
GOODS,
NOTIONS,
STATIONRY, Sfc. fy.,
We respectfully announce to the public that we
positively tell our goods at the very LOfVhST
P&ICES, a* wc have adopted the safe plan of
“Small Profits aud Quick Sales.”
Give us a tryal and you will be fairly aud hon
orablj dealt with.
FISCIIACIIER & IIECnT.
Milledgeviille, Gft.. Feb. 20. 8 tf
Ghas. r. McCalla.
M. T. McGregor.
Subpoena *»nd oue. Execution Docket, for
all the sessions of said Court; for the;
monthly and special sessions , one Docket}
of civil cases generally; and also on© '
for criminal cases; for the semi-annual
sessions ono common law Docket: one
Docket for claims, motions, illegality
! and other like proceedings ; aud any oth
er Docket for either session which the
Judge may direct.
JURISDICTION.
Sec. 9. Beit further enacted, That ihe
County Court shall have coucurrent ji-
risdictiou iu all civil cases aud criminal
cases in which exclusive jurisdiction is
not by law vested in 60ine other Court,
and such jurisdiction shall be exercised as
hereinafter provided for.
Skc. 10. Be it further enacted, That
tho County Court shall hold semi anuual
sessions in the several Counties of this
State, on the same days as tho Inferior
Courts are now held ; also monthly ses
sions on the 2nd Monday in every month.
Court a jury may be selected.
CRIMINAL JURrSDICTION.
Skc. 34. Be it further enacted, That the Criminal
jurisdiction of the County Court, at its
monthly and semi-annual sessions, extends
to all offbuses of which exclusive jurisdic
tion is not vested in some other Court.
Skc. 35. Be it further enacted. That if any ofienco
is charged which is within the jurisdiction
of the County Court, and upon the trial
thereof, it shall appear that the crime
committed is of a grade beyond its juris
diction, the trial thus begun shall be re
garded as if before a Court of Inquiry, and
the Court, shall dispose of the case accor
dingly.
- Sec. 3G. Be it farther enacted. That, all of the
proceedings in preferring bills of indict
ment or presentment, and submitting the
oame for trial, shall conform the laws and
rules governing the Superior Court ru sim
ilar proceedings.
Sec. 37. Be it further enacted. That ev
ery indictment in the County Court, either
at its monthly or semi-annual sossions,
shall bo in order for trial at the term at
which it is found, but it shall he the duty
of the Judge to allow reasonable time to
both parties to summon witnesses, and to
the defendaut to procure counsel.
Sr.c. 38. Be it further enacted, That if
.iperior ; the accused has do counsel, and is nimble
make answer thereto.
Sec. 45. Be it further enacted, That in
the following county, to-wit: Muscogee,
the qualifications for County Judge shall
be, first, that ho shall be a resident of the
county from the time of his election, and
second, that he shall have been a practicing
Attorney of this State. If the fees preacrib-
cd by this act shall not be sufficient to
compensate the Judge for the service he
has to perform iu said county the Justices
of the Court may, in their discretion, pay
such additional sura from the County lands
as will insure him a competent salary.
WILLIAM GIBSON,
President of the Senate.
John B. Weems. Sec’y of the Senate.
THOS. HARDEMAN,
Speaker of the House of Rep’s.
J. D. Waddell, Clerk of the House.
Approved 17th March. 1866.
CHARLES J. JENKINS, Governor.
Sec. -5. Be it further enacted. That anv
security upon any debt or demand for
which executions may have bren or may
be issued during the continuance of this
act, shall have ilie right, with or without
the consent of pi a i cliff, to cause a levy
and sale to be made, whenever the securi
ty shall make oath that the principal de&
fendant has brought himself within the
provisions of the 2d section of this act.
Src. 6. Be it further enacted, That
whenever any plaintiff’or security shall at
tempt to have an execution levied for any
of the causes in the 2d Section, the de
fendant may stay tl^e said execution by
filing with the levying efiicer his affidavit,
denying the existence of said cause, aud
iu giving bond and security iu double the
amount of the execution, conditioned to
pay the plaintiff the amount due on^aid
execution during the four year.-:, has here
tofore provided for in other cases; and
where tho defendant is unable to give se
curity, be may make his affidavit of ina
bility, as provided for in cases of appeal iu
Section 3543 of the code of Georgia.
Sec. 7. Be it further nuacted, That all
laws and parts of laws militating against
this act are hereby repealed.
WM. GIBSON,
President of the Senate.
John B. Weems, Sec’y of the Senate,
THOS. HARDEMAN,jr.
Speaker of the H. of R.
J. D. Waddell, Clk. of the H. of R.
An act, for the relief of the people of Geor
gia, and to prevent the levy and sale of
property under certain circumstances,
and within a limited period.
[Passed over the Governor's veto.)
Whereas during the late war the State
of Georgia lias been overrun by the op
posing armies ; the accumulated crops and
agricultural stock in a great measure de
stroyed ; The Confederate indebtedness
held by tbe people-in exchange for their
products has become useless; the obliga
tions of the State, eagerly sought after as
a safe investment, have been - repudiated ;
the accumulated capital of nearly a cen
tury, represented by slave labor, amount
ing to nearly three hundred millions of
dollars, has been destroyed ; and the pros
pect of successful agriculture, tbe basis of
all value, now dependent on the volunta
ry labor of tbe freeduien, is a question of
doubt and experiment. Therefore—
Sec. 1. The General Assembly of the
State dr Georgia do enact, That there
M>OA T «T, A. tfc CO.,
T) .T^fi? ft "'0N3I
*838**
d
t)o
Particular attention given to the Sale and pur
chase of COTTON and COUNTRY PRODUCE.
Gberal Advances made.
®* 1 van winkle range Corner of Jackson
and Ellis Streets,
-A.TTQ-TTSTA, C3--A-.
Storage for Cotton-
August 8,1SG5 32 ly
'W'skirted..
A SITUATION as assistant teacher in a col-
or pood school, by a young lady. For
particular* address.
* R. G. E. Acworth, Cebb co. Gn.
November 21,1865 57 tf
Sec. 2d. Beil further enacted, That all j Judge to assign counsel to the accused,
civil cases before the monthly session j p,nt " to lS3Ue sulrpce.uas for suen witnesses
shall be tried by the Judge without the | » 8 * ,e ms 7 r «PM«nt to be material for bis
intervention of a Jury unless a Jury is
to employ counsel, it shall be the duty of gball be no levy or sale of property of de-
demauded by one of the parties to the
record aud at special Courts, where a Ju
ry is demanded, the Judge shall cause to
be summoned from the by standers, a Jury
of five men.
Sec. 21. Be it further enacted, That the
Jurors serving in the County Court shall
take the same oath as is provided for like
Jurors in the Superior Court, and they
shall, be paid in the same manner.
Sac. 22. Be it further enacted, That all
the officers of the County Court shall be
responsible for their good conduct as such,
under the same rules as officers of the Su
perior Court. It is a Court of record, and
the proceedings shall be recorded as in the
Superior Court. Its powers to punish for
contempts shall be the same as those of
aud special terms iu tho discretiou of the | the Superior Court, and the general pro-
Judge.
Sec. 11. Be it further enacted, That tbe
County Court at its monthly and special
sessions shall have jurisdiction without
limit as to amount in all cases arising out
of the relation of master and servant,
whether suits for wagss, applications to
enforce performance, or for oilier purposes ;
also applications for tbe eviction of tres
passers, intruders and tenauts h<*ldiug
over; for the partition of personal-proper
ty ; for the trial of possessory warrants or
proceedings under distress warrants, > Ha
beas Corpus cases, and all other'civil tea
ses in which not more than one hundred
dollars is claimed as damages or principal
sum due.
Src, 12,’ Be it further enacted, That
visions of the the Code from § 167 to § 203,
inclusive concerning the powers of a Court,
apply to it.
ttne. 23. Be it further, enacted. That the
provisions of the Code concerning amend
ments, from § 3410 to § 3436 inclusive, and
concerning defences, from § 3381 to § 33S3
inclusive,, apply to the County Cuurt at
either session.
Sec 24. Be it farther enacted, That in
the semi-annual session, the mode of com
mencing suit, service mid proceedings in
general shall be tho same as ia the Supe
rior Court. >
In all ;cascs.uot hereinafter excepted,
brought to the mont hly sessions the plaintiff
Shall, procure from the Court a summons
defence, and if necessary, to compel their
attendance; Provided, the Judge may ex
ercise his discretion, in compelling the at
tendance of witnesses, whoso testimony iu
the opinion of the Judge, would be imma
terial to the case.
Sec, 39. Be it further enacted, That tbe
County Jttdge shall have power to use the
County Jail tor the detention of accnsed
parties, and for the punishment of those
convicted of offences, or guilty of contempt.
Commitments by the County Judge shall
be obeyed by him.
Sec - , 40. Be it further enacted, That a
certiorari, at tbe instance of the defendant,
may be bad aa provided in Sec 31st, and
upon notice to the Judge of the application
the sentence shall be suspended until the
certiorari is decided. On hearing such
writ of certiorari, tbe Judge of the Superior
Court roa) either grant a new trial, or pass
such jadgment or sentence as, iu view or
the whole case, is consistent with justice.
And when auy such case is carricu up ;«s
herein provided, tbe Solicitor or Attorney
General of the circuit shall take charge of
a&d^proseteute the same, for which he shall
have tbe same fees allowed hi bills found
in the Superior Court.
Sec. 41. Be itfurther Enacted That there
shall aleo be a prosecuting Attorney who
shall be called County Solicitor. He
shall he elected a-t the same time, and
commissioned in the same' mauuer as the
Jndge of said Court. He shall liaye been
m practicing Attorney,; and aftei his elec
tion shall reside:iu tbe coouty; he shall
which shall be set forth the ground or bo qualified and sworn as Solicitors aud
fondants in this State, under execution
founded on auy judgment, order or decree
of any court heretofore or hereafter to be
rendered upon any contract or liability
made or incurred prior to the first of June,
1S65, Provided, the said defendant shall
pay or cause to be paid, during each year,
one-fourtb part of the amount of priucipai
and interest of such cxecutiou.or of tbe debt
or ciaim on which such execution has been
or may hereafter be obtained, bo that the
entire indebtedness shall be paid in four
years from the 1st of January, 1866. and
the fourth and last by the 1st of January,
1870.
Sf.c. 2. Be it further enacted. That this
act shall not apply to executions tor costs,
nor to rules agaiust officers for money,
nor to any process issued against persons
bolding money or effects and bailees, dot
to cases where plaintiff’s shall make oath
that defendants have absconded or are ab
sconding, or hav^ removed, or are remov
ing laeir property, or fraudieutly convey
ing. sccreling, or concealing the same, to
avoid the payment of their just debts, nor
to orders for alimony and fines for neglect
of roa»i «iuiy, or processes issued by Qr-
diuaries tor tho support of widows and or
phans. •
Szc. 3. Be it farther enacted, Th&t all
statutes of liinitatious relatiug to ieine af
fected by this act shall be suspended du
ring the continuance of the act.
Bkc. 4. Be it further ecacted, That auy
officer or person violating this act, shall be
guilty of trespass, aud liable to tbe defen-
Jaut iu damage*.atot le«s ihau the amount
of the judguieut, order or deoree» upon
which he is proceeding, as iu other: cases
of. trespass. -;
The Slay Law.
We copy from the Columbus Sun of
Saturday last, says the Atlanta Intel
ligencer, the following legal views of
the “Stay Law” recently passed by the
Legislature of our State. They are the
views of the Hon. Liuton Stephens, ex-
Judge of our Supreme Court, addressed to
one of the representatives of Muscogee
county, Mr. J. M. Russell, and by him sub
mitted to the Sun for publication. Wo
publish the document for the benefit espe
cially of our legal friends. We are forcibly
reminded, however, in referring to the
views of our excellent Governor, and the
opposite ones of Mr. Stephens of the old
adage, “When doctors disagree who sbali
determine the nature of the disease.”—
Here are two ex-Judges of the Supreme
Court of our State, differing on a point of
constitutional law. Who shall determine
which is right ? ,
ARGUMENT OF HON. LINTON STEPHENS.
Of all tbejudicial decisions bearing on
this subject, I find but one which is direct
ly on the constitutionality of a stay law.
It is a decision from the [Supreme Court of
Rennsylvaoia, delivered by Chief Justice
Gibson. This decision is a very able oue,
and furnishes the true distinction between
that case and all the oilier cases in which
the decisions, and still more the obiter dicta
were apparently adverse. The case turn
ed upon an act of the Pennsylvania Legis
lature forbidding the sale of property un
der execution.during oue year, unless the
property should bring as much as two-
thirds of the value which should be pre
viously set upon it by appraisers appoint
ed for that purpose. The constitutionality
of that act was affirmed ; and the act was
distinguished from all others of a similar
character which had been held unconstitu
tional by the Supreme Court of the Unit
ed States, by the circumstance that this
act confined the suspension ot the remedy
to a definite period—one year—while the
other similar acts which *had been over
ruled, had provided an indefinite suspen
sion—an indefinite suspension of the reme
dy being equivalent in its effect, to au ab
rogation of the right. The same distinc
tion is clearly taken and strongly pressed
by Judge Berrien. Walker, and others,
iu their decision pronouncing against the
constitutionality of tho thirding act of this
State. Throughout that decision, they
lay great stress upon the indefinite suspen
sion of the remedy, aud the consequent
abrogation of the right or obligation of the
contract. This distinction furnishes a
clear path through ail tbe mazes of the
labyrinth. There are obiter dicta from
Judges of the Supreme Court of the Unit
ed States, as well as from other Judges,
going to the extent that the obligation of
a contract is the existing remedies for its
cufoiceineut; uut this position is demon-
sUably wrong in itself, aud is plainly in
consistent with a whole class cf very nu
merous decisions iu which there lias beeu
an entire concurrence of all the courts.—
Whenever the case has been presented,
the courts have uniformly held that the
change or modification oi‘ the remedy was
within the power of the Legislature so
loDg as some remedy was left by which
the obligation could be enforced. The ob
ligation of a contract can bo enforced on
ly by some sort of action ; and yet tbe
courts have always held that the Legisla
ture might shorten the period within which
actions might be brought ou existiug con
tracts. So they have maintained the va
lidity of laws that provided for the release
ot insolvent debtors from imprisonment
under execution issued in pursuance of the
law existing when the contract was made.
This point was expressly decided by the
Supreme Court of the United States affirm
ing the validity of a resolution of the Leg
islature of Rnode Island discharging a
debtor from imprisonment. It has also
beeu held by the Court of Appeals of New
York, that the list of property exempt In m
sale under execution could Le enlarged as
to executions founded ou prior contracts.
There is also a powtrful analogy to be
found iu the decisions of the courts upon a
rule of criminal law. They liold^that
criminal accusations must be governed,
not by tire laws of procedure existing
when the offense was committed, but by
those-which are iu force at the time of
trial. This was expressly held by the
Supreme Court iu the case of Baily vs. tho
btate, reported in the 20 volume of their
decisions. Between the time of the alleg
ed killing aud the trial, the Legislature
changed the mode o! making up Juries to
try criminal cases, aud the court held that
the trial must bo governed by the cow law,
not the old. The remedy, iu other woids,
was under the control of the Legislature;
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