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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; 0' ‘\ fc- mm