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ttierhty Jnttlligfnrrr. ATLANTA, GEORGIA, Wednesday, January 17, 1806. The Constitution to he Orerthrewa. Our readers will remember the telenphic item we published a few days ago, embracing the intel ligence of the passage of a resolution by Congress introduced by a Pennsylvania radical member, as serting “that the troops should not be withdrawn from the seceded States until Congress shall have ascertained and declared their presence there no longer necessary.” This direct interference with the powers conferred by the Constitution upon the President, is thus appropriately referred to by the Nashville Uoion A American : “The framers of the United States Constitution endeavored to organize such a government as that its several and separate departments—Exe cutive, Legislative and Judicial—should not en croach upon, or usurp, the functions appropriate ly belonging to each other. Among its provi sions were definitions of the proper sphere and duties of each. Among others, the Executive, reprceented by the President, was charged with the management of the armies of the Union, as commander-in-chief of the military atm of the govemnent. Under this provision, Andrew Johnson is the chief director and manager of all the armies of the United States, with power to order or withdraw to or from any p*Ttioni*r lo cality. This power of the President has never been questioned by anybody anywhere, in peace or war, since the foundation of the government, until the day before yesterday, when a member of the House of Representatives in Congress from the State of Pennsylvania, Williams by name, introduced a resolution into that body, as serting, ns the sense of the House, “ that the troops should not be withdrawn from the late seceded States, until both Houses of Congress shall have ascertained and declared their presence there no longer necessary.” Our dispatches pub lished yesterday state that this resolution was adopted, without hesitation or debate, by 94 against 37.” “It will thus be seen that, not content with ex ercising doubtful powers, the House branch of Congress, by the most decided majority, is deter mined to usurp the entire administration of the government, defying and ignoring the President, the Judiciary and the people. This body of “so- called” representatives thus express their purpose and determination to be no longer guided and controlled by the constitution; but to set up a new government, suitable alone to their views. Wc beg leave to ask, if these Radical fanatics intend to subvert the well ordered and clearly defined government established by a common ancestry, and substitute in its stead a mobocracy, whose head and front, and body and soul is the Congress, without even consulting the wishes of the thirty millions of people composing the Union ? If such be the case and the effort is successful, let the world bid a long and a final farewell to republican institutions. "A question arises, whether the President will tamely and quietly submit to this emasculation of his own exclusive powers, and suffer a revolu tion and subversion of the government without a manly effort to preserve it? And there is another question, whether the people themselves will agree that a corrupt aud mad coterie at Wash ington, shall assume without authority, and in defiance of eveiy principle of free popular gov ernment, to orect a new power, which shall be amenable alone to their own behests ? We feel confident that Andrew Johnson will not submit tamely to these usurpations; and are sure that he will lose no opportunity to rebuke and defeat the schemes of these disunion anarchists.— Neither do we believe that the people, North or South, are ready to bow the suppliant knee to the new raised despotism of Congress.” ■o »■ The Hon: John BeU. This gentleman who has long been before the. public, and held in high esteem as a leading Colfax. Southern statesman of the old Whig school, throughout the country, has recently addressed a letter of considerable length to a gentleman in Kentucky, which we notice has been published in several of our exchanges. We confess we do not notice in this letter any suggestions or coun sels, or any views presented, of an original char acter, to the Southern people, in this their day of trial. Nor is there any peculiar force in what Mr. Bell tioic says, that it should work any more favorable results than what is progressing, or ex cite any more than ordinary attention. Pre pared six months or more ago, it might and probably would have excited more public atten tion, and while the views presented in it would have been received generally with favor by the Southern public, still one portion of it at least would not then have been received, nor does it now commend itself to public favor with South eru men. We allude to Mr. Bell’s views on “ne gro suffrage." Wc confess that they took us by surprise. He would have the South make Mas sachusctts a model. Take from the white man in Georgia what he has hitherto enjoyed, and bestow upon the negro, provided he be worth so much money, and con read and write, what has never before been conferred npon him. The poor and uneducated white man, must have no voice in the elections, while the rich negro who can read and write, will have. The time has not come for this in the South. We are utterly opposed to it, and are surprised that any South ern statesman would recommend it. This address of Mr. Bell will doubtless be well received at the North. But for its length we would place it before our readers. How it is re ceived at Nashville, the place of his present resi dence, by a portion, at least, of the press there, the reader may judge by a perusal of the follow ing notice taken of it by one of the leading presses of that city, the Nashville Union. That paper says: ‘‘We have read with some interest the letter of this distinguished gentleman published in die Louisville Journal. His counsel to the Southern States in regard to the support of the President’s policy, and conforming their legislation thereto, is good; but it comes too late. His suggestion that they might adopt negro suffrage to the ex tent that it is allowed in Massachusetts, will take them by surprise; and they may ask themselves if it is proper to resist the Congressional test oath, as an innovation on the Constitution and an un safe precedent, why it is not equally proper to refuse to exercise a constitutional prerogative at the bidding of those who have no right to inter fere with the regulation of their domestic con cerns ? We believe that it would ye sound policy to confer the right of .suffrage upon certain classes of colored persons, and thus give the remaining classes incentives to improvement so as to secure for themselves also this inestimable privilege, but we would not do it at the expense of the dis franchisement of any portion of the white race; especially those who have been voters. Further more, this is & matter for each State to determine for itself, and we would not yield to pressure from without.” “ Protective TirlflC We are about to live over again the days of '38 and '33, when the protective tariff party of the country demanded, and, we may add, re ceived all they demanded to promote what they termed “American Interests.” Convulsed as the country then was, it has since been so fearfully so, that wc can recur to that period with com placency, and only think of it as one of those links in the historical chain of the nation that contributed to bring about sectional hatred and the cruel war from which it has suffered so much, and especially what we must now term the South ern section of it. Now movements are again be ing made by the manufacturing interests of the North and East, to make the South and West tributary to those interests. It is urged that “home interests" most be protected, by which is meant the cotton, iron, and other manufacturing interests of New England, Pennsylvania, and so on. The combination to bring this about is for midable—the influences great; the argument specious. It is said to be necessary in order “to be saved from a financial crash tenfold worse than that of 1837.” Western members of Con gress Vho have expressed a determination to op pose any alteration in the tariff, likely to secure “home industry against the efforts of foreign competition," are threatened with defeat at the next elections—the yeas and nays upon all ques tions involving import and export duties, are to be “carefully noted and spread before” tbeir constituents. To excite the prejudices of the ag ricultural interest of the West, it is urged that com had better be used as fuel than to transport it to foreign markets. One D. D. Cone, a corres pondent of the St. Louis Democrat, who is active in his advocacy of heavy export and import du ties on cotton and iron, in order to promote “home industry”—which means to give to the cotton and iron manufacturing interests of New England and Pennsylvania, a monopoly in man ufacturing—urges the following as a reason why the Western farmer should sustain the “home industry” party. Quoting from the Galena (111.) Gazette, he says: “We understand that many of the people of Warren and other towns arc using com for fuel. We had a conversation with an intelligent gen tleman who has been burning it, and who con siders it much cheaper than wood. Ears of com can be bought for ten cents per bushel, by meas ure, and seventy bushels, worth seven dollars, will measure a cord. A cord of wood, including sawing, costs $9,50, which is $2,50 more than the cost of a cord of com, besides the faet that com produces more heat than wood. If these statements are true (and we have no reason to doubt them) there is no fuel more economical than com. The crop of com this year is far be yond the demand.” And then adds: “I see by the Iron Age that the importation of foreign goods into New York alone for some months past, has been at the rate of $370,000,000 per annum. I apprehend that if a small moiety of these goods had been manufactured in the United States, Illinois farmers might have done better with their com than to bum even the smallest part of it.” So, as we said at the outset, the days of ’28 and ’32 are coining about again. The halls of the national legislature will ring againwith appeals for the protection of “home” agaiast “foreign indus try.’’ There will be no Clays, nor Websters, nor Calhouns,’nor McDuffies there; but we trust there will be wisdom and patriotism enough to save the agricultural States of the nation from the gross injustice which must follow the enactment of laws which would be protective of manufac turing and of no other industrial pursuits; which would favor one section and oppress others; which would enrich New England and Pennsyl vania, at the expense of the South and the West. ^ Speaker Colfax is reported to have stated at a recent dinner party in New Haven that im mediately on the re-assembling of Congress, the members of Congress from Tennessee would be admitted, and that other States would soon fol low.—Boston Traveler. The foregoing, the Buffalo Express of the 6th instant says, “we have reason to know from pri vate conversation, is the sincere conviction of Mr. He regards this intermission of a few weeks as highly favorable to the cause of restora tion, as well as to the harmonious and fraternal action of Congress and the Executive on that question. The States will be recognised by Con gress as rapidly as the future welfare of the Union will justify, and Tennessee will be subjected to an outside position only for a brief period after Congress shall have re-assembled. The problem of restoration is to Ik; solved without serious dif ficulty. We are led to this belief from the fact that the Executive and a majority of Congress will act in harmony, regardless of any storm that passion or prejudice may attempt to raise. The Government and the people are given to cool re flection, and hence they will notba influenced by inflamatory appeals, come from whither they may. Hon. Peter Cone.—A telegraphic item from Savannah to New York, (feted the 7th instant, announces the death on the day previous, of this gentleman. He died at his residence in Bollock county, which he had served in the Legislature of our State for over thirty years. We are pleased to notice that our fete fellow citizen, Judge Boi.ing Baker, has been elected Secretary of the Senate of the Florida Legislature. The Judge has many friends in this city who will be gratified in seeing this notice. «n n Hung.—For the fint time in many years an execution took place in this vicinity yesterday.— The negro man Isaac, found guhy of the murder of Mr. Henry Amos, in Hancock county last July, was hnug near the Powder Work at 19 minutes past 12 o’clock. We are informed that on being led forth to meet his death, he asserted his innocenc, but it is stated that on previous oc casions he admitted his guilt—Augusta Constitu- UonaUst. Hon. A. H. Stephens.—We notice in the Washington City National Intelligencer the fol lowing extract from a letter written by Mr. Ste phens, from his residence at Crawfordville, dated the 25th ultimo: “As to how I am doing, I can only say that, in the matter of health, I have improved greatly since my return home; but the country I find in a worse condition—physically, morally and po litically—than I expected. The general desire of the people is for a speedy restoration of civil few and harmony, aud I am engaged in doing all I can to effect that result. I do trust that wis dom, moderation and true patriotism will rule the councils at Washington. * * * Mean while, it is the duty of every one to do the best he can. The wise and the good will always take things as they find them, and do the best they can with them as they present themselves.” Hits Him Hard.—The Editor of the Nashville Gaaette hits one of his cotemporaries of that city, the following hard licks: “One of our city editors says the life-blood of the State ‘was almost sucked away by the vam pires of rebellion.’ Yes, and he and his party are now sucking at the dead carcase. The same editor says, speaking of the return of the so-called Legislators, ‘every good citizen will extend to them a cordial welcome back.’— May be so; bat then good citizens are ‘mighty scarce.’ He also tells that the same ‘good citizens’ will pray that the Legislators aforesaid may be‘guided by the spirit of patriotic wisdom.’ It they do, it certainly will be ‘prayer without faith.’ ” Three persons implicated in the robbery of the Adams Express Company, on board of the train from New York to Boston, have been cap tured. They were traced by Mr. Sanford, agent, and some private detectives acting under his or ders. Two of the parties were arrested at Nor walk, Rhode Island, and the other in a low house in this city. Nearly three-fourths of the money was fonnd in letters in their possession. The whole amount taken from the safe did not ex ceed five hundred thousand dollars. That was a good round sum, we think, these hard times, even for the Adams Express Company. The arrival nr Savannah of the Hon. W. E Chandler, Assistant Secretary of the United States Treasury, and the Hon. H. M. Watkhson, a former member of the United States Congress from Tennessee, and an old friend of President Johnson, is announced in the Republican of that city, of the 9th instant. Mr. Chandler and Mr. Waterson are on an of ficial trip investigating the affaire of the United States Treasury Department throughout the South. Georgia State Bonds.—Governor Jenkins, we notice in the advertising columns of the Ma con Telegraph, has deposited $100,000, of Georgia Bonds, new issue, in the First National Bank of Macon for sale. They are semi-annual Coupon Braids of the denominations of $500 and $1,000 each, bearing seven per cent, interest, issued in conformity with an ordinance of the State Con vention. ^ • Thet condenac their copper smoke in England. { Report or the Commissioners Appointed to Prepare a System of Laws to tarry in to effect the 5tk douse of the 5th section of the 2d article, and the latter part of the 3d domes of the 2d section cf the 4th article of the Constitv.- [ Continued from First Page.] differently ordered by the Judge, the regulation of sale under execution or order for sums exceed ing fifty dollars, shall be as in the Superior Courts, and for fifty dollars or less, as in Justices’ Courts. § 44. An appeal may be taken to a jury from any decision in the daily County Court in a civil case, by a payment of costs and of the jury fee, as provided in § 14 of this article. £ 45. A mw that, upon legal grounds, may be awarded, it the Judge is satisfied that justice re quires it Want of notice of the first trial, or absence of the party without fault, shall be a good ground for a new trial, or an affidavit of ille gality. § 49. A certiorari may be bad upon the appli cation of the party complaining of error to the County Judge, with notice to the opposite party or his attorney, stating the grounds of complaint, and giving a brief of the material evidence, upon which it shall be the duty of the Judge to pro ceed as under a writ of certiorari, to certify the proceedings of the County Court to the Judge of the Superior Court, within ten days after such application, and the Judge of the Superior Court shall hear and finally determine the same at chambers, or at the session of the Superior Court, as may seem proper. § 47. Applications for appeals, new trials, or certiorari must be made within four days after trial, and in cases between master and servant, and in any other cases in which the Judge shall deem it just, compliance with the provisions of § 53, concerning dilatory proceedings, shall be required. §48. Claims to personal property under any execution or order issued from the County Court, or to the personal property at any sale to which a free person of color is a party, or in which the parties elect the County Court for trial, shall be tried as in the Superior Court, except that no jury shall be provided unless required under the provisions of section 14th of this article. § 49. Attachments may be tried under the rules of the Superior Court. § 50. The County Judge granting an appeal or a new trial, may assign any day for the trial, in his discretion, allowing reasonable time to the parties and making no unnecessary delay. FRIVOLOUS ACTIONS, DEFENSES AND DELAYS. § 51. In any case between master and servant in the daily court, the Judge shall (and in other cases he may in his discretion) award damages to the defendant in a sum not to exceed the costs, if the action shall be manifestly frivolous or vexatious; and in like manner to the plain tiff damages of not less than ten nor more than twenty-five per cent, of the sum claimed, if the defense be manifestly frivolous or vexatious.— Damages to the plaintiff may amount to five dol lars, although twenty-five per cent of the claim would fall short of that sum. TERMS OF DILATORY PROCEEDINGS. § 52. In suits between master and servant, the defendant shall not be allowed to continue the same, or to delay payment by any proceeding, such as appeal, certiorari, new trial, illegality, stay of execution, or other dilatory proceeding, except upon the terms following, viz: that he shall make such payment in the nature of alimony for the present support of the plaintiff or his family, out of any sum or property he admits to be due, as to the Judge may seem reasonable and ju9t, unless upon affidavit that nothing is due. The proceeding or case delayed shall, if properly to be tried before the County Court, be brought to trial within ten days, unless on cause shown for continuance. SEMI-ANNUAL SESSIONS. § 53. The setni-annual County Court shall have concurrent jurisdiction with other courts of law, in all civil cases of which exclusive ju risdiction is not vested in some other court, in- cluding jurisdiction in legitimatizing persons, changing names, and granting corporate privi leges. The sessions shall be held at such times as may be appointed for each county respective ly, by the General Assembly. The court shall proceed under rules of the Superior Court, un less specially excepted. Appeals, as from the Inferior Court, may be taken to the Superior Court. CRIMINAL JURISDICTION. § 54 The criminal jurisdiction of the County Court is exercised at its daily sessions, and ex tend to all offenses, by persons of color, of whieh exclusive jurisdiction is not vested in some oth er court, and excludes the jurisdiction hereto fore vested in Justices of the Peace, as to the trial of such persons, and the jurisdiction vested, by virtue of section 4724th of the Code, in the Mayor, Recorder, or Intendant of any incorpo rated town. § 55. If any offense is ebarged which is with in the jurisdiction of the County Court, upon the trial of which it shall appear that the crime committed is of a grade beyond its jurisdiction, the trial thus begun shall be regarded as if be fore a Court of Inquiry, and the court shall dis pose of the case accordingly. § 56. Any white person accused of an offense not within the exclusive jurisdiction of some other court, may make a written demand tor trial in the County Court, expressly waiving in dictment and trial by jury, and upon such de mand, it shall be the duty of the County Judge to appoint a day within seven days thereafter, and to give notice thereof to the accuser, if there be one to his attorney, and if there be no accuser, to any other person whom he may deem it important to notify. In cases presented by a Grand Jury, notice shall be given to the Solici tor General of the Circuit. On the day ap pointed, the trial shall proceed, unless continued for cause from time to time, and the effect of ac quittal or conviction shall be the same as npon trial in the Superior Court, and in case of con viction, the sentence shall be executed in the same maimer. Sections 39tli and 40th of this article apply to criminal as well as civil cases, provided that in all cases the accused shall be confronted with the witness, and the right of cross-examination he accorded to him. COSTS AND FEES. § 57. In all cases not specially excepted, the Judge’s costs in the semi-annual Courts shall be the same as those of the Clerk of the Superior and Inferior Courts for like services. In cases in the daily courts, if the sum or damages claim ed exceed fifty dollars, then two thirds of such costs, and if not over fifty dollars, then one-third of such costs shall be taxed as Judge’s costs. TheJudge’s costs in criminal cases shall be two dollars for every case begun, and two dollars ad ditional for every case tried or transmitted to the Superior Court. The Judge’s costs, for cases in which discharge or special performance is prayed, or other like cases not claiming money, shall be two dollars for each case, and the same for the foreclosure of mortgages, the partition of person alty, the removal of intruders, trespassers, or tenants holding over, and the trial of claims; also for the certirorai of any case. For case of forcible entry or detainer, abatement of a nui sance, or grant of private ways, three dollars.— In other proceedings usually tried at Chambers, such as possessory warrants,' Habeas Corpus cases, and the like, three dollars. In cases in which no fees are prescribed by law, the Ordinary, or any three Justices of the Inferior Court, may deter mine what shall be the Judge’s costs. J 58. It shall be the duty of the special Bailiff, ess the Judge shall assign the duty to the Sheriff or his Deputy, to collect all judgments for costs, and the officer collecting them shall be en titled to retain ten per cent, thereof § 59. In cases between master and servant, whieh shall go against the servant, the judgment for costs, upon notice to the master, shall ope rate as a garnishment against him, and he shall retain a sufficient amount for the payment there of out of any wages due to said servant, or to become due during the period of service, and may be cited at any time by the collecting offi cer, to make answer thereto. § 60. The costs known as judges costs shall be paid into the county Treasury, as well as all fines, penalties, forfeitures, proceeds of labor, and the like, and the judge shall be entitled to receive from the county Treasurer, a sum equal to one- half the gross amount of all the costs known as judge’s costs, for which judgment has been given, whether collected or not, that he may have no interest in throwing the costs upon the party, best able to pay them. § 61. The fees on a contract offered to be filed as a court contract, whether filed or declined for proper legal cause; shall be fifty cents, if the tram of service or rent is six months or less, and one dollar if over six months, or indefinite as to time. For any other clerical work, his fees shall corres pond with those of the Clerk of the Superior Court. ARTICLE HI. HUSBAND AND WIFE. § 1. Persons of color now living together as husband and wife are hereby declared to sustain that legal relation to each other, unless a man shall have two or more reputed wives, or a wo man two or more reputed husbands. In such event, the man, immediately after the adoption of these provisions by the' Qenerai Assembly, shall select one of his reputed wives with her consent, or the woman one of her reputed hus bands with his consent, and the ceremony of marriage between these two shall be performed. If such man, thus living with more than one wo man, or such woman living with more than one man, shall Ml or refuse to comply with the pro visions of. this section, he or she shall be prosecu ted for the offense of fornication, and punished accordingly. § 2. Persons ateolor, desirous hereafter of be coming Husband and wife, must have the con tract duly and legally solemnized "between them, bat co-habitation, with reputation of the partial master or a servant, whose chief badness is kus- as man and wife, shall .at all times be evidence of marriage, in cams civil and criminal. § 3. Any one who is a charge to the public shall not be competent to contract marriage. §4 The marriage of an apprentice, without the consent of his iniMer, shall not be lawful. ARTICLE IV. PARENT AND CHILD. § 1. Among persons of color the parent shall be required to matotain his or her children, whether legitimate or illegitimate. § 2. Children «h»f> be Subjected to the same obligations, in rriatieu to their parents, as those which exist m retottete to white persons. § 3. Every colored'chfld heretofore bom is de clared to be the legitimate child of its mother, and also of its colored father, if acknowledged by such lather. ■ ARTICLE V. OPAKWAN AND WARD. § 1. The relation of guardian and ward, as it exists among white persons in this State, shall be subject, among persqps of color, to the jurisdic tion of the GfOfnary, with the right of appeal, as in other cities. " ARTICLE VL and servant. § 1. The contract—An infant may contract for service with the consent of the parent or guar dian, and a wife, with the consent of her bus band. They may db the same without such consent, when the parents of the child are both dead, and there is no guardian; when the pa rents, though living, are absent from the county, and have not made sufficient provision for the child until their return; when the wife has been abandoned by her husband, or he has been month absent from the county; and in such other cases as thacounty judge may, by Special order in such particular case, authorize and ap prove. The same circumstances that render a wife competent to contract for service, by herself, shall enable her to hire ont such of her minor children as reside with her. Any person who can and docs make a legal contract for service; Shall be competent to sue or be sued in relation to the same, and the proceeds ot such contract,jmess expressly made payable to another, shall Alongto such person; and he or she, though an iftfent or married woman, shall be liable for any breach or failure of duty. No court contract for service by an infant or married woman, shatt be avoided by reason of the party’9 disability to contract, unless the disa bility was known to the master at the time of the hiring, or unless itafes so obvious, or so notori ous in the neighborhood, as to leave no reasona ble excuse for ignorance. A servant of any age or sex hired by court contract not expired, diall be disabled from hir ing to a different master, without a written dis charge signed by the master, or Judge or Clerk of the County Court. Servants signing the same contract, except bus bands who sign with their {wives, and parents who sign with their minor children, shall not be bound one for another, unless it be so expressed but the contract shatt.be several as to each. A minor child hired out by a parent or guar dian under a court contract shall be subject to the process of the court so as may he necessary to compel such child \o perform any reasonable labor stipulated for in the contract, or other duty resulting from it. Bit nh onerous or unreasona ble service imposed upon a child, either by its own contract or that of a parent shall be en forced. No contract for service except in cases of ap prenticeship shall fend any colored person to serve for a longer period, than one year, nor for any term which is ^commence after six months from the date of the contract. The term wages, when used in a contract, or in the law touching master and servant, shall in clude not only money, but any other compensa tion to be made, or thing to be furnished by the master. The various rules of few touching master and servant, and especially the rules and regulations established by this system of laws, shall enter in to and become a partof each contract for service, unless an exception be made by express stipula tion. No written contractor service shall be invalid for want of form. Tne parties may state in their own way what their agreement is, and this, pro vided their meaning is intelligible, shall be suffi cient § 2. Domicil of Servant*.—The domicil of a ser vant hired by other tfeaa a court contract, is reg ulated by the general law. A court contract fixes the domicil of the ser vant in the county; where the services is to be per formed, from the period at which the service is to commence until that at which it is to termi nate ; and in the ratiqfcn no act of ihe servant, without a written dartmrge from his master, or from the Judge^ or Clerk of the "County Court, will effect a change of his domicil. Unless it is otherwise stipulated, the county in which a court contract is executed, is the one in which it is to be performed; and the master has no right to require theservaut to go to a different county except on such journeys as are usual and ordinary, in the class of business for waich the servant is hired. The removal of the master has no effect upon contracts for service except with domestic servants; and these have their election to remove with him to another county, or to re scind the contract and have their wages appor tioned. If they elect to go with him, the county of Ills new residence becomes that in which the remainder of the service is to be performed. In case the service under a court contract be so itinerant in its nature as to have no local re lationto one county more than another, then the master’s domicil, if within this State, shall be that of the servant, and if the master be non-resident, the domicil of the servant shall be decided by the general rules of law. § 3. Quarters and Lodgings of Servants.—To all domestic servants and to all farm servants and their families, unless the contrary be stipu iated, the master shall furnish suitable quarters or lodgings, and the material for necessary fuel. Such quarters shall nevertheless be deemed in the master’s possession, and a servant, on being discharged, or on ceasing to work, except for providential cause, or at the expiration of his term, shall vacate them immediately. If they are occupied also by his family, the family, too, shall vacate them at the end of the term; or in cose of discharge or cessation of work, as above, on five days’ notice. Any who remain contrary to this provision, may be treated as intruders or trespassers, and expelled by order of the County Court. If two or more members of a family be in the same master’s service, and occupying quarters furnished by him, and one of them be expelled by the master for a legal cause before the expiration of the term, the others may re scind the contract as to themselves, and have their wages apportioned at three-fourths of the contract rates for the time served out, and leave the premises also; provided that this privilege shall be confined to husband and wife, and to parents and their children under seventeen years of age, and provided, moreover, that it shall be exercised, if at all, within three days after the de parture of the expelled member. No member of a sevant’s family after convic tion of larceny or other offense involving moral turpitude, shall reside or come npon the master’s premises, without his consent. No servant or his family occupying Quarters on the master’s premises, shall receive as a visi tor or sojourner at such quarters, any person legally warned by the matter not to come there. If after notice of such warning, the servant or his family receive such pe»on, they may all be ejected by order of the Comity Court. A servant who has a lawful husband may be visited by him at her quarters at any hour of the day or night, and hejshallnot thereby become a trespasser unless he has been previous warned by the master or his agent. And if warning be given him, the servant shall be informed of it immediately, and she shall have her option to leave the service in five days and have her wages apportioned, and paid at contract rates, or re main and serve out her term without the privilege of receiving her husband os the premises. A master is responsibfo to the public for the orderly keeping of the booses occupied by ser vants upon his premises; aad when such houses become disorderly or ill-governed, in the terms of the penal lavra of this Slate, he may protect himself by causing the occupants to be ejected by order of the County C-osrt. § 4. Mutual defense of master and servant.— The relation of master and servant authorizes and jutifies the protection of each other to the fifilest extent For any act done by the com mand of the master, ia defense of toe master’s person, family, guests, agents, servants, premises or property, the servant shah not be liable civilly or criminally. It shall also be the master's duty to protect the servant from violence, in his pre sence, and he may reader him aid and assistance in obtaining redress for injfrry to his rights of person or property. § 5. Loss time, <$c.—For loss of time not caused by' the act of the master, aad for all losses what ever, occasioned by the nelligence or miscon duct of the servant, inst an) &ir deductions, to be determined by the County Judge, may be made from the wages. § 6. Food and other Neeesshnes—For food and other necessaries fornisbed \m the master while the servant is absent from work from any eause, like deductions may be made § 7. Medicine and Medical Attendance—With out his express engagement toe master shall not be bound to furnish the servant with medieine or medical attendance. § S. Class of Servaiit*—i: Servants . of all Work—*To these may. be . assigned any lawful work which the master; has. to Ho, , and the ser vant most 3o it to the best of UMkHlaiKl a’ —2. Farm Servants—To these'may be rant which is usually performed -by either a i shall exercise .a souqd discretion in approving ban dry—3. Domestic Servants—To these may be assigned any household labor or domestic duty of toe family (in the houseL yard, lot or garden, or at any other place or places,) appropriate to the age and sex of the servant, and which, in a well ordered family, is usually performed by any of its members, or by one or more servants—4. Special Servants—To these may be assigned all things pertaining to the special calling for which the servant is engaged, and which is usually done by a person whose pursuit in life is that calling. By special contract the sphere of a servant’s duty may be narrowed or extended as the par- § 9. Regulations for all Servants—Servants shall obey all lawful orders of the master, his family, and agents; shall be honest truthful, sober, civil and diligent.in business. On Sunday the servants will generally be en titled to leave of absence. But to take eare of toe premises or the animals thereupon, or on unusual occasions, or for work of daily necessity, as many of them as are indispensable may be kept at home a part of the day or in case of sick ness in the master’s family, all day. Where the number, health and capacity of the servants ren der it practicable, they shall do Stjpday work in turn. § 10. Farm Servants—On farms or in outdoor service, the hours of labor, except on Sunday, shall be from sunrise to sunset, with reasonable intervals for meals. The interval for dinner, unless otherwise agreed upon, shall be oue hour and a half each day, from April 1st to October 1st, and three quarters of an hour each day, during the balance of the year. Servants shall rise at the dawn of day, feed, water and care tor the animals on the farm, do the usual needful work about the premises pre pare tbeir food tor the day, if required, and begin tbeir regular work by sunrise. Work at night, or outdoor work in wetting rains, sleets or snows, shall not be exacted, unless in cases of necessity. The servant shall be careful of all animals and other property of bis master, and especially, of the animals and implements used by himself. It is his right and duty to protect these from in jury, and he is answerable for all property lost, destroyed, or injured, by his negligence or baa faith. The master or hi9 agent may give to a servant a task, which shall be reasonable. Failure to do a reasonable task shall be evidence of indolence; but a single failure shall not be conclusive. In the contract of hiring, the servant may be requi red to rate himself as a full hand or less, decrea sing by an eighth, a quarter, three-eighths, a half, &c., and according to this rate shall be the task assigned him, if any. B In controversies with a colored servant re specting a task, the burthen of proving it reason able shall be on the master, and persons of color as well as white persons shall be competent wit nesses. Quarters for farm.servauts and their families, unless it is otherwise stipulated, shall be furnish ed by the master. § 11. Domestic Servants.—It is the duty of this class of servants to be especially civil and polite to tbeir masters, that master’s family and guests. The performance of this duty entitles them to gentle and kind treatment, and such must be awarded them. Unless it be otherwise stipulated, domestic ser vants are to be lodged by the master, and boarded by him, subject only to the- deductions liereinbe fore provided for. § 12. Special Servants.—A servant, such as a cook, nurse, house-servant, laundress, carriage driver, &c., hired expressly for a special avoca tion, either singly or in combination with other work, shall, on first hiring to the given master, be considered as on trial for ten days; and at the expiration of that time, either party may give notice to the other of dissatisfaction, in which Case the contract shall be terminated at tbe end of five days more, wages at contract rates being paid for the service rendered. This section shall not operate, however, where there is an express agreement to the contrary. § 13. Discharge of Servants.—The master may discharge his servant for wilful disobedience to the lawful orders of hiniself, his family, or his known and recognised agent: for habitual negli gence or indolence; for drunkenness of lewd ness; for violating any penal law of the land; for gross disrespect or habitual incivility to him self, his family, guests, or agents; or for repeated or prolonged absence from the premises without permission. The effect of a discharge shall vary with the clearness and certainty of the evidence respect ing the cause of it. If the evidence clearly show r a legal cause, toe servant shall lose his wages; if it clearly show the absence of a legal canse, he shall recover the whole; and if it be doubt ful, the wages shall be apportioned; but the bur then of making a case of doubt shall always be upon toe master. Servants having their children with them on the master’s premises, shall control such chil dren and cause them to abstain from unpro voked violence, insult or impudence to any of toe master’s family, and to comply with all rea sonable rules and regulations of the establish ment; and any servant wilfully failing in this duty, after being requested to perform it, may, on five days’ notice, be discharged, and, by or der of the County Court, sent away from the premises-with his or her family. A servant dis charged for this cause, shall, unless found by the court to have encouraged the misconduct com plained ot, be entitled to three-fourths of the wages earned, up to the time of discharge, to be apportioned at contract rates.. . A servant hired by court contract, shall, at the expiration of his term, or on being discharged by consent of parties, be entitled to a written discharge from tire master, and the failure of toe master to give him such discharge within twen ty-four hours after a request to do so, shall sub ject the master to a forfeiture of twenty dollars, to be recovered at the suit of the servant in the County Court, and a discharge shall be issued by the Judge or Clerk of said court, at the mas ter’s costs. If a servant hired by court contract be dis charged without hi9 consent before the end of the term, he may proceed before the County Court for damages or for specific performance, or both, and if the master be found in default, and be ordered to take the servant back, and he refuse to do so, he shall pay, instanter, the whole of the wages due or to become due, or the equiv alent thereof, and the court shall give the ser vant a final discharge. If the servant, on the contrary, be found in default, and to have been discharged for legal cause, be shall forfeit his wages and make satisfaction instanter for any damages he may have occasioned by his breach of contract. The court, however, if the evi dence be not clear and satisfactory, may vary its orders to meet the apparent equity of the case. § 14. Withdrawal of Servants—A servant may withdraw from his master’s service for an insuf ficient supply of wholesome food, where it is the master’s duty by law or by special contract to furnish it; for an assault and battery by the mas ter or his agent upon himself or any ot his fami ly, or for violent and menacing conduct though short of battery; for debauching his wife or daughter by the master; or for failure to pay wages when doe. The effects of withdrawal, like those of dis charge, shall vary with the clearness and cer tainty of evidence. A legal cause clearly proven shall deprive the servant of none of his wages; toe abscence of a legal cause clearly proven shall work a forfeiture of the whole; and if the cause be doubtful under toe evidence the wages shall be apportioned. The burthen of making a case of doubt shall be on the servant. Alter a withdrawal under a court contract, either party may apply to the County Coart for redress, if a legal cause be found to exist, the court shall give the servant a discharge to ena ble him to procure other employment, and shall moreover compel the master to pay up his wages as they become due, and all damages caused by his breach of contract. If the servant be found to have withdrawn without legal cause, he shall, if the master desire it, return to toe service, pay all damages occasioned by his withdrawal, and be punished as for contempt if he again depart. If the master do not move for his return, the ser vant shall pay instanter all damage, as well as forfeit his wages, and until he pay the damage he shall receive no written discharge so as to procure other employment. For doubts upon tbe evi dence, toe court may vary toe orders in cases of withdrawal as in cases of discharge. §15. Character of Servant—The master of his family, in answer to inquiries touching toe char acter of any person who has been in bis service, may give the information sought, and the same unless false and malicious, shall be a privileged communication. Any master or any other person who shall wil fully misrepresent a servant with regard to moral qualities or to skill or experience, shall-be liable to an action for damages by any person aggrieved thereby. ARTICLE VII. MASTER AND APPRENTICE. §T. Parental Contracts—Any colored child under eighteen years of age, may, by whichever >arent has the legal control of him or her, be round as an apprentice to any respectable white or colored person, until he or she shall attain the age of twenty-one years, or for. any shorter pe riod. ■ Paupers.—Colored paupers,, under eighteen rears old, receiving relief from the public, may Ire bound oftt for the like term, by the Judge of the County Court. ■§ 3. Aprroval and Filing of Indentures.—Jl shall not be necessary for the apprentice, in any case, to sign the indentttres, tmt theyshaH be of no effect until approved by tfre Jucfee of toe any work appropriate to the age i ti, e [ County Court, and filed in his office. The Judge , indentures. §4. Duties Master.—^The masterr shall teach the apprentice the business of husbandry, house service, or some other useful trade or occupation, which shall be specified in the instrument of ap prenticeship ; shall furnish him wholesome food, suitable clothing, and necessary medicine and medical attendance; shall teach him habits of in dustry, honesty and morality; shall cause him to be taught to read English; aud shall govern him with humanity, using only the same degree of force to compel his obedience as a father may use with his minor child. § 5. Controversies Pending the Relation.—Of all controversies between the master and his appren tice pending the existence of the relation, the County Court may exercise jurisdiction, aud on complaint of either party and notice to the other, may cause justice to be done in a summary man ner. If toe master be in default, he shall be fined at toe discretion of the court; aDd if the apprentice, the court may order such correction as the circumstances may demand, not extending to cruelty. § C. Dissolution of the Relation.—By consent of the parties, the County Court may dissolve the relation at any time ; and at the death of the master, the court riiay either dissolve it, or snlt- stitute for the deceased a member of his family; in which event, the latter, by giving a written acceptance, shall thenceforth have all the rights, and be bound for all the duties of the original master. Dissolutions by consent, or for tbe death of the master, shall be subjected to the sound discretion of the court, as also shall be the selec tion of a successor to the master, from among the members of his family; but if no successor be designated, and his acceptance filed within one month, the relation shall no longer exist. The County Court may also dissolve the rela tion at the instance of the master, for gross mis conduct in the apprentice; or at the instance of the apprentice, or-any friend of his, for cruelty in the master, or for failure to furnish food, cloth ing, medicine or medical attendance, or for jeop ardy to the good morals of the apprentice, by reason of the master’s depraved conduct. § 7. Proceeds of Labor.—Allotcance to Appren tice.—To the master shall belong the proceeds of the apprentice’s felSprj but at toe expiration of his term of service, AMthful apprentice shall he entitled to a small allowance from the master, with which to begin life ; the amount to be left, in the first instance, to the master’s generosity.— If the master offer less than one hundred dollars, the apprentice may decline it, and cite the mas ter before a County Court; and the court, after hearing both parties, and their witnesses, if any, shall fix the sum to be paid, increasing or dimin ishing the amount offered, according to the mer its ot the apprentice, the means of the master, and the length and fidelity of the service. § 8. Master's Rights against Third Persons.— The master shall have a right of action against any person employing his colored apprentice, with notice of the fact, and the damages recov ered shall not be less than twenty-five dollars. ARTICLE VIII. CONTRACTS. § 1. Contracts by Colored Persons—The general law applicable to contracts, except where other wise expressly provided by this system of laws, is hereby extended to contracts made by persons of color among ; themselves, or with white per sons, or bodies corporate. This section shall re- troact upon all contracts made by colored per sons since the first day of June, 1865. § 2. Writings Executed by Illiterate Persons— No writing hereafter executed in this State, shall bind any party who signs the same by making his mark, unless said writing, in the attestation clause or elsewhere, specify, m the handwriting of an attesting witness, that it was read over in the hearing of such party. And no probate of a writing so signed, shall be sufficient to admit it to record, or for any other purpose, unless the same fact be also declared in such probate.— Provided, however, that this section shall not apply where it is made plainly to appear by di rect and positive evidence, that the party could easily read ordinary writing for himself, or that toe instrument in question, was in fact fully and correctly read to him at the time of its execu tion. §3. Court Contracts—Any written agreement for a term of service not exceeding one year, or for toe lease, rent, or occupation of lands, or ten ements, not exceeding a. like term, may, at toe option of the parties, be filed in toe office of the County Court, the patties, or either of them, re taining a duplicate if they so desire. An agreement thus filed shall be known as a Court Contract, and shall have the force and ef fect of a judgment or decree for the specific per formance of its terms, both as to the express stipulations and toe plain duties and obligations resulting therefrom by implication of law. Performance of these stipulations, duties and obligations, may-from day to day and from time to time, be enforced by the County Court, by or ders entered on the minutes for that purpose; which orders may be carred into effect by attach ment for contempt, or any other writ, execution, or process known to the law, and used in any court for affording redress to parties, or for main taining its own authority and dignity. Damages for a breach ot such contract may be awarded by similar orders, and payment thereof enforced by like means; and at the election of the part aggrieved, the contract may be declared rescinded, and such party restored to his original situation as nearly as possible. Any other order requisite to the attainment of substantial justice in the particular case, may also be passed and en forced ; the court always keeping in view, as car dinal points, that each party is to be compelled to perform his contract, or to forfeit for any ma terial default, the whole or a part of its benefits, and in addition thereto, to make full and fair compensation to the opposite party, tor any dam age occasioned by a breach thereof. In constru ing the contract, time is to be regarded as of the same. Unless rendered impossible by the act of God, or tire act of law, whatever is stipulated to be done by either party, must be done at the very time or times specified. At the expiration of the term fixed by the contract, the relation established thereby shall cease, without notice to or from either party.— The power of the County Court, by appropriate orders, to compel payments, or to award and col lect damages, or to place the parties in their for mer situation,shall nevertheless continue, subject only to the condition that any order for one or more of these purposes, shall be applied for with in two months alter the expiration of the time limited in the contract for its full and final per formance. Breaches not thus provided for,' may be the subject of regular suit or action at any time within the 'statutory period applicable to similar actions on other contracts. Every court contract shall be attended witli the following incidents: Wages or rent stipu lated for therein, and orders by the County Court for damages, shall be preferred tb all other debts or liabilities of toe party whatso ever; the costs of the proceeding, and public taxes excepted. In cases. of toe party’s death} his funeral expenses and those of his last sick ness shall also be excepted. This preference shall date from the filing of the contract, and prevail as to all order founded. thereon, but not so as to restrain the bona fide sale of property, for a valuable consideration, except from the date of the orders thrahselves. The orders, whether for wages, rent or damages, shall have a lien upon all the property, real or personal, of the paity, and no part, thereof shall be exempt from levy and sale for their payment or satisfac tion. The proceeds of the contract shall flot be subject to garnishment, except for costs accruing in the County Court, No contract shall be filed as a court contract without the consent of both parties, which must be Expressed therein, or midoreed thereon snd signed. . ; <■■■■' If either party be a person of color, the Judge or Clerk of the County Court shall, before filing the contract, read it over distinctly in llie hear ing of such party, and see that he both under stands and assents to its terms. If npon either of these points, the officer is not fblly satisfied, he shall decline to put the instrument on file. Each contract shall be numbered in its proper order, at toe time of filing, and noted in the index. The date of the filing shall be endorsed on the contract, and tbe endorsement signed by toe Judge or Clerk. An alphabetical index of all court contracts shall be kept, in which the names of all the par ties to each contract shall be entered under the appropriate initial letters, with a reference to the number of the contract. This index shall re main in the office of the County Court, and be subject to inspection by the public. If the contract relate to service, it shall be filed in the county where the service is to be rendered, or where the master resides; and if to the occu pation of land, in the county where thefend.lies. Upon a change of the master’s residence, or of the service, from one county to another, a certi fied copy of the contract may, .by either party, be filed in the office of toe County Court of such other county, and in that event, the court in the latter county shall be the one in which, to, con duct all subsequent proceedings. A court contract may be set aside in the County Court for fraud, by a direct proceeding for that purpose; or it may be collaterally impeached for fraud, either in -that court.or any other. The remedy in the Coynty Court on court con tracts, fe not exclusive, but enhralative only. • ARticjffiik 1 WILLS, ADMINISTRATION, DISTRIBUTION OF ES TATES, etc; § 1. The laws of this State' which regnlate Wills, Executors; Administrators/ the ffistribn- tion of estates,-anti >be.. rights *«nd remedies of legatees and distributees, relating both to the es tate and intestate estates, of white, .persons, shall hereafter be applicable ttf the 7 estates of colored persons, except that for the purpose of saving ex pense and delay; m all cases where a colored person may die testate, and the executor fails or refuses to qualify, or where such person shall die, intestate, and the whole estate, in either case, ac cording to the best estimate which the Ordinary Can from the report made to him, does not exceed one hundred dollars in value, that officer may dispense with the rules of advertisements, and other formalities required. by the law, and may cite all the next of kin, above tbe age of eighteen, Of whom he can obtain information, to"appear before him, on a day to be fixed by him, within such number of days not exceeding thirty, as in his judgement the circumstances render proper, and then and there, having refer ence, as nearly as possible, to the rules^ which regulate the grant of administration in this State, lie may appoint an administrator of said estate. Such administrator shall in all respects be gov erned by toe laws of this State, which regulate the administration and'distribution of estates. § 2. If none of the next 'of kin, nor any credi tor of an estate of a person of color, shall be found, qualified, in the opinion of the Ordinary, proper ly- to administer said estate, then a person not a member of family, nor a creditor may lie ap pointed. ARTICLE X. FENAL LABOR ON PUBLIC WORKS. § 1. From and after the passage of this act, the following crimes, to-wit: simple larceny, if a fel ony ; larcenv from the house, of a chattel of less value than due hundred dollars; vagrancy; and receiving stolen goods; and also attempts to com mit the folloyving crimes, to-wit: robbery, bur glar}-, larceny from toe bouse, and arson, shall be punished by confinement at hard labor on the public works 'or public property, instead of by confinement in the Penitentiary. And in all other eases where by law confinement in the Pen itentiary is prescribed as a punishment, the court, in its discretion, may sentence the convict to con finement at hanl labor on the public works or property; Provided, that notwithstanding crimes, or attempts to commit crime, shall be classed as felonies. §3. The term of labor on the public works shall conform, in all cases, to that of labor in the Penitentiary, now prescribed in like cases. § 3. The Governor, in his discretion, may com- mute the punishment of any convict sentenced to labor in the Penitentiary to labor on the public works, either for a part or the whole of the term of punishment. § 4. It shall be lawful for the Governor, in his discretion, to appoint, at convenient places in the State, convict stations, to which convicts sen tenced either to the Penitentiary or to labor on public works may be immediately sent by the Sheriffs of the several counties, and be there re ceived and kept at the expense of the State in the manner and by the officers prescribed by the Governor, until delivered to the proper custody for labor. Until such stations are appointed, convicts sentenced to labor on public works shall be kept in custody and transported to such field of labor as the Governor or General Superintend ent may direct, in the same manner as those sentenced to the Penitentiary. § 5. A General Superintendent of convicts shall be appointed by the Governor, subject to removal, and shall receive a safety of dollars He shall have power, subject to the approval of the Governor, to appoint such Assistant Super intendents as may The found necessary, and to fix their compensation, and to employ such guards and subordinate officials ns necessity may require, -all of whom shall be subject to removal by the General Superintendent. § 6. Any convict sentenced to labor on public works, may be employed by the General Super intendent, subject to the direction of the Gover nor, at labor on toe Western and Atlantic Rail road, or any other property of the State, on the public roads and bridges, or at any othor labor for the benefit or profit ot the State. § 7. The Governor and General Superinten dent shall have the power, subject to modifica tion or repeal by the General Assembly, to frame such regulations for the control, management, and employment of such convicts, as shall be ne cessary and proper. § 8. Under toe supervision and subject to the discretion of toe Governor, the General Superin tendent may at any time, farm out the term of labor of any convict, to any Railroad, Canal, Turnpike, Manufacturing or other Company, or to any private person. He shall take bond with security for the humane treatment of the convict, and lor his proper supply of food and clothing. A failure to comply with these requirements shall not only forfeit the bond of the contractor, but shall annul his right to the continued labor of the convict. The Governor, on receiving proof satisfactory to himself of toe contractors default, may immediately ordei^thc return of the convict to the custody of the General Superintendent of convicts, aud may order suit on said bond. He may also, in liis discretion, direct that the con- . tractor be persecuted for ^ violation ol the laws of this State. If any convict so hired out* shall refuse or neglect to do lawful work, which is not disproportioned to his health and strength, or otherwise violate lawful roles or orders, he slial 1 be reported to the General Superintendent, or any of his Assistants, or the nearest County Judge, who, if satisfied of the fact, shall order to beinflicted on such convict, such corporeal punish ment, not endangering life or limb, as ia usually inflicted in the Penitentiary of Georgia. § 9. Whenever, by any court having criminal jurisdiction any person shall be sentenced, under the laws of this State, to a term of labor, and said sentence does not specify that such labor shall be in the Penitentiary or on the public works and property of the State, toe County Judge may, under rules and regulations to be made, and modified or altered from time to time by him,, with the concurrence of a majority of the Justices of the Inferior Court, assign the said convict to labor on the roads, bridges, or otber property of toe county, or on the streets, or pro perty of any corporate city or town therein; or the County Judge may, under rules and regula tions, (in like manner established,) manage, assign, and dispose of such labor for the best interests of the community, always having in view the ob jects of the sentence, and the principles of justice and humanity. A copy of the rules and regula tions of such county, established as aforesaid* shall be furnished to the Governor, and be sub ject to revision by him. The said Judge and Justices shall see that proper and sufficient food and clothing are supplied to such convicts. If any such convict, being able, shall refuse to do lawful labor, or otherwise violate lawful rules and orders, the cape shall be reported to toe County Judge, who may, in his discretion enforce obedience in the manner specified in the latter part of the eight section of this article. § 10. The terms ‘‘hard labor” or “labor,” when used in any penal act, without specifying labor in the Penitentiary or on the public works, shall signify either labor on the public works or property, or labor under the discretion of the County Judge, as provided in this article; and toe court before which the case is tried, may in its discretion, sentence the convict to either of these tbree classes of labor. § 11. The offenses described in sections 4878, 4379, 4381,4384, and 4385, of the Code of Geor gia, in relation to persons sentenced to toe Pe- nitentiary, or guilty of offenses punishable by imprisonment in the Penitentiary, are declared to be offenses when committed in relation to persons sentenced to labor on. the public works and property, or guilty, of offenses punishable by such labor, and persons guilty of the same shall be punished, on conviction, by imprisonment and labor in the Penitentiary, or by labor on the public works* and property, at the* discretion of tbe court, and for such terms as are provided for tbe like offenses, in said sections of the Code. ARTICLE XI. OFFENSES RELATIVE TO PEftSONS OF COLOR AND OTHER OFFENSES BY WHITE PERSONS. §1. The Thirteenth Division, Part 4, Title 1, of the Code of Georgia, concerning offenses rela tive to slaves, being from Section 4487 to Section 4515 inclusive, is hereby repealed. § 2. Offenses committed by white persons against the persons or property of persons of color, except when otherwise herein provided, shall have the same definitions, and be subject to the same laws, as to trial and punishment, as if committed againt white persons. § 3. In ail offenses which require the concur rent action of two or. more, committed by white persons and persons of color jointly, the offend ers may be separately tried and punished accord ing to the provisions of law for each class of such offenders. J 4. Whenever the penalty prescribed for any use is death, it' may be cotnmntcd into im prisonment for life in the Penitentiaiy, or hard labor for life, on the public works or property, in the following eases : 1st. By sentence of the presiding Judge, if the conviction is founded solely on circumstantial evidence, orif the jnry trying the case shall so recommend. In the former case it is discretion ary with the Judge, in the latter it is not. 2d. By commutation of the Governor. 3d. By act of tjie General Assembly. S 5. Any person who sells or delivers to any other person, not a druggist, or practising physi cian, unless upontlte prescription of a physician, any arsenic; strychnine, prussic acid, aconite, or Other virulent poison, shall make or cause to be made a written note of the fact, entering thereon the name and residence of the person (o whom the sale or delivery is made, the. date thereof, and ti»e name and quantity of the drug so sold or. delivered, and shall within Thirty days there after file such written note in the office of the County Judge. Any person who fails or refuses to comply with the provisions of this act, shall be guilty of a misdemeanor,'and on conviction thereof, shall be fined or imprisoned in the common jaitot the eountyvat toe discretion of the court ; Pro vided, That if any sncli poison be sold or deliv ered with the intent or knowledge that such poison is to be maliciously administered to any