Ne exeat, &c., Forma Pauperis, Juries. 4. A complainant in equity may dismiss his bill at any time, if defendant is not prejudiced. 20 Ga. Rep. 20. 5. If two are necessary defendants and live in different counties, the bill may be filed in either county.-Idem. 645. (No. 79.) An Act to amend an Act entitled an Act to authorize the Judges of the Superior Courts of this State to appoint receivers during vacation, and to require the complainant in all cases asking for writs of ne exeat quia timet, and all applications asking for the appointment of a receiver, or for injunction to give bond and security to the respondent for any loss or damage which he or they may sustain by the suing out said writs, and for other purposes, approved March 4th, 1856, so as to allow the issuing any of the aforesaid writs, upon the applicant making oath, that from his poverty, he is unable to give such bond and security. afidavit of give bond 64. Section I. The General Assembly of the State of Georgia do complainʼat enact as follows: That said Act be so amended that any of the writs mamake therein mentioned shall issue, upon complainant attaching to his inability to bill an affidavit that he is advised and believes that he has a good and security. and legal cause of action, and that from his poverty, he is unable Then write to give the bond and security required by such Act. 65. SEC. II. (Repeals conflicting laws.)* Assented to December 22d, 1857. See Act of which this is amendatory, Acts of 1855–6, p. 219. For Act regulating the issuing of injuctions, see Act of 1511, Cobb's Dig. 523, &c. For Act regulating issuing of ne exeat quia timet, &c., see Act 1813, Cobb's Dig. 525. DIVISION VI. JURIES. Sec. 66. Foreman of Grand Jury authorized | Sec. 67. Repealing clause. to administer oath to witnesses. (No. 80.) An Act to authorize the Foreman of Grand Juries to swear witnesses. to issue with out it. Foremen of empowered 66. Section I. Be it enacted, That from and after the passage of, this Act, it shall and may be lawful for the Foreman of each Grand Grand Juries Jury in this State to administer the oath now prescribed by law, to to adminisany and all witnesses who may be required to testify before Grand ter the oath Juries in this State.*+ 67. Sec. II. (Repeals conflicting laws.) Assented to December 21st, 1857. See title Justices' Courts, Nos. 86 and 87. For oath to be administered to witnesses going before Grand Jury see 22d section of 14th division of Penal Code, Cobb's Dig. 836. SUP. C'T DECIS.-1. In all cases of presentment or indictment, the only oath lawfully administered to witnesses before the Grand Jury, is the one prescribed by the Code. Ashburn vs. the State, 15 Ga. Rep. 246. 2. If the oath of the witnesses be materially different from this, the indictment ought to be quashed or dismissed. Idem. 3. If a juror has been set down by mistake as disqualified, the mistake may be correc ted. 19 Ga. Rep. 102. to witnesses. dorser afidavit and Sureties and Endorsers. 4. Proof by one witness of an expression of opinion by a juror is rebutted by a juror's oath. Idem, ubi supra. 5. A correction of the jury list by the Court, must be objected to at the time, and is no ground for new trial. Idem 192. 6. The fact that the judge reprimanded a jury taken from the same list for a former verdict of acquittal, is no ground of error, there being no challenge of the array for that cause. Idem 425. 7. In selecting a jury from the two panels, the prisoner is entitled to seven strikes, he beginning and ending. Idem, ubi supra. 8. "Trial by jury as heretofore used," means only trial by jury, as distinguished from other modes of trial. Idem 614. 9. Object of Act of 1856, in relation to impaneling jurors. 20 Ga. Rep. 60. 10. Grand Jurors not sworn at the term liable to serve on criminal cases. Idem. 12. Juror may be excused for deafness. Idem 156. DIVISION VII. SURETIES AND ENDORSERS. ted to judgment and controlled against prior endorser, &c. Bec. 69. Surety, &c., to make affidavit that | Sec. 71. In such case, suit may be prosecu 70. Payment by surety, &c., pending suit, not to be pleaded as bar to 44 (No. 81.) 72. Surety paying off debt, pending suit, may prosecute to judgment against co-sureties. 73. Surety, &c., paying off execution returned nulla bona, subrogated to rights of plaintiff. An Act for the protection of securities and endorsers, and to authorize the issuing of bail process in certain cases. 68. Section I. The General Assembly do enact, That when a seBarety oren-curity or endorser shall make an affidavit before any Judge, Justice make bail of the Inferior Court or Justice of the Peace, within this State, that apprehend. he is security or endorser upon any promissory note, single bill or due bill or bond, and that he apprehends that the payment of said debt or some part thereof, will devolve upon himself if the principal is And present not held to bail, and present the same to the owner of said note, of bill, etc. single bill or due bill, or bond, his agent or attorney, it shall be the duty of said owner to commence suit forth with, and such affidavit shall take the place of the one now required of plaintiff, upon which bail process shall issue, and all other proceedings shall be the same as are now authorized in bail process. [cases?] to owner Owner to commence with. forth se, surety 69. Sec. II. That upon failure of the owner of said promissory Pailing to note, single bill or due bill, or bond to sue as herein before required, and endorser the security or endorser shall no longer be held liable for the same, all laws to the contrary notwithstanding.* discharged. ASSENTED to December 224, 1857. See No. 76, for Act regulating bail in civil cases. By Act of 1831. Cobb's Dig. 590, the endorser or security might, at any time after the note, &c., became due, require the holder to commence suit on it, and if he did not do so within three months, such endorser, &c., were no longer liable. See also Act of 1826, Cobb's Dig. 595. SUP. C'T DECISs.-Notice by an endorser to sue, given to an agent who has no authority but to receive the amount due, and that is made known to the endorser, is not such a notice to the "holder," under the statute, as will discharge the endorser. 22 Ga. Rep. 24 Sureties and Endorsers, &c. (No. 82.) An Act for the relief of sureties, endorsers and guarantors in certain cases therein mentioned. endorser &c cannot be of suit. 70. Section I. Be it enacted, That when any surety, endorser or Payment by guarantor, in any action against the principal or principals, and such pending suit surety, endorser or guarantor shall pay the amount due to the plain- pleaded by tiff, pending such action, such payment shall not operate as, or be prin. in bar plead by the principal or principals in bar of said action, but the suit to prosaid action may be continued in Court, notwithstanding such pay-ceed in name ment, and be prosecuted to final judgment against the principal or prin. for use principals, in the name of the plaintiff, for the use of such surety, ete. endorser or guarantor. of endorser, pending suit prior endor 71. Sec. II. Be it further enacted, That in all cases of payment Payment by by an endorser or guarantor, pending the action as provided in the endorser ete. foregoing section, where there are prior endorsers or guarantors, and there are joined as parties defendants, said endorser or guarantor shall be en-sers, etc. suit titled to prosecute the action to judgment, and control the same, vs. prior enwhen recorded against such prior endorsers or guarantors as well as doser, a against the principal or principals, as provided in the foregoing sec- principal. tion. may proceed as well as vs. ment vs. CO 72. Sec. 111. Be it further enacted, That in all cases of payment surety payby a surety, pending an action where co-sureties are joined as par- ing pending ties defendants, such surety shall be entitled to prosecute the same trol of judg to judgment, and control said judgment when recovered against his surety, for said co-sureties for their proportional liability of the debt or contract on which said judgment may be recovered, and of the costs of the action. contribution dorser, ete returned "no " 73. Sec. IV. Be it further enacted, That where any surety, en- Surety, endorser or guarantor shall pay off and discharge any execution paying off against the property of principal and surety, or principal endorser execution or guarantor, in such case upon the return of said execution to office, property with the return of "no property," by the levying officer, such per- rogated to son so paying off the same, shall be subrogated to all the rights of or plaintiff. the plaintiff.* Assented to December 21st, 1857. REF. NOTE.-By Act of 1820, sureties of executors, &c., paying off execution, had control of same, to remunerate themselves. Cobb's Dig. 481. By Act of 1826, sections 1-2, Cobb 498, surety upon the appeal first paying up execution against him. as such, has control of the one against principal, appealing, until it is satisfied. Act of 1839, Cobb 500. The same Act, sec. 3, Cobb 593, gives the same right to control execution to surety on stay of execution. Sec. 4, of same Act, Cobb 593, extends the same right to sureties generally. See also Act of 1810, Cobb 592. Act of 1831, Cobb 595, requires that surety shall satisfy the Court that he was only surety on the note, &c. See also Act of 1845, Cobb 599. By Act of Dec. 22d, 1840, Cobb 597, surety discharging fi. fa. may have control of it against his co-sureties when they are sued in the same suit. By Act of 1850, sec. 1., Cobb 600, when separate actions brought against surety and principal, surety paying off judgment against himself as such, is entitled to control judgment against principal. By 3d sec. of same, when co-sureties are sued separately, and one pays off judgment against himself, as such, he has control of the judgments against the others. See also Act of 1850, Cobb 599. By Act of 1839, sec 1, Cobb 596, bank endorser discharging execution to have control of the same to reimburse himself against principal and prior endorsers. By Act of 1850, sec. 4, Cobb 600, same right given to endorser against principal and prior endorser, when all the rights of Criminal Courts of Atlanta, Columbus and Rome. sued separately. By Act March 1, 1856, Acts of 1855-'6, p. 227, endorser, whether sued separately or together with principal, &c., upon paying the fi. fa., is entitled to control it against principal and prior endorsers, &c. See Act of 1811. sec. 16, Cobb 645, and Act of 1816, Cobb 618, giving such control to surety in Justices' Courts. Sup. C't Decis.-A surety paying off a part only of a judgment is not entitled to the control of it. 20 Ga. Rep. 90. Judgment against principal and sureties jointly-sureties paid off fi. fa., and an entry to that effect was made thereon. Held, that the sureties had no right to return the fi. fa. and sue out a ca. sa. and arrest the principal thereon. 21 Ga. Rep. 139. Pending suit against a principal and endorser jointly, the endorser paid the note. Held, that this payment was a bar to the further prosecution of the suit, even for the benefit of the endorser. 21 Ga. Rep. 195. Act March 5th, 1856, re Atlanta. Unfinished be transfer'd to Fulton Sup'r Ct. DIV. I. CRIMINAL COURT OF ATLANTA. See. 74. Criminal Court of Atlanta, Sec. 75. Unfinished business transferred abolished. (No. 83.) An Act to repeal so much of an Act, approved March 5th, 1856, entitled an Act to organize and establish a Criminal Court in the Cities of Columbus, Macon, Atlanta and Rome, and to define its jurisdiction, as relates to the City of Atlanta, and for other purposes. 74. Sec. I. Be it enacted, That so much of the above recited Act pealed as to as relates to the city of Atlanta, be and the same is hereby repealed. 75. Sec. II. And be it further enacted, That all business in said business to Court, undisposed of, be transferred to the Superior Court of Fulton county, which shall have jurisdiction of the same, and be there disposed of, and that the balance of the fines and forfeitures, after the payment of all cost and other expenses growing out of said how dispos- business, be paid into the city Treasury, in Atlanta, and paid over to the petit jurors according to a recommendation of the grand jury, as heretofore made in said City Court pro rata. Fines etc., ed of, 76. Sec. III. (Repeals conflicting laws.)* Assented to December 22d, 1857. REF. NOTE.-For Act establishing Criminal Court in Atlanta, see Acts of 1855 and '56, p. 245, the 22d sec. of the Act. Criminal Courts in Columbus, Macon, Atlanta and Rome. DIV. II. CRIMINAL COURTS OF COLUMBUS AND ROME. SEC. 77. Act of March 5th, 1856, establishing Criminal Courts in Columbus and Rome, repealed. (No. 84.) An Act to repeal so much of an Act entitled an Act to organize Act of Mar. pealed so far 77. Sec. I. Be it enacted, That from and after the passage of this Act, so much of the above recited Act as relates to the establish- 5th, 1856, rement of a Criminal Court in the Cities of Columbus and Rome, be and the same is hereby repealed. Assented to December 21st, 1857. See for establishment of Criminal Court in Columbus, Acts of March 5th, 1856, (Acts of 1855 and 56, 240.) sections 1st to 15th inclusive. As to Criminal Court in Rome, see same Act, sections 17th to 21st, inclusive. DIV. III. CRIMINAL COURT OF MACON. Sec. 78. Criminal Court of Macon, abolished. (No. 85.) An Act to amend an Act entitled an Act to organize and establish a Criminal Court in the Cities of Columbus, Macon, Atlanta and Rome, and to define its jurisdiction, approved 5th March, 1856.* as it relates to cities of Columbus and Rome. 16th sec. of 78. Sec. I. Be it enacted, That the sixteenth section of the above recited Act, establishing a Criminal Court in the city of Macon, be Act of 5th of and the same is hereby repealed. Approved 16th of November, 1857. *See Acts of 1855 and '56, page 245. By the 16th section of Act of 5th March, 1856, a Criminal Court was authorized to be established in the city of Macon. March, 1856, repealed. |