Jurors-Execution. tion with the Justices of the Peace in drawing Juries be, and the not to assist same is hereby repealed. in drawing juries. Justices of the Peace 7. Sec. II. That the Justices of the Peace in each district shall have full power to meet and revise the Jury box, and draw Juries for their Courts without the presence of the commanding officer of alone to said district.* 8. Sec. III. (Repeals conflicting laws.) Assented to December 21st, 1857. *See next act, requiring two freeholders to assist the Justices in drawing juries. See for 8th section of Act of 1911, Cobb's Dig. p. 643. (No. 90.) An Act to alter and amend the eighth section of an Act passed the 14th December, 1811, so far as relates to drawing Jurors in Justices Courts by the Justice or Justices residing in each Captains' district, in conjunction with commanding officers of said district. draw. the Peace holders may 9. Section I. Be it enacted, That from and after the passage of Justices of this Act, the Justice or Justices residing in each militia district, in with 2 freeconjunction with two freeholders of said district, shall draw Jurors in draw junes Justices Courts of this State, as now provided by law.* 10. Section II. (Repeals conflicting laws.) Assented to December 22d, 1857. *See last Act No. 89. See for the 8th Sec. of Act of 1811, Cobb's Dig. p. 613. SUP. Ct. DECIS.-Justices of the Peace are not bound to give the law of a case, on trial before a jury in their Courts, in charge. 21 Ga. 192. Neither are the juries bound by the charge of the Justices, but are bound to render verdicts according to the rules of law and errity, applicable to the case before them, and if they violate these, their verdicts may be set aside. Idem. ART. IV. EXECUTION. Sec. 11. Deft. in Justice's Court may stay, Sec. 12 Repealing clause. execution sixty days. (No. 91.) An Act to amend the second section of an Act to raise the jurisdiction of the Justices of the Peace, approved March 5th, 1856.* for Just.Ct, tion in Just. 11 Section 1. Be it enacted, &c., That from and after the pass- Deft. may age of this Act, when any person shall be sued in a Justices Court, stay execu and a judgment obrained against the party defendant, the defendant Ct. 60 days, within four days after the adjournment of said Court, upon paying all cost that may have accrued, and giving good and sufficient security for principal and intertest involved in the case, shall have the right to stay the execution sixty days. 12. Sec. II. (Repeals conflicting laws.) Assented to December 224, 1857. *See for Act of which this is amendatory Acts of 1855–6, p. 251, by which defendants in judgments for $31 or under, might stay execution 49 days, and when judgment was over $30) and not rare than $50, might stay sixty days. See also 1st Sec. of Act of 1811, (Cubb's Dig. p. 639.) Land Warrants-Land Books, &c. Preference sons in pos plying for An Act to amend an Act assented to February 17th, 1854, entitled an Act to secure a preference to persons in possession in applications for Grants under the laws pertaining to Head Rights. 1. Section I. Be it enacted, That from and after the passage of given to per- this Act, any person having possession of ungranted land, shall session ap- have a preference over all other persons applying for a warrant of warrant of survey under the laws pertaining to Head Rights, and before any such warrant of survey shall be issued, ten days notice shall be served upon the person in possession of the intended application, notice of ap-and describing the land to be surveyed, [served] by the county surveyor of the county where such lands are situated. survey, &c. Ten days plication, Sec. of State tach seal. Grants, 2. Sec. II. And be it further enacted, That the Secretary of State shall not attach the Seal of the State to any grant under head when to at-rights until the applicant shall furnish the certificate of the surveyor of the county where the land lies, stating that the notice herein required has been given, or that no person other than the applicant when void. for a grant is in possession of the land proposed to be granted, and all grants issued without a compliance with this Act shall be void. to land out Provided, nothing herein contained shall be so construed as to apnor to form'r ply to any land not in possession of any other person than the applicant, and shall not apply to any surveys heretofore made. Not to apply of possessi'n surveys. Compensa tion for 3. Sec. III. (Repeals conflicting laws.)* Assented to December 22d, 1857. *See Act of which this is amendatory, Acts of 1853-4, p. 75. By which Act the ten days notice was to be served on the person in possession by the Sheriff, and the Sheriff was to certify the fact. See for previous legislation on this subject the compiler's note to Act amended by this as above. (No. 93.) An Act to allow compensation for transcribing the Numerical Land Books of the Executive Department. 4. Section I. Be it enacted, That when the numerical Land transcribing Books in the Executive Department, or so many of them as may be Book, necessary to transcribe, shall be copied and accurately compared, Num. Land Reporter of daily proceedings. to commitee and such accuracy duly certified by persons adjudged by the Governor fully competent and reliable, the Governor is hereby author- To be refer'd ized to refer the work to three or more disinterested and suitable of three. persons to determine on the necessity and value of the same, and if he approves their determination as to any amount agreed upon or set apart, he shall draw his warrant in favor of the persons executing the work, for said amount. Approved December 16th, 1857. Gov. to draw his warrant. TITLE XX. LEGISLATURE.* Sec. 1. Treasurer to pay members and offi- | Sec. 3. Cl'ks of Senate and House of Rep., cers according to the lapse of how appointed, Clerks allowed Sec. of Sen., Cl'ks of Clk. of H.R. 4. No of 'Cl'ks may be increased by resolution of either House. Sec. 5. Repealing clause. (No. 94.) An Act to authorize the State Treasurer to make certain advances. Treasurer 1. Section I. Be it enacted, That the Treasurer be, and he is hereby authorized to pay to the members of the present General authorized Assembly, and officers of the same, an amount corresponding to the to make cerlapse of the session, when the member or officer shall apply, at the vancements, per diem allowed at the last session.† Approved November 17th, 1857. For per diem allowed members of the Legislature referred to in this Act, see general appropriation bill, section 9, of 1856, Acts of 1855-6, p. 20. For money appropriated to pay the per diem and salaries of the officers of the Legislature of 1857, see Title Appropriations, No. 9. (No. 95.) An Act to repeal an Act passed and approved March 4th, 1856, to employ a competent Reporter, of the daily proceedings of both branches of the General Assembly, and cause a copy of the same each day to be furnished each Senator and Representative. tain ad 4th, 2. Section I. Be it enacted, That from and after the passage of 4, 1956, ch this Act, the above recited Act shall be repealed and of no effect, to providing for authorize such service and printing.* All laws to the contrary not- er repealed, withstanding. Assented to December 21st, 1857. *See Acts of 1855-6, p, 268. Number of Clerks allowed in each House. (No. 96.) An Act to regulate the mode of appointment and number of subordinate and assistant Clerks in the Senate and House of Representatives of the General Assembly of Georgia. 3. Section I. The General Assembly of Georgia enact, That Cks of Sen the Secretary of the Senate and Clerk of the House hereafter electhow appt'd ed, shall have power to appoint their assistant and subordinate Clerks, in the following manner: and H. Rep. ed Bec'y of The Secretary of the Senate may appoint, at the commencement C's allow of the session for which he is elected, one reader or assistant Clerk Senate. at the desk, one journalizing Clerk, and two enrolling and two engrossing Clerks; one recording Clerk and assistant. ed the Clerk The Clerk of the House may appoint at the same time, for the C's allow business of the House, one reader or assistant Clerk at the desk, one of the House journalizing Clerk, and three enrolling and three engrossing Clerks, one recording Clerk and assistant. of Rep, creased by House of Rp. when in No. of Cl❜ks 4. Sec. II. And be it further enacted That if at any time dumay be in ring the session, the business of the Secretary or Clerk's department resolution of requires the appointment of additional Clerks, it shall be the duty or Senate, of said Secretary or Clerk to apply to their respective Houses for crease of bu- leave to appoint the same, and in the event the same may be deemsiness may ed necessary, such body may, by resolution, authorize the appointment, but in every case said resolution shall specifiy the number so authorized to be appointed; and no Clerk or Clerks shall be allowed Compensa'n compensation in either the Secretary or Clerk's department, beyond the number specified in this Act, and such additional Clerk's as may be appointed as prescribed herein. require it. 5. Sec. III. (Repeals conflicting laws.) An Act to alter and amend the sever al Acts heretofore passed for the establishment of the State Lunatic Asylum, designation of individuals subject to be committed, forms of commitment, &c., and also to appropriate money for the completion of improvements in progress at the Asylum, and for other purposes. nate has suf ficient estate to defray ex. and guard'n 1. Section 1. Be it enacted, That when, in the opinion of the When an inTrustees of the Lunatic Asylum, any inmate has sufficient estate to defray the expenses of said inmate and the guardian or administrator or trustee, or any other person having such estate in hand and refuses to refusing to defray the expenses of said imate, then, in that case, Trustees of the trustees are hereby authorized to bring suit in their name for a Lan. Asy. sufficient amount from year to year, as will be necessary for the sup- soil vs. Buch port of said inmate. pay expen'es may bring guardian &c. recessary to autho'ze the reception of any person, mate. 2. Sec. II. And it is further enacted, That in case of insane per- Evidence sons, whose friends purpose paying the usual regular charges for board and all other expenses in the Asylum, the certificate of any three respectable regular physicians, well acquainted with the per- etc., as an inson alleged to be insane, (or when that is not attainable, such certificate from one regular physician and two other respectable citizens,) shall be regarded sufficient evidence to warrant the reception and detention of such person in the Asylum. Provided, Previso. that no demand by the person alleged to be a lunatic, or by his or her friend or relative, shall be made for the trial of the question of lunacy, by a jury, as now prescribed by law. But nothing shall be Shall have construed to prevent a jury trial when asked or demanded, whether when asked such demand be made by the lunatic or by any relative or friend of Either by his, and whether such demand for a jury trial to try the question of lunatic or See title Appropriations, No. 9, Sec. 3d, of General Appropriation. Act for money appropriated to pay salaries of Superintendant, Resident Thysician, &c., and for support of pauper inmates for year 1858. jury trial for. triend. |