propriated. Objects for which the appropriat'n is made. Appropriations to, &c. lunacy be made before or at any time after the arrival of such lunatic in the said Asylum. 3. Sec. III. And be it further enacted, That the sum of fifty-two $52.500 ap- thousand five hundred dollars be and the same is hereby appropriated to supply the means of paying balances that will shortly be due on contracts now in process of fullfilment, and for procuring and establishing the necessary arrangements for heating and ventilating the entire institution, upon the most approved plans, for furnishing and distributing an abundant supply of water, hot and cold, for water closets, baths, and security against the ravages of fire, together with the most advantageous arrangements for cooking, washing, &c. priated to 4. Sec. IV. And be it further enacted, That the sum of seven $7,500 appro thousand five hundred dollars be and the same is hereby approprichange roofs ated for changing the construction of the roofs of the old buildings, covering those buildings with mastic, and otherwise rendering them comfortable [conformable?] in arrangements and appearance with the new structure. priated to 5. Sec. V. And be it further enacted, That the sum of five thou$5000 appro- sand dollars be and the same is hereby appropriated for the purpar. furni're. chase of such suitable furniture as may be necessary for the offices and public rooms in the center building, and for a portion of the rooms, to be occupied by the better classes of patients. for making 6. Sec. VI. And be it further enacted, That the sum of six $6000 appr. thousand dollars be and the same is hereby appropriated to enable brick to build the authorities of the Institution to proceed to making upon the a wall, etc. premises, the brick necessary for the erection of a suitable wall, Trust's shall about the place. Provided, that no officer connected with said Lufor making natic Asylum, nor any trustee of the same, shall, by themselves or their agents, directly or indirectly take the contract or contracts for the manufacture or delivery of said brick, but the manufacture and delivery of such brick shall be let to the lowest bidder. not take con. brick. aadit and 7. Sec. VII. And be it further enacted, That the Governor be auGov. may thorized to audit the accounts of the Penitentiary against the State, pay acc'ts of and pay the same whenever he may be satisfied that the same is correct, out of any money in the Treasury, not otherwise appropriated. Pen., etc. completed ther expen. 8. Sec. VIII. And be it further enacted, That all the work and Works to be improvements contemplated in this act shall he completed without without fur- the expenditure of any more money than is herein appropriated and no other contract shall be made, or work commenced upon the Lunatic Asylum for any addition or improvement not now in process of construction, before the next meeting of the Legislature. 9. Sec. IX. (Repeals conflicting laws.)† Assented to December 21st, 1857. This section is inoperative, it having been retained in the bill after it was ordered to be stricken out by the Senate, a knowledge of which facts did not come to the Executive till after the Act had received his approval.-COMPILER. REF. NOTE-For the various Acts heretofore passed relating to the Lunatic Asy lum, see Cobb's Dig. pp. from 729 to 735 inclusive, and notes to the same. Also Acts of 1851-2, p. 254, and Acts of 1553-4, p. 81, and notes, and also p. 97 of same, for act authorizing lunatics and attendants to pass free of charge over the State road, when sent by Inferior Court to the Asylum, see also Acts of 1855–26 p. 258. Soldiers' claims, &c. TITLE XXII. MILITIA. Sec. 1. Time extended for soldiers, &c., | Sec. 3. Repealing clause. presenting certain claims. 66 2. Dawson, Towns and Fannin coun- (No. 98.) 4. Terrell county in same division An Act to amend the first section of an Act entitled an Act to provide compensation for the commissioned officers, non-commissioned officers, musicians and privates of certain companies of volunteers mustered into the service of the State of Georgia, by virtue of an Act assented to the 26th December, 1837, so as to prolong the time for presenting claims. Whereas, under the first section of the above recited Act, the sol- Preamble. dier was only allowed twelve months from the publication of said Act to present his, her or their claim, and whereas many of said soldiers had removed without the limits of this State, and was not apprised of the provisions of the same, therefore, 1. Sec. I. Be it enacted, That the time for presenting said claims Time for prebe and the same is hereby extended to the first day of January, 1860, senting corany law, usage or custom to the contrary, notwithstanding.* Assented to December 22d, 1857. * For Act of which this is amendatory, see Acts of 1855–26 p. (No. 99.) 261. An Act to attach the counties of Dawson, Towns and Fannin to the seventh (7) division of second Brigade. tain ciaim extended to Jan. 1, 1800. Towns, and 2. Section I. Be it enacted, That from and after the passage of Dawson, this Act, the counties of Dawson, Towns and Fannin be and they Fannin at are hereby attached to the seventh division of the second brigade. 3. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. tached to the 7th div. of the 2d brig. (No. 100.) An Act to designate the Brigade and the Divison of the Georgia Whereas, in the organization of the county of Terrell, the brigade Preambie. Terrell co. comprised in Additional Section to. and the division of the Georgia Militia to which said county belongs, was not designated: 4. Section I. Be it enacted, That the county of Terrell be comsame brig. prised in the same brigade and division of the Georgia Militia that and div. as the county of Lee now belongs. Lee. 5. Sec. II. (Repeals conflicting laws.) TITLE XXIII. PENAL CODE. Sec. 1. Husband to whip, beat or otherwise | Sec. 2. On trial wife may be witness against cruelly to maltreat wife, a mis demeanor. (No. 101.) husband. An Act to add an additional section to the tenth division of the penal code and for other purposes. 1. Sec. I. Be it enacted, That from and after the passage of this Act, if any man shall whip, beat or otherwise cruelly maltreat 10th Div. his wife, he shall be deemed guilty of a misdemeanor, and upon of pen'l code conviction thereof, shali be imprisoned in the county jail, not exment of wite ceeding six months, at the discretion of the Court. to Cruel treat nor. a misdemea- 2. Sec. II. Be it further enacted, That on the trial of any perPunishment son for offending against the preceding section of this Act, the wife in eo. jail not shall be a competent witness against the husband. Any law usage, more than 6 or custom to the contrary. confinement months. Wife a com petent wit ness against husband. Assented to 21st December, 1857. SUP. CT. DECIS.-1. Matters not affecting the real merits, are not good in arrest of judg ment. 19 Ga. Rep. 1. 2. In questions of doubt, character is essential, but when the charge is positively proved, it cannot avail. 19 Ga. Rep. 102. 3. If one attacks another, on his premises, with intent to kill, and in the assault, the gun is accidentally discharged and kills the other, it is murder. Idem. 4. If two are jointly indicted and sever, one may place a demand for trial on the minutes. 20 Ga. Rep. 666. 5. A plea entered by mistake on the wrong indictment, may be corrected, though entered on minutes. Idem 671. 6. All cases must be tried under Act of 1856, whether the offence was committed before or not. Idem 682 and 742. 7. Every killing must be presumed to be felonious until the contrary is shown. Idem 752. 8. When the only evidence is defendant's own confessions, the jury must weigh them and believe as much as they deem to be true. Idem. 9. If the petit jury return a malicious prosecution, the Court has no power to relieve the prosecutor from costs. Idem $39. 10. Offence of riot as defined in the penal code construed. Idem. 11. It is not error that the prisoner should be first called on to answer whether he is ready for trial. 21 Ga Rep. 220. 12. The questions prescribed by statute to test the competency of jurors, to try a particular case, are the only questions proper to be asked them; but these questions may be so varied in form as to enable the jurors properly to understand them. Idem. 13. The presentment of a party by a grand jury, is an accusation; is an indictment; a prosecution; and when the grand jury makes a presentment, it arrests the statute of limitations. 22 Ga. Rep. 98. Muster and Pay Rolls. PENITENTIARY. See title Lunatic Asylum, Sec. 7. PHYSICIANS. See Local and Private Laws, No. 118, Sec. 3, by which persons are forbidden to prac. tice the Young Physic Art of healing, except on certain conditions. An Act for the better preservation of the interests of certain classes of the citizens of this State, by adopting and muking valid certain records, and for other purposes.* Whereas, by the recent Acts of Congress allowing bounty land to Preamble. soldiers doing service in the various wars and military expeditions in which the United States have been engaged, the muster and pay rolls in the Executive Department of this State, have become of great importance to the citizens of Georgia, and whereas, these rolls are in a state of disorder and very much mutilated from constant examination, thereby rendering it inconvenient and almost impossible for the Secretaries to refer to them for the purpose of giving certificates of service, and whereas, Mr. B. B. DeGraffenreid has transcribed and compiled these rolls in a neat and durable book for the use of the Executive Department, and whereas, the interests of the citizens of this State require the preservation of their records and papers: and pay Mex. War DeG. to be 1. Section I. Be it enacted, That the book containing the mus-Boom ter and pay rolls of file in the Executive Department, from 1776 to from 1776 to the "Mexican war," transcribed, compiled and indexed by Mr. B. compiled by B. DeGraffenreid, when carefully compared and its correctness duly adopted as established by certificate, shall be taken and held as a record of the record when Executive Department of this State, and all certificates of service certified. based upon such book shall be, and the same are hereby made as of service valid as though they were taken from the original rolls. 2. Sec. II. And be it further enacted, That his Excellency the comp. and Certificates based on s'd book made valid. Gov. to pl'ce orig, rolls in The caption to this act was omitted to be written on the face of either the Engrossed 'ads ofAg't or Enrolled bills, but was indorsed on the back of both as here written. against Gen. Appropriation to. to pros.clms Governor be instructed to place said original rolls in the hands of Governine't, the Agent of this State, to prosecute claims against the General Gov ernment, with instructions to have the same filed in the War Department at Washington City, and that said Agent prosecute diligently the collection of such moneys as may be due this State on acGov.to draw count of said rolls. his warrant for $1200 in favor of De 3. Sec. III. And be it further enacted by the authority aforeGraffenreid. said, That his Excellency the Governor be authorized to draw his warrant upon the Treasury, upon any moneys not otherwise appropriated, for the sum of twelve hundred dollars in favor of B. B. DeGraffenreid, as compensation for his services in the compilation of said book of record. 4. Sec. IV. (Repeals conflicting laws.) $15000 appr. to Sav. Med. College. TITLE XXV. SAVANNAH MEDICAL COLLEGE. Sec. 1. $15,000 appropriated to Savannah | Sec. 3. One student from each Congres- 66 2. How to be drawn. sional Dist. of State to attend lectures free of charge, how select'd Sec. 4. Repealing clause. (No. 103.) An Act to extend aid to the Savannah Medical College. 1. Section I. Be it enacted, That the sum of fifteen thousand dollars be, and the same is hereby appropriated to and for the use of the Savannah Medical College, for the purpose of enabling the Board of Trustees of said College to meet the liablilities already incurred, in erecting their college building, and to enable said trustees to purchase a museum and library suitable for such an institution. 2. Sec. II. Be it further enacted, That the said sum of fifteen upon order thousand dollars shall and may be drawn from the Treasury of this of the Pres't State on the presentation of an order for the same, signed by the President of the Board of Trustees, and sealed with the seal of the College. Said appro`n may be paid &c. under Feal of the College. Cong, Dist. to be instre'd from each 3. Sec. III. Be it further enacted, That one student from each of this State Congressional District in this State, shall be entitled to receive infree of ch'ge structions during each course of lectures in said College, free of by Congress charge; said students to be selected by the Representatives from their respective Congressional Districts. to be selec'd man. 4. Sec. IV. (Repeals conflicting laws.)* *Savannah Medioal College incorporated in 1838, pam. 156. |