Judgments this act to have Attachments against Executors etc.-Removing property. but Plaintiffs shall be entitled to judgments on the declaration as in 3. SEC. II. Be it further enacted by the authority aforesaid, under live That when judgments shall be obtained in conformity with this same dignity Act, they shall be of equal dignity with, and shall have the same those at lien that judgments obtained at common law do. & lien as com. law. No traverse, davit to de 4. SEC. III. Be it further enacted by the authority aforesaid, That no traverse of the plaintiff's attachment affidavit, or other pro&c., of affi- ceedings of the attachment, shall delay judgment on the declaralay judgm't. tion; but judgment may be had on the declaration, subject to the rules of common law as well before the trial of the issue made on the attachment proceedings as afterwards. to affect lien This act not 5. SEC. IV. Be it further enacted by the authority aforesaid, of attachm't That nothing in this Act shall affect the lien of attachments as prounder exist- vided for now by law. ing laws. Attach. may issue, vs. ad when mov erty beyond 6. SEC. V. (Repeals conflicting Iwas.) ASSENTED to December 21st, 1857. SUP. CT. DECIS. 1. Attachment is good though the Officer omits to add "J. P." to his name. 20 Ga. R. 735. 2. The affidavit was, "that C. J. & W.. partners, using the name of C. J. & Co., were indebted, &c., and that the said C. J. & Co. reside out of this State." Held that it is sufficiently certain. 19 Ga R. 84. 3. The onus of showing that a note was transferred to plaintiff before garnishment served is on the plaintiff. 20 Ga. R. 477. 4. Debts secured by negotiable notes may be the subject of garnishment. 18 Ga. 650. 5. A transfer of notes as collaterals, places them beyond the reach of subsequent garnishment. Ibid. 6. If a garnishee answers that he is satisfied his note was transferred before the service of the summons, judgment cannot go against him.-Idem 659. (No. 13.) An Act to amend the Attachment Laws of this State. 7. SEC. I. Be it enacted, That process of attachment may issue mr. or ex'r, when the administrator on an estate, or the executor* of the last will ing &c prop- and testament of any deceased person, shall be actually removing limits of co. or about to remove without the limits of any county of this State, Final judg't the property of said deceased person, provided final judgment shall letters adm'r not be entered up against said administrator or executor, until after the expiration of two years from date of grant of letters of administration or letters testamentary, as the case may be. 2 years after &c. issued. ASSENTED to December 22d, 1857. *By Act of 1856, (Acts 1855 and 1856, p. 25,) attachment may issue when the debtor is actually removing or about to remove without the limits of any county. SUP. C'T DECIS.Garnishees answered that they had the estate of Travis N. in their hands, and that Thomas N., the debtor, was a legatee of Travis N., and that they could not say whether they had any effects of Thomas N. or not. Held, That this answer did not authorize the Court to give judgment against them. 22 Ga. Rep. 52, garnishment lies in a suit on a dormant judgment.-Idem. City Courts-Garnishments-Notice &c. (No. 14.) An Act to extend An Act, approved March 4th, 1856, entitled An and to regulate proceedings in relation to the same, and for other purposes therein mentioned, and to amend said Act, and for other purposes therein mentioned. The General Assembly of the State of Georgia do enact as follows: 4th, 1856, ex record of civ 8. SECTION I. The provisions of the Act approved March 4th, Act of Mar. 1856, entitled An Act to authorize the issuing of attachments and tended to all garnishments, and to regulate proceedings in the same, and for other city courts of purposes therein mentioned, are hereby extended to all Courts es- jurisdicti'n tablished in incorporated cities in this State, which are Courts of record, exercising civil common law jurisdiction, and to the extent of their respective jurisdictions and no further. how return 9. SEC. II. When the amount sworn to shall be within the jurisdiction of such city Courts, the attachment may be made return-Attachments able to the city Court of that city, where the defendant resides, or able. where he last resided, except where the defendant resides out of the State, then and in that case, the attachment may be returned to any city Court having jurisdiction of the amount. 10. SEC. III. Attachments returnable to any city Court, shall be directed to the Sheriff of such city, and to all and singular the She- How direc riffs and Constables of this State, who shall have all the authority ted. in levying the same, that is given to officers by the seventh section of said Act. Courts 10 days &c., serv'd 9 days of the before court. When not issued 10 days 11. SEC. IV. All attachments made returnable to the city aforesaid, shall be issued at least ten days before the sitting Court next thereafter, and shall be levied at least nine days before such sitting, and all such attachments issued within ten days of before court, any such sitting, shall be returnable to the Court next to be held court after the expiration of such ten days. returnable at after expiration of 10 days. ied on. 12. SEC. V. The Judge of any such City Court may order sales of Sales of property levied on under attachments returnable to this Court, in property levthe same manner that a Judge of the Superior Court may do under the twelfth section of said Act, and such property when so ordered to be sold, shall be sold by the Sheriff of the city in such manner, at such place and after such notice as the Judge ordering the sale, may direct. Persons not residing in garnisheed 13. SEC. VI When it is desired to garnishee persons not residing in the city in which the attachment issues, the same proceedings the city how shall be had as are provided for in the fourteenth section of said Act, provided that the garnishee shall be required to answer at the Superior Court of the county of his residence. 14. SEC. VII. The notice provided for in the twenty-second sec- Notice by tion of said Act, may be served by the Sheriff, or any Constable of whom servthe city in which the attachment issues, and plaintiffs in attachment' Witnesses may examine witnesses residing out of the city in which the attach-residing out ed. of the city. City Courts-Scire Facias-Non-resident Garnishee, &c. ment issues, upon complying with the requisites of the twentyfourth section of said Act. 15. SEC. VIII. In all attachment cases in such City Courts, ten 10 days no- days notice by scire facius, as provided in the thirteenth section of tice by scire said Act, shall be held and deemed sufficient. faciae. Section 47th March 4th, 16. SEC. IX. The proceedings authorized by the 47th section of of Act of said Act, shall be allowed in such City Courts, where the person 1956, applied sought to be garnisheed resides elsewhere than in the city where to city co'ts. the judgment was obtained or where suit is pending, and the garniGarnishee to shee shall be required to answer at the Superior Court of his counSup'r Ct of ty next to be held thereafter, but if the next Court shall be held his county within less than ten days from the time such garnishment issues or is served, such summons of garnishment shall require such garnishee to appear and answer at the next Court thereafter. answer to Who may oaths and is 17. SEC. X. Any Judge of such City Courts, or any Mayor or Intendant of such incorporated cities, or any member of the City Council, may administer the oaths and issue attachments, and do administer all other things requisite or proper under said Act, in the same mansue attach- ner, and to the same extent as a Justice of the Peace, Magistrate or Notary Public may do under the said Act; provided, that in all such cases the attachments shall be returnable to, or the judgment has been obtained, or the suit is pending in the City Court of their respective cities. mena, &c. ASSENTED to December 22d, 1857. REF. NOTE. For former law relating to attachments and garnishments in City Courts of Augusta, see Cobb's Dig., p. 609, 613, 615; for law relating to the same subject in Courts of Common Pleas, &c. in Savannah, see Cobb's Dig. p. 626-7. Act of Nov. An Act to provide against the forfeiture of the several Bank Charters in this State on account of non-specie payment for a given time, and for other purposes therein named. SECTION I. Be it enacted, That the Act entitled an Act to com1840, susp'd- pel the several Banks of this State to redeem their liabilities in speed til Nov., cie, and to provide for the forfeiture of the charters, &c.. passed and 1858 Suspension authorized till the 15th November, 1858. assented to the 18th December, 1840,*+ be and the same is hereby suspended until the fifteenth day of November, 1858. to pay specie manded may 10 per cent. SEC. II. Be it further enactel, That when any bank or banks Ba'ks failing now incorporated, or which may hereafter be incorporated in this when do State, shall refuse or fail to pay specie for any of its bills, notes of be sued for drafts, or other writing, for which they may be bound, when de- prin. int. & manded by any individual or individuals, shall be liable to suit damages. thereon in any of the Courts of Law or Equity in this State, and such individual or individuals, in addition to the principal of said notes, and the lawful interest thereon, shall receive ten per cent. damages, for such refusal or failure upon the amount so refused or failed to be redeemed in specie; and it shall be the duty of all Juries in such cases to find a verdict in favor of the plaintiff against such bank or banks, for the principal, interest and damages, herein by execution provided for, and all judgments founded thereon shall be collec- in specie. ted by execution thereon, in specie. Judg'ts col. hold Jud. SEC. III. Be it enacted by the authority aforesaid, That the Gov to withGovernor of this State be and he is hereby authorized to withhold proceed. vs. all Executive or Judicial proceedings against the suspended specie till 15 Nov. paying banks in this State, until the fifteenth day of November, 1858. 1858; Provided, That nothing in this Act shall be so construed as to withhold Executive or Judicial proceedings under and by virtue of said Act of 18th December, 1840, against any bank in this State, in case of its insolvency, or against any bank, in the judgment of the Except Governor, whose proceedings shall be instituted at once for the pro- banks, &c. tection of the bill holders. agai'st insol. banks to re payment by Gov. in case proceed to resumption SEC. IV. Be it enacted by the authority aforesaid, That said Suspended suspended specie paying banks shall, on the fifteenth day of No-sume specie vember, 1858, commence to redeem all their liabilities, on demand, 15th Nov., in specie, by or before that time, and continue to do so, and in the 1858. event that any should fail, then, and in that case, the Governor shall of failure to proceed forthwith to forfeit their charters in pursuance to said Act forfeit char. of 18th December, 1840, without further indulgence; Provided, When gen't That upon proof being made to his Excellency the Governor, that of specie there has been a general resumption of specie payments by banks of Ga. has out of the State of Georgia, then, and in that case it shall be the been made. duty of his Excellency the Governor to issue his proclamation re- procla'n requiring all the banks in this State to resume within thirty days after in 30 days. the date of such proclamation, and no bank failing to comply with Bank failing such proclamation shall avail itself of the benefits of this Act. paymentout Gov. to issue quirine, &c., to comply. Deft. being Affidavit. for their bills SEC. V. Be it enacted by the authority aforesaid, That should required to specie payments be required by any plaintiff in execution from de- pay specie. fendant or defendants during the time of suspension aforesaid, and Banks shall upon an affidavit being made by said defendant or defendants that pay specie said demand is made, and that the specie shall be paid in discharge owned by of said execution; then, and in that case, the banks shall pay the specie for their bills owned and held by said defendants, and for that purpose, and in case any bank shall fail or refuse to redeem its REF. NOTE. For Act of 18th December, 1840 see Cobb's Dig. 115; also Acts amendatory of that statute, Idem, Act of 24th November, 1841, p. 116-Act of December 13th, 1842, p. 118, and p. 120, for Act of December 23d, 1843. SUP. CT. DEC. Act of 1840, declared constitutional, 5 Ga. Rep. 239. defendant. subject to be forfeited. Suspension authorized till 15th November, 1858. Bank, &c. bills when demanded, upon the terms and conditions herein before mentioned and specified, it shall be the duty of the Governor to proceed under the Act of 1840, against all banks so refusing to have their charters forfeited by Judicial proceedings. Chartered banks etc. to own bills etc. bank. to do so not SEC. VI. And be it further enacted, That all chartered banks receive their and all agents of charted banks, in this State, availing themselves in payment of the provisions of this Act shall receive their own bills, notes or of debts due certificates of deposit, in payment of debts due said banks, and that And refusing any chartered bank, or its agents, refusing to receive its own bills, entitled to notes or certificates of deposit, in payment of debts due said banks, provisions of shall not be entitled to any of the privileges or benefits of this Act. SEC. VII. And be it further enacted by the authority aforesaid, capital out of That no bank in this State shall be entitled to the benefits of this Act which shall send any portion of its capital out of the same for vis'ns of this the purpose of buying notes of any kind. this Act. Banks send State to buy notes not entitled to pro Act. No bank etc. ey, etc., at per cent. int. SEC. VIII. Be it further enacted, That no bank, nor bank to lenn mon- agency, by itself as (its?) officers or agents, shall either directly or indimore than 7 rectly loan money or any note, bill, draft or contract of any sort, per annum. Verbal or written, at a greater rate of interest than at the rate of seven per cent. per annum, and only at that rate for a longer or a shorter time; and all notes, bills, drafts and contracts of every sort whatever, on which a greater rate of interest is reserved or exacted for greater and received or bargained for, are hereby declared to be utterly void rate are void. and of no effect, and irrecoverable in law. No bank etc. more than 7 per cent. SEC. IX. And be it further enacted, That no bank nor bank to disc't any agency shall, by itself, its officers, or agents, discount or purchase note, etc., at notes, papers, or evidences of debt, made for a valuable consideration, or a good consideration, between the parties thereto, at a greater discount than at the rate of seven per centum per annum, and that all such notes, papers and evidences of debt, discounted or purgreater pr ct. chased in violation of this Act, shall, from the time of such purchase, are void. become utterly null and void and irrecoverable in law. discnt'd at a Banks, etc., not to ex more than 1 Person paying a gr. pre SEC. X. That no bank or bank agency, by itself, its officers or change for agents, shall either directly or indirectly sell any kind of exchange, et. prem. except sight checks; nor exact, demand, ask or receive for exchange in or out of this State, of any citizen of this State, a greater premium than one per centum, on the amount of exchange sold, when the bills of the bank from which the exchange is sought to be obtained, are presented at its counter in payment of said exchange, and for the violation of this section of this Act, the person paying the premium, his agent or attorney may, and is hereby authorized to remi'm than is cover three times the amount of the excess by a summary proceedthis act may ing, before a Justice of the Peace, the Inferior or Superior Court, as for 3 times the one or the other Court may have jurisdiction, and on which Judgm't let judgment shall be rendered at the first term of the Court, unless the principles of justice shall require a postponement for one term, and no longer; and in which case the officer or agent who received the uance only premium shall appear, without any other process than the service of the writ, and give evidence in the case; and if he fail to appear, the affidavit or evidence of the plaintiff shall be received in proof of the amount demanded, and the suit shall be against either the bank allowed by Fue the ba'k the excess. term. One contin allowed. Evidence. |