Certified copies of Tax Receiver's entries admissible.

or grants.

in writing bis reason for

and make re

a deed under what is known as the "Primrose Grant," or any such ulent deeds grant, or for any other reason fraudulent and void, it shall be the crk to put duty of the Clerk to refuse to record such deed and assign his reasons therefor in writing, and return the deed and his refusal to re- not recordi'g cord the same to the next term of the Superior Court, when the turn to next question, whether the deed or the grant under which the deed was made, is fraudulent and void, shall be tried by a special jury of said county; if they find 'fraud' the deed shall not be recorded, but if by special they find no fraud the deed shall be recorded.

10. SEC. III. (Repeals conflicting laws.) ASSENTED to December 22d, 1857.

(No. 34.)

Sup'r Court.
And ques-

the tion of

An Act to prescribe the mode of proving entries on the books of
Receivers of Tax Returns in this State.

to be decided

jury.

Repealing clause.

tries in b'ks

ceiver made and certified

Inferior Ct

11. Section I. Be it enacted, That in all cases where either par- Copies of enty in any case, shall desire to introduce in evidence, entries on the of Tax Re books of the Receiver of Tax Returns, it shall not be necessary to produce said books in Court, but the entries relied on shall be con- by Cik of sidered sufficiently proven by a copy of such entries certified by the evidence. Clerk of the Inferior Court of the county where such books are required by law to be kept, without further proof; and such certificate In all cases shall be evidence in any county [Court?] in this State, in all cases original b's where the books themselves would be evidence. 12. SEC. II. (Repeals conflicting laws,) Assented to December 22d, 1857.

REF. NOTE. See title "Penal Code," for Act making wife competent witness against defendant on trial for beating his wife.

GENERAL NOTE TO TITLE XII

1. In cases for libel and slander an exception is made to the general rule, and witnesses may state their inferences how they understood the words to be spoken. 18 Ga. Rep. 52. 2. The maker of a deed is a competent witness to prove that the deed is a forgery, although it is proved by the subscribing witnesses. Idem 350.

3. A subscribing witness to a deed proved its execution, "as he supposed, for the purses therein mentioned." Held sufficient. Idem 575.

4. Papers produced under notice are evidence, when inspected, for both parties. Idem 609.

5. Receipts and other papers are admitted upon no other proof than the presumption of their fairness, founded on human experience.-Idem 609.

6. A party not appealing may be witness for a co-defendant appealing. Idem 609.

7. Where a witness for the State has been detained from Court by the procurement of defendant, his previous examination, taken in writing, may be read in evidence. Rep. 402.

19 Ga.

8. The record of a judgment upon notes is no proof of the execution of the notes as against third persons. Idem 404.

9. Objections to evidence not made, are waived. 20 Ga. Rep., 135.

10. A question being overruled as leading, does not prevent the witness from testifying on that point. Idem 153.

11. Jury may consider as evidence a return on a fi. fa. in evidence before them. Idem 204.

12. Proof of cost of work inadmissible to show its value. Idem 359.

13. Books are admissible only because no better evidence exists. Idem 365.

where the

would be.

Executors. Administrators, &c., may resign.

14. General reputation, reputed ownership, public rumor, &c., is original evidence, and not hearsay. Idem 480.

15. An irregular judgment may be evidence for many purposes. Idem.

16. Acts and declarations of conspirators is original evidence against all, but subsequent declarations are evidence only against the party making them. Idem 681.

Guardians

may resign

An Act to amend an Act entitled an Act to allow Executors, Ad-
ministrators and Guardians to resign their trusts on certain
conditions, approved February 10th, 1854.

1. Section I. Be it enacted, That the above recited act be so when ward amended as to allow guardians to resign their trusts when their 14 years of wards shall have arrived at the age of fourteen years, and shall, with Ward to the consent of said guardian and the Ordinary of the county, choose another guardian, upon the same terms as now provided for in said Act.†

age.

choose an

other guardian.

Preamble.

ASSENTED to December 21st, 1857.

*See note to No. 38 of this title.

REF. NOTE. By Act of 1854, (Acts of 1853 & 4, page 36,) guardians, &c., were allowed to resign their trusts, only "because of age, infirmity, or removal from the county." For compensation of guardian of two or more minors, when making return of joint property, see title "County Officers and Records," Sec. 7, of general fee bill.

(No. 36.)

An Act to enable Executors, Executrixes, Administrators, Admin-
istratrixes and Guardians to resign their trusts under certain
circumstances.

Whereas, it often becomes important to the interests of legatees, devisees and distributees of estates, that executors, executrixes, administrators, administratrixes, and guardians should be permitted to resign their trust, provided a fit and suitable successor can be found who will accept the trust, and who will be acceptable to the Ordinary, as competent and responsible, and there being no provision. for such cases by the existing laws, for remedy whereof,

2. Section I. Be it enacted, That from and after the passage of

Titles to lands of deceased obligors.

sign if they

suitable per

this Act, it shall and may be lawful for any executor, executrix, ad- Adm may reministrator, administratrix or guardian to resign his or her trust, will get some provided, he or she can get some suitable person to accept his or son, accepta her office, who shall be acceptable to the Ordinary of the county Ordinary, to where such application is made; such successor in office to com- place. ply with existing laws, as to giving bond, taking oath, &c.

ble to the

take their

Successor to

give bond,

availing

of this Act to

3. Sec. II. Be it further enacted by the authority aforesaid, That &c. any persons availing themselves of the provisions of this Act, shall Persons forthwith deliver all property and pay all money held by him or her, themselves in such fiduciary character, to his or her successor, under the su- deliver all pervision, and with the consent and approval of the Ordinary of the pay over a county having jurisdiction of the executor, executrix, administrator, 7 successors. administratrix or guardian, and upon such full and fair accounting And upon and payment, shall be discharged, but not otherwise.

doing so shall be dis

Person turn

4. Sec. III. Be it enacted by the authority aforesaid, That such charged. person so availing him or herself of the provisions of this Act, shall, ing over proin no case, charge, or be entitled to any compensation for turning P over property or paying the money held by him or her, to their suc- no compen

cessors.

perty, &c.,

for the same.

ble am't

5. Sec. IV. Be it further enacted, That in all cases where an ex- Bond in donecutor, executrix, administrator, administratrix or guardian, resigns the state his or her trust, his or her successor shall give bond in double the turned over. amount of the estate to be turned over by the executor, executrix, administrator, administratrix or guardian, resigning his or her trust, the securities to be judged of by the Ordinary.

6. SEC. V. (Repeals conflicting laws.)*

ASSENTED to December 21st, 1857.

* See note to No. 351.

DECIS. SUP. C'T.-A judgment of dismissal by the Ordinary relieves the administrator from all liability, unless such judgment be impeached in that Court for irregularity, or in the Sup'r C't for fraud. 18 Ga. Rep. 346.

(No. 37.)

An Act to provide for the perfecting of titles to land where parties

die and have bonds out for titles.

visions of

by obligee.

7. Section I. Be it enacted, That when any person shall here- When proafter die, whose bond is out for titles to land,and it is made appear to bond for tithe satisfaction of all parties, that the provisions of the bond have been com been complied with, that administrators or executors or executrix, pied with may proceed to make and deliver titles to the holder of said bond the adm'r without advertising ninety days in some public newspaper, as is ceased oblinow prescribed by law.* All laws and parts of laws militating make against this Act, be and the same are hereby repealed.

ASSENTED to December 22d, 1857.

*See Act of which this is amendatory. Cobb's Dig p 310. For Act providing for cases where vendee or both parties die leaving bond for titles, Idem p. 311, For Act authorizing executor &c., to sell land for unpaid purchase money, see Idem p. 518.

&c., of de

titles without giving 90 days notice.

Repealing clause.

Judgments by Ordina

probate, val

Ordinaries---Judgments valid though Ordinary takes interest.

(No. 38.)

An Act to legalize certain judgments of the Courts of Ordinary of
this State, to provide for the probate of wills in certain cases,
and for other purposes.

The General Assembly of the State of Georgia do enact as follows:

8. Section I. All judgments and orders of the Courts of Ordinary ries admit of this State, which have heretofore been recorded, admitting wills sing wills to to probate, shall not be vacated, annulled or set aside on account, d and bind- or by reason of any interest or estate, which the Ordinaries presiding, may take, or be entitled to, under such wills, but the terest under said judgments and orders, notwithstanding such interest or estate, shall be good, legal and binding.

ing altho' Ordinary

took an in

the will.

to have ju

probate of

Cts. of Ord. 9. Sec. II. The Courts of Ordinary of this State, shall have jurisrisdiction of diction in all cases hereafter arising, to pass judgments and orders wills, when admitting wills to probate, notwithstanding any interest or estate Or that the Ordinary presiding, may take or be entitled to under such ander will, wills, and such judgments and orders, notwithstanding such interments to be est or estate, shall be legal and binding.

int. or estate

and judg

valid.

10, Sec. III. Nothing in this Act shall be held or construed to Right of ap- take away the right of appeal as now provided for by law.* Assented to December 21st, 1857.

peal not ta

ken away by this Act.

*Ordinary Courts are Courts of general jurisdiction over intestates' estates,-18 Ga. Rep. 526.

GENERAL NOTES TO TITLE XIII.

1. Interest should be charged on advancements only from the time they are brought into hotchpot. 18 Ga. Rep. 177.

2. After dismission, the statute of limitations runs in favor of administrators and against distributees. Idem 346.

3. For injuries to property in actual possession, administrator, &c., may sue in his own name. Aliter, where the possession is constructive. Idem 679.

4. Admissions by adm'rs, &c., relating to matters of litigation, are admissible against the estate. If they injure the estate, they are liable. Idem 687.

5. If an Executor commits a derastavit, a purchaser knowing of a breach of trust, can be made liable by those interested. 19 Ga. Rep. 94.

6. One Executor is not liable for assets which come to the hands of his co-Executor, nor ordinarily responsible for his laches. Idem 136.

7. Where citation issues for one, letters may be granted to another. Idem 220.

8. Money or goods of another person coming into the hands of Adm'r, with those of deceased, are not assets. Idem 554.

9. The Ordinary may rescind, for frand or improvidence, granting letters of dismission, till rescinded, it is binding. Such an order is no prejudice. 20 Ga. Rep. 1.

10. Administrators may recover land of the heir, or a purchaser from the heir, without an order of sale. Idem 135.

11. Administration will not be presumed in favor of a trespasser Idem.

12. The Act of 1799, empowering Executors and Administrators to make titles, is permissive only, and not imperative. Idem 113.

13. The title of the heir, obtained fairly by distribution, is good against a judgment subsequently obtained against the Administrator. Idem 145.

14. Ordinary may force administration on Clerk of the Superior Court. Idem 775.

Governor authorized to purchase it.

TITLE XIV.

GEORGIA MILITARY INSTITUTE.

Sec. 1. Gov. authorized to purchase Ga. | Sec. 3. Board of Visitors, their duties and

Mil. Institute. $7,000 appropri

ated for that purpose.

appropriated for that purpose.

2. Buildings to be enlarged. $7,000

(No. 39)

compensation, appropriation, to
be paid as needed.

4. Board of Trustees, their duties,
powers, &c.

An Act to purchase the Georgia Military Institute at Marietta, and provide for the comfort of Cadets who may be sent there for instruction.

Whereas, in a Government like ours, the strong arm of whose defence is found in the citizen soldier, it is the duty of those whom the people have vested with power, under the Constitution, to provide by law for the public safety, to adopt such regulations for the organization and training of the Militia as shall fit them for immediate and efficient action, when called out by the Federal or State authorities, to repress insurrections or repel invasions, or to perform the more arduous duties of soldiers in regular and steady war; and whereas, the wisest and best plan of accomplishing this great object, is for the State to assume, direct and superintend the military education and training of men who are to form the future reliance of the country in times of such exigencies, therefore,

Preamble

at Marietta,

1. Section I. Be it enacted, That his Excellency, the Governor Gov. authorbe, and he is hereby authorized to purchase the Georgia Military chase the Ga Institute at Marietta and the lands belonging thereto, and that the Mil. Instit'te sum of seven thousand (7000) dollars be and the same is hereby and lands boappropriated and placed at the disposal of his Excellency, the Gov-7000 approernor, for that purpose.

priated for that purpose

&c.

2. SEC. II. And be it further enacted by the authority aforesaid, Buildings to That after the purchase of said property, the buildings now erected be enlarged, there shall be so enlarged and such additional number of dormitories shall be constructed as to provide sufficient rooms for recitations, library and apparatus and lodging apartments for the comfortable 8:000 approaccomodation of cadets, and that the sum of seven thousand dollars Priated for be and the same is hereby appropriated for that purpose.

said last pur

pose.

itors, their

3. SEC. III. And be it further enacted by the authority aforesaid, That the Board of Visitors of the Georgia Military Institute, are Board of vishereby authorized to examine the Institute grounds, determine on duties. the improvements necessary and proper for the objects contemplated by this Act, contract for and superintend the execution thereof, and as they are completed, or at different stages of their progress, to Parts of ap call for such part or parts of the appropriation hereby made, as shall propriation