for, &c.

be com

To exempt certain property from levy and sale.

when called be required for the payment of the same, and in no case shall an advance payment be made without ample security that the money Board of vis. shall be applied to the work; and that said Board of Visitors be pensated paid a reasonable compensation for their services, by warrant on Money ap the Treasury; and a sufficient sum for that purpose is hereby appropriated.

propriated.

Trustees ap

more than 5.

4. SEC. IV. And be it further enacted by the authority aforesaid, Board of That there shall be a Board of Trustees for said Military Institute, pointed by appointed by his Excellency, the Governor, consisting of not more Gov., not than five persons, (neither of whom shall be a professor) whose duDuties of B. ty it shall be to superintend the interests of said Institution, who of Trustees. are hereby vested with power to fill all vacancies which may occur in their body; and they are hereby further invested with power to fill all vacancies which may hereafter happen in the Faculty, and exercise all the powers and faculties usually exercised by trustees of colleges.*

Vacancies.

Powers.

ASSENTED to December 21st, 1857.

REF. NOTE.-For previous legislation relating to the Georgia Military Institute, see Acts of 1851-2, pages 6 and 8, and Acts of 1855-6, pages 9 and 10.

ily to hold free from

TITLE XV.

INSOLVENT DEBTORS.

Sec. 1. Farm horse or mule exempt from levy and sale without regard to value.

(No. 40.)

An Act to amend an Act to exempt from levy and sale under executions, certain property therein mentioned. Assented to Decem ber 11th, i841.

1. Section I. Be it enacted, That from and after the passage of Head of fam- this Act, the aforesaid Act be so amended as to permit every white citizen of this State, male or female, being the head of a family, to levy and sale hold and possess, free from levy and sale, one farm horse or mule, without regard to the value of the same.* ASSENTED to December 22d, 1857.

one farm

horse or

mule, irrespective of its vaine.

REF. NOTE.-For Act of which this is amendatory, see Co'v Dig. p. 389. See the following Acts exempting property from levy and sale. Act of Dec. 23, 1822. (Cobb 385) and note at bottom of page, Act Dec. 22, 1831, (Cobb 388), Act Dec. 22, 1835 Cobb 388, Act Dec. 11, 1811, Cobb 359, Act Dec 22, 1843, Cobb 390, Act Dec. 29, 1845, Cobb 391, Act Jan. 22, 1852, Acts of 1851 & 2, p. 106. For Acts relating to insolvent debtors, generally, see Cobb's N. Dig. pp. 379 to 392, inclusive, also Acts of 1855 v 6 pp. 153, 4.

SUP. C'T DECIS.--1. An insolvent debtor is not entitled to have two watches exempt from levy and sale. Query as to one? 16 Ga. Rep. 479.

2. The implements or tools" ofhis wife's "calling or trade" are not exempt. Idem. 3. Land is not exempt under the Act of 1811, unless the provisions of that Act, as to survey, &c., be first complied with. 20 Ga. Rep. 38.

Railroads to give checks for trunks, &c.

4. A grist mill cannot be included in the land exempt. Idem.

5. If a debtor owns only ten acres of land in the county, the Acts of 1841 and 1843, requiring the Sheriff to admeasure, &c., do not apply. Idem 200.

6. The Act of 1522, exempting the "common tools" of the debtor's trade from levy and sale, does not extend to a lawyer's library. 20 Ga. Rep. 596.

Sec. 1. Railroad Conductors to check baggage-Penalty for refusing, $50---How recov

ered.

(No. 41.)

An Act compulsory upon the several Railroads of this State to give checks for Trunks and Baggage in separate pieces, when required, at any of the stations of said Roads, and to the point of destination of the passenger under certain penalties.

their

suppl'd with

trunks, etc.,

1. Section 1. Be it enacted, That it shall be the duty of all Rail- R. R. Comroad Companies to cause their conductors, agents, or employees, to paves to be provided with checks, so as to check all trunks or separate bag- conductors gage of passengers from station to station on their Roads when re- checks. quired, and it shall be the duty of the conductor of every passenger To check all train to cause, upon application to him, all trunks and baggage to upon applibe checked from any station to any point of destination on their cation. road, or any road running under the control of the Company of ity of 50 which he is conductor, under a penalty of fifty dollars for every fire. failure to comply promptly with such requisition, to be recovered penalty how in the Justices' Court of the District, where the demand for check and out of was made, out of the Company, upon whose conductor the demand covered. was made.*

ASSENTED to December 224, 1857.

REF. NOTE. For general laws heretofore passed relating to railroads see Acts of 1851 & 2, p. 107-8-Acts of 1853-4. p. 92-Acts of 1555-6, p. 154.

SUP, CT. DECIS.-1. A Railroad Company is bound to use ordinary care in running its trains, even if others are somewhat negligent, and hence if damage results from this want of ordinary care on their part they must make it good. 19 Ga. Rep. 437.

2. If both parties are negligent, and the plaintiff, in the exercise of common caution, could have avoided the injury, he cannot recover of the Company.-Idem 119.

Under pen

for every

whom re

Atlanta and West Point Railroad-Barnesville and Thomaston Railroad.

Name changed to 3lanta &W't

46. So. Ga. and Flor. R. R Company.

แ 52. Ga. and Ala. R. R. Co.

ATLANTA AND WEST POINT RAILROAD.

Sec. 2. Name changed.

3. Branches to Greenville or Columbus.

Sec. 4. May indorse bonds of the Ala. and
Fla. Railroad Company.

(No. 42.)

An Act to amend the Charter of the Atlanta and LaGrange Railroad Company.*

2. Section I Be it enacted, That the Atlanta and LaGrange Railroad Company shall be hereafter known as the Atlanta and PR. R. Co. West Point Railroad Company.

Company

may build

Greenville

or Colum

bus.

But only up

May indorse bonds of Ala

3. Sec. II. Be it further enacted, That said Company shall branches to have the power to build branches from any suitable point or points on their Road (to be judged of by the Board of Directors) to Greenville or Columbus, in this State. Provided, however, that said on bona fide branch or branches shall be built on bona fide subscriptions to the subscript'ns. capital stock, subscribed and paid up sufficient for that purpose. 4. Sec. III. Be it further enacted, That said Company shall and Fia. R. have power to indosre the bonds of the Alabama and Florida Railroad Company for a sum not exceeding three hundred thousand dollars, on such security as may be approved by the Board of Directors, and that any bonds of the said Alabama and Florida Railroad Company that have been or may be hereafter indorsed (not exceeding in all the sum aforesaid) shall be valid and binding. proved by Provided, the same shall have been approved by a convention of Director Stockholders, and be hereafter approved by the Board of Directors. Assented to December 22d, 1857.

exceeding $300,000.

Bonds so in

dorsed are

valid.

Must be ap

&

125.]

Incorporated 1817, pam. 178, amended 1850, pam. 238, also in 1852, [Acts 1851--2, p

BARNESVILLE AND THOMASTON RAILROAD.

SECTION 5. Time of commencing said road extended ten years.

(No. 43.)

An Act to extend the time for commencing the building and construction of the extension of the Barnesville and Thomaston Railroad from Thomaston, Upson county, to such point of the Muscogee road at or near Geneva, in Talbot county, or some other point.

Dalton and Gadsden Railroad Company.--Atlantic and Gulf Railroad Company.

further time

commence

5. Sec. I. WHEREAS the charter granted for the above extension will Ten years soon expire, the legislature do enact that the charter and time allowed allowed to to commence said work be extended for the space of ten years from work on the and after the passage of this Act.* Assented to December 22d, 1857.

Incorporated 1839, pam. 100. Revived 1817, pam. 188.

DALTON AND GADSDEN RAILROAD COMPANY.

SECTION 6. Time for beginning extended SEC. 7. Repealing clause.

two years.

(No. 44.)

An Act to alter and amend an Act, assented to on the 25th day of February, 1856, so far as to extend the time for commencing the work on the Dalton and Gadsden Railroad.

6. Sec. I. Be it enacted, That the charter heretofore granted the Dalton and Gadsden Railroad Company, be so amended as extend the time for commencing the work on said road for years from the date of the approval of this Act.* 7. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857.

Barnesville and Ther. Railroad.

to Dalton and to R. Com. al

Gadsden R

two

་

*Incorporated 1851, (Acts of 1853 and 54, p. 420) Charter amended and time for commencing extended 1856, (Acts 1855-56, p. 182.)

ATLANTIC AND GULF RAILROAD COMPANY.

Section 8. Relinquishment,-Subscrip

tions, &c.

paid Atlantic and Gulf R. R.
Company.

"9. Relinquishment if not made Sec 10. Repealing clause. within 30 days, subscriptions

lowed 2 y
within
which to be-

gin the work
on their

road.

(No. 45.)

An Act to explain an Act entitled an Act to incorporate a Railroad Company to be called the Atlantic and Gulf Railroad Company, and for other purposes therein named, approved February 27th, 1856, and for other purposes.

WHEREAS, the Legislature of 1855 and 1856, granted a charter Preamble. incorporating a certain railroad company under the name and style of the Atlantic and Gulf Railroad Company, authorizing the Governor of this State to subscribe for stock in said railroad company, when certain conditions had been complied with, specified in said charter; and whereas the fifth section of said charter contained the following proviso, viz: "But no payment shall be made on the part of the State, until the Savannah, Albany and Gulf Railroad Company, and the Brunswick and Florida Railroad Company shall have released any right which either of said companies have or claim to interfere with the location of said road on account of any privileges granted in the charters of either of them"; and,

Form of a release of a

execu

ted by the

Albany and

The South Georgia and Florida Railroad.

whereas doubts have arisen as to what construction may be put on the said words requiring said relinquishments:

S. Section I. Be it therefore enacted, That whenever the comparight of way nies aforesaid shall have made relinquishments to the said Atlantic to be and Gulf Railroad Company in the following words, to-wit: The SaSavannah, vannah, Albany and Gulf Railroad Company, or the Brunswick and Gulf R. R. Florida Railroad Company, (as the case may be) do hereby release to the Atlantic and Gulf Railroad Company, the right of way for their main line over the territory covered by its charter from a point R. Co.. to at or near the initial point of said Atlantic and Gulf Railroad Comand Guifit. pany to the western boundary of the State of Georgia, the said fore the Gov Brunswick and Florida Railroad Company reserving to itself all thorized to other rights and privileges granted by its charter, except the right

Co., or by the Brunswick and

FR

the Atlantic

R. Co., be

shall be au

pay State subscriptions.

If the said reliaquish

ment be not

afterther pas

Act. Gov.

shall, with

linqui-h

either of

of way aforesaid, and a right of franchise of three hundred feet [300] on either side of said line, then and in that case, the Governor, for the time being, shall be authorized to pay over to the said company the subscriptions on the part of the State, according to the other provisions and requisitions of said charter.

9. Sec. II. Be it further enactel, That if the relinquishment or release contemplated by this Act, to said Atlantic and Gulf Railin 30 day road Company, by the Savannah, Albany and Gulf Railroad Comsage of this pany, and the Brunswick and Florida Railroad Company shall not be made within thirty days after the passage of this Act, then and out any re- in that event the Governor be and he is hereby required, without meat or re any release or relinquishment whatever, either from the Brunswick lease from and Florida Railroad Company or from the Savannah, Albany and said com'ps. Gulf Railroad Company, to pay the subscription of the State to the Subscrip's Atlantic and Gulf Railroad Company, then and in that event, all to the At laws and parts of laws, requiring any release of any rights from GR. R. either the Savannah, Albany and Gulf Railroad Company, or the In that event Brunswick and Florida Railroad Company, before payment shall all re- be made on the part of the State, of its subscription to the Atlantic release from and Gulf Railroad Company, be and the same are hereby repealed. 10. Sec III. (Repeals conflicting laws.)* Approved December 1st, 1857.

pay the State

Jantic and

Company.

quiring such

either of

said Cos. before pay mit by the State of subscrip's

to the Atiantic & Gulf

R. R. Co.,

*For Act of which this is explanatory, see Acts of 1555 and 56, p. 155-9.

are repealed. THE SOUTH GEORGIA AND FLORIDA RAILROAD COM

PANY.

Sec. 11. The South Ga. and Fla. Railroad | Sec. 14. Provisions of charter of So. Ga. and

An Act to incorporate the South Georgia and Florida Railroad

Company.