Surveyor shall be made to Homestead Law under Constitution of 1877. be entitled in realty to complete his legal exemption, and it cannot be so divided as to give an exemption of that value, the Ordinary may pass an order that, should said property (describ ing the same) be thereafter sold by virtue of any order, judgment or decree of any court in this State, so much of the proceeds of such sale as may be necessary to make up, when added to his other exempted property, if any, the full amount of the exemption allowed by this Act, shall be, by the officer making sale, paid over to the Ordinary, to be invested by some proper person appointed by the Ordinary, in property selected by the applicant, which shall constitute the exemption of said applicant, or a part thereof, as the case may be, when said order and the deed of re investment shall have been recorded by the Clerk of the Superior Court. SEC. III. Be it further enacted, That in all cases the return of the Return of Surveyor, as required by law, shall be made to the Ordinary at least five days before the time appointed for passing upon the appli cation for exemption, in which he shall state, on oath, the value of the realty platted by him for exemption, and it shall be a valid time for ground of objection to the propriety of any survey, that the same application has been so made as to unjustly or needlessly injure the value of any land left unexempted by a disregard of the shape and location. of the entire tract. Ordinary at least five days before passing. on for exemp tion. may be sup SEC. IV. Be it further enacted, That it shall be the right of the Exemptions applicant to supplement his exemption by adding to an amount plemented. already set apart, which is less than the whole amount of exemption allowed by the Constitution and laws of the State, a sufficiency to make his exemption equal to the whole amount by resorting to the methods for setting apart and valuation of the exemptions provided in this Act. The proceedings shall be in all respects the How. how sold and proceeds re same. SEC. V. Be it further enacted, That whenever the debtor and his Exemptions wife, if any, shall jointly desire the property so exempted, whether real or personal, to be sold for re investment, the application must invested. be made to the Judge of the Superior Court of the county where the debtor resides, or the property is situated, unless such Judge is disqualified, when application may be made to the Judge of the Superior Court of an adjoining Circuit, for the sale thereof, and the Judge may, upon proper showing, either in term or vacation, order a sale of the property, and the proceeds shall be re-invested upon the same uses. The sale shall operate to pass to the purchaser the entire interest and title of the beneficiaries in the exempted property, and also the entire interest and title owned before the exemption was made by the party out of whose estate the property was so exempted. The purchaser shall receive the property and hold the same, as to all liens thereon against the original debtor, with the same exemption therefrom, and for the same length of time as was allowed to said original debtor before such sale; and by consent of all lien creditors, the liens of such Homestead Law under Constitution of 1877. creditors may be, by such order, divested and transferred to such newly acquired property. A trustee or guardian of minor children, for whose benefit property has been exempted, may apply for an order of sale under the foregoing provisions; but all persons interested shall be parties to the proceeding. Said Judge shall order the entire proceedings recorded on the minutes by the Clerk of the Superior Court of the county in which the parties applying for the order of sale reside, and where land is sold, in the county where the land is situated; and said Judge shall have all the power of a Chancellor to provide the means and mode of sale and re-investment, as aforesaid. The provisions of this section shall apply to the sale of any homestead or exemption set apart under the Constitution of 1868. Exemb SEC. VI. Be it further enacted, That any debtor may, except as Waiver of to wearing apparel and three hundred dollars' worth of household tions. and kitchen furniture, and provisions, waive or renounce his right to the benefit of the exemptions provided for by the Constitution and laws of this State, by a waiver, either general or specific, in writing, simply stating that he does so waive or renounce such right, which waiver may be stated in the contract of indebtedness, or contemporaneously therewith, or subsequently thereto, in a separate paper. not waived. SEC VII. Be it further enacted, That in case of such waiver, and Exemptions the levy of an execution by an officer of this State, it shall be the right of the debtor and his wife, if he has any, to select and set apart, as free from levy and sale, three hundred dollars' worth of household and kitchen furniture and provisions. If, when such selection is made, the plaintiff in fi. fa. is of opinion that said property is of greater value than three hundred dollars, he may indemnify the officer, and require him to proceed with the levy upon some part of said property, or all, if it be incapable of division; and it shall then be the right of the debter or his wife, if any, to make and deliver to the levying officer an affidavit, stating, substantially, that the property selected is not of greater value than three hundred dollars, said levy and affidavit shall then be returned to the next term of the Superior Court of the county of the residence of the debtor, to be tried as cases of illegality, the only issue being the value of the property selected. And the jury may find generally for the defendant in fi. fa., when the levy shall be dismissed, or may find specifically what portion of said property is of the value of three hundred dollars, which shall be exempted, and the balance shall be sold: provided, That the jury, or other tribunal, trying the issue, made by the levy and affidavit, may assess damages not exceeding twenty-five per cent. of the value of the property levied upon against the plaintiff in execution, for any levy made, not in good faith for the collection of the execution, but for the purpose of harassing the debtor. SEC. VIII. Be it further enacted, That all laws heretofore enacted clause. Homestead Law under Constitution of 1877. by the General Assembly of this State, on the subject of homeRepealing steads and exemptions, so far as such laws may be inconsistent with the provisions of this Act, and except such as relate to the exemptions provided in sections 2040 to 2049 inclusive, of the Code of 1873, and Acts amendatory thereof, are hereby repealed, Approved December 16, 1878. [Sections 2010-2049 of Code refer to short homesteads.] Organization of Volunteer Troops. TITLE X. MILITARY. ACTS. Organization of Volunteer Troops. ORGANIZATION OF VOLUNTEER TROOPS. No. 276. An Act to provide for the better organization, government and discipline, of the volunteer troops of this State, and to repeal all that part of the Code of Georgia, consisting of articles 2 and 3, of chapter 2, title 12, part 1, and comprising all those sections numbered from 1075 to 1103, both includea, in the Revised Code of 1873, relating to the volunteer corps of the State, and for other purposes connected therewith. Volunteers, how organ SECTION I. The General Assembly of the State of Georgia do enact, That the volunteer force of this State shall consist of such bodies of infantry, cavalry and artillery as now exist, or may here ized. after be organized in accordance with the provisions hereinafter set forth. Their organization and service being voluntary, they are to be distinguished from the militia, and no laws relating to the militia shall be held to apply to the volunteers, unless so expressly provided. But they shall be subject to the legislation and control of the State, and must obey all orders from the proper authority, as hereinafter provided. ORGANIZATION. Who may be enrolled SEC. II. Any person capable of doing military duty (not under 16 years of age) may be enrolled as a volunteer; but every company and battalion must be composed of men of the same race and as memcolor. bers; companies to be of men of and color. Each Com SEC. III. Every company, whether of infantry, cavalry or artil- composed lery, shall consist of not less than twenty-eight nor more than same race eighty privates, five sergeants and four corporals; and the officers of every company shall be one captain, one first lieutenant, and pany to not more than two second lieutenants. No company shall be re- how many ceived or commissioned as part of the volunteer force of the State officers, consist of men and Organization of Volunteer Troops. with less than the minimum strength above specified, and any com pany permanently reduced below that minimum may be disbanded in the discretion of the Governor. But nothing herein contained shall be construed to affect companies, or battalions, heretofore incorporated by any law of this State, or to prevent any company or battalion from bearing on its rolls honorary or exempt members. SEC. IV. Every company of infantry or cavalry must be attached Every com- to a battalion of the same arm, unless, by reason of the remoteness fantry and of its location, or other special circumstances, the Governor shall be attached permit it to remain separate and unattached. But each battalion pany of in cavalry to ion, and in not attached. how organ to a battal shall be composed, at the time of its organization, of not less than what cases three, nor more than six, companies, of the same race and color, subject to the foregoing provisions Whenever there are several companies in the same city, town, or county, not less than three in number, not already organized in, or attached to, any battalion or Battalions, battalions, the Governor shall require them to organize in one or ized. more battalions, according to their number, and shall order the necessary elections for that purpose; but when there are a sufficient number of such companies to form two or more battalions, the Governor may permit them to choose the battalion to which they will be attached. Any company, or companies, in any town, city or county where there are not companies enough to form a battal ion, or where a full battalion, or battalions, has already been formed, may unite with other companies in adjoining or neighbor ing counties, for that purpose, and if any company shall, for any reason, fail to do so within twelve months after the passage of this Act, or after commissions are issued to officers, the Governor may, in his discretion, designate the battalion to which it shall be attached. now organ SEC. V. Every battalion now organized and commissioned may Battalions retain its organization and privileges without regard to the number ized to re of companies of which it is composed; provided there be at least. two, with the privilege o receiving other companies into its organization. But no such battalion shall be increased to more than six companies, and no battalion hereafter organized shall consist of less than three or more than six companies. tain their organizatien and privileges. Proviso. "The First Volunteer Georgia" to SEC. VI. The regiment of volunteers now organized under the Regiment of name of "The First Volunteer Regiment of Georgia," may retain retain its its organization and chartered privileges, subject to all rules herein tion under prescribed for battalions, with the privilege of receiving other comthese rules, panies of infantry formed in Chatham county until it consists of privileges. ten companies. with certain Officers of issue of commis SEC. VII. Every battalion shall be commanded by a lieutenant battalions, colonel, without regard to the number of companies of which it is composed; and to every major now commanding a battalion a lieutenant-colonel's commission shall be immediately issued, such officers taking rank among themselves according to the date of their present commissions. Every battalion of six companies may sions to, etc. |