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of the Code

to county in which

Foreclosure of Mortgages on Realty-Redemption of Land Sold for Taxes.

WHERE MORTGAGES ON REALTY SHALL BE FORECLOSED.

No. 292.

An Act to amend section 3962 of the Code as to the county in which mortgages on realty shall be foreclosed.

SECTION I. Be it enacted by the General Assembly of the State of Section 3962 Georgia, That section 3962 of the Code, prescribing the place and amended as manner of foreclosing mortgages on realty, be amended by adding to said section the following proviso, to-wit: Provided, that where mortgages the land covered by a mortgage consists of a single tract of land divided by a county line or county lines, such mortgage may be foreclosed on the entire tract in either of the counties in which part of it lies; provided further, if the mortgagor resides upon the land, the mortgage shall be foreclosed in the county of his residence.

are foreclos ed.

SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 15, 1879.

Section 898

to mode of

land sold

under tax

f. fas.

RELATIVE TO REDEMPTION OF LAND SOLD FOR TAXES.

No. 288.

An Act to add to and amend section 898 of the Code of 1873 in relation to the mode of redeeming land sold under tax fi. fas., and for other purposes.

SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 898 of the Code of 1873, which reads as of the Code follows, to wit: "Whenever any land is sold by virtue of a tax amended as execution issued under this Code, the owner thereof shall have the redeeming privilege of redeeming said land thus sold within one year by paying the purchaser the amount paid by said purchaser for said land, with ten per cent. premium thereon from the date of the purchase to the time of the payment," be, and the same is hereby, amended by adding after the word "thereof" in the second line the following, to wit: "or any administrator, executor, guardian, or other trustee,' so that said section shall read as follows: "Whenever any land is sold by virtue of a tax execution issued under this Code, the owner thereof, or any administrator, executor, or guardian, or other trustee of the defendant in execution, shall have the privilege of redeeming said land thus sold within one year by paying the purchaser the amount paid by said purchaser for said land, with ten per cent. premium thereon from the date of the purchase to the time of payment."

Salaries of County Judges-Selection of Jurors to Try Disabilities from Divorce Granted.

SEC. II. Be it further enacted, That all laws and parts of laws. in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879.

RELATING TO SALARIES OF COUNTY JUDGES.

No. 182.

An Act to amend section 281 of the Code of Georgia.

of the Code

to salary of

SECTION I. Be it enacted by the General Assembly, That section 281 of the Code of Georgia which provides for the fixing of the Section 281 salaries of the Judges of the County Courts, be amended by adding amended as thereto the following proviso: "Provided, nevertheless, that the County said salary, when once fixed, shall not be increased or diminished during the term of office of said County Judge, and said Judges shall, during the remainder of their present term, receive the same salary per annum as that now fixed for the current year.;

SEC. II. That all laws and parts of laws in conflict with this Act be repealed.

Approved September 29, 1879.

[NOTE. Thomas, County Judge, vs. Reese, County Treasurer. Decided by the Supreme Court September 24, 1878.]

JURIES-HOW SELECTED TO TRY DISABILITIES FROM DIVORCE
GRANTED.

No. 199.

An Act to alter and amend section 1730 of the Revised Code of Georgia of 1873, which relates to the manner of selecting juries to try applications for the removal of disabilities imposed by the granting of divorces by the courts, by striking from the second and third lines thereof the words "a special jury selected from the grand jury," and inserting in lieu of the same, the words, "a jury selected as juries are selected for the trial of common law cases.

Judges.

of the Code

SECTION. I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, section 1730 Section 1730 of the Revised Code of Georgia of 1873, which relates to the amended as manner of selecting juries to try applications for the removal of cases for redisabilities imposed by the granting of divorces by the courts, by moval of striking out of the second and third lines thereof the words, "a because of special jury selected from the grand jury," and insert in lieu of the same, the words, "a jury selected as juries are selected for the trial of common law cases. So that said section will read: "Said ap

disabilities

divorce.

amended in

ing.

where posted,

Illegal Hunting with Dogs, Firearms, etc.

plication shall be tried at the first term of the court, by a jury selected as juries are selected for the trial of common law cases, who shall hear all the facts, and if in their judgment, the interest of the applicant, or society, demands the removal of such disabilities, the jury shall so find, and the party so relieved shall be allowed to contract a second marriage as though no marriage had ever existed between the applicant and the divorced person.

SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.

Approved October 2, 1879.

ILLEGAL HUNTING WITH DOGS, FIRE-ARMS, ETC.

No. 180.

An Act to amend an Act, approved February 24, 1874, entitled “An Act to amend section 4441 of the Code of Georgia" in reference to illegal hunting with dogs, fire-arms or other implements, in and through any enclosed lands," etc.

SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That Section 4441 of the Code section first of an Act entitled "an Act to amend section 4441 of reference to the Code of Georgia" be amended by adding at the end of said illegal hunt section the following words: "Posting a card in two or more conspicuous places on enclosed lands, fields, walks, or pastures, and Notice, one at the door of the Court House in the county where such lands, fields, walks, or pastures are situated, forbidding all persons to enter upon and hunt or fish thereon, shall be held and deemed a legal notice under this section;" so that said section, thus amended, shall read as follows: "It shall not be lawful for any person to hunt with dogs, firearms or other implements, in or through any enclosed lands, fields, walks or pastures after being forbidden so to do, or ordered to desist therefrom by the owner thereof, or the person having the same in charge, or his or their agent; and for every violation of the provisions of this section the person so offending shall be deemed and held guilty of a misdemeanor, and subject to indictment in any court having jurisdiction thereof, and upon conviction, shall be fined or imprisoned, or both, at the discretion of the court, the fine not to exceed fifty dollars; the imprisonment not to exceed thirty days for each offense. Posting a card in two or more places on enclosed lands, fields, walks, or pastures, and one at the door of the Court House in the county where such lands, fields, walks, or pastures are situated, forbidding all persons to enter upon and hunt thereon, shall be held and deemed a legal notice under this section.

SEC. II. Be it further enacted by the authority aforesaid, That all

Summons in Justice Courts-Statement of Persons on Trial for Felony.

laws and parts of laws in conflict with this Act be, and the same

are hereby, repealed.

Approved September 29, 1879.

DATE AND SERVICE OF SUMMONS IN JUSTICE COURTS.

No. 179.

An Act to alter and amend section 4141 of the Code of 1873, which provides for the dating and serving of summonses in the Justice Courts in this State.

of the Code

to service of Justice

SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4141 of the Code of 1873 of this State be amended by striking out of said section all the words between the Section 41+1 word "cause" in the second line and the word "and" in the fourth amended as line, so that said section, when amended, will read as follows: summons in "All summonses shall bear date fifteen days before the time of the Courts. trial of the cause, and shall be served upon the defendant either by giving him a copy of the same in person, or by leaving such copy at his usual and most notorious place of abode, at least ten days before the trial."

SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.

Approved September 29, 1879.

STATEMENT OF PERSONS ON TRIAL FOR FELONY.

No. 170.

An Act to Amend section 4637 of the Code of Georgia, in reference to the statements of prisoners in cases of felony and the Act of 1874 amendatory thereof, entitled an Act to amend section 4637 of the Code of Georgia, by striking out the words, "for a felony," in the second line of said section. Said last mentioned Act approved 28th February, 1874,

of the Code

SECTION I. The General Assembly of the State of Georgia do enact, That section 4637 of the Code of Georgia, in reference to the statement of prisoners in cases of felony as amended by "An act Section 4637 entitled an act to amend section 4637 of the Code of Georgia by amended as striking out the words, "for a felony" in the second line of said to statem'nt section, "approved February 28th, 1874, be amended by adding after the word "it," in the fifth line of said before recited section, the following words, to-wit: "and the jury may believe such statement in preference to the sworn testimony in the case."

of prisoners

Venue of Suits against certain Insurance Companies -Punishment of Accessories After the Fact.

amended

suits against

insurance

SEC. II. And be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 27, 1879.

VENUE OF SUITS AGAINST CERTAIN INSURANCE COMPANIES.
No. 177.

An Act to amend section 3408 of the Code of Georgia with reference
to the venue of suits against Insurance Companies having more than
one place of business in this State, and for other purposes.

SECTION I. Be it enacted by the General Assembly of the State of Section 3408 Georgia, That from and after the passage of this Act, section 3408 of the Code of the Code of Georgia be, and the same is hereby, amended by venue of adding in the 7th line thereof, between the words "business" and 'was," the words "or in any county where such agency or place companies. of doing business;" so that said section, as amended, will read as follows, to-wit: Whenever any person may have any claim or demand upon any insurance company having agencies, or more than one place of doing business, it shall be lawful for such person, or persons, to institute suit against said insurance company within the county where the principal office of such company is located, or in any county where said insurance company may have an agency or place of doing business, or in any county where such agency or place of doing business was located at the time the cause of action accrued, or the contract was made, out of which said cause of action arose.

SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.

Approved September 29, 1879.

PUNISHMENT OF ACCESSORIES

MISDEMEANORS.

AFTER THE FACT IN

No. 45.

An Act to amend and enlarge section 4310 of the Code of 1873, in relation to the punishment of persons convicted of misdemeanors, and for other purposes.

SECTION I. Be it enacted by the General Assembly of Georgia, Section 4310 That from and after the passage of this Act the fourth line of of the Code section 4310 of the Revised Code of 1873, or so much of it as now

amended.

reads, "to work in a chain gang on the public works not to exceed twelve months," shall be amended and enlarged, so as to read as follows: "To work in a chain-gang on the public works, or on such other works as the county authorities may employ the chain

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