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Bail in Criminal Cases-Jurisdiction of Ordinary over Court Contracts.

after the

gang, not to exceed twelve months;" so that said section, when amended, will read as follows: "Accessories after the fact, except penalty for where it is otherwise ordered in the Code, shall be punished by a accessories fine not to exceed one thousand dollars, imprisonment not to ex-fact. ceed six months, to work in the chain-gang on the public works, or on such other works as the county authorities may employ the chain-gang. not to exceed twelve months, and any one or more of these punishments may be ordered in the discretion of the Judge ; Proviso. provided, that nothing herein contained shall authorize the giving the control of convicts to private persons, or their employment by the county authorities in such mechanical pursuits as will bring the products of their labor into competition with the products of free labor.

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 That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.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 August 11, 1879.

BAIL IN CRIMINAL CASES.

No. 89.

An Act to alter and amend section 4747 of the Code of 1873 on the subject of bail in criminal cases.

amended as

criminal

SECTION I. The General Assembly of the State of Georgia do enact, Section 4747 That from and after the passage of this Act, section 4747 of the of the Code Code of 1873 be altered and amended by striking from the first to bail in and second lines thereof the words, "No person shall give bail but cases. once before indictment found, nor more than twice afterwards before trial," and inserting in lieu thereof the following: "No person shall give bail more than twice before trial for the same offense, after presentment or indictment found."

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 Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.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 August 29, 1879.

JURISDICTION OF ORDINARY OVER COURT CONTRACTS.

No. 117.

An Act to amend the law in relation to Court contracts, as contained in sections 2758 to 2772, inclusive, of the Revised Code of 1873, so as to confer upon the Courts of Ordinary, in such counties as have no County Courts, the power and jurisdiction to file, enforce and determine Court contracts, and for other purposes.

SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That

Sections

2758 to 2772

amended,

Penalty for Larceny from Person-Prosecution not required in Damage Suits for Torts.

from and after the passage of this Act, the Courts of Ordinary, in such counties in this State as may not have County Courts estabinclusive lished or organized, shall have power and jurisdiction to file, enand Courts force, and to hear and determine any issue arising out of what are of Ordinary known as Court contracts, in the manner and to the same extent to have jurisdiction of as now allowed the County Courts of this State, and as is provided tracts" in for in sections 2758 to 2772, inclusive, of the Revised Code of 1873. 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.

"Court con-

counties

that have no

County
Courts.

Approved September 12, 1879.

Larceny from the person.

Penalty

changed.

PRESCRIBING PENALTY FOR LARCENY FROM THE PERSON.

No. 33.

An Act to alter and amend section 4411 of the Revised Code of 1873 in relation to the punishment of the offense of larceny from the person.

SECTION I. The General Assembly of the State of Georgia do enact, That section 4411 of the Revised Code of 1873 prescribing the punishment of larceny from the person as follows, to-wit: "A person convicted of this class of larceny shall be punished as prescribed in section forty-three hundred and ten (4310) of the Code," be, and the same is hereby, altered and amended so as to read as follows: "The punishment for larceny from the person shall be as is prescribed in section forty-three hundred and ten (4310) of the Code, except in those cases where the article, money, or thing stolen, exceeds in value fifty dollars, then the punishment shall be imprisonment in the penitentiary for a term not less than two years, nor more than five years."

SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act are hereby repealed. Approved July 22, 1879.

PROSECUTION NOT REQUIRED IN DAMAGE SUITS FOR TORTS.

No. 78.

An Act to alter and amend section 2970 of the Code of 1873, and for other purposes.

SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the provisions of section 2979 of the

Forfeiture of Recognizance in Criminal Cases-Lost Bonds or Coupons.

of the Code

Code of Georgia of 1873, which declares: "If the injury amounts to a felony as defined by this Code, the person injured must either, Section 2970 simultaneously, or concurrently, or previously, prosecute for the repealed. same, or allege a good excuse for the failure so to prosecute," shall not apply to torts committed by railroad corporations, or other incorporated companies, or their agents, or employes, nor shall, the same apply to natural persons.

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 August 27, 1879.

[NOTE-Section 2970 of the Code, repealed by this Aet.]

RELATING TO FORFEITURE OF RECOGNIZANCES IN CRIMINAL
CASES.
No. 63.

An Act to prevent the forfeiture of recognizances in criminal cases, ex
cept when the prosecuting officer is ready for trial, and for other
purposes.

ses in crimi

SECTION I. Be it enacted by the General Assembly of Georgia, That Recognizan no recognizances in criminal cases called out of the regular order inal cases. in which they appear on the docket, shall be forfeited for the non- How forfeitappearance of the principal, unless the Solicitor-General, or other prosecuting officer, shall state in his place that the State is ready for trial

SEC. II. Be it 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 August 23, 1879.

[NOTE -Code, Sections 4702 4703.]

ed.

CONCERNING THE ISSUE OF LOST BONDS OR COUPONS.

No. 84.

An Act to amend sections 951, 952 and 953 of the Code, relative to the issuance of lost Bonds or coupons, so as to apply the same to Bonds or coupons, as well as to Bonds and coupons.

951-2-3 of

SECTION I. Be it enacted by the General Assembly of the State of Sections Georgia, That Sections 951, 952 and 953 shall be, and are hereby, the code amended so as to read as follows: 951. "When any bond and amended. coupon, or coupons alone, shall be lost, mutilated or destroyed the Section 951, Governor may issue to the holder a new bond with coupon at ed. tached, or, if coupon alone be lost, mutilated or destroyed, he may direct the Treasurer to issue new coupons in lieu of such coupons

how amend

Section 952,

ed.

bonds or

be surren

dered.

holder.

Charters of Private Corporations by Courts.

as may be lost, mutilated or destroyed." 952. "When mutilated, how amend the mutilated bond or coupon must be surrendered; when lost or Mutila ed destroyed, the holder must make affidavit of such fact, that they coupons to were his, in his own or some other right at the time of the loss or destruction; if lost, that he has made diligent search, without Affidavit of avail, and despairs of ever finding them." 953. "Having made such Section 953, affidavit, he shall then, before receiving the new bond or coupon, give bond and security, to the Governor, in a sum double the amount of the bond and coupon, or coupons alone, so issued (as the value of the case may be), conditioned to save the State harmless, on account of issuing said new bond and coupon, or coupons only, (as the case may be)."

how amend

ed. Bonds in double the

lost or mu

tilated bonds and

Coupon, or coupons. Conditioned

SEC. II. Be it further enacted by the authority aforesaid, That all to save the laws and parts of laws militating against this Act be, and the same

State harm

less. are hereby, repealed.

Approved August 28, 1879.

RELATING TO CHARTERS OF PRIVATE CORPORATIONS BY
THE COURTS.

No. 67.

so amended

ize the in

of religious

tious.

An Act to amend section 1676 of the Code of Georgia with refer ence to the creation of private corporations by the courts of this State.

SECTION I. Be it enacted by the General Assembly of the State of Section 1676 Georgia, and it is hereby enacted by authority of the same, That secas to author- tion 1676 of the Code of Georgia be, and the same is hereby, corporation amended by adding to paragraph 1 of said section the followand citing provisions, to-wit: "And it may be lawful for any association ble Associa of churches to be chartered for the purpose of promoting the cause of the Christian religion, charity, or education, by comply. ing with the provisions of this section, except that they need not state the amount of capital to be used by them actually paid in, and when the meetings of said association are ambulatory, they shall not be required to set forth their place of business, and provided further, that said association may be chartered in any county in which a church belonging thereto may be located." And paragraph 3 of said section shall not apply to such corporations, and the publication of notice required shall be in the nearest public gazette to the county where the application is made.

SEC. II. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed.

Approved August 25, 1879.

Acts of 1876, p. 34, and Act of 1879, approved August 25,

Trial of Joint Defendants-Recovery by Widow for Children or Life of Husband or Father.

RELATING TO TRIAL OF JOINT DEFENDANTS.
No. 6.

An Act to amend section four thousand six hundred and ninety-two
(4692) of the Revised Code of 1873 relating to the trial of joint de-
fendants.

Section 4692 of Revised

may sever

When de

trial compe

nesses for or

SECTION I. Be it enacted by the General Assembly of the State of Code Georgia, That from and after the passage of this Act, section amended. When joint four thousand six hundred and ninety-two (4692) of the Revised defendants Code of 1873, regulating the manner of the trial of joint defend- on trial. ants, be, and the same is hereby amended, so as to read and be fendants as follows: "When two or more persons shall be jointly indicted sever on for any offense, whether the offense be such as requires the joint tent wit action and concurrence of two or more persons or not, they shall against each be separately tried, if they or either of them elect so to severand when defendants are separately tried they shall be competent conviction to testify for or against each other. If the offense be such as re- not operate quires the joint action and concurrence of two or more persons, acquittal or the acquittal or conviction of one, shall not operate as an acquittal of any of or conviction of any of the others not tried, but they shall be the others subject to be tried in the same manner; provided, that the State Each shall also shall have the right of severance on the trial.'

other.

Acquittal or

of one shall

as the

conviction

not tried.

be tried in same

State shall

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

Approved December 14, 1878.

RECOVERY IN SUITS BY WIDOW OR CHILDREN FOR LIFE OF

HUSBAND OR FATHER, ETC.

No. 8.

An Act to amend section 2971 of the Code of 1873, so as to provide that in case of suits under said section, either the widow or children, as the case may be, shall recover the full value of the life of the deceased, and prescribing the manner in which the widow shall hold the amount recovered, and for other purposes.

the right of severance on trial.

for homi

band or

SECTION I. Be it enacted by the General Assembly of the State of widow, Georgia, That section 2971 of the Code of 1873, which provides child or "that a widow, or, if no widow, a child, or children, may recover may recover for the homicide of the husband or parent, and if suit be brought cide of husby the widow or children, and the former or one of the latter dies, parent. pending the action, the same shall survive in the first case to the children, and in the latter case to the surviving child or children," be, and the same is hereby, amended by adding thereto the followng: The plaintiff, whether widow or child, or children, may

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