Commutation of Death Penalty. Recovery recover the full value of the life of the deceased as shown by the how held. evidence. In the event of a recovery by the widow, she shall hold the amount recovered, subject to the law of descents just as if it had been personal property descending to the widow and children from the deceased." SEC. II. Be it further enacted by the authority aforesaid, That no Recovery recovery had under the provisions of this Act, and the law of to debts of which it is amendatory, shall be subject to any debt or liability of husband or any character of the deceased husband or parent. not subject deceased parent. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved December 16, 1878. [McEwen vs. Springfield, decided by Supreme Court, September Term, 1879.] Section 4323 of Code amended. no discre viction for ommend RELATING TO COMMUTATION OF DEATH PENALTY IN CASES No. 15. An Act to repeal section 4323 of the revised Code of 1873, to prescribe the punishment for persons convicted of murder, and for other pur poses. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4323 of the Revised Code of 187, which is as follows: "The punishment of murder shall be death, but may be confinement in the penitentiary for life, in the following cases— Judge has by sentence of the presiding Judge if the conviction is founded tion where solely on circumstantial testimony, or if the jury trying the travjury on con- erse shall so recommend. In the former case it is discretionary murder rec- with the Judge; in the latter, it is not"-be and the same is imprison hereby repealed, and the following be submitted therefor: "The instead of punishment for persons convicted of murder shall be death, but may be confinement in the penitentiary for life, in the following cases: If the jury trying the case shall so recommend, or if the conviction is founded solely on circumstantial testimony, the presiding Judge may sentence to confinement in the penitentiary for life. In the former case, it is not discretionary with the Judge ; in the latter it is.” ment for life death. Circumstautial evidence. 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 Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.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 December 16, 1878. Disabilities of Richard H. Leonard Removed-Penalty for Burning Out-Houses Prescribed. RICHARD H. LEONARD RELIEVED OF CERTAIN DISABILITIES. An Act for the relief of Richard H. Leonard, Ordinary of the county administra tate. SECTION I. Be it enacted by the General Assembly of the State of Richard H. Georgia, That it shall be lawful for Richard H. Leonard, Ordi--authorized nary of the county of Talbot, to complete the administration of to complete the estates with which he was charged at the time of his election tion of esand qualification; and that he be required to make returns thereof to wit: as Executor of James P. Leonard, as Trustee of Anna J. Turner, as Trustee of Sarah C. Weekes, and as Guardian of Harriet V. Boon, to the Ordinary of Taylor county, and be by him dismissed according to law. of returns to in Taylor county. SEC. II. Be it further enacted by the authority aforesaid, That said Transcript executor, trustee and guardian shall have made out a full and com- be recorded plete transcript of his returns, and have the same recorded in the Court of Ordinary of the county of Taylor, at his own expense. SEC. III. 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 August 23, 1879. PENALTY FOR BURNING OUT-HOUSES PRESCRIBED. No. 27. An Act to amend section 4379 of the Code of 1873, in relation to burning out houses, by specifically including gin-houses in said section, and increasing the penalty prescribed in said section. of the Code SECTION I. The General Assembly of the State of Georgia do enact, Section 4379 That from and after the passage of this Act, section 4379 of the amended. Code of 1873 be amended by inserting after the word "stable", in the second line of said section, the words "gin-house"; and striking out the word "two", in the fifth line of said section, and inserting the word "three"; and striking out the word "seven ", in the sixth line, and inserting the word "fifteen", so that said section shall read : "The wilful and malicious burning of an outhouse of another, such as a barn, stable, gin-house, or any other Superior Court may Charter Schools, Colleges, Churches, etc. house (except the dwelling-house), on a farm or plantation, or elsewhere (not in a city, town or village), shall be punished by imprisonment and labor in the Penitentiary for any time not less than three years and not more than fifteen years.' 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 December 16, 1878. Court may academies, Corporate SUPERIOR COURT MAY CHARTER SCHOOLS, COLLEGES, CHURCHES, ETC. An Act to repeal section 1677 of the Code, and in lieu thereof to provide for the granting and amending of charters for schools, acade mies, colleges and churches. SECTION I. Be it enacted by the General Assembly of the State of Superior Georgia, That section 1677 of the Code, providing for the incorincorporate poration of academies and churches by the courts, be repealed, schools, and in lieu thereof, that the following be established: The Supeor church's. rior Court, upon the petition of five discreet and proper persons, showing that a school, academy, college, or church, has been, or powers of. is about to be, established in the county where such court is sitting, and asking for corporate authority to enforce good order, receive donations, make purchases, and effect alienations of realty, or personalty, not for purposes of trade and profit, but for promoting the general design of such institution, and to look after the general interests of such an establishment, may grant to such persons and their legal successors, such corporate powers as may be suitable to their enterprise, and not inconsistent with the laws of the State, twenty y'rs, nor violative of private rights; the charter so granted to remain of and may be force twenty years, unless sooner revoked by law, and upon peti Charter for amended. Costs of Certified tion by the corporators, or their legal successors in charge of any such institution, however and whenever incorporated, the Superior Court of the county where the same is located, shall have power to amend the charter thereof in any way prayed for; provided, the same is not contrary to the laws of the State, nor violative of private rights. SEC. II. Be it further enacted by the authority aforesaid, That the costs of recording such proceedings on the minutes shall be paid proceedi'gs. by the petitioners, and a certified copy of the same, under the seal of the court, shall be sufficient evidence in any case, of the corpo Corporate rate powers and privileges so granted. powers and copy of charte. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 16, 1878. Crime of Shooting at Another prescribed-Unlawful Firing of Woods. CRIME OF SHOOTING AT ANOTHER DESCRIBED AND HOW PUNISHED. No. 314. An Act to alter and amend section 4370 of the Revised Code of Georgia, which relates to the description and punishment of the offense of shooting at another. amended another. SECTION. I. Be it enacted by the General Assembly of the State of Section 4370 Georgia, That section 4370 of the Revised Code of Georgia, of the Code which reads as follows: "Any person who shall be guilty of the shooting at offense of shooting at another, except in his own defense, or under circumstances of justification, according to the principles of this Code, with a gun, pistol or other instrument of the like kind, shall be punished by a fine not exceeding one thousand dollars, and imprisonment in the common jail not less than twelve months, or confinement in the penitentiary not less than one, nor more than four years in the discretion of the Court" be, and the same is hereby amended, by striking out, at the end of the fourth line, between the word "dollars" and "imprisonment," the word "and." and insert in lieu thereof the word "or," so that said section as amended shall read as follows: "Any person who shall be guilty of the ished." offense of shooting at another, except in his own defense, or under circumstances of justification according to the principles of this Code, with a gun, pistol, or other instrument of the like kind, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the common jail not less than twelve months, or both, or confinement in the penitentiary not less than one nor more than four years, in the discretion of the Court. 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 18, 1879. How pun PRESCRIBING PENALTY FOR UNLAWFUL FIRING OF WOODS. No. 309. An Act to amend section 1458 of the Revised Code of this State, of 1873, in relation to the penalty for setting fire to woods without notice. woods SECTION I. Be it enacted by the General Assembly of the State of Unlawful Georgia, That section 1458 of the Revised Code of this State be firing of amended by striking out all of said section after the word "sec- penalty. tions," in the second line, and inserting the following, to-wit: "Shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of said Code." Arresting Officers may carry Weapons SECTION 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 18, 1879. of the Code ARRESTING OFFICERS MAY CARRY WEAPONS ON PERSON No. 266. An Act to alter and amend section 4528 of the Revised Code of Georgia of 1873, in reference to carrying deadly weapons about the person to public places in this State, by adding a proviso thereto so that said section shall not apply to any Sheriff, deputy Sheriff, Coros er, Constable, Marshal, Policeman, or other arresting officer or officers of this State or their posses, acting in the discharge of their official duties. SECTION I. Be it enacted by the General Assembly of the State of Section 4528 Georgia, That from and after the passage of this Act, section 4528 so amended of the Revised Code of Georgia of 1873 be, and the same is certain off hereby, altered and amended so that when said section is amended ficers from it will read as follows, to wit: "No person in this State is per as to ex'mpt its terms. Enumera cers excepted. mitted or allowed to carry about his or her person, any dirk, bowie knife, pistol or revolver, or any kind of deadly weapon to any court of justice, or any election ground or precinct, or any place of public worship, or any other public gathering in this State except Militia muster grounds; and if any person or persons tion of off-shall violate any portion of this section. he, she or they shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty nor more than fifty dollars for each and every such offense, or imprisonment in the common jail of the county not less than ten nor more than twenty days, or both, at the discretion of the court; provided that this section shall not apply to any Sheriff, deputy Sheriff, Coroner, Constable, Marshal, Policeman, or other arresting officer or officers in this State or their posses, acting in the discharge of their official duties. 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 14, 1879. |