988 COMPTROLLER GENERAL. (Continued.) Responsible for moneys paid contrary to law, 831. Shall issue executions for taxes, 833. Shall furnish to the attorney and solicitors general lists of executions against tax collectors, 832. Shall pass no warrant improperly drawn, 831, 833. Shall report annually all unexpended appropriations, 831. To make a complete report annually of the state of the treasury, 831, 832. CONSTABLES. Elective by the people annually, and to take an oath, 510, 511. Failures of election how supplied, vacancies how filled, and term of office, 511. May be appointed by justices in sudden and special cases only, 511. Constables' bonds payable to the governor made valid, 512. Their fees, 263, 266. Their duty on inquests, 456. Their fees on inquests, 458. May be ruled by justices for money collected, 510. Amendments, 900. Amendments proposed, but not ratified by three-fourths of the States, 901, 902. Constitution of the State of Georgia as amended, 902-913. How the Constitution of Georgia is to be altered, 913. All officers to take an oath to its support, 179. Omissions cured, 214. Resolutions referring to the Constitution of the United States, 914. Resolutions proposing to alter the Constitution of Georgia, 914. CONTAGION. And see Health. Justices of the inferior courts may provide hospitals, &c., 277. May employ a guard, &c. if necessary, 277. Expenses of preventing the spread of contagion to be paid by the State, 277. CONTRACTS. Contracts requiring a note in writing by statute 29, Charles II., 914-917. By decedents for land, how to be enforced, 230, 237. Partial failure of consideration may be pleaded and proven, 475. CONVEYANCES. ACTS PREVIOUS TO 1820. Conveyances of real and personal estate to be recorded in the register's office within sixty Wills to be recorded within three months from the testator's death or be void, 159. Wife to execute the deed with her husband, and make a separate acknowledgment and relinquishment of dower before a magistrate, 160, 163. CONVEYANCES. (Continued.) Widow's dower not barred unless legally relinquished, 161. All deeds of conveyance of real or personal estate recorded in the secretary's office within ten days from their date, to be preferred, 161. Mode of execution prescribed by the act of 1760, 160. Subsequent conveyances in fraud of former mortgages, &c., 159, 161. Younger mortgages allowed to redeem, 161. Fraudulent mortgagors not allowed to redeem, 161. Formal defects not to vitiate, 161, 162. No deed made before February, 1785, to be void for want of livery of seizin, enrollment, or How conveyances of real estate after February, 1785, shall be executed, 162, 163. To be recorded in the county within twelve months, 162. Time extended for those made before the 1st February, 1788, 164. Conveyances, &c. lost during the revolutionary war, how to be established, 163, 164. Letters of attorney made in other States, how to be proved in this, 163. If made in this State, 163. Such letters should expressly give power to sell lands, 163. Parol leases for less than three years to be only as estates at will, 914, 915. Leases to be in writing, 914, 915. Conveyances to defraud creditors and purchasers void by the 13th and 27th Eliz., 918, 919. If witnesses are dead or removed, hand-writing may be proved, 165. Mortgages of realty or personalty existing in 1827, when and how to be recorded, 165. How admitted to record, 165, 166. Unrecorded mortgages lose their lien unless oath made, 166. How as to personalty out of the State, 165, 166. Other deeds than mortgages to be recorded in twelve months, 167. Commissioners in other States to take acknowledgments of deeds, 167. Conveyances in tail vest a fee simple, 246, 247. Dower when barred and when allowed, 249. CONVICTS. Becoming insane after conviction, execution may be stayed, 663. Residing in different counties, may be sued in either, 421, 422, 910. Process how issued, served and returned, 421, 422. Representative of co-obligor may, after twelve months, be sued in the same action with the Shall have the benefit of the writ of Ne exeat against their fellow-sureties or obligors about to COPARCENERS. How to obtain partition, 541. CORONERS. Bond, $500, 458. His oath of office, 455. Fees, 260, 263, 458. May issue execution for his fees, 266. Arrests by a coroner, 290. May summon juries when the sheriff is disqualified, 430. Shall serve processes where the sheriff is interested, 421. His whole duty concerning inquests, 455–458. COSTS. In civil cases, fees of no more than two witnesses to any one point allowed in costs, 425. 435. On commissions of lunacy, 255. If the damages for slanderous words are under 40 shillings, no more costs than dainages, 576. Costs not payable till after judgment, 474. COSTS. (Continued.) In criminal cases, property of defendant or prisoner liable for costs, from the time of his Not payable till after conviction, 618. Judgment for costs then to be entered and execution to issue, 447, 467. Costs to be paid by prosecutor, if either jury acquit and find malice, 659. Defendants acquitted, not liable to costs, 659. Costs on acquittals, and costs due by insolvents, to be paid by the sheriff or clerk out of fine COTTON SEED. To be sufficiently enclosed and duly removed, on pain of $3 per week, 168. Or knowingly uttering base coins, penitentiary four to ten years, 635. Bank notes, four to ten-bank checks, &c. three to seven years, 635, 636. COUNTIES. Inferior courts to have charge of court-houses and jails, 169. Shall issue execution for county funds, 169, 170. County tax on show-men, 170. Inferior court may levy county taxes on recommendation of two-thirds of the grand jury, Bridges over water-courses dividing counties, 171. Security for jail fees by plaintiffs residing out of the county, 288. County funds to be paid to the clerk of the inferior court, 182. Or to the county treasurer where there is such an officer, 185. Money from fines, &c. to go to county purposes, 171. Clerk to report the funds annually to the inferior court, 173. To the grand jury, 184. Commissioners to examine the county funds, 173 (n). How the county funds are to be evidenced and accounted for, 182, 185. Execution may issue against defaulting clerks, 173. County tax may be laid to pay officers' fees, 264, 265. County officers shall keep a record of all receipts and payments, 175. Records shall be kept in well bound books, 172. Inferior courts may have the records transcribed, 173, 174. Clerks to make a schedule, and deliver all books and papers to their successors, 172. Schedule to be recorded, 172. Ex-officers liable for papers not in the schedule, 172. COUNTY OFFICERS. How and when elected, 176, 178, 911. Vacancies how filled, 176, 186. Sheriff's bonds how taken, 176, 177. Jailers shall give security, 178. Clerk of court of ordinary to give bond in $2,000, 178, 179. County officers shall qualify in ten days, 178. Or the office shall be considered vacant, 183. Incumbents shall officiate till their successors are commissioned, 177. Removable by the governor, 176. Subject to order of court after they are out of office, 178. No money defaulter to be commissioned, 183. Acts of deputy clerks under twenty-one years of age made valid, 184. Fees raised 25 per cent., 831. The duty and fees of clerks in recording manifests of slaves brought into the State, 656. Clerks of superior court to notify the penitentiary keeper immediately of convictions, 662. Ex-officers detaining records, files, &c. punishable, 639. COUNTY TREASURER. May be appointed by the inferior court, 185. Where such appointment is made, he shall receive all county funds except the poor school fund, and make all payments, 185. COUNTY TREASURER. (Continued.) How he shall record, exhibit and account for them, 185. COURTS OF ORDINARY. Clerk shall give bond in $2,000, 173, 179. May appoint three or more freeholders to make distribution of personal estate, 241. Acts concerning it, 939. CRAWFORD COUNTY. Laws relating to that county, 939. CREDITORS. Of insolvent debtors, how notified of their intended discharge, 286, 289. Creditors attesting wills, admissible witnesses, 918. CRIMES. Crimes and misdemeanors defined—what persons are capable of committing them, 620. All crimes to be punished by the law as it stood when the crime was committed, 662. There shall be no conviction of an attempt only, when it appears that the crime itself was Compounding of crimes, penitentiary 1 to 5 years, 641. Persons sentenced to the penitentiary a second time shall suffer the longest legal imprison- CRIMINALS. Fees for executing them may be charged to the public if the estate of the criminal is insol- Their property bound for cost from the date of the arrest, 446, 467. CROPS. While growing, not to be levied on by the sheriff unless the defendant absconds, 476. By jailers to prisoners, penitentiary 1 to 3 years, 638,639. Cruel treatment of slaves or free persons of color, fine and imprisonment, 656. DAMAGES. Not less than 10 per cent. on frivolous claims, 448. To be assessed on the execution or upon the property claimed, whichever is smallest in Five per cent. on dishonored bills if drawn on another State, 454. Damages, premium, &c. on dishonored bills drawn on persons not of the U. States, 462, 463. DATE. Judgments to bind the property of defendant from their date, 426, 507. Judgments, mortgages, and executions, to be paid by executors and administrators according Property of convicts bound for costs from the date of their arrest, 446, 447, 467. Militia officers to take rank by the date of their commissions, 585. DEAF AND DUMB. Resolutions concerning the education of the deaf and dumb, 884, 885. DE BENE ESSEE. Commissions to take the testimony de bene essee of persons infirm or going out of the State, DEBT, ACTION of. Limitation to four years from the accrual of the action, 575. Or the same period from the removal of disabilities, 577. DECATUR COUNTY. Laws concerning it, 940. DECLARATION. How in general to be framed, 420. How to be framed in divorce cases, 187, 188. DECREE. May be made on a bill taken pro confesso, 447. DEDIMUS. See Interrogatories. DEEDS. Attested by one justice of the peace or by a clerk of the superior court declared valid, 212. DEEDS. (Continued.) Recorded before the 23d December, 1826, but not within legal time allowed as evidence, 217, 218, 220, 221. Deeds then existing allowed to be recorded within twelve months, 217, 218, 220, 221. DEER. Five pounds or thirty-nine lashes penalty for hunting deer by fire light, 614, 615. Judgment of default to be entered on failure of appearance, but the cause must go to a jury, 421. DE KALB COUNTY. Laws concerning it, 940. DE KALB MANUFACTURING COMPANY. Incorporated (1832), 385. DEPUTY CLERKS. Deeds enrolled by them admissible as evidence, 211. DEPUTY SHERIFFS. Appointed by the sheriff who is answerable for his acts, 431. DETINUE. Limitation of the action to four years from the accrual of the cause, 575. Or from the removal of disabilities, 577. DIGEST. Laws to be digested and promulgated, 911. DILATORY PLEAS. To be on oath, 421. DISMISSORY LETTERS. See Executors, Administrators and Guardians. Keeping an ill-governed or disorderly house, fine or imprisonment, or both, 646. Warrants of distress for rent, how issued and levied, 687. Goods may be replevied, 687. If claimed, how tried, 687. Arms, equipments, &c. not liable to distress, 591. DISTRIBUTION. Bills for account or distribution may be brought by or against any one of the parties DIVORCE. Declaration, how framed, tested, served, and returned, 187, 188. Applicant shall render a schedule of property: how the same shall be disposed of, 189, 190. Where the defendant resides out of the State, the court may by rule compel appearance, 188. Form of the verdict, 188. In cases of conditional divorce, the jury shall make provision for the support of the wife and The party whose improper conduct shall authorize an absolute divorce, shall not marry again But such divorces for pre-existing causes, no bar to a second marriage, 188, 189. The superior court may appoint commissioners to settle the terms of the separate maintenance Oath and further duty of the commissioners, 189. Their report may be reviewed by themselves and two additional commissioners, 189. Further powers and duties of the commissioners, 189. Husband not subject to the debts of the wife after separation, 189. The issue in no case of divorce to be bastardized, 189. Two concurring verdicts of special juries conclusive, 911. DOCKETS. A criminal docket shall be kept, 436. Clerks shall keep a satisfaction and a subpoena docket, 436. Sheriff's shall keep an execution docket, 436. DOCUMENT LAW. Declaring that no document of title, not barred by the statute of limitatious shall be withheld from a jury, 210. |