To expedite the trial of certain causes-Drawing Jurors. (No. 90.) An Act to expedite the trial of causes in the Superior Courts of this terested, sides. 5. SECTION I. Be it enacted by the General Assembly of the State When the of Georgia, That from and after the passage of this act, it shall be Judge is inthe duty of the Clerks of the Superior Courts of the respective coun- who preties of this State to appoint a member of the bar, with sufficient experience and capacity, to act as Judge in all cases in which the Judge presiding is interested, as counsel or otherwise, in the event that the attorneys do not, or will not, agree upon a member of the bar present to preside in such cause. consent of cessary in 6. SEC. II. Be it further enacted, That in all cases in which the Written presiding Judge may have been employed as counsel, before his ap-counsel nepointment as Judge, that he shall preside in such cases if the oppo- certain site party or counsel agree, in writing, that he may preside, unless cases. the Judge declines so to do. SEC. III. Repeals conflicting laws. (No. 91.) An Act to provide for the drawing of Jurors in such counties in this State, and in such of the City Courts thereof, as at the last terms of said Courts no Jurors were drawn. ficers draw 7. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and immediately after the passage of this Certain of act, it shall be the duty of the several Ordinaries, Clerks and Sher- Jurors. iffs of such counties in this State, in which, at the last terms of the Superior Courts thereof, no Jurors were drawn for the next ensuing terms of said Courts, to proceed at once, in the manner now prescribed by law, to draw a sufficient number of Grand and Petit Jurors to serve at the approaching terms of said Superior Courts. 8. SEC. II. Be it further enacted, That from and immediately af- Jurors for ter the passage of this Act, it shall be the duty of the several Judges City Courts of the City Courts of this State, together with the Clerks and Sheriffs thereof, in all cases in which at the last terms of said City Courts no Jurors were drawn to serve at the ensuing terms of said Courts, to proceed at once to draw, in the manner now prescribed by law, a sufficient number of Grand and Petit Jurors to serve at the approaching terms of said City Courts. SEC. III. Repeals conflicting laws. Quo Warranto. Trial by jury. Notice. Continuance. Writ of Quo Warranto-Appointment of Notaries Public. (No. 92.) An Act to provide for the manner and time of hearing and determining causes by writ of quo warranto. 9. SECTION I. Be it enacted by the General Assembly of Georgia, That writ of quo warranto may be returned, heard and determined, by the Judge of the Superior Court within twenty days from its service on the defendant, in all cases where there is no fact in dispute. 10. SEC. II. In cases of a denial of facts, which denial the defendant or defendants shall make on oath, the Judge shall, forthwith, in the usual manner, draw a jury of twelve men, to try the issue of facts, and the Judge shall have the power to fix a day for the trial of said issue of facts, with an order that the Sheriff shall notify the parties of the time and place of trial; Provided that the day fixed for such trial shall not be less than ten nor longer than thirty days; and Provided further, that the Judge shall have the discretion to continue the hearing, from day to day, as the law now provides for other cases. SEC. III. Repeals conflicting laws. (No. 93.) Code amended. Notaries Code amended. Notarial An Act to prescribe the mode of appointing Notaries Public, and to render valid their acts. 11. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1503 of the Code be so amended as to read as follows: "The power to appoint Notaries Public is vested in the Judges of the Superior Courts, and may be excused by them in vacation as well as in term time. 12. SEC. II. Be it further enacted, That section 1505 of the Code be so amended as to substitute the word Judges for Justices, and that section 1504 of the Code be amended so as to substitute the word Superior for Inferior. 13. SEC. III. Be it further enacted, That all acts heretofore done by Notaries Public in the manner prescribed by the Code, are hereby declared to be legal and valid, and all acts that may hereafter be acts valid. done in the manner prescribed by law by Notaries Public, who have heretofore been appointed, shall be valid and binding in law; Provided, that this Act shall not be so construed as to continue in office any Notary Public for a longer time than that for which he was appointed by the Justices of the Inferior Court. Approved October 10, 1868. Mode of conducting suits. (No. 94.) An Act to prescribe the mode of conducting suits before Justices of the Peace and Nota 14. SECTION 1. Be it enacted by the Senate and House of Repre- Suits before sentatives of the State of Georgia, That from and after the passage of these of this act, all suits before Justices of the Peace and Notaries Public, and Publie. who are ex-officio Justices of the Peace, shall be commenced by summons, which shall be issued and signed by the Justice of the Peace or Notaries Public as the case may be, of the District in which the suit is brought, and said summons shall be directed to the defendant, or defendants, commanding him, or them, as the case may be, to appear at a certain time and place specified in said summons, in said district, to which the summons is returnable, to answer the plaintiff's demand; and all summons shall bear date fifteen days before the Amount time of the trial of the cause, if the amount is under fifty dollars, $50, 15 days and shall bear date twenty days before the time of trial, when the Twenty amount is over fifty dollars, and all summons shall be served under days when the same rules and regulations as they are now served in suits in $50. Justices Courts of this State. notice. more than 15. SEC. II. And be it further enacted, by the authority aforesaid, That if either is dissatisfied with the judgment of the Justice of the Peace or Notary Public, as the case may be, and upon all confessions Appealof judgments, provided the amount is over fifty dollars, he or they, when enmay as a matter of right enter an appeal from said judgment, within four days (exclusive of Sundays) after the rendition of said judgment, under the same rules, regulations, restrictions, and liabilities as have heretofore prevailed in Georgia, on the subject of appeals in the Superior Courts, as laid down in part 3d, title 5th, of Irwin's Revised Code of Georgia; and it is further enacted, that when an appeal has been entered, as has been herein before provided, it shall be the duty of such Justices of the Peace or Notary Public, as the case may be, to transmit the same to the Clerk of the Superior Court, of the county. in which proceedings may have been had, at least ten days before the Trial of next Superior Court of said county, to be there tried as appeals have appeal. been tried heretofore in Georgia; Provided, nothing herein contained shall be so construed as to deny parties the right of certiorari, when Certiorari. the amount is less than fifty dollars. Claims SEC. III. And be it further enacted by the authority aforesaid, That when an execution rendered by a justice of the peace or notary pub- how dislic, who is ex-officio justice of the peace, shall be levied upon per- posed of. sonal property, which is claimed by a person not a party to such execution, the proceedings shall, in all respects, conform to the law of claims in justices courts, as laid down in sections 4100 or 4101 of Irwin's Revised Code, except that the claim shall be tried by the justice of the peace or notary public, as the case may be, in lieu of a trial by five jurors: And provided further, that no claim shall be tried by a justice of the peace or notary publie until five days' notice Ordinaries bitrators Ordinaries may appoint arbitrators, shall have been given the plaintiff in execution and the claimant of the time and place of trial. SEC. IV. Repeals conflicting laws. (No. 95.) An Act to authorize the Ordinaries of this State to appoint Arbitrators in certain cases therein mentioned. SECTION I. Be it enacted, etc., That whenever the act of incorporation of a company for mining or other purposes, authorizes or requires the action of the Inferior Court, or of the Justices of the Inferior Court of the county in the appointment or selection of arbiappoint ar-trators to settle or fix the amount of rents, issues, profits or damages, between to be paid by the company to the land owner, or to assess damages miners and between the company and the owner of the land, that duty shall be performed by the Ordinary of the county in the same manner and under the same circumstances that the Inferior Court or the Justices of the Inferior Court were heretofore authorized and required to appoint or select such arbitrators. head own ers. SEC. II. Repeals conflicting laws. (No. 96.) Suits before Jus tices of the how commenced. Summons: to whom directed and how served. An Act to provide for the service of Summons, and for appeals in Justices Courts, and for other purposes. 18. SECTION I. Be it enacted by the General Assembly of Georgia, That all suits shall be commenced before justices of the peace and Peace and commissioned notaries public in this State by written summons, as Notaries heretofore practiced in the justice courts of this State, which shall be directed to any lawful constable of the county in which the suit is commenced, and shall specify the time and place of the trial, and a copy or copies shall be served upon the defendant or defendants at least ten days before the trial, personally, or by leaving the same at his or their notorious place of residence, and the date of the issuing the summons shall be considered the commencement of the action. If either party is not ready for trial, at the time and place designated in the summons, the justice or commissioned notary public may conContinu- tinue the case, upon a sufficient legal showing for such reasonable time, not exceeding ten days, as he may appoint. But neither party shall be entitled to more than one continuance, unless it be for providential cause. ance: when granted. 19. SEC. II. And be it further enacted, That either party cast in the suit, may in any case, where the sum claimed is more than fifty dollars, at any time within four days, after the trial, (Sundays exéd. cepted) enter an appeal to the Superior Court of the county on pay Appeals: how enter Section 12, Division 2, Article V of Constitution. ment of all cost that has accrued in the case, and giving bond and security for the payment of any sum that may be found against him by said Superior Court, with all future costs. If either party desiring to enter an appeal, will file a written affidavit, in said Court, that, by reason of his poverty, he is not able to pay the cost and give If unable security, and that he is advised, and believes he has good grounds of to pay costs appeal, he may enter an appeal upon filing such affidavit. If the judgment of the Superior Court should be, that an appeal is frivolous, and intended for delay only, said Court shall, in addition to the If appeal is final judgment in the case, enter judgment against the appellant for twenty per cent. damages on said frivolous appeal. frivolous. sued. 20. SEC. III. And be it further enacted, That in all cases, when no appeal lies or none is entered, a justice of the peace, or commissioned Execution: notary public, shall issue execution, after the expiration of four days, when is(Sundays excepted,) and the levy shall be advertised ten days, in case Levy-if on of personal property, before the day of sale, which advertisement personalty. shall designate the time and place of sale, and shall give a reasonable description of the property to be sold, and shall be posted in three public places in the county. In case the levy is upon real estate, it shalt be turned over to the sheriff of the county and disposed of as now directed by law. SEC. IV. Repeals conflicting laws. If on realty (No. 97.) An Act explanatory of, and to carry into effect, Section 12, Division 2, and Article 5, of the Constitution of the State of Georgia. criminal Duty of 21. SECTION I. Be it enacted by the General Assembly of the State of Change of Georgia, That in all criminal cases in which a change of venue shall venue in be made, that it shall be the duty of the sheriff of the county from cases. which the prisoner is to be moved, to carry said prisoner to the county to which the change of venue was directed, and deliver the prisoner Sheriff. to the sheriff of said county, who shall then take charge of such prisoner just as in other cases. It shall further be the duty of the sheriff of the county from which the prisoner is to be removed, to carry with him and deliver to the sheriff the warrant under which the prisoner was arrested, or the commitment. It shall be the duty of Clerk. of the clerk of the Superior Court of the county from which the prisoner has been removed, to send a true transcript of the order for the change of venue, together with the evidence before the Court of Inquiry, and all other papers connected with the case, to the Superior Court of that county to which the prisoner has been transferred. 22. SEC. II. Be it further enacted, That the county in which the Costs-by crime has been committed, and from which the prisoner has been whom paid. transferred, shall be responsible and pay all costs, both of officers and witnesses, together with any other costs that might accrue up to the time of the change of venue; that is, the county from whence the |