Free trans Payment of the interest now due and to mature. the Confederate dead whose remains may now be within the limits of this State not properly interred. 31. SEc. II. Be it further enacted, That the Superintendent of the portation. Western & Atlantic Railroad is hereby directed and required to furnish free transportation for everything required in the performance of this sacred duty. SEC. III. Repeals conflicting laws. TITLE III. Governor to issue BONDS. SEC. 1. Governor authorized to issue Bonds to pay interest, etc. (No. 5.) An Act to provide for the payment of the interest now due and to mature on the Bonds of this State for the fiscal year 1868. SECTION I. Be it enacted, etc., That his Excellency, the Governor, authorized be, and he is hereby authorized to issue bonds of the State sufficient Bonds. to pay the interest due and unpaid, and the interest maturing on the bonds of this State up to February 1st, 1869. SEC. II. Repeals conflicting laws. An Act to repeal the last clause of Section 584 of the Revised Code of Georgia. of Code 1. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the last clause of section five hundred and eighty-four, Section 584 (584) of the Revised Code of Georgia, which said clause is in the fol- amended, lowing words, to-wit: "But no other officer can be County Treasurer, County except the Clerk of the Superior Court," be and the same is hereby Treasurer. repealed. SEC. II. Repeals conflicting laws. (No. 7.) An Act to amend the 2489th paragraph of the new Code of Georgia, and to allow Sureties on Administrators' Bonds to make returns in certain cases. Section ded. 2. SECTION I. Be it enacted by the General Assembly of the State of 2489 of the Georgia, and it is hereby enacted by authority of the same, That the 2489 Code amenparagraph of the new Code of Georgia, which reads as follows: "The return of a non-resident administrator may be admitted to record upon the affidavit of his surety, and if the administrator be dead, representative of his estate may make a return of the accounts the Adminis made. Section 3604, and 4322 of Irwin's Code, amended. of the deceased administrator in the same manner, and to have the same effect as if he were living," be so amended as to read as folReturn of lows: "The return of a non-resident administrator may be admitted non-resid't to record upon the affidavit of his surety; and if the administrator tor how be dead, or if a feme sole administratrix shall marry pending administration on any estate, the representative of the estate of such deceased administrator, or if at any time there should be no such representative, any security on the bond of such deceased administrator or married administratrix may make returns of their accounts of the deceased administrator or married administratrix in the same manner, and to have the same effect as if he were living, or such administratrix unmarried. Preamble. SEC. II. Repeals conflicting laws. (No. 8.) An Act to amend Section thirty-six hundred and four (3604) of the Revised Code of Georgia. WHEREAS, Section thirty-six hundred and four (3604) of the Code of Georgia, revised by and commonly called "Irwin's Code," has made no provisions in the event of the death of the obligee of a bod for titles to land, how titles shall be made preparatory to sale as contemplated in said section, 3. SECTION I. Be it therefore, and it is hereby enacted, That when any judgment has been or shall be rendered in any of the Courts of this State, upon any note or other evidence of debt given for the purchase money of land where titles have not been made, but bond for Sale lands titles given, it shall and may be lawful for the obligor of said bond, for titles in the event of the death of the obligee of the same, to make and has been file in the office of the Clerk of the Superior Court of the county in the obligee which such land may be, a deed of conveyance of said land to the where b'nd is dead. 4322 of executor or administrator of such deceased obligee; and in case there shall be no such representative, then to the heirs of said deceased; whereupon said land may be levied upon and sold under such judgment as in other cases: Provided, said judgment shall take, and be a lien upon the said land, and the proceeds of the sale thereof, prior to all other judgments, claims, liens and encumbrances until the said judgment shall be fully paid and satisfied. Approved October 7, 1868. (No. 9.) An Act to alter and amend the 4322d Section of Irwin's Code. SECTION I. Be it enacted by the Senate and House of RepresentaSection the tives of the State of Georgia in General Assembly met, and it is hereby Code amen-enacted by authority of the same, That section 4322 of Irwin's Code, ded. which declares that "Burglary in the night shall be punishable with Sections 4230, 4343, 4487 amended. death, but the punishment may be commuted in conformity with the provisions of section 4257 of said Code," be altered and amended as Burglary follows: Burglary in the night shall be punished by imprisonment in by imprispunished the Penitentiary for any time not less than five years, nor longer than onment. twenty years. SEC. II. Repeals conflicting laws. (No. 10.) An Act to alter and amend the 4330th Section of Irwin's Code. 4330 of the of ed by im SECTION I. Be it enacted by the Senate and House of Representa-Section tives of the State of Georgia in General Assembly met, and it is hereby Code amenenacted by authority of the same, That section 4330 of Irwin's Code, ded. which declares that "the stealing of a horse or mule shall be punished Stealing of with death, unless recommended by the jury to the mercy of the mule puncourt, in which event the punishment shall be confinement and labor prisonment in the penitentiary for any time not less than two years nor longer than five years," be amended as follows: The stealing of a horse or mule shall be punished by confinement and labor in the Penitentiary for any time not less than four years nor longer than twenty years. SEC. II. Repeals conflicting laws. Approved October 5, 1868. (No. 11.) An Act to alter and amend the 4333d Section of Irwin's Code, relating to the punishment of cattle stealing. amended. punishm❜t SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by the authority of Sec. 4333 of the same, That the 4333d section of Irwin's Code be so altered and the Code amended as to read as follows, viz.: "The stealing of one or more Stealing animals, falling under the above description of cattle, shall be pun-cattle ished by imprisonment in the Penitentiary not less than two, nor therefor. longer than four years, unless the jury trying the case shall recommend the prisoner to mercy; in that event he shall be punished as prescribed in the 4245th section of Irwin's Code, so far as the same may not be in conflict with the Constitution of the State. SEC. II. Repeals conflicting laws. Approved October 6, 1868. (No. 12.) An Act to amend the 4487th Section of Irwin's Code. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby the Code white and alty there To amend the Penal Code. Sec. 4487 of enacted by authority of the same, That the 4487th section of Irwin's amended. Code, which declares "that any white man and woman of color, or Fornicati' any white woman and male person of color, who shall live together between in a state of adultery or fornication or adultery and fornication, such black-pen-person so offending shall be guilty of the crime of living in such for. state, and on conviction shall be punished as prescribed in section 4245," of said Code, shall be amended as follows: "Any white man and woman of color, or any white woman and male person of color, who shall live together in a state of adultery or fornication or adultery and fornication, or who shall otherwise commit adultery or fornication, or adultery and fornication, shall be indicted, and on conviction such offenders shall be severally punished as prescribed in section 4245 of this Code. works of nal. SEC. II. Repeals conflicting laws. Approved October 5, 1868. (No. 13.) An Act to amend the Penal Code of this State. SECTION I. Be it enacted, etc., That if any person or persons shall Injury to unlawfully, wilfully and maliciously cut, break down, destroy or in miners pe-any manner hurt, damage, injure or obstruct, or shall counsel and assist, or advise any person or persons in any manner to hurt, damage, injure, obstruct, break down or destroy any ditch or ditches, canal or canals, flume or flumes, dome or domes, tunnel or tunnels, made, constructed, erected or used to control and convey water to any mine or mines for mining purposes, or any of the appurtenances to such ditch or ditches, canal or canals, flume or flumes, dome or domes, tunnel or tunnels, belonging or appertaining, such person or persons so Misdem'n'r offending shall be liable to be indicted for a misdemeanor, and on -penalty. conviction shall be fined or imprisoned or both at the discretion of the court. Approved October 10, 1868. |