To change the law of Evidence-Compensation for taking down in cases of Felony. TITLE VI. In cases of felony pris statement, EVIDENCE. SECTION 1. Prisoners may make statement to | SECTION 2. Compensation for taking evidence (No. 21.) An Act to change the law of evidence. SECTION I. Be it enacted, That from and after the passage of this oner may act, in all criminal trials, for a felony, in this State, the prisoner shall make a have the right to make to the Court and jury such statement in the case, as he or she may deem in his or her defence. Said statement not to be under oath, and to have such force only as the jury may think right to give it: Provided, the prisoner shall not be compelled to answer any questions on cross-examination, should he or she think proper to decline to answer such question. Evidence in cases of felony-fe e the same. SEC. II. Repeals conflicting laws. Approved October 10, 1868. (No. 22.) An Act to fix the compensation for taking down, in writing, the evidence on charges of felony. SECTION. I. Be it enacted by the General Assembly of the State of for writing Georgia, and it is hereby enacted by the authority of the same, That the compensation to be paid for taking down, in writing, the evidence offered in cases of felony, before the Superior Courts, shall be the same allowed by law to Clerks of the Superior Courts for similar services, to-wit: fifteen cents for each hundred words. SEC. II. Repeals conflicting laws. 1 PUBLIC LAWS-EXECUTORS-FEES AND COSTS. To authorize Executors, &c., of other States to sell-Fees of certain officers. TITLE VII. 25 EXECUTORS, ETC. SECTION 1. Non-resident Administrators and Executors may sell real estate-proviso. (No. 23.) An act to authorize Executors and Administrators, residents of any other State of the United States, to sell and convey Real Estate of their Testators or Intestates, recovered by suit at law in this State by said Executors or Administrators, under the same laws and regulations as are now prescribed for Executors and Administrators residents of this State. non-resident may sell real es SECTION. I. The General Assembly of the State of Georgia do enact AdminisThat any executor or administrator who resides in any other State trators,, of the United States, and who has recovered or may hereafter recover any real estate as the property of his testator or intestate, by tate. suit at law in this State, shall be, and he is hereby authorized to sell and convey the same under the same rules, laws and regulations as are now prescribed for the sale and conveyance of real estate by executors and administrators who are residents of this State: Provided, Proviso. such foreign executor or administrator shall file in the Ordinary's office, at the time of making his application for sale, an authenticated exemplification of his letters testamentary or of administration. SEC. II. Repeals conflicting laws. Approved October 5, 1868. An Act to regulate the fees of the Solicitors General, and other officers of Court. Insolvent SECTION I. Be it enacted, etc., That from and after the passage of costs-paythis Act, out of all monies arising from fines imposed, inflicted or col- ment there. of. Costs in insolvent criminal cases. Costs of So Eastern by Judge at credited. Costs in insolvent criminal cases-Fees of Solicitor of Eastern Circuit. lected on forfeited recognizances in the Superior Courts of this State, or for a violation of the penal laws of this State, the officers bringing the money into Court, shall have the money thus brought into Court by them, first applied to the extinguishment of their insolvent list pro rata, and then the orders of former officers paid in proportion to their claims. SEC. II. Repeals conflicting laws. (No. 25.) An Act to provide for the levying and collection of a tax for the payment of costs due to Clerks and Sheriff's in insolvent criminal cases, in certain counties therein mentioned. SECTION I. The General Assembly of the State of Georgia do enact, That it shall be the duty of the Ordinary in each of the following counties, to-wit: Hancock, Glynn, Terrell, Dougherty, Macon, Bibb, Muscogee and Richmond, forthwith to levy and have collected a tax sufficient to pay the Clerks and Sheriffs of the respective counties aforesaid, the costs now due them for services rendered in insolvent criminal cases. SEC. II. That all laws in conflict herewith, are hereby repealed. (No. 26.) An Act to point out the mode of paying the fees of the Solicitor General of the Eastern Judicial Circuit of Georgia in Chatham county in certain cases, and for other purposes therein enumerated. 2. SEC. I. Be it enacted, etc., That from and after the passage of Heitor Gen. this act, all bills of the Solicitor General of the Eastern Judicial CirCircuit. cuit of Georgia, for the prosecution of criminal cases, in the Superior Approved Court of Chatham county, after being approved by the Judge of the each term. Superior Court of said county, at the close of each term of said Court, Shall be shall be credited with such proportion of the funds, that may be in Remainder the registry of said Court, as he may be entitled to, and the balance -how paid. due upon said bills shall be paid from the fund of said county by the person or persons having control and management of the funds belonging to said county, and all funds coming into said Superior Court Funds from from fines inflicted, or from forfeited recognizances after payment of the bills of the Solicitor General, as aforesaid, and the bills of the Cost of cl'k Clerk and Sheriff of said Superior Court, shall be paid into the Treas fines. and sh'ff. Proviso. ury of the county of Chatham: Provided, however, that the funds arising from fines and forfeited recognizances shall be applied to the payment of the bills of the Solicitor General already examined and passed until the same shall be fully paid and satisfied before any part To set apart a Homestead of realty and personalty. thereof shall be entered upon any Solicitor's bills hereafter to be passed. SEC. II. Repeals conflicting laws. An Act to provide for setting apart a Homestead of realty and personalty, and for the valuation of said property, and for the full and complete protection and security of the same to the sole use and benefit of families, as required by Section first of Article seven of the Constitution, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, etc., That each head of a family, or guardian, or trustee of a family of minor children, shall be entitled to a homestead of realty to the value of two thousand dollars in specie, and personal property to the value of one thousand dollars in specie, both to be valued at the time they are set apart; and no Court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment, decree, or execution against said property so set apart, including such improvements as may be made thereon from time to time, except for taxes, money borrowed and expended in the improvement of the homestead, or for the purchase money of the same, and for labor done thereon, or material furnished therefor, or removal of encumbrances thereon, provided the same shall have been set apart and valued as hereinafter provided. Homestead exemption. Ordinary to scheduale SEC. II. Every person seeking the benefit of this act, and of said section of the Constitution, shall make out a schedule and description receive of the personal property claimed by him to be exempt under said and order section of the Constitution from levy and sale, and band the same to Surveyor the Ordinary of the county in which he resides; and shall apply to homestead. to lay off Notice of application Schedule of property-Surveyors's duty-Creditor's objections, &c. the said Ordinary for an order to the County Surveyor, or if there be none, some other Surveyor to lay off his homestead allowed by said section of the Constitution, and to make a plat of the same, which order the Ordinary shall issue at once and give to the appli cant. SEC. III. When said schedule has been so filed, and said application has been made, the said Ordinary shall publish in the gazette in by Ord'ry. which Sheriff's sales for said county are published, not more than twice, a notice as follows: "AB -, has applied for exemp tion of personalty, and setting apart and valuation of homestead, and I will pass upon the same at o'clock, M., on the day of, 186-, at my office. C- — D, Ordinary;" filling said blanks so that all persons may know the time for action by the Ordinary on said petition. From ten to twenty days. and liabili SEC. IV. The time fixed by said notice shall not be less than ten, nor more than twenty days from the date of the order of the OrdiSurveyor: nary to such Surveyor. The Surveyor to whom said order shall be his duty delivered by the applicant, shall lay off the homestead on or out of ty. the land claimed by the applicant, and make a plat of the same, and make an affidavit that the same is correctly platted and laid off, and that the same is, to the best of his knowledge and belief, not worth more than two thousand dollars in specie, and return the same to the Ordinary before the day appointed in the order for passing upon said application. Should any County Surveyor fail to comply with his duty as prescribed by this act, he shall be, by said Ordinary, punished for a contempt of Court. SEC. V. If at the time and place appointed for passing upon said application, no objection shall be urged by any creditor of the applicant, the Ordinary shall endorse upon said schedule and upon said Ordot how plat, "Approved, this the day of 186-;" filling the blanks, and recor- and shall sign the same officially, and hand the same to the Clerk of ded. the Superior Court of his county, who shall record the same in a book to be kept for that purpose in his office. Order: granted Objections: Appraisers. SEC. VI. Should any creditor of the applicant desire to object to how and said schedule, for want of sufficiency and fullness, or for fraud of any when made kind, or to dispute the valuation of said personalty, or the propriety of the survey, or the value of the premises so platted as the homestead, he shall, at said time and place of meeting, specify the same in writing. Thereupon, unless the applicant shall so alter said schedule or plat, or both, as to remove said objections, said Ordinary shall appoint three disinterested appraisers to examine the property concerning which the objections are made, and to value the same, and on their return, (which shall be made under oath) if either be found to be too large, such alterations shall be made in said schedule, and in such plat, as the Ordinary may deem proper to bring the same within the limits of the value allowed by said section of the Constitution, and he shall then and there approve said schedule and said plat as required by the fifth section of this act, and hand the same to the Clerk of the Superior Court of his county, who shall record the same as required by section fifth of this act: Provided, that either party, |