Penalty. Bathing on the Sabbath day. violation of 1st sec. Penal Code-Changes in, etc. persons shall entice, persuade or decoy, or attempt to entice, persuade or decoy, any servant to leave his employer, either by offering higher wages, or in any other way whatever, during the term of service, knowing that said servant was so employed, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined any sum not more than two hundred dollars, or confinement in the common jail of the county, in the discretion of the court, and not to exceed three months. SEC. II. Repeals conflicting laws. (No. 218.) An Act to prevent persons from bathing in streams or other waters on the Sabbath day, on roads leading to and from places of religious worship. 14. SECTION I. Be it enacted, etc., That from and after the passage of this act, it shall not be lawful for any person to bathe in any stream or pond of water on the Sabbath day, in view of any road or passway leading to or from any house of religious worship. 15. SEC. II. That any person violating the first section of this act, Penalty for shall be considered guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the common jail of the county, at the discretion of the court, not exceeding six months. Misde hunt with SEC. III. Repeals conflicting laws. (No. 219.) An Act to make it a misdemeanor to hunt with fire arms or a dog or dogs, on the Sabbath day, in certain counties in this State therein named. 16. SECTION I. Be it enacted, etc., That from and after the passage meanor to of this act, it shall be a misdemeanor for any person to hunt with fire-arms, fire arms, or a dog or dogs, on the Sabbath day, in the counties of Sabbath Lee, Houston, Wilcox, Cobb, Randolph, Johnson, Ware, Gordon, Counties of. McIntosh, Tattnall, Laurens, Newton, Glynn, Baldwin, Macon, etc., on the day in the Floyd, Walker, Talbot, Hancock, Warren, Elbert, Liberty, Greene, Burke, Terrell, Wilkes, Polk, Oglethorpe, Banks, Muscogee, Troup, Baker, Taliaferro, Columbia, Jones, Washington, Wayne, Whitfield, Coweta, Hall, Pickens, Butts, Pike, Irwin, Gilmer, Jefferson, Stewart, Early, Pierce, Madison, Camden, Chatham, Dooly, Bryan, Emanuel, Union, Wilkinson, Twiggs, Thomas, Carroll, Heard, Quitman and Webster. The punishment for said offense shall be a fine not less than fifty dollars, or imprisonment in the county jail not longer than ten days, or both, in the discretion of the court. To regulate the management of the Penitentiary. take effect. SEC. II. That this act shall go into effect immediately, and all Act shall conflicting laws are repealed. Assented to 20th of December, 1866. (No. 220.) An Act to encourage sheep raising in this State. WHEREAS, It is important to encourage sheep raising in this State; whereas, great complaints are made on account of the loss of sheep through persons entering sheep walks or pastures under the pretext of hunting; therefore, Preamble. 17. SECTION I. Be it enacted, etc., That from and after the passage Unlawful of this act, it shall not be lawful for any person or persons to hunt for any perwith dogs, fire arms or other implements in or through any enclosed in enclosed lands, fields, walks, or pastures, wherein, or whereon, sheep are kept out permisor confined, without the consent of the owner thereof. son to hunt lands with sion. person 18. SEC. II. That, for every violation of this act, the person or For violapersons so offending shall be deemed and held guilty of trespass and tion of this misdemeanor, and subject to indictment in any court having jurisdic-shall be tion thereof, and, upon conviction, shall be fined or imprisoned, or subject to both, at the discretion of the court-the fine not to exceed fifty dol- Penalty. lars-the imprisonment not to exceed thirty days, for each offense. Approved 4th December, 1866. indictment TITLE XXII. PENITENTIARY, SECTION I. Penitentiary to be leased. Proviso. (No. 221.) An Act to regulate the manner in which the Penitentiary shall be managed, and to provide for farming out the same. adver proposals 1. SECTION I. Be it enacted, etc., That the Governor shall cause to Governor be advertised, for sixty days, in two or more newspapers in the State to cause to of Georgia, for proposals to farm out the Penitentiary; and the same tised for shall be farmed out to such persons as shall take it on the best terms, to farm out and give such bond as the Governor may require, to secure the com- Bond. fort and security of the prisoners: provided, that the same shall not Proviso. be leased unless a lease can be made relieving the State from all Penitenti'y Marriages declared valid. further expense, during the term of the lease, in keeping up the same: and provided, also, that said lease shall not be for a longer term than five years. SEC. II. Repeals conflicting laws. TITLE XXIII. PERSONS OF COLOR. Marriage by ordain SEC. 1. Marriages declared valid. 2. Colored ministers, authorized to cele- SEC. 3. Children born in state of wedlock. 4. Remaining with mother. (No. 222.) An Act to legalize marriages by colored ordained ministers of the gospel, and also to authorize such colored ordained minister, or ministers of African descent, to solemnize future marriages between freedmen and freedwomen of African descent only. 1. SECTION I. Be it enacted, etc., That all marriages heretofore celebrated celebrated by ordained colored ministers of the gospel, or ministers of ed colored African descent, between freedmen and freedwomen and persons of African descent, shall, and the same are hereby declared to be legal and valid to all intents and purposes. ministers valid. Marriages dained col 2. SEC. II. That it shall and is hereby made lawful for ordained which or colored ministers of the gospel, or ministers of the gospel, of African ored minis- descent, to celebrate marriages between freedmen and freedwomen, or Celebrate. persons of African descent only, under the same terms and regulations as are now required by the laws of this State for marriages between free white citizens of this State. ters can SEC. III. Repeals conflicting laws. (No. 223.) An Act to explain the third section of an Act entitled an Act to prescribe and regulate the relation of parent and child among persons of color in this State, and for other purposes, approved 9th March, 1866, and to add an additional section thereto. 3. SECTION I. Be it enacted, etc., That section third of the above recited act shall be so construed as to apply only to such children as For the relief of the people of Georgia. were born within what was regarded as a state of wedlock, or when the parents were living together as husband and wife. Act of Mar. 1866, to apply only to those born 4. SEC. II. That in all cases where the parents have separated, in wedlock. and the children remain with the mother, she shall have the control Children to of such child or children during their minority. Approved 12th December, 1866. be under control of mother. TITLE XXIV. RELIEF. SEC. 1. Levy and sale under execution suspended, except for one-third. Waiver by defendant. 2. Act not applicable to certain cases. Proviso as to removal of property and change of domicil. 3. Statutes of limitation suspended. SEC. 4. Officers violating act liable. 6. Stay of execution. Bond. Proviso. 8. Claim of property subject to execution. (No. 224.) An Act for the relief of the people of Georgia, and to prevent the levy and sale of property under certain circumstances. Levy and For one 1. SECTION I. Be it enacted, etc., That there shall be no levy or sale of property of defendants in this State, under any execution sale susfounded on any judgment, order or decree of any Court, heretofore pended. or hereafter to be rendered, upon any contract or liability made or incurred prior to the first of June, 1865; or, in renewal thereof, though bearing a subsequent date, except in the following manner : For one-third of the principal and interest due on said execution, third after and no more, which may be levied on or after the first of January, Jan. 1868; one-third of the whole on or after the first of January, 1869; and the remaining one-third on or after the first of January, 1870, one-third unless the defendant shall endorse on the execution a waiver of the after Jan. benefits of this act: provided, when a voluntary payment shall be Proviso. made on any debt, judgment or execution, the amount so paid shall be deducted from the one-third authorized to be levied by this act. 1869. 1st, And for 1st. 1870, cepted. 2. SEC. II. That this act shall not apply to executions for costs, nor to rules against officers for money, nor to any process against persons holding money or effects, as bailees; nor to executors, administra- Cases extors or guardians, or other fiduciaries, to the extent which they may have converted the estate into cash, and failed to pay out the proceeds in due course of administration; nor to cases where plaintiff, his or her agent or attorney shall make oath that defendant resides beyond Proviso. limitation For the relief of the people of Georgia, the limits of the State, or is about to remove from the State, has or Statutes of 3. SEC. III. That all statutes of limitation relating to liens 4. SEC. IV. That any officer or other person violating this act, shall Violating be guilty of trespass, and liable to the defendant or person injured in of this act. damages not less than the amount of the judgment, order or decree upon which he is proceeding, as in other cases of trespass. When secause levy 5. SEC. V. That any security upon any debt, or demand, for curity may which execution may have been or may be issued during the conand sale. tinuance of this act, shall have the right, with or without the consent of the plaintiff, to cause a levy and sale to be made whenever the security shall make oath that the principal defendant has brought himself within the provisions of the second section of this act. ecution. 6. SEC. VI. That whenever any plaintiff or security shall attempt Stay of ex- to have an execution levied for any of the causes stated in the second section, the defendant, or other person claiming the property about to be levied on, may stay the said execution, by filing with the levying officer his affidavit, denying the existence of the said cause, and giving bond and security, in double the amount of the execution, conditioned to pay the plaintiff such damages as may by a jury be assessed, in case the issue hereinafter provided for should be found against him; and where the defendant or other person claiming the property levied on is unable to give security, he may make his affidavit of inability, as in cases of appeals, in section 3543 of the Code of Georgia. Proviso. Traverse of 7. SEC. VII. That the plaintiff, or defendant, as the case may be, allegation. may traverse the allegations in the affidavit of the opposite party, which traverse shall be returned to the next Court from which the execution may have issued, and the truth of the same shall be tried Execution as in cases of illegality; and where the issue is found in favor of the shall proceed for plaintiff, the execution shall proceed for the whole amount due whole am't thereon, in the same manner as though no affidavit had been filed, as well for the original execution as for the damages, which may be assessed in favor of the plaintiff. 8. SEC. VIII. That where property subject to an execution may be levied on, and the property levied on is claimed by any person |