Amending CHAPTER L. CONVICTS. $461. Commutation for good behavior. Should it appear from the book authorized to be kept in section 4698 of the Code, that the conduct Acts 1874, P. 23 of any one (convict) is unexceptionable, then such convict's time of confinement, (except confinement for life,) shall be shortened four days in each and every month, for the time he shall have so served. 4698. §462. (4814.) Persons convicted of misdemeanors-how disposed of. In all cases where persons are convicted of misdemeanor, and sentenced Acts 1874, p. 24. to work in a chain-gang on the public works, or public roads, or when such persons are confined in jail for non-payment of fines imposed for such misdemeanor, the Ordinary of the county, and where there is a Board of Commissioners of Roads and Revenue of the county, then said Board of Commissioners, and in those counties where there is a County Judge, then said County Judge, where such conviction was had, or where such convicts may be confined, may place such convicts, in the county or elsewhere, to work upon such public works of the county, in chaingangs or otherwise, or hire out such convicts, upon such terms and restrictions as may subserve the ends of justice, and place such convicts under such guards as may be necessary for their safe-keeping. Acts 1874, P. 29. Latter portion of this section unconstitutional. See Ogletree vs. Dozier, Oct. 23, 1877. $463. Convicts may hire themselves out. When any person is convicted of any crime or misdemeanor, the punishment whereof, according to the sentence of the Court under the law, is fine, or fine and costs, or costs with an alternative imprisonment for a certain term in default of payment, it shall be lawful for such convict to hire himself or herself to any citizen of this State who pays the amount of said sentence, for said prescribed term, by an agreement in writing, signed by the parties in the presence of, and with the written approval of, the presiding Judge; which agreement shall express the kind of labor to be performed, aup the place of performance; and when thus executed, expressed and approved, shall be entered on the minutes of the Court. $464. Relations sustained by the parties. During the term of said hiring, said hirer shall sustain to said convict the relation of bail on Acts 1874, p. 29. recognizance, and if such convict, before the expiration of such term, shall abandon his hirer, or in any way substantially refuse to perform his said contract, he, the said hirer, shall have the right and power to surrender said convict, as prescribed by law in cases of bail on recognizance. Acts 1874, p. 29. $465. In such cases, convict taken before Judge, etc. When surrender shall thus be made, the convict shall, by the officer to whom surrendered, be at once taken before the Judge of the Court wherein the sentence was passed, if in the county, and if not, then before the Ordinary of the county, who shall summarily hear the facts, as in cases of habeas corpus; and if, after such hearing, he shall adjudge the convict in fault, he shall remand him to serve out so much of the term as may be unexpired from the date of his violation of his contract; but if the hirer is adjudged in fault, by ill-treatment, or the violation of his contract or duty, said convict shall be fully and finally discharged from the penalty of such sen tence. N. B. Is not the latter portion of this section unconstitutional? See case of Ogletree vs. Dozier, August term, 1877. CHAPTER L.-CONVICTS BECOMING INSANE. CONVICTS BECOMING INSANE. §466. Capital convicts to be sent to Asylum—when. When any person shall, after conviction of a capital crime, become insane, and shall be so declared in accordance with the provisions of section 4666, of the Acts 1874. P. 30. Code, it shall be the duty of the Judge to certify the fact, and the said convict shall be received into the Lunatic Asylum, there to be safely and securely kept and treated as other adjudged insane persons. §467. Certain provisions made applicable. All the provisions of the law, relating to insane persons under sentence of imprisonment in the Acts 1874, p. 30. penitentiary, shall apply to the class of cases herein provided for, so far as applicable. $468. To be hung on recovery. If such convict shall recover, the fact shall be at once certified by the Superintendent to the Judge of the Court in which the conviction occurred, whose duty it shall be to have Acts 1874, p. 30. the convict removed to the jail of the county in which the conviction occurred, or to some other safe jail, and shall pass sentence either in term time, or vacation, upon the criminal, which shall be executed by the Sheriff, as in other cases. $469. Resolution concerning insane convicts. In every case where a convict is sentenced to the penitentiary of this State, and becomes in sane, whether in the hands of a lessee or otherwise, on the fact being Acts 1875, p. 369. established to the satisfaction of the Governor, he shall direct said convict to be removed to the Lunatic Asylum, there to be supported and receive medical assistance, as other pauper patients do, at the expense of the State. 8470. 1. Lease of convicts by Governor provided for: Act 1874, p. 26. 2. Additional Act providing for twenty years leases-for a penitentiary-regulating work of convicts, appointment of officers, inspection, etc. Acts 1876, p. 40. 3. Lease of penitentiary convicts to the Gainesville, Blairsville and Northwestern Railroad Company, authorized. Acts 1876, p. 45. 4. The second Act above mentioned amended, prescribing term of office of the physician provided for in the aforesaid Act, and defining his duties. Acts 1877, p. 28. 5. The net income received into the treasury from all convict labor, loaned annually, for four years, to the Marietta and North Georgia Railroad Company, for the purpose of building said road to the North Carolina line. Terms and conditions of said loan prescribed. Acts 1877, p. 29. DUES BY LESSEES OF PENITENTIARY-HOW COLLECTED. §471. Comptroller to issue execution vs. lessees. Whenever any debt due the State, by any company of the lessees of penitentiary convicts, is placed with the Comptroller-General for collection, and an itemized ac- Acts 1876, p. 46. count of the same being certified to by the principal keeper of the penitentiary as correct and unpaid, it shall be the duty of the ComptrollerGeneral, after thirty days written notice to such company of lessees, to issue execution against such lessee or lessees and their securities on their bond, for said amount so certified to, and all costs, which shall be collected as are executions by said officer against defaulting Tax Collectors. SCALING ORDINANCE AND THE ACT OF MARCH 16TH, 1869, COMMONLY CALLED THE "SHORT BAR." [The Ordinance of the Convention of 1865, known as the Scaling Ordinance, and the Act of Limitation of March 16th, 1869, are inserted for convenience of reference.] Journal of Con p. 232. SCALING ORDINANCE. §471a. 2. All contracts made between the 1st of June, 1861, and the 1st of June, 1865, whether expressed in writing or implied, or existing in parol and not yet executed, shall receive an equitable construction, and either party in any suit for the enforcement of any such contract, may, vention of 1865, upon the trial, give in evidence the consideration and the value thereof at any time; and the intention of the parties as to the particular currency in which payment was to be made, and the value of such currency at any time, and the verdict and judgment rendered shall be on principles of equity: Provided, that contracts executed within the time specified, and which were simply in renewal of original contracts made before the said first day of June, shall stand upon the footing of contracts executed before hostilities commenced. Ibid. §4716. 3. Executors, administrators, guardians and trustees, shall have power to settle or compromise all claims or evidences of debt, in their possession, created between the first of June, 1861, and the 1st of June, 1865, contracted with reference to payment in Confederate States of America Treasury notes, or other currency of a depreciated value, and accept in satisfaction of such indebtedness, the fair and reasonable value of such claims. For decisions relating to this ordinance from 34th Ga. R. to 45th Ga. R., see Appendix to Code of 1873, page 961. Ordinance applies, when: 46 Ga., 202, 393, 563; 47 Ga., 90; 48 Ga., 189; 49 Ga., 175; 51 Ga., 154; 52 Ga., 515; 54 Ga., 276; 55 Ga., 633; 57 Ga., 118. What evidence is material: 47 Ga., 90, 99; 49 Ga., 175, 228, 423, 479. Discretion of the jury: 51 Ga., 274. Acts 1869, P. 133 LIMITATION ACT OF 1869. $471c. 1. All Acts of the Legislature of this State, and all ordinances of the Conventions of 1865 and 1868, which have the force and effect of law, which are retroactive in their character, relative to the statute of limitations, shall be held by the Courts of this State to be null and void in all cases in which the statute had fully run before the passage of said retroactive legislation. §471d. 2. All suits upon judgments obtained outside of this State, prior to the first of June, 1865, not now barred, and all writs of scire facias Acts 1869, p. 133. to revive any judgment obtained in this State, which is now dormant, shall be brought by 1st January, 1870, or both the right of action and the remedy shall be forever barred. Not apply to judgments not dormant at the passage of the Act: 53 Ga., 41. $471e. 3. All actions on bonds or other instruments under seal, and all suits for the enforcement of rights accruing to individuals, or corpora-tions, under the statutes or acts of incorporation, or in any way by op- Ibid. eration of law, which accrued prior to 1st of June, 1865, not now barred, shall be brought by 1st January, 1870, or the right of the party, plaintiff or claimant, and all right of action for its enforcement, shall be forever barred. Mortgage: 54 Ga., 591; 55 Ga., 85; 57 Ga., 124. Vendor's lien : 54 Ga., 198. Warranty: 53 Ga., 76. Generally: 53 Ga., 182. §471f. 4. All actions on promissory notes, bills of exchange, or other simple contracts in writing, and all actions upon open accounts, or for the breach of any contract, not under the hand of the party sought to be charged, or upon any implied assumpsit, or undertaking, which accrued on a contract which was made prior to 1st of June, 1865, not now barred, shall be brought by 1st of January next, after the passage of this Act, or the right of the party, plaintiff or claimant, and all right of action for its enforcement, shall be forever barred. Note made in January, 1865, and due December, 1865: 49 Ga., 424; account: 50 Ga., 382; generally: 55 Ga., 56; 57 Ga., 531. Stock subscriptions: 57 Ga., 326; 56 Ga., 179. Ibid. §471g. 5. All actions against executors, administrators, guardians, or trustees, which accrued prior to 1st June, 1865, or which are predicated upon any alleged neglect or misconduct of any such executor, administrator, guardian or trustee, in the investment of trust funds in Ibid. currency, bonds, or the like, without an order of Court, or other sufficient authority; or in the management of any trust estate, which occurred prior to 1st June, 1865; or when the mismanagement, or investment occurred or was made prior to that date, shall be brought (by) 1st January 1870, if not already barred, and not after, and the right of action shall be forever barred, if not brought within that time: Provided, that no executor, administrator, guardian or trustee, shall have the benefit of this Act, who has acted fraudulently and corruptly in the management of the trust estate. Guardians: 45 Ga., 478; 55 Ga., 15; 57 Ga., 459. Right of action accruing after 1865: Id. Fraud: Id. Administrator's own debt never barred: 57 Ga., 567. §471h. 6. All other actions upon contracts, express or implied, or upon any debt or liability, whatsoever, due the public, or a corporation, or a private individual, or individuals, which accrued prior to the 1st June, Acts 1869, p. 134. 1865, and are not now barred, shall be brought by 1st January, 1870, or both the right and the right of action to enforce it shall be forever barred. All limitations hereinbefore expressed shall apply as well to Courts of equity as Courts of law, and the limitations shall take effect in all cases mentioned in this Act, whether the right of action had actually accrued prior to the 1st of June, 1865, or was then only inchoate and imperfect, if the contract or liability was then in existence. "Inchoate:" 45 Ga., 478. Ante-nuptial agreements: 54 Ga., 681. §471i. 7. All actions for torts of any character whatever, when the tort or wrong was committed, or the right of action accrued, or the injury was done, whether to the person or the property of any person or corporation, prior to the 1st June, 1865, by any person then or now a citizen Acts 1869, p. 134. or inhabitant of this State, which is not now barred, shall be brought and prosecuted within three months from the passage of this Act, or the right of action of the injured party or plaintiff in the action, as well as the right of such party to sue shall be forever extinguished, barred and foreclosed. Ibid. Applied: 44 Ga., 33. Ejectment: 46 Ga., 120. $471j. 8. All cases of the character mentioned in any section of this Act, which have arisen, or in which the right of action or the liability has accrued, or the contract has been made since the 1st June, 1865, shall be controlled and governed by the limitation laws, as set forth in the Revised Code of Georgia, adopted by the new Constitution of this State. Applied: 49 Ga., 431. Explained: 51 Ga., 555; 56 Ga., 684. GENERAL NOTE.-The Act does not apply to a suit by ward against his guardian to compel an account, if the ward does not come of age until after June 1st, 1865: 45 Ga., 478. The foregoing Act repeals 32932 (2881) of the Code, as to renewal of suits dismissed: 47 Ga., 339; 52 Ga., 13; 54 Ga., 491; 56 Ga., 526. The Act constitutional: 49 Ga., 441. Foreclosure of mortgage: Ib. The Act applies to debts, the consideration of which was slaves: 49 Ga., 585. Amendment to bill: 50 Ga., 577. Bank bills: 49 Ga., 419. Dismissal of suit: 50 Ga., 262. Stock subscriptions: 56 Ga., 179; 57 Ga., 326. Applies to what cases: 54 Ga., 107. Vendor's lien: 54 Ga., 198. Non-residence: 55 Ga., 35: Edwards vs. Ross, March 13, 1877. Bar attaches against unrepresented estates, when: 50 Ga., 382; 54 Ga., 500; 55 Ga., 85. Generally: 54 Ga., 162; Fuller vs. Little, Dec. 18, 1877. The constitutionality of this Act has recently been upheld by a decision of the Supreme Court of the United States. See Terry vs. Anderson, October Term, 1877. |