Proceedings in Civil Suits. No proceedings can be had upon the bail bond, until judgment and execution against the principal. A scire facias may then issue against the bail to show cause why execution for the judg ment should not issue against them. On a scire facias returned, or two nihils, judgment may be obtained against the bail. (a) Where a resident of the state, indebted by bond, note or otherwise, is about to remove or abscond from the limits of the state before the maturity of the debt, the creditor upon making affidavit to these facts, and to his ignorance of such contemplated removal when the contract was made, or when he became the holder of the claim, may hold such debtor to bail, to appear at court the day after the day of payment. The proceedings will, however, be dismissed with costs, if the debtor disprove the allegation of ignorance of his intention to remove. Judgment and execution. (b)—Execution may be sued out at any time within three years from the rendition of a judgment against the lands, goods and chattels, or body of the defendant. After that period, the plaintiff must revive his judgment by scire facias or action of debt, before taking out an execution. (c) The only writs of execution that are known in practice, are those of fieri facias and capias ad satisfaciendum. The former runs against the real as well as personal estate of the debtor. (d) It takes effect as to personalty, only from the time of its delivery to the officer to be executed, and as between two writs, that has priority which was first delivered; as against purchasers bona fide and for a valuable consideration, it binds the realty only from the day of signing the judgment. (e) The writ may be sent to any county to which the debtor may remove, or where his estate may be found. Trust estates may be taken and sold upon an execution against the party for whose use they are held. There are no appraisement laws, or any laws authorizing a delay beyond that required to advertise the property. The body of a defendant cannot be taken in execution (a) Brev. Dig. i. 53. (b) St. vii. 226, 227; vi. 5, 218. (c) Broughton v. Dawson, 1 Nutt & McChord, 403. (d) Durphey v. Nelson, 4 McChord 129. (e) B. D. ii. 221. Proceedings in Civil Suits. where the debt or damage is less than twenty pounds current money. (a) A person may be released from imprisonment on a ca. sa. by consent of both parties, without discharging the debt, or in any manner impairing the lien of the judgment, or affecting the right of a plaintiff to sue out subsequent writs of ca. sa. or fi. fa. (b) No female can be arrested on a writ of ca. sa. (c) Remedy against sheriffs.-Any sheriff refusing to pay over money collected by him within ten days, is liable to a penalty of fifty per cent. on the sum so received, to be recovered by action of debt. (d) Courts.-A Court of Common Pleas is held twice a year in each district, having a general common law jurisdiction. There are also four Chancery Courts in the state, among which are distributed all matters of equitable cognizance. (a) B. L. 326. (b) St. vi. 1. (c) Ib. 237. (d) B. D. ii. 448. GEORGIA. 1. CHOSES IN ACTION. 2. INTEREST. 3. AGENTS. 4. EFFECT OF MARRIAGE UPON THE RIGHTS OF PROPERTY. 8. EFFECT OF DEATH UPON THE RIGHTS OF CREDITORS. All bonds, promissory notes, or liquidated demands may be assigned and transferred by indorsement, in like manner as inland bills of exchange, unless the maker of such instrument restrain its negotiability by expressing such intention in the body thereof. The general principles of commercial law as to promissory notes have been materially changed by statute. Demand of the maker and notice of default, are not necessary to bind the indorsers; but they are regarded as sureties on such instruments, and may be sued in the same manner and in the same action with the principal or maker. This provision does not apply to promissory notes, intended to be negotiated at any chartered bank, or which are deposited in such bank for collection. The indorser of any such instrument may require the holder on its maturity, to collect the same, and if the holder does not proceed to do so within three months from the time of such requisition, the indorser will be released from liability. (a) (a) Hotchkiss' Statute Laws, 440. Interest. Suits against indorsers.-Where the indorser of a note lives in the same county with the principal, the former cannot be sued without first suing the latter; but they may be sued together in the same action and district. (a) Damages upon protested bills of exchange.-Whenever any bill of exchange, hereafter to be drawn or negotiated (1823), within this state upon any person within the United States, is returned unpaid, and duly protested for non-payment, as in the case of foreign bills of exchange, the holder of such bill may recover from the drawer or indorsers thereof, five per cent. damages over and above the principal sum for which said bill of exchange has been drawn, together with lawful interest, on the aggregate amount of such principal sum from the time at which notice of such protest was given, and payment of said principal and damages demanded. The same damages are recoverable, whatever may be the residence of the drawer or acceptor, where the protested bill was drawn in Georgia, upon or payable at a place within the United States, but without that state. Where any foreign bill of exchange drawn within the state, is returned protested for non-payment, the holder may recover from those liable for the payment of such bill, the amount of the same with costs and charges of protest, and interest upon such sums from the date of the protest, until presentment of the bill for payment in Georgia, at the rate established at the place where the bill was payable; if such bills are at a premium, then the amount of the premium upon the face of the bill, and charges; if such bills are at a discount, then the holder shall deduct the amount thereof from the preceding items. The holder may also recover ten per cent. damages upon the amount of the bill, and the legal interest established in Georgia, upon the entire sum to which he would be thus entitled, from the time of demanding the same, until it is paid. (b) 2. Interest. The computation of time is required always to be made by the calendar and not the lunar months. The legal rate of interest is eight per cent. per annum. Where more is reserved, the cred(b) Ib. 439. (a) H. S. L. 663. Agents. Effect of Marriage upon Rights of Property.—Frauds.—Partnerships. itor can only recover the principal of his debt, but he is liable to no forfeiture. (a) 3. Agents. All powers of attorney for the sale of lands are to be deemed in full force, until notice to the agent of a countermand, revocation, or death of the principal. (b) 4. Effect of Marriage upon Rights of Property. Upon marriage, the real estate of the wife becomes vested in the husband, as fully as if it were personal property. The husband is declared to be the sole heir of an intestate wife; and where the husband dies without issue, the wife may inherit. (c) 5. Frauds. The English statute of 29 Chas. II. against frauds and perjuries has been adopted in Georgia without any substantial variation: also the statute of 13th and 27th Eliz. against fraudulent conveyances. (d) 6. Partnerships. The following is the act of Georgia as to limited partnerships: (e) By whom formed; for what purposes.-Limited partnerships for the transaction of any mercantile, commercial, mechanical, manufacturing, mining, or agricultural business, within this state, may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed; but the provisions of this act shall not be construed to authorize any such partnership for the purpose of banking, or making insurance. How constituted.-Such partnerships may consist of one or more persons, who shall be called general partners, and who shall be jointly and severally responsible as general partners, and of one (a) H. S. L. 442. (c) Ib. 428. (b) Ib. 404. (d) Ib. 424, 421. |