The Code of the State of Georgia, Vol. 1

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Excerpt from The Code of the State of Georgia, Vol. 1: Adopted December 15th, 1895 By an Act of the General Assembly, assented to December 9th, 1858, provision was made for the election of three commissioners, "to prepare for the people of Georgia a Code, which should, as near as practicable, embrace, in a condensed form, the laws of Georgia, whether derived from the common law, the Constitutions, the statutes of the State, the decisions of the Supreme Court, or the statutes of England of force in this State." David Irwin, Hon. Herschell V. Johnson, and Iverson L. Harris were elected commissioners, under the provisions of this Act. The last two named declining the position, His Excellency Governor Brown supplied the vacancies by the appointment of Thomas R. B. Cobb and Richard H. Clark, who were also elected by the legislature at its session next after they were appointed. Thus organized, the commissioners commenced the work assigned them. Looking alone to the words of the Act, the object contemplated by the legislature swelled into a project the magnitude of which would have deterred the boldest adventurer, if its accomplishment did not strike his mind as being utterly impossible. The commissioners, however, did not believe that such a construction of the Act was a proper interpretation of the legislative will, but construed it as requiring a Code which should embody the great fundamental principles of our jurisprudence, from whatsoever source derived, together with such legislative enactments of the State as the wants and circumstances of our people had, from time to time, shown to be necessary and proper. Such a Code will furnish all the information, on the subject of law, required either by the citizen or the subordinate magistrate. Thus interpreting the Act of the legislature prescribing their duties, the commissioners entered upon the discharge of those duties, seeking not only to condense and arrange the verbose and somewhat chaotic mass of the statutes of Georgia, but also to interweave therewith those great leading principles of jurisprudence necessary to fill out and make perfect the body of our laws of which the statutes constituted but disjointed parts. In such an undertaking, the commissioners could not hope for complete success, but to attain it as near as possible, they have spared neither painstaking nor labor. How far they have succeeded in their effort, is submitted to the judgment of a generous profession and a generous public. The Code is divided into four parts, as follows: Part I. - The Political and Public Organization or the State - Which treats of the boundary, divisions, and subdivisions of the State, and the municipal organization and regulations thereof. Part II. - The Civil Code - Which treats of rights, wrongs and remedies. Part III. - The Code op Practice - Which treats of the various methods of enforcing rights and redressing wrongs, together with the law of pleading and evidence, and the practice of the courts. Part IV. - Penal Laws - Which treats of crimes and misdemeanors, trial and punishment, and is subdivided into: First - Penal Code for the trial and punishment of white persons, to which is added a XVI. Division, containing the proceedings in preliminary courts. Second - Laws for the government of the penitentiary. Third - Penal Code for slaves and free persons of color. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com