Penal Code Amendments. as said ordinary may deem reasonable and just, taking into consideration the conditions of the parties, payable to said ordinary and his successors in office and conditioned for the maintenance and support of the female and her child or children, if any, for the period of five years. If the defendant is unable to give the bond, the prosecution shall not be at an end until he shall have lived with the female in good faith for five years. [In case the defendant fails to comply a. 1899, p. with the provision of this section, the wife shall be a competent witness to testify against the husband; provided, that this amendment. shall not apply to cases now pending.] 42. 37. §6748 (413). Minors not to play billiards, pool, or len pins.--Any owner or owners, or persons controlling billiard table, [pool 4. 1897, p. table], or ten-pin alley, that shall or may permit any minor to play or roll on the same, without the consent of the parent or guardian, shall, on conviction of the same, be fined in a sum not to exceed one hundred dollars for each and every offense, or imprisonment twenty davs, or both, at the discretion of the court. $6749 (420). Running freight trains on Sabbath.-If any freight train. excursion train, or other train than the regular trains run for the carrying of the mails or passengers, shall be run on any railroad on the Sabbath day, the superintendent of transportation of such railroad company, or the officer having charge of the business of that department of the railroad, shall be liable to indictment in each county through which such train shall pass, and shall be punished as for a misdemeanor. The foregoing provisions shall not extend to: (1) A train which has one or more cars loaded with live stock, and which is delayed beyond schedule time. Such train shall not be required to lay over on the line of road during Sunday, but may run on to the point where, by due course of shipment or consignment, the next stock-pen on the route may be, where such animals may be fed and watered according to the facilities usually afforded for such transportation. (2) A frieght train running over a road on Saturday night, if the time of its arrival at destination according to the schedule by which it started on the trip be not later than eight o'clock Sunday morning. (3) Special fruit, melon and vegetable trains, the cars of which contain no other freight except perishable fruits, melons, vegetables, fresh fish, oysters, fresh meats, live stock and any other perishable goods of a like character, and which trains shall be loaded and leave the station from which they start in this State before the hour of midnight on Saturday night previous to the Sunday on which they are operated. No company shall be compelled to run the train mentioned in this paragraph, and all freight trains or cars thus loaded and coming into this State may run to any point of A. 1899, p. 88. Penal Code Amendments. destination in this State, or continue their run through the State on Sunday. (4) [To trains on railroads where the line of said railroad begins and ends in another State, and does not run a distance greater A. 1897, p. than thirty] miles through this State.] 38. 39. Superintendent of transportation company alone indictable; trainmaster who "made up" train not so. Craven v. State, 109 Ga., 366. $6750 (428). Selling or soliciting in prohibition counties.-If A. 1897, p. any person shall sell, [contract to sell, take orders for], or solicit, personally or by agent, the sale of spirituous, malt or intoxicating liquors, in any county or town or municipal corporation or militia district or other place where the sale of such liquors is prohibited by law, high license or otherwise, he shall be guilty of a misdemeanor. Bulloch County. Special Act of 1879, making it a misdemeanor to "sell," etc., unconstitutional. Sasser v. State, 99 Ga., 55. See § 6689. Sale, and soliciting orders to sell, may be set out in two different counts. State subsequently rendering act indictable, State no longer has jurisdiction. Testimony admissible for accused to show he was agent for buyer, and not § 6751 (540). Consignment of Farm Products, payments for.Any person or persons who shall solicit or in any way procure consignments of fruits, melons, vegetables, butter, eggs, poultry, or other farm, orchard, and dairy products in this State, whether for themselves or as agents or employee of others to irresponsible persons, firms or corporations, to be sold on commission, and who shall fail to account for and pay to the rightful owner the whole net proceeds arisA. 1896, p. ing from the sale of such products so consigned, [within thirty days], said person or persons soliciting or otherwise obtaining such consignments shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of this Code. 70. $6752 (698). Setting fire to woods.---If any person shall willA. 1898, p. fully, carelessly or negligently, set on fire, or cause to be set on fire, any woods, lands or marshes, so as to cause loss or injury to another, he shall be guilty of a misdemeanor. 60. 58. § 6753 (752). Indictment sent down from Superior Court-If an indictment is found by the grand jury, the judge of the Superior A. 1900, p. Court may, in his discretion, [either in term time or vacation], order it to be transferred, with all the papers in the case, to the county judge After giving ten days' notice to the prosecutor and the accused, the county judge shall proceed to dispose of the case in the manner prescribed for cases in which no indictment has been demanded. $6754 (765). Affidavit and bond required.-The writ shall not be granted unless the accused shall file his affidavit, stating that he has not had a fair trial, and has been wrongfully and illegally convicted, and shall also give bond and security, or make affidavit as is Penal Code Amendments. required of persons when carrying criminal cases to the Supreme Court; and the execution and filing of said bond shall operate as a A. 1898, p. supersedeas of the judgment rendered in said court for the space of ten days]. Affidavit that, "owing to his poverty, he is unable to pay the costs or give the bond and security, as required by law," sufficient. Barnes v. State, 105 Ga., 830. 61. 44. § 6755 (815). When revision shall be made.-Biennially [or if a. 1899, p. the judge of the superior court shall direct, triennially] on the first Monday in August, or within thirty days thereafter, they shall revise the jury lists, as provided in this article, except that in those counties within whose limits there is an incorporated town of ten thousand or more inhabitants, the revision shall be made annually; [provided, A. 1897, p. such annual revision is so ordered by the judge of the superior court of said county]. In determining the number of inhabitants of any town, the last preceding census of the United States shall be taken as evidence of the number of inhabitants. Name of grand juror not on list "at the time the indictment was found," not good in abatement. Wellman v. State, 100 Ga., 577. 40. § 6756 (1030). Judges shall give written charges on request.The judges of the superior, city and county courts shall, when the counsel for either party request it before [argument begins], write A. 1897, p. out their charges and read them to the jury, and it shall be error to give any other additional charge than that so written and read. 41. 41. $ 6757 (1047). Sentence suspended on becoming insane after conviction. If, after any convict shall have been sentenced to the punishment of death, he shall become insane, [upon the oath of a a. 1897, p. practicing physician, the question of the sanity of said convict shall be tried by the superior court of the county in which he has been sentenced, and he shall be entitled to a jury of twenty-four men, from which the State shall be entitled to six peremptory strikes, and the convict to be entitled to six peremptory strikes, said jury to be regularly drawn from the jury box of said superior court]. The following oath shall be administered to the jury, to wit: "You and each of you do solemnly swear (or affirm) that you will well and truly try this issue of insanity between the State and A B, now condemned to die, and a true verdict give according to the evidence [and the law, as given you in charge]. So help you God." If it be A. 1897, p. found by the inquisition of such jury that the convict is insane, the sheriff shall suspend execution of the sentence [and the presiding A. 1897, p. judge of the circuit] shall cause the same to be entered on the minutes of the superior court of the county where the conviction was had. [The presiding judge shall charge the jury on the question submitted, A. 1897, p. as in other cases, and if the jury shall find the convict sane he shall be entitled to have no other trial as to his insanity upon any new application for a trial thereof. Whenever the affidavit shall be made by a physician as contemplated by this Act, the judge of said superior 41. 41. 41. A. 1898, p. 62. Penal Code Amendment. court may call a special session of said court, if the same be not in Certiorari not lie from finding of jury summoned to inquire into sanity of one Inquisition may be had before a jury into the mental condition of a convict Jurisdiction. Insane person held in other county, ordinary thereof had none. Refusal of Superior Court, after conviction, to inquire into issue of insanity, § 6758 (1107). Fees for summoning witnesses.-Section 1107 is amended by adding to the fees of sheriffs in criminal cases, for summoning each witness (50) fifty cents. |