Political and civil code amendments. Notice to owner need not be given before he settled with contractor. Id. Entire contract not to be held a divisible one, when. Hunnicut & Bellingrath Co. v. Van Hoose, 111 Ga., 521. Special payments to contractor not prevented by contract, Id. Materialman's lien depends upon whether the work done amounts to a rebuild ing or only to a repairing. Willis, Cole & Cordy v. Boyd, 103 Ga., 130. Repeal or modification of Act, not affect lien which has become a vested right, under prior law. Waters v. Dixie Manufacturing Co., 106 Ga., 593. § 6178 (2803). [Repealed. Acts 1897, p. 30.] Act of 1891 not repealed by Act of 1893. Wilder's Sons' Co. v. Walker. 98 Ga., 508. Contractor need not be sued jointly with owner. Wilder's Sons Co. v. Walker, Entire contract not to be held divisible because of stipulations for suspending Joinder of contract and owner proper. Royal v. McPhail, 97 Ga., 457. Owner not liable for more than twenty-five per cent. of contract price. Royal Petition when sufficient. Allen v. Schweigert, 110 Ga., 323. Repeal or modification of Act not effect lien which has become a vested right. "Taken no personal security "an essential allegation. Royal v. McPhail, 97 § 6179 (2835). Application for homestead, how approved, etc.— If, at the time and place appointed for passing upon said application, no objection shall be urged by any creditor of the applicant, the ordinary shall indorse upon said schedule and upon said plat: "Approved this the day of, 18-," filling the blanks, and shall sign the same officially, and hand the same to the Clerk of the Superior Court of his county, and when land out of his county is exempted, the ordinary shall transmit a certified copy of the homestead to the Clerk of the Superior Court of each county in which exempted land is situated, A. 1898, p. [each of whom] shall record the same in a book to be kept for that purpose in his office, which record, or a certified transcript of same, shall be competent evidence in all the courts of this state. 51. § 6180 (2867). Mode of obtaining exemption.-Every debtor seeking the benefit of the preceding section, or if he refuses, his wife, or any person acting as her next friend, shall make out a schedule of the property claimed to be exempt, and return the same to the ordinary of the county, without making any application for homestead, and it shall not be necessary to publish the same in a gazette. The ordinary shall record the schedule in a book to be kept by him for A. 1898. p. that purpose, [and when land out of his county is exempted, he shall transmit the schedule to the ordinary of the county in which the land is situated, for record in like manner, and he shall receive for each schedule filed, approved and recorded] the sum of two dollars, and for each and every plat returned by the county surveyor under the following section, to be recorded by him in a book kept for that purpose, the further sum of one dollar. 52. Description of land amplified by subsequent amendment. Redding v. Lennon 112 Ga., 492. Political and civil code amendments. $ 6181 (3317). When more than one executor.-If several executors are named in the will, one or more qualifying shall be entitled to execute all the trusts confided to all, unless specially prohibited by the will; if more than one qualifies, each is authorized to discharge the usual functions of an executor, but all must join in executing special trusts [or in making contracts binding upon the estate or in paying out funds belonging to the estate]. Each executor is 51. responsible for his own acts only, unless by his own act or gross negligence he has enabled or permitted his co-executor to waste the estate. A. 1900, p. 32. § 6182 (3441). Notice and trial.-Fifteen days' notice in writing to the administrator or executor [and notice shall be given to the A. 1899, p. heirs at law of said deceased by publication in the gazette publishing the legal advertisements of the county once a week for four weeks]. If no objection is filed, and the ordinary is satisfied of the truth of the allegations in the petition, the order shall be granted. When objections in writing are filed in the office of said ordinary it shall be the duty of the ordinary to hear evidence as to the fact, whether the conditions of said bond have been complied with by the payment of the purchase money or not, and to grant an order requiring said titles to be made or not, as he may think the principles of justice may require; and either party being dissatisfied with the decision, may appeal to the superior court upon the same terms as appeals are granted in other cases. [NOTE. The first sentence in the above section is incomplete, but the section is printed just as the Act of 1899, p. 34, sets it out. § 6183 (3465). Year's support to family.-Among the necessary expenses of administration, and to be preferred before all other debts, is the provision for the support of the family, to be ascertained as follows: Upon the death of any person, testate or intestate, leaving an estate solvent or insolvent, and leaving a widow, or a widow and minor child or children, or minor child or children only, it shall be the duty of the ordinary, on the application of the widow, or the guardian of the child or children, or any other person in their behalf, on notice to the representative of the estate (if there is one, and if none, without notice), to appoint five discreet appraisers; and it shall be the duty of such appraisers, or a majority of them, to set apart and assign to such widow and children, or children only, either in property or money, a sufficiency from the estate for their support and maintenance for the space of twelve months from the date of administration, in case there be administration on the estate, to be estimated according to the circumstances and standing of the family previous to the death of the testator or intestate, and keeping in view also the solvency of the estate. If there be a widow, the appraisers shall also set apart, for the use of herself and children, a sufficient amount of the household furniture. The provision set apart for the family shall in no event be less than the sum of one hundred dollars, and if it shall appear upon a just appraisement of A. 1899, p. 47. Political and civil code amendments. the estate that it does not exceed in value the sum of five hundred dollars, it shall be the duty of the appraisers to set apart the whole of said estate for the support and maintenance of such widow and child or children, or if no surviving widow, to the lawful guardian of the child or children, for their benefit. (a) [Whenever the head of the family shall die.owing his landlord for rent or for supplies for which the landlord has a special lien on the crops made on the lands rented from them the year such things are done or furnished, neither the widow, or widow and minor children, or minor child or children only, of said deceased head of family, shall be entitled to a year's support in the crops so planted or grown said year, as against his said landlord, until the rent and supplies so furnished by and owing to him are fully paid; provided, however, that this Act shall not be construed to affect rights already accrued at the time of its passage; provided, however, that the widow shall be entitled to a year's support in such part of the crop as may remain, after the landlord's lien for rent and supplies have been paid.] § 6184 (3621). If attested out of this State.--To authorize the record of a deed to realty or personalty, when executed out of this State, the deed must be attested by or acknowledged before a commissioner of deeds for the State of Georgia, or a consul or viceconsul of the United States (the certificate of these officers under their seal being evidence of the fact), or by a judge of a court of record in the state where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge, or by a clerk of a court of record under the seal of the court, or by a notary public of the State and county where executed A. 1900 p. [with his seal of office attached, and if such notary has no seal, then his official character shall be certified by a clerk of any court of record in the county of the residence of such notary. A deed to realty must be attested by two witnesses, one of whom may be one of the officials aforesaid]. 52. § 6185 (3667). Attorney's fees in notes, etc., void.-Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall enforce such agreement to pay attorney's fees A. 1900, p. [unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same; provided, the holder of the obligation sued upon, his agent or attorney, notifies the defendant, in writing, ten days before suit is brought, of his intention to bring suit, and also the term of the court to which suit will be brought]. 53. Amendment allowable claiming attorney's fees in addition to principal and interest. Baxley Banking Co. v. Carter, 112 Ga., 531. Contracts to pay fees are good, but not enforceable unless plea filed which is not sustained. Fletcher v. Americus Trust & Banking Co., 111 Ga., 307. Indorser filing defense not sustained liable for fees, though no defense made by principal. Hall v. Pratt, 103 Ga., 258. Political and civil code amendments. Note containing agreement to pay attorney's fees considered as embracing provisions of this section. Id. Jurisdiction not affected in suit on note stipulating for fees. Rimes v. Wil- Jurisdiction. When attorney's fees aggregate more than one hundred dollars, One of the defendant's pleas being sustained, the plaintiff is not entitled to Some of the items charged being found by the jury for the defendant, the plaintiff is not entitled to judgment for fees. Goodrich v. The Atlanta National Building and Loan Association, 96 Ga., 803 (4). § 6186 (3950). Answer, how far evidence.-The answer of a defendant, as to facts within his own knowledge, responsive to the discovery sought, is evidence in his favor, and can be rebutted only by two witnesses, or one witness and corroborating circumstances; [pro- A. 1898, p. vided, discovery is expressly prayed for in the plaintiffs' petition]. 53. § 6187 (4082) [11]. To make a list of names of all persons liable to tax on property or poll in their respective districts, and return the same to the receiver of tax returns at his second round to receive tax returns in their respective districts in each year, [and they shall re- A. 1899, ceive as compensation for such service three cents for each name returned, to be paid out of the county funds]. i 35. p. § 6188 (4118). Summons, how dated and served.-All summons I shall be served upon the defendant, either by giving him a A. 1897, p. copy of the same in person, or by leaving such copy at his usual and most notorious place of abode, at least ten days before the trial. 33. § 6189 (4193). Jurisdiction of County Courts.-Every County Court in this State shall be a Court of Record, having jurisdiction. throughout the county as follows: The jurisdiction of the County Courts shall extend into the county, town, district or districts, to all civil cases of contract or tort (save where exclusive jurisdiction is vested in the Superior Court) where the principal sum claimed in cases of contract or damages in cases of tort does not exceed five hundred dollars; and over the remainder of the county, when the principal sum aforesaid does not exceed five hundred dollars, nor is less than fifty dollars; [provided, however, that as to suits for the re- A. 1900, p covery of personalty, the said courts shall have jurisdiction over the 54. whole of their respective counties without regard to the value of the article or articles sued for, except that its value shall not exceed five hundred dollars]. Jurisdiction as to torts by railroad company. Southern Railroad Co. v. § 6190 (4205). Executions, when and how issued. So soon as judgment is entered, said county judge is compelled to issue an exe 36. Political and civil code amendments. cution upon such judgment, unless an appeal is taken, or a certiorari sued out, as herein provided; which execution shall be in the usual A. 1899, p. form issued by [clerks of the superior courts, and shall be directed to all and singular the sheriffs of this State and their lawful deputies and county court bailiffs]. Lien of judgment relatively to purchaser from defendant pending bill; not effected by failure to have fi. fa. issued and entered ten days from date of judgment. Crosby v. King Hardware Co., 109 Ga., 452. § 6191 (4346). Terms adjourned five days before next term.— The judges of the superior and city courts in this State shall adjourn the regular and adjourned terms of said courts at least five days before the commencement of the next regular terms of said courts; A. 1896, p. [provided, that this Act shall not apply to any city court now or hereafter organized under a special Act of the Legislature, and having as many as six terms per year]. 47. 55. § 6192 (4465). Appeals in forma pauperis.—When any party, A. 1900, p. plaintiff or defendant, in any suit at law [or proceeding in the court of ordinary], shall be unable to pay cost and give security as hereinbefore required, if such party will make and file an affidavit in writing that he is advised and believes that he has good cause of apA. 1897, p. peal, and that owing to his poverty he is unable to pay the cost [or] give the security required by law in cases of appeal, such party shall be permitted to enter an appeal without the payment of costs or giv ing security [as the case may be] as hereinbefore required; [provided, that this Act shall not apply to proceedings now pending in the Court of Ordinary, or in the Superior Court on the appeal from the Court of Ordinary.] 32. A. 1897, p. 32. A. 1900. P. 55. Affidavit by appellant stating that he was unable to give security, or to pay § 6193 (4517). Sufficiency of bond, how contested.-When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent or attorney, may file his affidavit that he has a good defense to the action, and that the bond given in such attachment is not a good bond, and the ground of its insufficiency; and when such affidavit is made and delivered to such levying officer, such officer shall return such attachment, together with the affidavit, forthwith to the officer issuing saine, and the officer issuing the attachment shall without delay hear testimony as to the sufficiency of said bond, and may in his discretion require additional security or a new bond to be given within the time prescribed by the officer, and in default hereof the levying officer shall dismiss the levy made under such attachment; provided, however, that in all cases where an attachment shall be issued for an amount greater than one-half the amount of the penal sum named in the bond, and shall be levied on the property of the defendant, the defendant by himself, his agent |