The Code of Georgia of 1933, adopted March 24, 1933, effective January 1, 1935

26 Pages·2012·1.95 MB·English

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THE UNIVERSITY OF GEORGIA
LAW LIBRARY
DONATED BY W.B. STEIS
AS A TOKEN OF LOVE AND ESTEEM
FOR
HIS DAUGHTER KATHRYN FAYE STEIS
AND
HER HUSBAND JAMES MONROE PACE, ESQ
LOYAL ALUMNI OF GEORGIA
The University of Georgia
Alexander Campbell King Law Library
uSEEESJZL geo»gia law LIBRARY
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Digitized by the Internet Archive
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LAW LIBRARY
UNIVERSITY 0-- BORGIA
THE
CODE OF GEORGIA
OF
1933
ADOPTED MARCH 24, 1933
EFFECTIVE JANUARY 1, 1935
PREPARED UNDER THE DIRECTION
OF THE
CODE COMMISSION
BY
ORVILLE A. PARK and HARRY S. STROZIER
Harry B. Skillman Henry H. Cobb
ATLANTA
THE HARRISON COMPANY
1935
C,3
Copyright, 1935
BY
The State of Georgia
PRESS OF FOOTE & DAVIES CO., ATLANTA
FOREWORD.
Almost a quarter of a century has passed since the last official O
was adopted. During that period 20 regular and five extraordinary
sions of the General Assembly have been held, and the volume of statute
law has been practically doubled. Far-reaching changes in the govern-
mental structure of the State have been effected by the creation of such
new and important administrative agencies as the Highway Board, the
Department of Audits and Accounts, the Securities Commission, the de-
partments of Archives and History, of Commerce and Labor, of Game
and Fish, and the Banking Department. The Insurance Department has
been reorganized. The Budget Act has brought about many very im-
portant changes in governmental operation. While the functions of
these and other agencies of the government have been substantially re-
tained, sweeping changes have been made in the machinery of administra-
tion by the Reorganization Act of 1931, which comprehended in its effect
practically all of the departments of the Government. There have been
complete revisions of many topics of the law, new enactments super-
seding whole titles as they appeared in the Code of 1910. Instances of
such revisions include the School Code, the Banking Act of 1919, the
Negotiable Instruments Act, and the insurance laws, to mention only a
few of the more important. In addition, a considerable body of legisla-
tion has been passed dealing with entirely new subjects, such as the
registration of titles to land, regulation of motor carriers, workmen's
compensation, and aviation. New forms of taxation have been introduced,
such as income and inheritance taxes and the important levies on gaso-
line and on cigars and cigarettes. In the same category are the laws pro-
viding for the establishment of juvenile and municipal courts, most of
those creating boards for the regulation of professions and trades, and
many others of importance. The law upon all these subjects is officially
codified for the first time in this Code. As a result of all these develop-
ments, one can get but a very poor picture of the law of Georgia today
from the last official Code, adopted in 1910.
The compiling of this mass of new legislation, fitting it in with the
more than 10,000 sections of the old Civil and Penal Codes and making
the changes required, has involved long and patient labor on the part of
many. The codifiers wish to express their deep appreciation and hearty
thanks to all who have contributed to the work in any way. First we
must record our gratitude to Mr. Justice Gilbert, Chairman, and to the
other members of the Code Commission, who, with painstaking care, day
after day, have considered the manuscript, discussed changes and prob-
lems of codification, advised with the codifiers and assisted in every pos-
sible way in the work as it progressed. We are fully persuaded that no
previous Code of Georgia has received so careful a scrutiny as has this,
and that no codifiers have been given as much valuable assistance as has
been freely and cheerfully given us.
We wish also to express our thanks to Attorney General Yeomans and
the officers of the Department of Law, especially to Assistant Attorney
General B. D. Murphy, for their invaluable help on many a problem. At
the request of the Code Commission, Mr. Murphy was designated by the
FOREWORD.
Attorney General to work with the Commission. He sat with the Com-
mission in many of its sessions when portions of the manuscript were
under consideration, and carefully examined many of the Titles, making
numbers of valuable suggestions. We have consulted with him fre-
quently in person and by letter, and always with profit. His intimate
knowledge of the State government and its operation has aided in the
solution of many a problem.
The officers of many of the State departments have been uniformly
kind and courteous in placing records at our disposal and advising as to
the operation and practice of their respective departments. From them
we have received many useful suggestions and* no little help. We have
also called on several Bibb county officials and have been accorded like
courteous and considerate treatment.
We acknowledge our indebtedness to The Harrison Company, pub-
lisher of the Code, without whose financing the wrork could not have been
accomplished. The Harrison Company has borne the entire cost of edi-
torial and clerical work, extending over a period of more than four years,
as well as the cost of the printing and binding.
We must also record our grateful appreciation of the faithful and effi-
cient service of those who for so long have labored with us to produce
this work, Harry B. Skillman and Henry H. Cobb, whose names appear
on the title page, and Fred W. New, George Stokes Walton, Orville A.
Park, Jr., Brainerd Currie and Miss Elmyr Park, who at various times
for considerable periods have worked with us.
In the preparation of this Code we have not spared time, labor, pains,
nor expense. It has been our ambition to give to the State an accurate
and usable Code of laws, complete through the legislative session of 1933.
How well we have succeeded time and use alone will reveal. That errors
will be discovered we know. When it is remembered how many have
been concerned in its' preparation—editors, assistants, stenographers,
typesetters, proofreaders and printers—it is easy to understand that some
errors are inevitable. We hope they have been reduced to a minimum,
and that such as may be discovered will not be so numerous or so seri-
ous as to lessen materially the value of the work as a whole. No one is
so conscious of the imperfections of the work as are those of us who have
expended so much time and effort upon it. We commit the Code of 1933
to an ever generous profession with the hope that in some degree it may
advance the science of jurisprudence, aid in the administration of justice,
and facilitate the conduct of the public business of the State.
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