History: Legislative Acts concerning Divorce in Georgia, 1802-1892 Contributed for use in USGenWeb Archives by Linda Blum-Barton http://www.genrecords.net/emailregistry/vols/00003.html#0000645 ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** [Title - See Below], [Georgia Legislative Documents], [Georgia Department of Archives and History], presented in the Digital Library of Georgia ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: PASSED AT THE SESSIONS OF JUNE AND NOVEMBER, 1802, ACTS OF THE STATE OF GEORGIA 1802 Vol. 1 -- Page: 69 Sequential Number: 046 Type: AN ACT Full Title: To carry into effect the ninth section of the third Article of the constitution. WHEREAS marriage being among the most solemn and important contracts in society, has been regulated in all civilized nations by [Illegible Text] systems; And whereas, circumstances may require a [Illegible Text] of contracts founded on the most binding and sacred obligations which the human mind has been capable of divising, and such circumstances may combine to render necessary the dissolution of the contract of marriage, which dissolution ought not to be dependent on private will, but should require Legîslative interposition, inasmuch as the Republic is deeply interested in the private happiness of its citizens: And whereas, the Constitution of [Illegible Text] State declares that "Divorces shall not be granted by the Legislature until the parties shall have had a fair trial before the Superior Court, and a verdict shall have been obtained, authorising a Divorce upon legal principles; and in such cases, two thirds of each branch of the Legislature, may pass acts of Divorce accordingly." And doubts being entertained by the Judges of the Superior Courts of this state, with respect to their powers of deciding upon applications for divorce, before the General Assembly have legislated upon the said section of the third article of the constitution. For the purpose of obviating said doubts, and of carrying into effect the said section of the constitution, therefore SEC. 1. Be it enacted by the Senate and House of Representatives, in General Assembly met, and it is hereby enacted by the authoríty of the same, That the Divorce recognized by this act, shall be the total Divorce, that is to say, the Divorce, a [Illegible Text] [Illegible Text]. SEC. 2. And be it further enacted, That the proceedings on Divorce shall be by petition to the Court, which petition shall plainly and fully state the cause or Page: 70 [Illegible Text] of the application for such Divorce; to which petition the Clerk shall annex a citation signed by such Clerk, and bearing teste in the name of the Judge having cognizance of the case, directed to the Sheriff, [Illegible Text] or requiring the defendant to appear at the Court [Illegible Text] which the same is made returnable, thirty days before the setting of the Court, by serving a copy of such Petition and cítation on the Defendant, or by leaving a copy at his or her most notorious place of abode. SEC. 3. And be it further enacted, That the following proceeding shall be observed by the Defendant, to wit: The Defendant shall appear at the Court to which the petition and citation are made returnable, and on or before the last day of the Court, shall make his or her answer or defensive allegation in writing, signed by the party making the same, or his or her attorney, which may extenuate, deny or contain as much matter, or as many circumstances in his or her defence, as the said Defendant may think necessary and proper therein. SEC. 4. And be it further enacted, That where the said Defendant shall fail to appear as aforesaid, the Court shall proceed to give judgment by default, which [Illegible Text] be enquired of as the law directs, and has heretofore been the custom and practice of Courts as in cases of default. SEC. 5. And be it further enacted, That the verdict of the Jury, which by the aforesaid section of the constitutîon must in its nature be interlocutory, not definitive, shall be in the form and words following, to wit: "We find, that sufficient proofs have been referred to our consideration to authorize a total Divorce, that is to say a Divorce a vinculo matrimonii, upon legal principles between the parties in this case:" a certífied copy of which verdict, signed by the Clerk of the Court at which the said verdict shall have been obtained; together with the records appertaining to the same, shall be, and is hereby considered as a full compliance with the aforesaid section of the third article of the [Illegible Text]. Page: 71 SEC. 6. And be it further enaCted by the authority aforesaíd, That when any person shall be out of the limits of this state, that has complaint [Illegible Text] against them by virtue of this act, the Judge presiding may make a rule of Court to compel their attendance or proceed to trial in case of default. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Approval Date: Assented to December 1, 1802. ----------------------------------------------------------------------------------------------------------- ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT LOUISVILLE, IN NOVEMBER AND DECEMBER, 1806. ACTS OF THE STATE OF GEORGIA; PASSED IN NOVEMBER AND DECEMBER, 1806. 1806 Vol. 1 -- Page: (16) Sequential Number: 010 Type: An Act Full Title: To amend an act, entitled "An act to carry into effect the 9th section of the 3d article of the constitution." BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the divorces recognized by this act shall be absolute, and totally dissolve the marriage contract, or conditional, and only separate the parties from bed and board, and provide for the separate Page: (17) maintenance and support of the parties and their issue. SEC. 2. And be it further enacted, That all cases of divorce which shall come before the Superior Court, shall be tried by a special jury, who shall enquire into the situation of the parties before their intermarriage; and also at the time of trial, and in all cases where they shall determine in favor of a conditional divorce, they shall be their verdict or decree make provision out of the property of which the husband may be possessed, for the separate maintenance and support of the wife and the issue of such marriage; which verdict or decree, the said court shall cause to be carried into effect according to the rules of law, or according to the practice of chancery, as the nature of the case may require. SEC. 3. And be it further enacted, That in all cases where the verdict shall be for an absolute divorce, the party whose improper, or criminal conduct shall authorize such divorce, shall not be permitted to marry again during the life of the other party, and in case of such second marriage, the party so offending shall be subject to the pains and penalties enacted against bigamy -- Provided always, That where the marriage is declared void for such causes existing before such intermarriage as are recognized by the ecclesiastical Courts, the said parties may marry again, any thing herein before contained to the [Illegible Text] notwithstanding. SEC. 4. And be it further enacted, That Page: (18) in all cases where the special jury shall have brought in a verdict for an absolute divorce, and the General Assembly shall refuse to pass a law to carry the same into complete effect, it shall be lawful for either party to apply to the Superior Court of said county, after giving thirty days notice, in writing, of such application, to the adverse party, if within this State, and if out of the State three months notice, in one of the public gazettes -- and it shall be the duty of such court to appoint three commissioners, who shall enquire into the situation of the parties before their intermarriage, and also at the time of such enquiry; and shall determine upon the support or provision which may be necessary for the separate maintenance of the wife, having due regard to her situation before marriage, and also of the situation of the husband at the time of such enquiry -- and the said three commissioners, before they proceed to make the enquiry, shall take and subscribe before one of the Justices of the Inferior Court, or Justices of the Peace of said county, the following oath, or affirmation, [Illegible Text]: -- I, A. B. do solemnly swear, or affirm, that I will, without prejudice, or partiality, faithfully enquire, and justly decide upon the case now submitted to me, and that I will make my report, or decree thereon according to the principles of justice and equity, to the best of my skill and understanding, so help me God. And it shall be the duty of such commissioners to report their decision or decree in the premises to the next Page: (19) Superior Court of the county aforesaid; which shall cause the same to be entered as the judgment of said Court -- subject nevertheless to be altered or modified by the said Court -- Provided application be made to the next Superior Court of said county for that purpose, stating the grounds upon which such application is founded; and in such case it shall be the duty of the said Superior Court to refer the said decree, or report to the same commissioners, with two additional commissioners, who shall take the oath herein before prescribed, and shall proceed to reexamine the said decree, and report their decision or decree in the premises, to the next Superior Court of said county; which shall be entered as the judgment or decree of said Court. SEC. 5. And be it further enacted, That all commissioners appointed under, and by virtue of this act shall have power to compel the attendance of such witnesses as may be deemed necessary by the parties, before them, at such time and place as they may appoint for their meeting; and shall also have competent power and authority to administer an oath to such witnesses, and shall take down the testimony of such witnesses in writing, which shall be annexed to their decree, and be deposited in the Clerk's office. SEC. 6. And be it further enacted, That in all cases where provision is made for the separate maintenance of the wife according to the provisions of this act, the husband shall Page: (20) notbe subject to any contract made thereafter by such wife, but in all and every such case, the wife shall be subject to the payment of her own debts, out of her separate maintenance, during the time that such separation, and separate maintenance shall continue. SEC. 7. And be it further enacted, That in all cases of divorce the issue of such marriage shall not be bastardized, but shall be capable of taking by descent or destribution from either of their said parents. SEC. 8. And be it further enacted, That in all cases of applications for a divorce, the party applying shall render a schedule on oath, of the property owned or possessed by said parties at the time of such application; or if the parties have separated at the time of such separation, which shall be filed of record by the Clerk of the Superior Court, and after all just debts shall be paid, shall be subject to a division or equal distribution between the children of such parties, except the jury before whom the same may be tried, shall think proper to allow either party a part thereof. SEC. 9. And be it further enacted, That so much of the before recited act, as is repugnant to this act, be, and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor Approval Date: Assented to December 5, 1806. -------------------------------------------------------------------------------------- ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE, At an Annual Session, In November and December, 1812. ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; PASSED IN NOVEMBER AND DECEMBER, [Illegible Text] 1812 Vol. 1 -- Page: 57 Sequential Number: 039 Type: AN ACT Full Title: To amend the ninth section of the third article of the constitution of this state. WHEREAS the ninth section of the constitution of this state is in the words following, viz: -- "Divorces shall not be granted by the Legislature until parties shall have had a fair trial before the Superior court, and a verdict shall have been obtained, authorizing a divorce upon legal principles; and in such cases, two thirds of each branch of the Legislature may pass acts of divorce accordingly;" 1. BE it therefore enacted by the Senate and Page: 58 House of Representatives of the state of Georgia in General Assembly met, and by the authority of the same it is hereby enacted, That as soon as this act shall have passed agreeably to the requisitions of the constitution, that then the section above recited shall be repealed, and the following adopted in lieu thereof. 2. BE it enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, and by the authority of the same, That where the parties shall have a fair trial before a special jury of the Superior court in their respective counties where the parties or the complaining party may reside, authorising a divorce upon legal principles, then, in all such cases the divorce shall be deemed valid, agreeable to the tenor of the said verdict. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. Approval Date: [missing data] [It was determined by a resolution of the General Assembly, passed in 1811, that the signature of His Excellency the Governor was not necessary to the passage of bills for altering the Constitution.] ---------------------------------------------------------------------------------------------------------- ACTS OF THE General Assembly OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE, At an Annual Session, IN NOVEMBER AND DECEMBER, 1813. THE CONSTITUTION OF THE STATE OF [Illegible Text] 1813 Vol. 1 -- Page: 107 Sequential Number: 109 ARTICLE III. ..........{Page: 125 Sec. 9. Divorces shall not be granted by the Legislature, until the parties shall have had a fair trial before the Superior court, and a verdict shall have been obtained, authorizing a divorce upon legal principles. And in such cases, two-thirds of each branch of the Legislature may pass acts of divorce accordingly.} E, the underwritten Delegates of the People of the State of Georgia, chosen and authorized by them to revise, alter and amend, the powers and principles of their government, DO declare, ordain and ratify, the several Articles and Sections contained in the six pages hereunto prefixed, as the Constitution of this State; and the same shall be in operation from the date hereof. IN TESTIMONY WHEREOF, We, and each of us respectively, have hereunto set our hands, at LOUISVILLE, the seat of government, this thirtieth day of May, in the year of our LORD one thousand seven hundred and ninety eight, and in the twenty-second year of the Independence of the United States of America; and have caused the Great Seal of the state to be affixed thereto. Article 4th, section 11th, and first line, the following words being interlined, to wit -- "After the first day of October next." JARED IRWIN, President, and Delegate from Washington. [Signed by the Delegates from the several counties.] Approval Date: [missing data] ------------------------------------------------------------------------------------------------------------------------------ ACTS OF THE GENERAL ASSEMBLY OF THE State of Georgia, PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1832. [missing title] CONSTITUTION. 1832 Vol. 1 -- Page: 41 Sequential Number: 029 Full Title: AN ACT to alter and amend the ninth section of the third article of the Constitution of the State of Georgia. Whereas the ninth section of the third article of the constitution reads as follows: -- Divorces shall not be granted by the Legislature until the parties shall have had a fair trial before the superior court and a verdict shall have been obtained, authorizing a divorce upon legal principles; and in such cases two thirds of each branch of the legislature may pass acts of divorce accordingly. And whereas the frequent, numerous and repeated applications to the legislature to grant divorces, has become a great annoyance to that body, and is well worthy their attention, as well on account of the expense consequent on said applications as the unnecessarily swelling the Laws and Journals; and believing that the public good would be as much promoted, and that the parties would receive full and complete justice -- Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the ninth section of the third article of the constitution of the State of Georgia shall read as follows: Divorces shall be final and conclusive when the parties shall have obtained the concurrent virdicts of two special juries authorising a divorce upon legal principles. Sec. 2. And be it further enacted, That so soon as this act shall have undergene the requisitions required by the constitution, it shall become a part of the constitution of the State. ASBURY HULL, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Approval Date: [missing data] ----------------------------------------------------------------------------------- ACTS OF THE GENERAL ASSEMBLY OF THE State of Georgia, PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1832. [missing title] CONSTITUTION. 1832 Vol. 1 -- Page: 44 Sequential Number: 031 Full Title: AN ACT to alter and amend the ninth section of the third article of the Constitution, relative to divorces. Whereas the said section and article of the Constitution of the State of Georgia, requires alteration, Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as the following amendment shall be passed agreeable to the fifteenth section of the fourth article of the constitution, it shall be received in lieu of the present ninth section of she third article, to wit: "That the superior courts of the several counties in this State shall have full power, to decide on the last resort in all cases of divorces, in the following manner, to wit: The parties concerned shall bring their case before a petit jury, as a common issue at law, and as such the proceedings shall be had thereon: That if the verdict is in favor of a divorce, the said cause shall be put on the appeal docket and be tried by a special jury, and if the said special jury confirms the verdict of the petit jury, and the next succeding grand jury shall, by their recommendation confirm the verdicts of the aforesaid juries, the said divorce between the parties shall be final: and it shall be the duty of the Judge of the superior court to have all the evidence and proceeding on said divorce, down to the last decision as heretofore directed, entered on the minutes of said court, and from this proceeding there shall be no appeal -- but the divorce shall be final and complete a vinculo matrimonii." Sec. 6. And be it further enacted, That this act having passed both branches of the Legislature, and having been advertised six months and all the requisites of the constitution complied with, shall thereafter be the law of the land in the case of divorces. ASBURY HULL, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Approval Date: Dec. 24, 1832. --------------------------------------------------------------------------------------------------------------- ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE, AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1833. [missing title] CONSTITUTION. 1833 Vol. 1 -- Page: 47 Sequential Number: 029 Full Title: AN ACT to alter and amend the ninth section of the third article of the Constitution of the state of Georgia. Whereas the ninth section of the third article of the constitution reads as follows: Divorces shall not be granted by the Legislature until the parties shall have had a fair trial before the superior court and a Page: 48 verdict shall have been obtained, authorizing a divorce upon legal principles; and in such cases two-thirds of each branch of the legislature may pass acts of divorce accordingly. And whereas the frequent, numerous and repeated applications to the legislature to grant divorces, has become a great annoyance to that body, and is well worthy their attention, as well on account of the expense consequent on said applications as the unnecessarily swelling the Laws and Journals; and believing that the public good would be as much promoted, and that the parties would receive full and complete justice: Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the ninth section of the third article of the constitution of the State of Georgia shall read as follows: Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdicts of two special juries authorizing a divorce upon legal principles. SEC. 2. And be it enacted by the authority aforesaid, That so soon as this act shall have undergone the requisitions required by the constitution, it shall become a part of the constitution of the state. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. Approval Date: [missing data] --------------------------------------------------------------------------------------------------------------------------------------- ACTS OF THE STATE OF GEORGIA 1847. [missing title] 1847 Vol. 1 -- Page: 63 Sequential Number: 048 Full Title: AN ACT to amend the ninth Section of the third Article of the Constitution of the State of Georgia. WHEREAS the said ninth Section of the third Article of the Constitution of this State, is in the following words, to wit: "Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdict of two special juries authorizing a divorce upon legal principles:" And whereas it is proper that the General Assembly should have the right and power to establish the "legal principles" upon which divorces should be authorized and allowed: -- Therefore, be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That so soon as this act shall pass agreeably to the requisitions Page: 64 of the Constitution, providing for its own amendment, the following amendment shall be adopted in lieu of the said ninth Section of the third Article of the Constitution, to wit: [Illegible Text] shall be final and [Illegible Text] when the parties shall have obtained the concurrent verdict of two special juries authorizing a divorce upon such legal principles as the General Assembly may by law prescribe. CHARLES J. JENKINS, Speaker of the House of Representatives. ANDREW J. MILLER, President of the Senate. GEORGE W. TOWNS, Governor. Approval Date: Approved, December 28, 1847. --------------------------------------------------------------------------------------------------------------- ACTS OF THE STATE OF GEORGIA, 1849-50. [missing title] 1849 Vol. 1 -- Page: 151 Sequential Number: 195 Full Title: AN ACT in relation to Divorces. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from Page: 152 and after the passage of this act, the following shall be the grounds or legal principles upon which divorces from the bonds of matrimony shall be granted, to wit: 1stly. Intermarriage by persons within the levitical degrees of consanguinity or affinity. 2ndly. Mental incapacity at the time of marriage. 3rdly. Impotency at the time of marriage. 4thly. Force, menaces or duress in obtaining the marriage. 5thly. Pregnancy of the wife at the time of marriage without the knowledge of the husband. 6thly. Adultery in either of the parties after the marriage. 7thly. Wilful and continued desertion by either party for the term of three years. 8thly. The conviction of either party of an offence involving moral turpitude, and under which he or she is sentenced to imprisonment in the Penitentiary for the term of two years or longer. SECTION 2. And be it further enacted, That in case of cruel treatment on the part of one toward the other of the parties, or of habitual intoxication, the jury may, according to the circumstances of such case, determine whether the divorce shall be from the bonds of matrimony or from bed and board. SECTION 3. And be it further enacted, That if the adultery, or desertion, or treatment, or intoxication complained of, shall have been occasioned by the collusion of the parties, and done with an intention of causing a divorce, or if the party complaining was consenting thereto, or if both parties have been guilty of like conduct, then no divorce shall be granted. SECTION 4. And be it further enacted, That all other grounds than those stated in the first and second sections of this act shall only be causes for divorce from bed and board. SECTION 5. And be it further enacted, That all laws now of force in relation to divorces and the form of proceedings necessary to obtain them, that are not inconsistent with this act, be and the same are continued in full force. Approval Date: Approved, February 22, 1850. -------------------------------------------------------------------------------------------------------------------- ACTS OF THE STATE OF GEORGIA, 1849-50. [missing title] 1849 Vol. 1 -- Page: 282 Sequential Number: 327 Full Title: AN ACT for the relief of certain citizens of this State from any and all disabilities, pains and penalties to which they may now be subjected to by law. WHEREAS the Supreme Court of this State has decided that final divorces cannot be obtained, and are not authorized by law for any cause arising subsequent to the marriage; and whereas, there are many citizens, male and female, who have been divorced either by the judgment of the Superior Courts of this or some other State; and whereas, there are those who now reside in this State, who have been divorced by the acts and resolutions of the Legislative authority of other of the American States; and whereas doubts are entertained as to the validity and legality of said divorces so obtained -- for remedy whereof: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That where any person or persons having been divorced as aforesaid, shall have heretofore married, or shall hereafter contract in marriage, that the same shall be legal and valid, and that all and every such person shall be exempt from all and every, the pains and penalties now prescribed against the crime of bigamy, and all privilges and immunities secured to the party in the decree of divorce, shall be valid in this State: Provided, that this act shall not extend to partial divorces, whether granted in the State of Georgia, or elsewhere. SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approval Date: Approved, December 20, 1849. -------------------------------------------------------------------------------------------------------------------------------- ACTS OF THE STATE OF GEORGIA, 1849-50. RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. 1849 Vol. 1 -- Page: 419 Sequential Number: 531 Full Title: AN ACT to amend the ninth Section of the third Article of the Constitution of the State of Georgia. WHEREAS the said ninth Section of the third Article of the Constitution of this State is in the following words, to wit: "Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdict of two special juries authorizing a divorce upon legal principles;" and whereas it is proper that the General Assembly should have the right and power to establish the "legal principles" upon which divorces should be authorized and allowed: Therefore be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That as soon as this act shall pass agreeably to the requisitions of the requisitions of the Constitution, providing for its own amendment, the following amendment shall be adopted in lieu of the said ninth Section of the third Article of the Constitution, to wit: Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdict of two special juries authorizing a divorce upon such legal principles as the General Assembly may by law prescribe. Approval Date: Approved, December 28, 1817, and November 22, 1849. -------------------------------------------------------------------------------------------------------------------------------------- ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1878-79 Part I.--Public Laws. TITLE IV. CODE AMENDMENTS. 1878 Vol. 1 -- Page: 51 Sequential Number: 041 Short Title: JURIES -- HOW SELECTED TO TRY DISABILITIES FROM DIVORCE GRANTED. Law Number: No. 199. Full Title: An Act to alter and amend section 1730 of the Revised Code of Georgia of 1873, which relates to the manner of selecting juries to try applications for the removal of disabilities imposed by the granting of divorces by the courts, by striking from the second and third lines thereof the words "a special jury selected from the grand jury," and inserting in [Illegible Text] of the same, the words, "a jury selected as juries are selected for the trial of common law cases." SECTION. I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, section 1730 of the Revised Code of Georgia of 1873, which relates to the manner of selecting juries to try applications for the removal of disabilities imposed by the granting of divorces by the courts, by striking out of the second and third lines thereof the words, "a special jury selected from the grand jury," and insert in lieu of the same, the words, "a jury selected as juries are selected for the trial of common law cases." So that said section will read: "Said application Page: 52 shall be tried at the first term of the court, by a jury selected as juries are selected for the trial of common law cases, who shall hear all the facts, and if in their judgment, the interest of the applicant, or society, demands the removal of such disabilities, the jury shall so find, and the party so relieved shall be allowed to contract a second marriage as though no marriage had ever existed between the applicant and the divorced person. [Sidenote: Section 1730 of the Code amended as to juries in cases for removal of disabilities because of divorce.] SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approval Date: Approved October 2, 1879. -------------------------------------------------------------------------------------------------------------------------------------------- ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1880-81. Part I.--Public Laws. TITLE IV. CODE AMENDMENTS. 1880 Vol. 1 -- Page: 65 Sequential Number: 058 Short Title: PRACTICE IN DIVORCE CAUSES, Law Number: No. 198. Full Title: An Act to repeal section 1711 of the Code of 1873, and to insert another section in lieu thereof. Section I. Be it enacted by the General Assembly of the State of Georgia, That section 1711 of the Code of 1873, which reads as follows, "Divorces may be granted by the Superior Court, and shall be of two kinds, total, or from bed and board. The concurrent verdict of two special juries, at the same term or otherwise, shall be necessary to a total divorce (and in case there be but one panel of grand jurors empaneled at the same term, it shall be lawful for the presiding Judge to have a second jury empaneled from said grand jury, composed of grand jurors summoned to the same term, and in the event of a deficiency, the same may be completed by tales jurors under the direction of said Judge), (a) a divorce from bed and board may be granted on the verdict of one special jury," be, and the same is hereby, repealed. Sec. II. Be it further enacted by the authority aforesaid, That Page: 66 in lieu thereof the following shall be inserted as section 1711, and shall be the law: "Divorces may be granted by the Superior Court, and shall be of two kinds, total, or from bed and board. The concurrent verdict of two juries at different terms of the court, shall be necessary to a total divorce. A divorce from bed and board may be granted on the verdict of one jury." Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approval Date: Approved September 1st, 1881. ---------------------------------------------------------------------------------------------------------------------------------------- ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1892. PART I.--Public Laws. TITLE IX. MISCELLANEOUS. 1892 Vol. 1 -- Page: 105 Sequential Number: 060 Short Title: DIVORCES GRANTED SINCE ACT OF OCTOBER 20, 1891, MADE VALID. Law Number: No. 127. Full Title: An Act to make valid and legal certain divorces granted by the courts of this State since the passage and approval of an act of the General Assembly of this State approved October 20, 1891, designated as No. 741 in Volume 1 of the published acts of 1890-1891, on page 235, and entitled an act to prescribe the time of residence in this State, and of the counties therein, of all persons making application for divorce to the courts of this State and for other purposes. Inasmuch as it was not the intention of the General Assembly of this State to embrace within the provisions of the act above referred to such applications for divorce as were pending at the time of the passage and approval of said recited act, and were filed for or on behalf of persons who were bona fide residents of this State at the time of the filing of their applications; and, inasmuch as doubt exists as to whether the effect of said act is or was to embrace such cases: Page: 106 SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That all divorces granted by the courts of this State since the passage and approval of the act recited in the caption of this present act which were pending at the time of the passage and approval of said recited act and filed for or on behalf of persons who were bona fide residents of this State at the time of the filing of their applications for divorce, be, and the same are, hereby made valid and legal, both as regards divorces granted to those making application therefor as aforesaid, and those whose disabilities have been removed as defendants in such applications as well as those whose disabilities, whether original plaintiffs or defendants, have been removed in separate applications for the removal of disabilities fixed by the verdicts or judgments in such divorce causes or the effect of such verdicts or judgments. [Sidenote: Divorces granted since act of Oct. 20, 1891, made valid.] SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this act be, and the same are, hereby repealed. Approval Date: Approved December 22, 1892.