
    E. T. Jones, plaintiff in error, vs. F. A. Billingslea, defendant in error. E. T. Jones, plaintiff in error, vs. John M. Cutliff, defendant in error.
    Persons detailed or exempted from service in tlie Confederate army, as agriculturalists, under the tenth section of the act of 17th February 1804, entitled, “ An act to organize forces to serve dming the war,” are liable, pending such exemption, to active service in the militia, upon the call of the Governor of Georgia.
    Decisions on Habeas Corpus, by Judge Richard H. Clark. At Chambers. October 1864.
    By consent of counsel, these two cases, returned to the last term at Milledgeville, were transferred for hearing to the present term at Macon. They were here consolidated and decided together.
    The defendants in error were members of a military company then in service, and were absent from their command on furloughs which had expired. Eor this cause, they were held under arrest by the plaintiff in error, who was an officer of the militia, and who-had arrested them in compliance with a special order from His Excellency the Governor. They each sued out a writ of habeas corpus to be discharged from the arrest, and urged as the ground for discharge, that they were conscripts between the ages of 18 and 45 years, that they were, during the summer of 1864, exempted from Confederate service, each as the manager of his own farm, upon which there were over fifteen able-bodied hands, that the exemption was for twelve months, still unexpired, and that each was, and had been during the whole time, sole manager of his farm.
    Upon these facts, Judge Clark, at the hearing, ordered their discharge; and this is assigned as error.
    The cases were submitted to the Court without argument.
   By the Court.

Jenkins, J.

delivering the opinion.

These cases are within the ruling of this Court in the cases of Barber vs. Irwin, Jones vs. Mercer, etc., determined at the late Milledgeville term. For the reasons assigned in those cases, the judgment of the Court below is reversed, and the defendants in error held liable to the militia service, upon a regular call of the Governor of Georgia.  