Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA: CHARLES P. BYRD 19080000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1908. 19080000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA, GA CHARLES P. BYRD, State Printer 1908.

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TABLE OF TITLES. PART IPUBLIC LAWS. TITLE I.APPROPRIATIONS TITLE II.TAXES. TITLE III.AMENDMENTS TO CONSTITUTION TITLE IV.CODE AMENDMENTS TITLE V.SUPERIOR COURTS TITLE VI.RAILROADS TITLE VII.MISCELLANEOUS PART II.LOCAL LAWS. TITLE I.CITY AND COUNTY COURTS TITLE II.MISCELLANEOUS PART III.CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS PART IV.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY AT ITS REGULAR SESSION IN 1908 Part I.PUBLIC LAWS. TITLE.....I.APPROPRIATIONS. TITLE.....II.TAXES. TITLE.....III.AMENDMENTS TO CONSTITUTION. TITLE.....IV.CODE AMENDMENTS. TITLE.....V.SUPERIOR COURTS. TITLE.....VI.RAILROADS. TITLE.....VII.MISCELLANEOUS.

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TITLE 1. APPROPRIATIONS. ACTS. General Appropriation Act of 1907, amended. General Appropriation Act of 1907, amended. For salaries and expenses of Railroad Commission. For the Georgia State Sanitarium. For State Board of Health. For College of Agriculture. For repairs of Old College. For State Normal School. For State Normal School. For Georgia Normal and Industrial College. For Georgia Normal and Industrial College. For School of Technology. For Confederate Soldiers' Home of Georgia. For improving State's property at Indian Springs.

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GENERAL APPROPRIATION ACT OF 1907 AMENDED. No. 516. An Act to amend An Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government for the payment of the public debt and the interest thereon; for the support of the public institutions and the educational interests of the State, for each of the fiscal years 1908, and 1909; and for other purposes, approved August 22nd, 1907; by striking from Section 6 thereof certain provisions relative to the fees arising from the inspection of fertilizers, and the fees arising from the inspection of oils, and directing how these fees and other fees shall be used; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be, and the same is, hereby amended by striking from Section 6, lines 25, 26, 27, and 28, which read as follows, to-wit: The salaries of the State Chemist and his assistants, the fund-for chemicals and chemical materials, and the salaries of the cattle inspectors appropriated above, shall be paid out of the fees arising from the inspection of fertilizers; and further amend said Section 6 by striking the following clause in lines 31, 32, and 33, as follows, to-wit: The same to be paid out of the funds arising from the fees for inspecting fertilizers, as provided in Section 1384 of the Code of 1895; and further amend said Section by striking lines 44, 45, and 46, which read as follows, to-wit: The salaries above mentioned, and all the expenses aforesaid to be paid out of the fees arising from the inspection of oils, as provided in the Acts aforesaid. State Chemist, etc., how paid. SEC. 2. Be it further enacted by authority aforesaid, That all the fees arising from the inspection of fertilizers,

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from the inspection of oils, and from the inspection prescribed by the pure food law, which have been covered into the Treasury during 1908, as well as those hereafter to be paid, after deducting from same the actual cost and expenses of inspection, to-wit: the salaries expenses incident to such inspection, be appropriated and applied to the support and maintenance of the Agricultural and Mechanical Schools established in pursuance of the Act, approved August 18, 1906, wherein such schools are provided for each and every Congressional District in this State. Agricultural and Mechanical Schools, appropriations for. SEC. 3. That the following amounts be appropriated to the persons, and for the purposes, herein set out. First. To pay the Secretary of the Senate and the Clerk of the House of Representatives for preparing and mailing to the members of the Senate and of the House of Representatives the pamphlet showing the status of the unfinished business of the Session of 1907, the sum of fifty ($50.00) dollars to the secretary of the Senate; and the sum of seventy-five ($75.00) dollars to the Clerk of the House of Representatives; these amounts to be paid on the warrant of the Governor on the Treasurer of the State. Secretary of Senate and Clerk of House. Second. To pay for Lithia Water furnished, under resolution of the Senate, to the Senate during the Session of 1908, the sum of thirty-three and 75/100 dollars, to be paid to Hon. Philip Cook, Secretary of State, upon the warrant of the Governor on the Treasurer of the State. Lithia water. Third. The sum of two hundred dollars, or so much thereof as may be necessary, to pay for one additional Assistant Doorkeeper for the Senate for the Session of 1908, as provided by resolution of the Senate, to be paid as other Doorkeepers are paid. Assistant Doorkeeper. SEC. 4. 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. Approved August 15, 1908.

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GENERAL APPROPRIATION ACT OF 1907 AMENDED. No. 417. An Act to amend an Act entitled An Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government, for the payment of the public debt and interest thereon, for the support of the public institutions and the educational interests of the State, for each of the fiscal years 1908, and 1909, and for other purposes, by striking from said Act the following words contained in lines 26, 27 and 28, on page 18, in Section 6, Acts 1907, approved August 22, 1907, to-wit: The pension funds appropriated in the four preceding paragraphs shall be paid quarterlythat is, one-fourth of the amount due each pensioner every three months, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That An Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government, for the payment of the public debt and interest thereon, for the support of the public institutions and the educational interests of the State, for each of the fiscal years 1908 and 1909, and for other purposes, be, and the same is, hereby amended by striking from said act the following words contained in lines 26, 27 and 28, on page 18, in Section 6 of said Act, Acts 1907, approved August 22, 1907, to-wit: The pension funds appropriated in the four preceding paragraphs shall be paid quarterlythat is, one-fourth of the amount due each pensioner every three months. Pensions. Act 1907 amended. 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. Approved August 18, 1908.

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FOR SALARIES AND EXPENSES OF RAILROAD COMMISSION. No. 466. An Act to supplement and increase the appropriations made under the General Appropriation Act of 1907 for salaries and other expenses of the Railroad Commission of Georgia, as authorized under the Act approved August 22nd, 1907, to increase the membership of the Railroad Commission, etc., and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the following sums of money be and they are hereby appropriated to supplement the appropriations made under the General Appropriation Act of 1907 for salaries and other expenses of the Railroad Commission of Georgia, as authorized under the Act approved August 22nd, 1907, to increase the membership of the Railroad Commission, etc., to-wit: To pay the increased salary of the Chairman of the Railroad Commission, for the period of four months and five days, ending December 31st, 1907, the sum of five hundred and twenty-five dollars. For the increase in salary of the Chairman of the Railroad Commission for each of the fiscal years 1908 and 1909, the sum of fifteen hundred dollars. Chairman's salary. For the increase in salary of the Secretary of the Railroad Commission, the sum of seventy-two dollars from August 22nd, 1907, to December 31st, 1907, and the sum of two hundred dollars for each of the fiscal years 1908 and 1909. Secretary's salary. For the salary of the Stenographer to the Railroad Commission, for the three months ending December 31st, 1907, the sum of three hundred dollars, and the sum of twelve hundred dollars for each of the fiscal years 1908 and 1909. Stenographer's salary.

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For the salary of the Special Attorney to the Railroad Commission the sum of twenty-five hundred dollars for each of the fiscal years 1908 and 1909. Special Attorney's salary. For the increase authorized in the contingent fund of the Railroad Commission the sum of twenty-two hundred dollars, or so much thereof as may be necessary, for each of the fiscal years 1908 and 1909. Contingent fund. For the increase authorized in the printing fund for the four months ending December 31st, 1907, the sum of three hundred and thirty-three dollars and thirty-three cents, and the sum of one thousand dollars, or so much thereof as may be necessary, for each of the fiscal years 1908 and 1909. Printing. For the payment of one or more rate experts as authorized in said Act of August 22nd, 1907, the sum of four thousand dollars, or so much thereof as may be needed, for each of the fiscal years 1908 and 1909. Rate Experts. SEC. 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1908. FOR THE GEORGIA STATE SANITARIUM. No. 528. An Act to appropriate the sums of $15,000.00 for the year 1908 and $30,000.00 for the year 1909, to the support and maintenance of the Georgia State Sanitarium for the Insane, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there be appropriated from the funds of the Treasurer not otherwise appropriated the sum of $15,000.00 to the Board of Trustees of the Georgia State Sanitarium for the Insane, for the purpose of supporting and maintaining said institution for the year

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1908, and the further sum of $30,000.00 to the said Trustees for the support and maintenance of the said sanitarium for the year 1909. The appropriation of the above named sums is made in addition to the amount provided for in the General Appropriation Bill approved the day of August, 1907. State sanitarium, appropriation for. 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. Approved August 17, 1908. FOR STATE BOARD OF HEALTH. No. 529. An Act to appropriate money to maintain and equip the laboratory and providing the necessary supplies for the manufacture and transportation of virus for the prevention and treatment of rabies, or hydrophobia, and the manufacture of diptheria antitoxin, to be supplied, when necessary, free of charge to the people of Georgia. Whereas, the General Assembly, by an Act, approved August 22, 1907, appropriating the sum of three thousand, five hundred ($3,500.00) dollars for equipping a laboratory, and providing the necessary supplies for the manufacture and transportation of attenuated virus for the treatment and prevention of rabies, or hydrophobia, and for the manufacture of diptheria antitoxin, to be supplied, when necessary, free of charge to the people of Georgia, under the direction and auspices of the State Board of Health, and State Board of Health, appropriation for treatment of Hydrophobia, etc. Whereas, this sum of money has been used for the permanent equipment of said laboratory, and the demand having exceeded all expectations, twenty-six (26) persons already having been successfully treated since the 29th of June by this department, thereby exhausting

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the appropriation previously made, be it now enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That the sum of five thousand ($5,000.00) dollars be, and the same is, hereby appropriated for the maintenance and immediate use of said department. Approved August 17, 1908. FOR COLLEGE OF AGRICULTURE. No. 416. An Act to appropriate the sum of thirty thousand dollars to the University of Georgia, for the support and maintenance fund of the College of Agriculture at Athens for the scholastic year ending June 15, 1908, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of thirty thousand dollars be, and the same is, hereby appropriated to the University of Georgia for the support and maintenance fund of the College of Agriculture at Athens for the scholastic year ending June 15, 1908, said College having been organized and operated under the Act of the General Assembly of 1906. College of Agriculture. SEC. 2. Be it further enacted by authority of the same, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1908. FOR COLLEGE OF AGRICULTURE. No. 485. An Act to be entitled An Act to appropriate the sum of twenty-five thousand dollars for the fiscal year 1908, and the sum of fifty thousand dollars for the fiscal

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year of 1909, to the University of Georgia, for the support and maintenance of the State College of Agriculture, at Athens, a branch department of the State University, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of twenty-five thousand dollars for the fiscal year 1908, and the sum of fifty thousand dollars, for the fiscal year 1909, be and the same is hereby appropriated for the support and maintenance of the State College of Agriculture at Athens, Georgia, a branch department of the University. And that five thousand ($5,000) dollars be appropriated for the branch Experiment Station located at Waycross, Ga., for each of the fiscal years 1908 and 1909, to be used as the directors of the Experiment Station may see fit. And that five thousand dollars be appropriated to the Georgia Experiment Station located at Griffin, Ga., to be used for the purpose of erecting certain buildings on said State's property, the said amount to be made available for the year 1909. For College of Agriculture. 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. Approved August 17, 1908, except $5,000, each, appropriated to Experiment Station at Waycross, Ga., and Experiment Station at Griffin, Ga. FOR REPAIRS OF OLD COLLEGE BUILDING. No. 325. An Act to appropriate the sum of $10,000.00 to the University of Georgia for the purpose of preserving, repairing and making safe for use, the college building known as the Old College, and for making necessary repairs to other College buildings on the campus of

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the University of Georgia at Athens, and for other purposes. Whereas, the College building of the University of Georgia, located on the campus at Athens, known as Old College, the oldest building of the University of Georgia, constructed over a hundred years ago, is in an unsafe condition, and the use thereof abandoned, and, Whereas, it is estimated, upon the opinion of expert contractors that said building can be preserved and made safe for use as a dormitory, and for other college purposes, by reconstructing the outer walls, and making other necessary repairs, at an expenditure of approximately $8,000.00; and, Whereas, by the expenditure of said sum, said building can be preserved and made useful as a dormitory, and for other college purposes, at a saving to the State of approximately $30,000.00 in the cost of a new building of the same capacity; and, Whereas, other buildings of the University of Georgia are badly in need of repairs, and economy requires that they should be repaired at once; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the sum of $10,000.00 be, and the same is, hereby appropriated to the University of Georgia, to be used as follows, to-wit: $8,000.00 or so much thereof as may be necessary, in reconstructing the outer walls, and making other necessary repairs on the building located on the campus of the University at Athens, Ga., known as Old College, so as to make the same safe for use as a college dormitory, and for other college purposes, and that the unexpended balance of said $10,000.00 herein appropriated be used in making other necessary repairs on other college buildings located on the campus of the University at Athens, Georgia. Old College, repair of for dormitory. SEC. 2. Be it further enacted, that the money herein

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appropriated shall be available in 1908, and shall be paid to the Treasurer of the Board of Trustees of the University of Georgia, and that said Trustees shall, through their President and Treasurer, submit to the next session of the General Assembly, through the Governor, an itemized and detailed report of the entire expenditure of the sum herein appropriated, under appropriate heads, the several sums expended, and the purpose for which such expenditure was made. Trustees to report expenditure. SEC. 3. Be it further enacted that all laws, and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1908. FOR STATE NORMAL SCHOOL. No. 323. An Act to appropriate to the Trustees of the University of Georgia, for the use of the State Normal School at Athens, the sum of fifteen thousand dollars for additional steam heating, repairs, equipment and improvements in the buildings of said school and for other purposes. 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 the sum of fifteen thousand ($15,000.00) be, and the same is, hereby appropriated to the Trustees of the University of Georgia for the purpose aforesaidthat is, for the repairing of the steam heating plant of old Rock College building, and other necessary repairs in said building, for the installation of steam heat in Bradwell Hall, and for the necessary repairs of the same, for additional equipments and improvements in other buildings of the school. That the money hereby appropriated shall be paid over to the

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Treasurer of the University of Georgia, and by him turned over to the Trustees of the State Normal School, to be expended by said Trustees for the purposes aforesaid. That the same Board of Trustees shall furnish to the Governor an itemized statement of the expenditures of said money in the prosecution of said work. University buildings, Rock College, Bradwell Hall. SEC. 2. 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. Approved July 23, 1908. FOR STATE NORMAL SCHOOL. No. 553. An Act to appropriate to the Trustees of the University of Georgia, the sum of seven thousand ($7,000) dollars for the State Normal School at Athens, to supplement the appropriation Act of 1907 to supply the deficiency in said appropriation for the support and maintenance of said school and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the sum of seven thousand ($7,000) be and the same is hereby appropriated to the Trustees of the University of Georgia for the use of the State Normal School at Athens, to supplement the appropriation contained in the general appropriation Act of 1907 to supply the deficiency in said appropriation for the support and maintenance of said school and for keeping up and maintaining the library of the same. Normal school. SEC. 2. Be it further enacted by the authority aforesaid, that the money hereby appropriated shall be paid over to the treasurer of the University of Georgia on his application therefor, and be by him turned over to the treasurer of the Board of Trustees of said State

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Normal School to be expended by said board for the purpose aforesaid. SEC. 3. 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. Approved August 17, 1908. FOR THE GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 338. An Act to appropriate the sum of fifteen thousand dollars to the trustees of the Georgia Normal and Industrial College at Milledgeville, Georgia for the purpose of erecting an infirmary and for equipping Chapel Hall, Lamar Hall, Atkinson Hall, and the Mansion Dormitory, and for repairs in said buildings on the campus of the Georgia Normal and Industrial College at Milledgeville, Georgia. 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 the sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of erecting an Infirmary on the campus of the Georgia Normal and Industrial College at Milledgeville, Georgia, for the equipping and furnishing of the new Lamar Hall Dormitory, including heating and lighting plant, wiring and electrical fixtures, plumbing, dining room, kitchen and bed room furniture for sixty rooms for the equiping and furnishing of Chappel Hall, and for repairs and additional equipping for Atkinson Hall and Mansion Dormitory, the main college building of the Georgia Normal and Industrial College at Milledgeville, Georgia and the trustees are authorized to make requisition

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on the Governor of the State of Georgia from time to time, for such parts of said funds as may be necessary for the purpose of carrying out this Act, and the Governor is authorized and directed to draw his warrant on the State Treasurer for the amount of said requisition, and the said Treasurer is directed to pay the same out of any funds available for that purpose. Normal and Industrial College. Buildings, etc., furnished and repaired. SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 30, 1908. FOR THE GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 519. An Act to appropriate the sum of $7,671.76 to supply a deficiency in the appropriation for the maintenance of the Georgia Normal and Industrial College for the year 1908, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That there be appropriated to the Directors of the Georgia Normal and Industrial College of Milledgeville, Georgia, the sum of $7,671.76 to supply a deficiency in the appropriation for the maintenance of said college for year 1908. Normal and Industrial School. SEC. 2. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1908.

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FOR SCHOOL OF TECHNOLOGY. No. 319. An Act to appropriate the sum of five thousand dollars, to the University of Georgia for the use of the School of Technology at Atlanta, in completing the Carnegia Library building on the campus of said school, providing shelves, furniture and other necessary equipment therefor. SEC. 1. Be it enacted by the General Assembly of Georgia, That the sum of five thousand dollars be and the same is hereby appropriated to the University of Georgia, for the use of the School of Technology at Atlanta, in completing the Carnegia Library building on the campus of said school, providing shelves, furniture and other necessary equipment therefor. Carnegia Library building. 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. Approved July 23, 1908. FOR CONFEDERATE SOLDIERS HOME OF GEORGIA. No. 422. An Act to appropriate to the Confederate Soldiers Home of Georgia the sum of $5,000.00 to enable the board of trustees to have some needed repairs made on the main building, to increase the heating facilities and augment the maintenance fund for 1909, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the sum of $5,000.00 be, and the same is, hereby appropriated to the Confederate Soldiers Home of Georgia, to enable the trustees thereof

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to have some needed repairs made to protect the main building, to enlarge and increase the heating facilities, and to augment the maintenance fund for the home for 1909. Confederate Soldiers' Home. Two thousand dollars of this sum shall be available immediately after the passage of this Act, and the remainder, $3,000.00, to be paid in 1909, as called for by the trustees. The said sum of $5,000.00 hereby appropriated to be paid out of any money in the State Treasury not otherwise appropriated. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. FOR IMPROVING STATE PROPERTY AT INDIAN SPRINGS. No. 567. An Act to appropriate two thousand dollars, or so much thereof as may be necessary, for improving the State's property at Indian Springs, in Butts county, by erecting a Public Comfort building on the State Reservation, building concrete walls around the sulphur spring to prevent its being covered with water in time of freshet, to place tiling around the spring, to provide for the appointment and pay of commissioners to superintend the work and expend said fund; and for other purposes. Whereas, The State of Georgia owns a reservation in Butts County, on which is located the famous sulphur spring, known as Indian Spring, and Whereas, in times of high water the creek near overflows its banks, covers the spring and shuts out from the people its health-giving waters, and

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Whereas, There is no Public Comfort building on the reservation for the use of the public: Therefore, Be it enacted by the Legislature of the State of Georgia, and it is hereby enacted by authority of the same: SECTION 1. That two thousand ($2,000.00) dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of improving said property by erecting thereon a Public Comfort building, in which there shall be a waiting room and water closets for ladies, and a waiting room and water closets for men; and by building a wall below said spring, to prevent the creek overflowing it, and a wall above to protect from the rain falling on the hill above, and to place tiling around the spring. Indian Springs property. Improvement of, etc. SEC. 2. That the Governor appoint three residents of Butts County as commissioners, whose duty it shall be to secure plans and bids for said improvements, let the contracts for the same, and generally to supervise the work of improvement. Commissioners to be appointed. SEC. 3. That said commissioners shall make report of this work to the Governor, and all bills for improvements under this Act shall be approved by said commissioners and paid by the Governor on warrants drawn on the Treasurer. Commissioners to report. SEC. 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908.

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TITLE II. TAXES ACTS Of Railroads for County, Municipal and School purposes. For collection of taxes past due to State, Counties and Municipalities. TAXES OF RAILROADS FOR COUNTY, MUNICIPAL AND SCHOOL PURPOSES. No. 412. An Act to provide for the rejection, assessment and arbitration in the case of tax returns by railroad companies for county and municipal and school purposes. SECTION 1. Be it inacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the returns of railroad companies for purposes of county and municipal and school taxation shall be subject to the same inspection, objection and assessment by the comptroller general and arbitration, as is now provided by law for returns of such property for purposes of State taxation. Tax returns of railroad companies subject to inspection, etc. 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. Approved August 14, 1908.

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FOR COLLECTION OF TAXES PAST DUE TO STATE, COUNTIES AND MUNICIPALITIES No. 510. An Act providing for the collection of past due taxes to the State, counties and municipalities thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That when the owner of property has omitted to return the same for taxation at the time and for the years the return should have been made, such owner is now required to do so for each year he is a delinquent, said return to be made under the same laws, rules and regulations as existed during the year in default. Tax defaulters. SEC. 2. Be it further enacted, That when the owner of said property refuses or fails to make the return in case of property which should have been returned to the comptroller general, the said comptroller general shall notify in writing such owner of his delinquency, demanding that a return be made thereof within twenty days. Comptroller-General to notify delinquents. SEC. 3. Be it further enacted, That when the omitted property is of that class which should have been returned to the tax receiver of the county, the said tax receiver shall notify in writing such delinquent requiring that he shall make a return thereof within twenty days. Tax receiver. SEC. 4. Be it further enacted, That if the delinquent as provided for under Section 2 of this Act refuses or fails to return his property after the notice given, or returns it below what the comptroller general deems its value, it shall then be the duty of the comptroller general to assess such property for taxation for State, county and municipal and school purposes from the best

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information he can obtain as to its value for each year in default and notify such delinquent of the valuation, which valuation shall be final unless the tax payer raises the question that it is excessive, in which event the further procedure shall be the same as is now provided when the value of returned property is arbitrated. Assessment by Comptroller, how made. SEC. 5. Be it further enacted, That if the delinquent as provided under Section 3 of this Act, refuses to return his property after notice given him it shall be the duty of the tax receiver to assess such property for taxation from the best information he can obtain as to its value for the years in default and notify such delinquent of the valuation, which shall be final, unless the tax payer raises the question that it is excessive, in which event the further procedure shall be the same as provided by law when the value of returned property is arbitrated. Assessment by tax receiver, how made. SEC. 6. Be it further enacted, That if the delinquent under Section 2 disputes the taxability of such property he may raise that question by petition in equity in the Superior Court of Fulton County. Taxability determined. SEC. 7. Be it further enacted, That if the delinquent under Section 3 disputes the taxability of such property he may raise that question by petition in equity in the Superior Court of the county where said property is assessed. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1908.

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TITLE III. AMENDMENTS TO CONSTITUTION ACTS Qualification of electors and registration of voters. Representatives from Ben Hill County. Taxing powers of Counties. Pensions for ex-Confederate soldiers and widows of ex-Confederate soldiers. QUALIFICATIONS OF ELECTORS AND REGISTRATION OF VOTERS. No. 342. An Act to amend the Constitution of the State of Georgia by repealing Section 1 of Article 2 of the Constitution of this State and inserting in lieu thereof a new Section, consisting of nine paragraphs, prescribing the qualifications for electors; providing for the registration of voters, and for other purposes. 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 Section 1 of Article 2 of the Constitution of this State be, and the same is, hereby repealed and the following Section consisting of nine paragraphs, be inserted in said Article in lieu thereof. PARAGRAPH 1. After the year 1908 elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law. Voters must be registered.

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PAR. 2. Every male citizen of this State who is a citizen of the United States, twenty-one years old or upwards, not laboring under any of the disabilities named in this Article and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people; provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire rights of an elector by reason of being stationed on duty in this State. Who may register and what shall qualify. PAR. 3. To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next proceding the election, and shall have paid all taxes which may have been required of him since the adoption of the Constitution of Georgia of 1877 that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote, except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes. PAR. 4. Every male citizen of this State shall be entitled to register as an elector and to vote in all elections in said State who is not disqualified [Illegible Text] the provisions of Section 2 of Article 2 of this Constitution, and who possesses the qualifications prescribed in paragraphs 2 and 3 of this Section or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the five following sub-divisions of this paragraph. 1. All persons who have honorably served in the land or naval forces of the United States in the Revolutionary War, or in the War of 1812, or in the War with Mexico, or in any War with the Indians or in the War between the States, or in the War with Spain, or who honorably served in the land or naval forces of

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the Confederate States or of the State of Georgia in the War between the States, or 2. All persons lawfully descended from those embraced in the classes enumerated in the sub-division next above, or, 3. All persons who are of good character and understand the duties and obligations of citizenship under a Republican form of government; or, 4. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State, that may be read to them by any one of the registrars; or, 5. Any person who is the owner in good faith in his own right of at least forty acres of land situated in this State upon which he resides, or is the owner in good faith in his own right of property, situated in this State and assessed for taxation at the value of $500.00. PAR. 5. The right to register under sub-divisions 1 and 2 of paragraph 4 shall continue only until January 1st, 1915. But the registrars shall prepare a roster of all persons who register under sub-divisions 1 and 2 of paragraph 4, and shall return the same to the clerk's office of the Superior Court of their counties and the clerks of the Superior Court shall send copies of the same to the Secretary of State, and it shall be the duty of these officers to record and permanently preserve these rosters. Any person who has been once registered under either of the sub-divisions 1 or 2 of paragraph 4 shall thereafter be permitted to vote; provided, he meets the requirements of paragraphs 2 and 3 of this Section. Registrars shall prepare roster. PAR. 6. Any person to whom the right of registration is denied by the registrars upon the ground that

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he lacks the qualifications set forth in the five sub-divisions of paragraph 4, shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said sub-divisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of the Superior Court to be tried as other appeals. Appeal from refusal to register. PAR. 7. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force. Pending appeal. PAR. 8. No person shall be allowed to participate in a primary of any political party or a convention of any political party in this State who is not a qualified voter. Voter not registered cannot vote in primary. PAR. 9. The machinery provided by law for the registration, of force October 1st, 1908, shall be used to carry out the provisions of this Section, except where inconsistent with same; the legislature may change or amend the registration laws from time to time, but no such change or amendment shall operate to defeat any of the provisions of this Section. Legislature may amend. SEC. 2. Be it further enacted, that whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election. Amendment to be published. SEC. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided in the

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second Section of this Act in the several election districts of this State, at which election every preson shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the propesed amendment to the Constitution shall have written or printed on their ballots he words, For amendment of Constitution, providing qualifications of voters, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against amendment of Constitution providing qualifications of voters. Amendment to be voted upon, when. SEC. 4. Be it further enacted, That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people, as required by the Constitution of this State in Paragraph 1 of Section 1, of Article 13, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred, in the manner as in cases of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Amendment, how submitted to voters. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 1, 1908. REPRESENTATIVES FROM BEN HILL COUNTY No. 366. An Act to amend Section 3, of Article 3, of the Constitution of this State, which provides for the number of members of the House of Representatives, by striking out Paragraph 1 of said Section of said Article, as

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amended by an Act approved July 27, 1908, and substituting in lieu thereof a paragraph allowing an increase in the number of members of said House and naming the counties now entitled to more than one representative, thus giving representation to Ben Hill county. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Paragraph 1, of Section 3, Article 3, of the Constitution of Georgia, as amended by an Act approved July 27, 1904, is hereby amended by striking 183 Representatives, in the said paragraph of the Constitution as amended, and substituting 184 Representatives: 184 Representatives. PARAGRAPH 1. The House of Representatives shall consist of not more than 184 Representatives, apportioned among the several counties, as follows, to-wit: To the six counties having the largest population, viz, Chatham, Bibb, Floyd, Fulton, Richmond and Thomas; three representatives each to the twenty-six counties having the next largest population, viz., Bartow, Bullock, Burke, Cobb, Carroll, Coweta, DeKalb, Decatur, Dooly, Elbert, Emanuel, Gwinnett, Hall, Houston, Jackson, Laurens, Lowndes, Meriwether, Monroe, Muscogee, Sumter, Tatnall, Troup, Walton, Washington and Wilkes, two (2) Representatives each, and to the remaining counties, one Representative each. Apportionment of Representatives. SEC. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds of the members elected to each House, it shall be entered upon the Journal of each House with the yeas and nays thereon and published in one or more newspapers in each Congressional District in said State for two (2) months previous to the time for holding the next general election, and shall, at said next general election be submitted to the people for ratification in the following form, to-wit: For Ratification, or Against Ratification; and if a majority of the electors qualified to vote for members of the General

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Assembly, voting thereon, shall vote for ratification, having written or printed on their ballots For Ratification, which votes cast at said election shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result of said election by publication of results of said election in one or more newspapers in each Congressional District of the State. How submitted. Approved Aug. 6, 1908. TAXING POWERS OF COUNTIES. No. 458. An Act to amend Section 6, of Article 7, of the Constitution. The following amendment to the Constitution of the State of Georgia is hereby proposed by the House of Representatives of the General Assembly of said State: That Article seven (7), Section six (6), of the Constitution of said State be amended as follows, to-wit: By adding to paragraph two (2), of said Section and Article, the following words, to-wit: To pay the county police, and to provide for necessary sanitation. County police. That when the above and foregoing amendment has been agreed to by two-thirds of the members of each House of the present General Assembly, it shall be the duty of the Governor, and he is hereby directed to cause the same to be published in one or more newspapers in each Congressional District in this State, two months before the next general election; and the Governor of this State is further required and directed, after having said amendment so published as aforesaid, to submit the same to the people at said next general election for their ratification or rejection. The form of such submission shall be as follows, to-wit:

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For ratification of amendment to Article 7, Section 6, of the Constitution. Against ratification of amendment to Article 7, Section 6, of the Constitution. Approved Aug. 17, 1908. PENSIONS FOR EX-CONFEDERATE SOLDIERS AND WIDOWS OF EX-CONFEDERATE SOLDIERS. No. 502. An Act to amend Paragraph 1, Section 1, Article 7, of the Constitution of this State, so as to provide for the payment of pensions to ex-Confederate soldiers and the widows of ex-Confederate soldiers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Paragraph 1, Section 1, Article 7, of the Constitution of this State be, and the same is hereby amended, by adding at the end of said paragraph the following: To make provision for the payment of pensions to any ex-Confederate soldier, now resident of this State, who enlisted in the military service of this State, or who enlisted in the military service of the Confederate States, during the civil war between the States of the United States, and who performed actual military service in the armies of the Confederate States, or the organized militia of this State, and was honorably discharged therefrom; and to widows, now residents of this State, of ex-Confederate soldiers who enlisted in the military service of this State, or who enlisted in the military service of the Confederate States, and who performed actual service in the armies of the Confederate State, or of the organized militia of this State, who died in said military service, or was honorably discharged

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therefrom. Provided, that no person shall be entitled to the provisions of this constitutional amendment the total value of whose property, of every description, including money and choses in action, shall exceed fifteen hundred dollars, and provided further, that only those widows who were married to such soldier or ex-soldier previous to the year 1870 shall be entitled to the provisions of this Constitutional amendment. No widow of a soldier killed during the war shall be deprived of her pension by reason of having subsequently married another veteran who is dead, unless she receives a pension on account of being the widow of such second husband. Pensions for ex-Confederate soldiers and widows of ex-Confederate soldiers. SEC. 2. Be it further enacted, That if this Constitutional amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their Journals with the yeas and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for two months immediately preceding the next general election, and the same shall be submitted to the people at the next general election, and the voters thereat shall have written or printed on their tickets, For ratification of amendment of Article 7, Section 1, Paragraph 1, of the Constitution of this State (for payment of pensions to ex-Confederate soldiers and widows of ex-Confederate soldiers), or Against ratification of amendment of Article 7, Section 1, Paragraph 1, of the Constitution of this State (against payment of pensions to ex-Confederate soldiers and widows of ex-Confederate soldiers), as they may choose; and if a majority of the electors qualified to vote for members of the next General Assembly, voting, shall vote in favor of ratification, then said amendment shall become a part of Article 7, Section 1, Paragraph 1, of the Constitution of this State, and the Governor shall make proclamation thereof. Amendment, how submitted. SEC. 3. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and the same are, hereby repealed. Note by Compiler: The foregoing proposed amendment to the Constitution originated in the House and was passed by the Senate Aug. 12, 1908. The Legislature adjourned Aug. 12, 1908. The bill proposing said amendment has not been signed or vetoed by the Governor, but the same has been filed in the office of the Secretary of State, endorsed as follows, No action by the Governor. See Constitution of the State, Article 3, Section 7, Paragraph 23, Civil Code Section 5781, and Article 5, Section 1, Paragraphs 16 and 17, Civil Code Sections 5819 and 5820. Also Article 13, Section 1, Paragraph 1, Civil Code Section 5940.

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TITLE IV. CODE AMENDMENTS ACTS Volume 1, Section 982, Three State depositories in Atlanta. Volume 1, Section 982, State depository in Comer. Volume 1, Section 982, State depository in Fayetteville. Volume 1, Section 982, State depository in Ludowici. Volume 1, Section 982, State depository in Senoia. Volume 2, Section 4200, Trials in county courts. Volume 3, Section 492, Carcasses required to be buried. THREE STATE DEPOSITORIES IN ATLANTA. No. 517. An Act to authorize the Governor to appoint a third State Depository in the city of Atlanta, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That whenever the Governor, from the excess in the State depositories heretofore existing in the city of Atlanta, or from the amount of cash on hand in the Treasury, may deem it to the best interests of the State, he is hereby authorized to appoint in said city a solvent chartered bank of good standing and credit as a State Depository, so as to make three State Depositories in said city. The said bank so appointed to be subject to the terms and conditions of Sections 982 to 995, both inclusive,

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of Volume 1 of the Code of 1895, and the Acts amendatory thereof. Atlanta, three State depositories in. SEC. 2. 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. Approved Aug. 17, 1908. STATE DEPOSITORY IN COMER. No 506. An Act to amend Section 982, of Volume 1, of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns, therein named as State Depositories, and the several Acts of the General Assembly amendatory thereof, so as to add the town of Comer, in the county of Madison, Georgia, to the list of such cities and towns, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 982, of Volume 1 of the Code of 1895, providing for the selection by the Governor of banks in certain towns and cities therein named as State Depositories, and the several Acts of the General Assembly amendatory thereof, be and the same are hereby amended so as to add the town of Comer, in the county of Madison, Georgia, to the list of cities and towns. State depository in Comer. SEC. 2. 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. Approved Aug. 17, 1908.

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STATE DEPOSITORY IN FAYETTEVILLE. No. 406. An Act to amend Section 982, of Volume 1, of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the city of Fayetteville, in Fayette county, Georgia, to the lists of such cities and towns. 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 Section 982, of Volume 1, of the Code of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories, and the several Acts amendatory thereof, be, and the same are, hereby amended so as to add the city of Fayetteville, in the county of Fayette, State of Georgia, to the list of such cities and towns. State depository in Fayetteville. SEC. 2. 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. Approved Aug. 14, 1908. STATE DEPOSITORY IN LUDOWICI. No. 397. An Act to amend Section 982, Volume 1, of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the town of Ludowici, in Liberty county, to the list of said cities and towns.

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SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 982, of Volume 1, of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories, and the several Acts of the General Assembly amendatory thereof, be, and the same are, hereby amended so as to add the town of Ludowici, in Liberty county, Georgia, to the list of such cities and towns. State depository Ludowici. SEC. 2. 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. Approved Aug. 14, 1908. STATE DEPOSITORY IN SENOIA. No. 459. An Act to amend Section 982, of Volume 1, of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the city of Senoia, in Coweta county, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 982, of Volume 1, of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts of the General Assembly amendatory thereof, be, and the same are, hereby amended so as to add the city of Senoia, in Coweta county, Georgia, to the list of such cities. State depository in Senoia. SEC. 2. 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. Approved Aug. 17, 1908.

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TRIALS IN COUNTY COURTS. No. 483. An Act to amend Code Section 4200 of Volume 2 of the Code of 1895, which prescribes the mode of trial in County Courts. 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 the above-named Section of the code be and the same is hereby amended by striking out the words without a jury in all civil cases and inserting in lieu thereof, the following wordswith a jury of six to be selected from a panel of twelve, each side being entitled to three strikes when demanded by either party ten days before trial term. Said panel to be the same as provided in criminal cases in said courts,so that said Section when amended shall read as follows: The trial and judgment in said court shall be by the court with a jury of six to be selected from a panel of twelve, each side being entitled to three strikes when demanded by either party ten days before trial term. Said panel to be the same as provided in criminal cases in said courts. County court, trials in. SEC. 2. 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. Approved August 17, 1908. CARCASSES REQUIRED TO BE BURIED. No. 451. An Act to amend Section 492 of the Penal Code of the State of Georgia, by inserting the words or road, street, lane or alley; or shall place any such carcass upon the premises of another without burying it so

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deep as to prevent all stench therefrom, so that said Section when amended shall read as follows: If any person shall place the carcass of a horse, cow, sheep, goat, dog or other animal in any stream or road, street, lane or alley, or shall place any such carcass upon the premises of another without burying it so deep as to prevent all stench therefrom, he shall be guilty of a misdemeanor. 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 Section 492 of the Penal Code of the State of Georgia be, and the same is, hereby amended by inserting in the third line of said Section, after the word stream the words: or road, street, lane or alley, or shall place any such carcass upon the premises of another without burying it so deep as to prevent all stench therefrom, so that said Section when amended shall read: Carcasses, quired to be buried. If any person shall place the carcass of a horse, cow, sheep, goat, dog or other animal in any stream or road, street, lane or alley, or shall place any such carcass upon the premises of another without burying it so deep as to prevent all stench therefrom, he shall be guilty of a misdemeanor. 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. Approved August 17, 1908.

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TITLE V. SUPERIOR COURTS ACTS Special bailiffs, appointment, etc. Glascock superior court, terms of. Gwinnett superior court, proceedings in. Tift superior court, terms of. Tift superior court, terms of. Troup superior court, terms of. SPECIAL BAILIFFS, APPOINTMENT, ETC. No. 542. An Act to authorize the Judges of the Superior Courts in this State to appoint two special bailiffs in counties containing a city of sixty thousand population or more, to define the term of service and duties of said bailiffs, to fix their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That all Judges of the Superior Courts in this State shall have authority to appoint two special bailiffs in any county in their judicial circuit which contains a city of sixty thousand population or more, which bailiffs shall hold their office during the pleasure of the judge appointing them, and who shall discharge such duties in and about the court room, when the court is in session, and about the judge's chambers, as may be now or hereafter

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required by law, or as may be required by the judge so appointing them. Special bailiff in cities of 60,000 or more. SEC. 2. Be it further enacted, That said special bailiffs shall receive as compensation for their services the sum of seventy-five dollars per month, each, and the same shall be paid out of the County treasury upon the order of the commissioners of roads and revenues for said county, or, in the absence of such commissioners, upon the order of the ordinary. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1908. GLASCOCK SUPERIOR COURT, TERMS OF. No. 461. An Act to change the time of holding the Superior Court of Glascock County, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the time of holding Glascock Superior Court shall be changed from the second Mondays in April and October, to the third Mondays in February and August of each year, provided, however, that this Act is not to be construed as changing the time now fixed by law for holding the Superior Court of Glascock County for the remainder of the year 1908, but the first court to be held under this Act to be held on the third Monday in February, 1909. Glascock superior court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all writs, and processes, orders, summons, subpoenas, bail bonds, and all processes and proceedings of all kinds returnable to said court prior to this Act,

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and which may remain undisposed of at the October term, 1908 of the Superior Court of Glascock County, shall be held and considered as returnable to the terms as herein fixed and prescribed. Writs, processes, etc. SEC. 3. 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. Approved August 17, 1908. GWINNETT SUPERIOR COURT, PROCEEDINGS IN. No. 387. An Act to amend an Act of the General Assembly of Georgia, approved August 13, 1907, entitled an Act to provide for holding four terms a year of the Superior Court of Gwinnett County; to prescribe the time for holding the same, and for other purposes so as to provide that there shall be no traverse jury at the June term of said court except in certain contingencies, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That Section 3 of Act of the General Assembly of Georgia approved August 13, 1907, and found on page 68 of the published laws of 1907, be and the same is hereby amended by adding the following words to the end of said Section, towit: and provided further, that there shall be no traverse jury drawn for service for the June terms of said court; provided, that the presiding judge, of said court in which there is an issue of fact unless in the discretion of the presiding judge of said circuit the business of the court should require it, or there are other exigencies in the opinion of said judge that demand it, so that when said Section is so amended it will read as follows: Gwinnett superior court, no traverse jury drawn, when.

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SEC. 3. Be it further enacted, That the judge shall only draw a grand jury for the March and September terms of said court; provided, that the presiding judge, in his discretion, may require the attendance of the grand jury at the June and December terms, or either of them, if the business of the court should require it, but the duties of the said grand jury shall not require them to perform any other service at said June and December terms than they shall be by the presiding judge especially charged with; and provided further that there shall be no traverse jury drawn for service for the June term of said court, nor any case tried at said June term of said court in which there is an issue of fact unless in the discretion of the presiding judge of said circuit the business of the court should require it, or there are other exigencies in the opinion of said judge that demand it. Grand jury. 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. Approved August 11, 1908. SUPERIOR COURT, TERMS OF IN TIFT COUNTY. No. 434. An Act to change the time of holding the Superior Court of Tift County. 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 from and after the passage of this Act that the terms of the Superior Courts of Tift County shall be changed in this, to-wit: that the terms of the Superior Courts of Tift County shall be held on the first Mondays in July and December and to continue two (2) weeks if necessary for the transaction of the business of said courts. This Act to take effect immediately upon its passage. Tift superior court, terms of.

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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. Approved August 14, 1908. TIFT SUPERIOR COURT, TERMS OF. No. 449. An Act to change and fix the time of holding the Superior Court of Tift County, in the Southern Judicial circuit, to provide the length of the terms thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the times of holding the Superior Courts of the county of Tift, in the Southern judicial circuit, shall be as follows: The spring term shall begin on the first Monday in July, and the fall term shall begin on the first Monday in December. Tift superior court, when held. SEC. 2. Be it further enacted by authority aforesaid, That the sessions of the Superior Courts of Tift County shall be two weeks at the spring term and two weeks at the fall term, if necessary in the discretion of the judge to dispose of the business of said court. SEC. 3. Be it further enacted, That all petitions, bills, bonds, writs, claims, summonses, mesne and final process and suits or writs of any description issued from, returnable to and pending in said court according to the time of holding same as now fixed by law, shall hold good and relate to the terms of said court as changed, fixed and provided by this Act, and that all persons who may have business in said court at the terms as now fixed by law shall be required to attend the terms of said court as changed and fixed by this Act. Writs, etc., how returnable.

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SEC. 4. 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. Approved August 17, 1908. TROUP SUPERIOR COURT, TERMS OF. No. 395. An Act to change the time of holding the fall and spring terms of Troup Superior Court from the first Monday in November and May each year to the first Monday in August and February each year, and for other purposes. 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 from and after the first day of January, 1909, the time of holding the spring term of Troup Superior Court shall be changed from the first Monday in May to the first Monday in February, and the time of holding the fall term of said Superior Court in said county shall be changed from the first Monday in November to the first Monday in August of each year. Troup superior court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders, summons, subpoenas, bail bonds, and all processes and proceedings of any kind returnable to said court after the first day of January, 1909, shall be held and considered as returnable to the term of court as herein fixed, and all jurors and witnesses sworn or summoned to attend any term of said court as now fixed by law, shall be required to attend the corresponding terms of said court as fixed and provided by this Act. SEC. 3. 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. Approved August 14, 1908.

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TITLE VI. RAILROADS ACTS Locomotive engineers, employment of. Electric headlights for locomotives on main lines. Interfering with movement of locomotives prohibited. Georgia Southwestern Gulf R. R., charter extended. LOCOMOTIVE ENGINEERS, EMPLOYMENT OF. No. 321. An Act to prohibit the employment of inexperienced persons as engineers, to prescribe a minimum of experience; to provide a penalty for a violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That no railway company operating trains in this State shall have employed or allow in charge of one of its locomotives in this State, as a locomotive engineer, (except such engines used in yard service) any person who shall not have had as much as three years actual bona fide experience as a fireman or engineer on a railway locomotive, or who shall not have served an apprenticeship of four years in a regular railroad

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machine shop, and have had in addition thereto one year bona fide experience as a locomotive fireman. Locomotive engineers, experience required. SEC. 2. Be it further enacted, That any railway company violating this Act shall be guilty of a misdemeanor and liable to indictment and punishment in any county in this State in which such inexperienced person shall be allowed to work upon such locomotive. Punishment for violation. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 23, 1908. ELECTRIC HEADLIGHTS FOR LOCOMOTIVES ON MAIN LINES. No. 537. An Act to require all railway companies in the State to equip and maintain each and every locomotive used with sufficient electric headlight, to prescribe a punishment for the failure to so equip and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That all railroad companies are hereby required to equip and maintain each and every locomotive used by such company to run on its main line after dark with a good and sufficient headlight which shall consume not less than three hundred watts at the arc, and with a reflector not less than twenty-three inches in diameter, and to keep the same in good condition. The word main line as used herein means all portions of the railway line not used solely as yards, spurs and sidetracks. Electric headlights on locomotives required. SEC. 2. Be it further enacted, That any railroad company violating this Act in any respect shall be liable to indictment as for a misdemeanor in any county in which

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the locomotive not so equipped and maintained may run, and on conviction shall be punished by fine as prescribed in Section 1039, of the Code of 1895. Punishment for violation. SEC. 3. Be it further enacted, That this Act shall go into effect July 1, 1909. SEC. 4. Provided this Act shall not apply to tram-roads, mill-roads and roads engaged principally in lumber or logging transportation in connection with mills. Exceptions. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1908. INTERFERING WITH MOVEMENT OF LOCOMOTIVES OR TRAINS PROHIBITED. No. 532. An Act to prohibit any unauthorized person from interfering with the running or movement of railroad locomotive engines or trains; and to provide a punishment for any unauthorized interference with such running or movements, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That all persons are prohibited from interfering with the running of any locomotive, engine or train upon the railroads in this State, and if any unauthorized person shall start a locomotive engine, either with or without cars attached thereto, or shall slow down or bring to a stop by a signal, from the inside or out-side of a train or otherwise, any locomotive engine, running with or without cars attached thereto, shall be guilty of a misdemeanor, and punished as prescribed by Section 1039 of the Criminal Code. Locomotives or trains, movement prohibited by whom. Provided; that this Act shall not apply to officers and employees of the railroad, upon which said locomotive engine or locomotive engines are being operated, whose

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duty is connected with the movement of the particular locomotive or locomotives, and, Provided further; that this Act shall not apply to any person who acts in case of an emergency in good faith to prevent an accident, Provided further; that when the schedule of a train requires it to stop at a station on flag, in the absence of the operator it shall not be unlawful for a person bona fide desiring to take passage on such train to flag the same. Flag stations. Provided further; that the provisions of this Act shall not apply to any person who shall do any of the things herein prohibited because of any reasonable necessity. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 17, 1908. GEORGIA, SOUTHWESTERN GULF RAILROAD, EXTENSION OF CHARTER. No. 328. An Act to extend the time within which work shall be commenced on the Georgia, Southwestern Gulf Railroad, and to keep the charter for said railroad, and all amendments thereto, in full force and effect during said extension, and extending to said railroad company for and during the period of two years from this Act all the rights and privileges originally granted in the charter to said railroad, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That whereas on the 24th day of July, 1906, a charter was granted to the Georgia, Southwestern Gulf Railroad Company for the purpose of constructing, equipping, maintaining and operating a railroad

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from Dawson, Georgia, and Albany, Georgia, in a Southwesterly direction through Terrell, Calhoun, Dougherty, Baker, Miller and Decatur Counties, Georgia, and Jackson, Calhoun and Washington Counties, Florida, to some point on the Gulf of Mexico, said charter being granted by the Hon. Philip Cook, Secretary of State, and having been amended on the 28th day of May, 1908, and the amount of construction of said road required by law to keep the charter in effect not having been completed; That the time allowed to said Georgia, Southwestern Gulf Railroad Company be, and it is hereby, extended for and to the 24th day of July, 1910, and that during said extension the authority is hereby granted to said railroad company to commence and complete its operation, and all the powers and authority granted to said railroad company by virtue of its said charter shall remain of full force and effect, just as if said charter had been granted on the 24th day of July, 1908. Georgia, Southwestern Gulf R. R., charter extension. SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 23, 1908.

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TITLE VII. MISCELLANEOUS ACTS Primary elections, regulations for. Registration of voters. Candidates, publication of campaign expenses. Corporation contributions to campaign funds prohibited. Commissioner of Pensions, election of. Railroad Commission, powers of. Entomologist, salary of. Pensions to Confederate soldiers, how paid. Validation of certain bonds of counties and municipalities. Municipality prisons, establishment and control. Water powers, development of. Western Atlantic R. R., terminals for, in Chattanooga. Inspection of foods and drugs. Interest rate greater than 5 per cent per month prohibited. Depositions in civil cases, without commission. Foreign wills, muniments of title. Certified Public AccountantsBoard of Examiners. Board of Veterinary Examiners created. Legal advertisements in certain counties. Georgia volunteers, organization. Electric telegraph companies, duties of. Deeds, mortgages, etc., re-recorded in counties where land lies. County lines, how defined. Road work and commutation tax in certain counties. Game and fish, protection of. Fish, protection of against drift nets. Tuberculosis, sanitarium for patients. Confederate Soldiers' Home, sale of part of property. University of Georgia, use of its land in Thomasville. Chairman Board of Trustees of College of Agriculture.

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PRIMARY ELECTIONS, REGULATIONS FOR. No. 521. An Act to provide additional regulations for primary elections by any political party in this State to nominate candidates for Governor and State House officers, members of Congress, United States Senators, Judges of the Superior Courts and Court of Appeals and Justices of the Supreme Court, and members of the General Assembly; to provide when they shall be held, to prescribe where the voters at the same shall vote and the qualifications of managers thereat and of all persons taking part in the management, or conduct thereof; to prescribe the duties of managers thereof and of the clerks of the Superior Court and others with reference thereto and to provide penalties for any violation of such duties and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act whenever any political party in this State shall hold primary elections for nomination of candidates for office, such party or its authorities shall cause all candidates for nomination for Governor, State House officers, members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court and Court of Appeals, Solicitors-General and members of the General Assembly to be voted for on one and the same day throughout the State at such date as may be fixed by the State Executive Committee of such party, except where a second primary has been called by the authorities of said party for any particular office on some subsequent day through failure to make, for any cause, a valid nomination at the first primary, or in consequence of a contest: provided, that said executive committee shall not fix the date for the said general

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primary earlier than 60 days before the date of the general State election in October: provided, further, That this section shall not have the effect to require a primary for judges and solicitors except in their respective circuits, or for members of the General Assembly except in their respective counties, or for Senators except in their counties as the authorities of said party may authorize or direct. Primary elections, how and when held. SEC. 2. Be it further enacted, That no elector shall vote in any such primary election in a militia district other than the one in which he resides, or, if he resides in a city, in a ward other than the one in which he resides, if an election precinct be located in such ward. Elector votes where. SEC. 3. Be it further enacted, That no person shall act as manager, clerk or assistant or in any way take part in receiving, counting or consolidating the votes or results in any such primary election who has not first taken the oath prescribed by law for managers of primary elections, and no manager of any primary election shall permit any person to act as assistant or clerk or in any way take part in the receiving, counting or consolidating the votes or results in any such primary election who has not first taken the oath now prescribed by law for the managers of primary elections. Managers, clerks, etc., shall take oath. SEC. 4. Be it further enacted, That no manager of any such primary election shall receive the ballot of any elector until he has first ascertained that the name of such elector does appear upon the registration list furnished for such election by the registrars, or filed by them in the office of the clerk of the superior court of the county in which the primary election is held, and upon the receipt of such ballot the name of the elector voting shall be checked or marked on said list. Elector's name must appear on registration list. SEC. 5. Be it further enacted, That the returns of the managers with the tally sheets, lists of voters and ballots, together with all papers connected with said election

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shall be filed in the office of the clerk of the Superior Court of the county in which said election is held, within four days after the final declaration of the result thereof. One of the lists of the voters and one of the registration lists with names of those checked, or marked as voters shall be exhibited by said clerk to any one desiring to inspect same, but the other documents deposited as aforesaid shall be kept unopened and under seal, until the next meeting of the Grand Jury, to which, the Grand Jury, one registration list, one list of voters and the checked registration list above mentioned shall be exhibited, and if no action is taken thereon by the Grand Jury and no contest has been filed within the time prescribed by the authorities of said party, then all of said election papers shall be destroyed. Voters lists, etc. SEC. 6. Be it further enacted, That the person or persons authorized by the rules of the party organization or association to hold such primary election, shall provide an official ballot whereon shall be printed all the names of the candidates for the various offices hereinbefore named; and the said party authorities shall in all matters not provided for in this Act or by statute, formulate rules and regulations for holding said primary election, and for making returns thereof to the proper party authorities. Official ballot. SEC. 7. Be it further enacted, That any manager of said primary or clerk of a superior court, violating the provisions of this Act prescribing the duties of such manager or clerk shall be deemed guilty of a misdemeanor and on conviction shall be punished as prescribed in Section 1039 of the Penal Code. Punishment for violation. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 15, 1908.

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REGISTRATION OF VOTERS. No. 446. An Act to provide additional regulations for the registration of voters in this State; to prescribe the duties of the Tax Collector and his clerks, and of county registrars, and managers of elections and primary elections with reference thereto, and to prescribe penalties for violation of said duties and for other purposes. 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 from and after the passage of this Act it shall be the duty of the tax-collector collecting the taxes in each county in this State to open his book or books, designated as voters' books, at the time when he begins the collection of taxes for each year, and he shall in each year in which there is a general election to be held for Governor and members of the General Assembly, close said voters' books for said election six months before the date of said general election, and no one shall be allowed to register for said election unless he shall have paid all taxes due by him at least six months before the date of said general election. Registration of voters. SEC. 2. Be it further enacted, That the Tax Collector or his clerk shall in no instance permit a person to sign the voters' books or any separate printed oath unless such person shall have actually made the oath before him thereon contained, and a violation of this Section by either the Tax Collector or his clerk shall constitute a misdemeanor and be punished as provided in Section 1039 of the Code of 1895, Volume 3. SEC. 3. Be it further enacted, That within ten days after closing the voters' books, as provided in the foregoing Section 1, said Tax Collector shall file with the county registrars an accurate and complete list of all the

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names signed in said voters' book or books between the time when he began collecting taxes, and the closing of said voters books, arranged in alphabetical order, and by militia districts, and city wards, and with such other information with reference thereto as is now required by law in Section 47, Vol. 1, of the Code of this State. Voters' books. SEC. 4. Be it further enacted, That the Tax Collector, the ordinary and the clerk of the Superior Court of each county shall before the 20th day of April of each year prepare and file with the county registrars a complete list, alphabetically arranged, of all persons living in the county on April 10th of that year who appear to be disqualified from voting, and shall, except as to time of preparing and filing said list, comply with Sections 48 and 49 of Volume 1, of the Code of this State in preparing said list. Disqualified voters, list made of. SEC. 5. Be it further enacted, That the registrars of each county in Georgia shall in each year in which a general election is to be held for Governor and members of the General Assembly, meet on the 20th of April, or the Monday thereafter, if the 20th of April falls on Sunday, and begin the work of perfecting a true and correct list of the qualified voters of their county. The list furnished by the Tax Collector shall be prima facie evidence of the right of the person whose name appears thereon to register; in any case where the registrars question the right of a party whose name is furnished by the Tax Collector, to register, such person shall be notified of that fact and be given an opportunity to appear before the registrars as now provided by law in Section 58 of Volume 1 of the Code of this State. The registrars shall proceed with their work and complete the same not later than June 1st. In any county in which, in the opinion of the judge of the Superior Court, one board of registrars can not complete the work by June 1st, the judge of the Superior Court in his discretion can appoint one or more assistant boards of registrars with

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like duties and responsibilities, and the work shall be divided as the regular board may direct. Registrars meet, when; duties of. SEC. 6. Be it further enacted, That the list from the voters books furnished by the Tax Collector to the registrars, shall be open to public inspection, and any citizen of the county shall be allowed to contest the right of registration of any person whose name appears upon the voters' list, and upon filing a contest as to the qualifications of the voter the registrars shall notify said voter and shall pass upon said contest. Each challenge shall specify the grounds of the challenge, and when notice is given the voter by the registrars, a copy of such challenge shall be furnished the challenged voter at least one day before passing upon the same. Voters' book open to inspection. SEC. 7. Be it further enacted, That within five days after completing the list of voters as provided in this Act the registrars shall file with the clerk of the Superior Court of their county a complete list of the registered voters of the county as prepared and determined by them. Said list shall be alphabetically arranged by militia districts, and in case a city is located in the county, by wards of the city, and said list shall be the list of registered voters for the general election to be held in said year for the Governor and other State officers and members of the General Assembly, and no person shall vote or be allowed to vote at said general election, or at any party primary to nominate candidates for the offices to be filled at said general election unless his name is upon the said registration list so filed by said registrars, and no person whose name is not on said list shall vote or be allowed to vote at any other election or primary except as hereafter provided in this Act. Registered voters, list to be filed. SEC. 8. Be it further enacted, That each person whose name is upon the registration list for the general election provided for in the foregoing section shall be entitled to vote at the general State election for said year and all primaries to nominate candidates for offices

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to be filled at said general State election and also at the Federal election in November of said year, and the election for Justices of the Peace and Constables to be held in said year, and at all primaries for the nomination of candidates for the offices to be filled at said elections, and also at all primaries for nomination for county offices, and all other primaries and elections to be held for any purpose during said year after the filing of said registration list or during the succeeding year, provided that such person is not otherwise disqualified from voting at any election or primary held during such succeeding year, and provided that no person shall be qualified to vote at any election unless he shall have paid all taxes due at least six months before the same. Except when said election is held within six months from the expiration of the time fixed by law for the payment of said taxes. Persons entitled to vote. SEC. 9. Be it further enacted that if any person whose name is not on said registration list, and who has not previously paid all taxes due by him, desires to vote at the Federal election in November of the said year or at any other elections or primary subsequent to the general State election whether in the said year or the succeeding year, he shall, upon paying all taxes due by him, at least six months before the election at which he desires to vote, if otherwise qualified, have the right to take the oath and subscribe the same in the voters' book. And the Tax Collector shall six months before every such election other than the general State election close his voters' books for said election and within five days file with the registrars a list of all names signed in the voters' books who have so qualified themselves to vote for such election in the same manner and with the same information as now required by law in filing lists of persons registering as voters and the registrars shall within twenty days thereafter pass upon the same as provided in regard to the list originally furnished and shall within said twenty days file with the clerk of the Superior Court

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a supplemental registration list showing the names of additional voters who are entitled to vote at such election subsequent to the general State election, and any person whose name appears upon said list may vote at such election and at any primary to nominate candidates for officers to be filled at such election, provided that the registrars shall pinge said list before filing it of the names of all persons who will not be qualified at such election, in the same manner as provided for preparing and pinging the registration list for the general State election. And all voters on said list shall have the same rights as to elections subsequent to such election as persons on the list for the general election. Provided that if any special election be held, during the year succeeding the year of the general election, within six months from the expiration of the time fixed by law for the payment of taxes, the provisions of the Act of 1897, on page 95 shall be followed as to registration and voting. Supplemental registration list. SEC. 10. Be it further enacted, That if any person shall change his residence from one militia district to another or from one county to another between the time of paying his taxes and signing the oath in the voters' book and the time of any election in the district or county into which he removes be placed upon the list of registered voters for the district or county into which he has so removed for said election at which he would be qualified to vote, he shall have the right upon application to the registrars and satisfactory proof before them that he will be qualified to vote at said election, with the same rights as others registered for said election. Voter changing residence. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1908.

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CANDIDATES, PUBLICATION OF CAMPAIGN EXPENSES. No. 436. An Act to require certain candidates in any election or primary election for public office or for nomination to public office in this State to publish in detail in certain newspapers, and to file with certain named officials, an itemized statement under oath of the campaign expenses incurred by them, the amount of money used in such campaign, the purposes for which it was used and the source from whence it was derived, and to provide penalties for the violation of the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all candidates for Governor, State House Officers, Judges of the Appellate and Justices of the Supreme Courts and for United States Senators, shall within twenty days from the date of holding the election or primary election at which they shall be candidates, file with the Comptroller General of the State an itemized statement under oath, of all campaign expenses incurred by them, showing the amount of money expended in such campaign, the purposes for which it was used and the source from whence it was derived, and shall in addition at the same time publish said sworn statement in some newspaper of general circulation published at the Capital of said State; likewise all candidates for Congress or for the State Senate shall within said twenty days after the holding of said election or primary election at which they shall be candidates, file with the Clerk of the Superior Court of each of the several counties composing said Congressional and Senatorial Districts, respectively, an itemized statement under oath of all campaign expenses incurred

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by them, showing the amount of money expended in such campaign, the purposes for which it was used and the source from which it was derived, and shall in addition at the same time publish in some one or more newspapers having a general circulation in such District or Districts, said sworn statement; likewise all candidates for Judge of the Superior Courts and Solicitors General, and members of the General Assembly and all county officers, including county and city judges and solicitors elected by the people, shall, within twenty days from the date of holding said election or primary election, in the cases of judges and Solicitors General, file with the Clerk of the Superior Courts of each of the counties of the circuit a similar statement under oath as that required of the above named candidates, and shall at the same time publish the same in some newspaper having a general circulation in the circuit; and in the case of the county officers, including city judges and solicitors elected by the people, file with the Clerk of the Superior Court of such county a similar statement under oath, but the said county officers, including city judges and solicitors elected by the people, shall not be required to publish in any paper the said expenses. Campaign expenses, publication of. SEC. 2. No person violating the provisions of this Act shall be declared the nominee of his party. SEC. 3. Be it further enacted, That any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1039 of the Penal Code. Punishment for violation. SEC. 4. Be it further enacted, That the Judges of the Superior Courts of this State at the first session thereof held after such election or primary election, shall give the provisions of this Act in special charge to the grand juries of the several counties of this State. Grand juries, special charge to. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 15, 1908.

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CORPORATION CONTRIBUTIONS TO CAMPAIGN FUNDS PROHIBITED. No. 435. An Act to prohibit contributions by corporations or their officers or agents to campaign funds, or for any political purpose, or for the purpose of influencing the vote, judgment or action of any official of this State. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be illegal for any corporation, incorporated under the laws of this State, or doing business therein, or any officer or agent thereof, from corporate funds, to make or authorize any contributions directly or indirectly to campaign funds or for political purposes, in any election or primary election held in this State, or for the purpose of influencing the vote, judgment or action of any officer of this State, legislative, executive or judicial. Corporations prohibited from contributing to campaign funds. SEC. 2. Be it further enacted, That any corporation or officer thereof, or any person who shall violate the provisions of this Act shall be deemed guilty of a crime, and, on conviction, shall be punished by a fine in the sum of ten times the amount of the contribution made, but in no event shall said fine be less than one thousand dollars, and in addition the officer or officers making or authorizing said contribution or in anywise connected therewith, shall be punished by imprisonment in the penitentiary for not less than one year nor more than four years, unless the jury trying the case shall recommend him to the mercy of the court, in which event, he shall pay the aforesaid fine prescribed, or in default be subjected to the alternative punishments prescribed in Section 1039 of the Criminal Code of the State. Punishment for violation. SEC. 3. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. COMMISSIONER OF PENSIONS, ELECTION OF. No. 447. An Act to provide for the election of the Commissioner of Pensions of this State by the people, and for other purposes. 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 from and after the passage of this Act the Commissioner of Pensions of the State of Georgia shall be elected by the electors of the whole State, who are entitled to vote for members of the General Assembly. Pension Commissioner elected by people. SEC. 2. Be it further enacted by the authority aforesaid, That the successor of the present incumbent shall be elected at the first general election preceding the expiration of his present term, and for a term of two years, and until his successor is elected and qualified. Election, when held. SEC. 3. Be it further enacted by the authority aforesaid, That said election shall be held under the same rules and regulations as now apply to the election of Governor, State House officers, and members of the General Assembly, and at the same time; and all subsequent terms of said office (except the first shall begin and end in the same way and at the same time with the Governor and all State House officers so elected. Election, how held; terms of office. SEC. 4. Be it further enacted by the authority aforesaid, That said Commissioner of Pensions elected as provided in this Act shall receive from the State an annual salary of three thousand dollars ($3,000.00), as is now provided by law. Salary.

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SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in said office, causing an authority of the same, That an Act, approved August 23, appointment, and the person so appointed shall hold said office for the balance of the unexpired term, and until his successor is elected and qualified. Vacancy, how filled. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 14, 1908. RAILROAD COMMISSIONER, POWERS OF. No. 420. An Act to amend An Act to increase the membership of the Railroad Commission of Georgia, and to prescribe the qualifications for membership, etc., approved August 13, 1907. 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 an Act, approved August 23, 1907, entitled An Act to increase the membership of the Railroad Commission of the State of Georgia, and to prescribe the qualifications for membership, etc., be, and the same is, hereby amended by adding after the word other in the nineteenth line of Section 7 of said Act the following: Or entering the same incorporated town or city within this State, so that said Section as amended shall read as follows: Be it further enacted, That the Railroad Commission shall have authority to ascertain the cost of construction and the present value of properties in Georgia owned by said corporations, or companies, and to that end, may employ necessary experts. Said Commission shall have authority to prescribe rules with reference to spur tracks and side-tracks,

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with reference to their use and construction, removal or change, with full power to compel service to be furnished to manufacturing plants, warehouses and similar plants of business along the line of railroads where practicable, and in the judgment of the Commission the business is sufficient to justify, and on such terms and conditions as the Commission may prescribe. It shall have power and authority to order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public or any community. It shall have power and authority, when in its judgment practicable and to the interest of the public, to order and compel the making and operation of physical connection between lines of railroads crossing or intersecting each other, or entering the same incorporated town or city within this State. It shall have authority to fix penalties for neglect on the part of railroad companies to adjust overcharges and losses or failures to decline to do so, if deemed unjust, in a reasonable time. It shall have power and authority to prescribe rules and penalties covering and requiring the prompt receipt, carriage, and delivery of freight, the prompt furnishing of cars to shippers desiring to ship freight, and shall also be authorized to prescribe rules and penalties for the transfer of cars through yards by connecting roads. Said Commission shall have power and authority to order the erection of depots and stations where it deems the same necessary, and to order the appointment and service threat of depot or station agents. The Commission shall have the power and authority to regulate schedules and compel connections at junction points of competing lines. Railroad Commission, powers of. Experts employed. Spur tracks. Regulation of passenger service. Connections may be required. Overcharges, etc., adjusted. Freight, carriage of, etc., regulated. Depots. Schedules. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, or any provision thereof, be, and the same are, hereby repealed. Approved August 17, 1908.

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ENTOMOLOGIST, SALARY OF. No. 401. An Act to increase the salary of the State Entomologist. Whereas, At the establishment of the State Board of Entomology by an Act of the General Assembly, General Laws of Georgia, 1896-7-8, page 270, the salary of the State Entomologist was fixed at fifteen hundred dollars per annum, and Whereas, At that time the salary may have been sufficient, considering the duties of the office then imposed upon this officer, but which have now been greatly increased by the great extension of the horticultural and agricultural interests of the State, and further by the awakening of the people of the State to the necessity of the work, and Entomologist, salary of, increased. Whereas, The demand for Entomologists in other States has become so great, while the salaries offered are much in excess of that now offered by Georgia for the State Entomologist; therefore, Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act the salary of the State Entomologist of Georgia be, and the same is, hereby fixed at the sum of two thousand dollars per annum. SEC. 2. 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. Approved August 14, 1908.

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PENSIONS TO CONFEDERATE SOLDIERS, HOW PAID. No. 572. An Act to provide how and in what way pensions due to the Confederate soldiers by the State under existing laws, shall be paid; and for other purposes. 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 from and after the passage of this Act, the pensions as provided by law to be paid to the Confederate soldiers and the widows thereof, shall hereafter be paid annually, in one sum, between January 1st and May 1st, beginning with the year 1909. Pensions, annual payment of. SEC. 2. Be it further enacted by the authority aforesaid, That it shall become the duty of the several Ordinaries of the State to make and certify, from each of the pension rolls the list of all the names on each of said rolls, and in life at the time of the certifying, which shall be made and sent out to the Commissioner of Pensions on or before December 20th, of each year, beginning with the year 1908. Said Ordinary shall make another list of those who have died since last payment, and when they died, or when stricken from the roll, giving date of death and the roll on which they drew, or when they were stricken therefrom, and the cause, as well as the names of all transfers made, from the rolls, to which county transferred, and when. Ordinaries to furnish lists to Commissioner, of living, of dead. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Pensions to furnish the Ordinaries with blank vouchers and forms for making said list of pensioners, and when said Ordinaries have made and filed said list or vouchers of each as provided by Section 2 of this Act, to check said list out with the roll in his office, and when all are accounted for, to issue one warrant to be signed by the

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Governor and countersigned by the Commissioner of Pensions, for the consolidated sum of all the rolls payable to the Ordinary of the county. Fund paid to ordinaries in lump sum. SEC. 4. Be it further enacted by the authority aforesaid That it shall be the duty of the State Treasurer, when said warrant as provided for as aforesaid, is presented, to issue his check for the sum stated therein, payable to the Ordinary of the county, which check shall be delivered to the Commissioner of Pensions to be forwarded to the Ordinary of the county in whose favor it is drawn. Mode of forwarding funds. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the Ordinary to deposit this check with his local bank, if one, in the name of the Ordinary of county; provided, said bank will cash his checks drawn on the fund for pensioners without charge. If no such bank, then to collect the money on the check and to pay the money to the pensioners without charge, taking from the pensioners duplicate receipts, keeping one himself and sending one to the Commissioner of Pensions. Mode of payment. SEC. 6. Be it further enacted by the authority aforesaid, That if any of the persons connected with the payment of pensions shall in any way, at any time, use or divert any part of said money for any purpose other than to pay the same properly to the pensioner or the persons entitled thereto for him or her, shall be guilty of the offense of embezzlement and punished accordingly, when found guilty. Illegal use or diversion of fund, how punished. SEC. 7. 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. Approved August 18, 1908.

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VALIDATION OF CERTAIN BONDS OF COUNTIES AND MUNICIPALITIES. No. 314. An Act to provide for confirming and validating all bonds issued by Counties or Municipalities since the Constitution of 1877, the validating of which is not provided for by the Act approved December 6th, 1897, providing for validating bonds of Counties and Municipalities, and for confirming and validating future refunding issues of bonds by Counties and Municipalities, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, the holder, or holders, of any outstanding bond, or bonds, of any county or municipality in this State, issued subsequent to the adoption of the Constitution of 1877, and the validating of which is not provided for by the Act approved December 6th, 1897, providing for validating bonds of counties and municipalities, shall have the right to have the same validated in the manner hereinafter provided. Validation of bonds, right of. SEC. 2. Be it further enacted, That the holder or holders, of any bond or bonds, described in the first section of this Act, desiring to have the same validated, shall first enter into an obligation with sufficient security to indemnify the county or municipality issuing the bond, or bonds desired to be validated, against all court costs, and other expenses incident to said validating proceedings, the sufficiency of the surety on such obligation to be approved by the executive officer or officers of such county or municipality. Holder desiring validation must give bond. SEC. 3. Be it further enacted, That the holder or holders of any such bond, or bonds, as are described in the preceding Sections of this Act, having given indemnity

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against cost, as hereinbefore provided, may present to the Solicitor-General of the Circuit in which the county or municipality having issued such bond, or bonds, is located, or to the Attorney-General of the State of Georgia, in the event the Solicitor-General is absent from said Circuit, a petition setting forth a description of the bond, or bonds, sought to be validated, stating the date of issue, rate of interest, number and denomination of all bonds issued, time and place for payment of principal and interest, with a full copy of all resolutions, and other proceedings authorizing the issue of said bonds, and any and all other facts showing the authority of said county or municipality to issue such bonds, and the purpose for which issued. Petition, etc., of holder. SEC. 4. Be it further enacted, That within twenty days from the date on which such petition as is provided in the preceding Section is presented to the Solicitor-General, or to the Attorney-General of the State of Georgia, as the case may be, such officer shall prepare and file in the office of the Clerk of the Superior Court of the county issuing said bonds, or in the county in which the municipality issuing such bonds is located, a petition directed to the Superior Court of said county, in the name of the State of Georgia, and against such county or municipality issuing the bonds sought to be validated, setting forth all the facts stated in the petition presented to him, as provided in the preceding Section, the name of the county or municipality issuing said bonds, the amount of bonds issued, for what purpose issued, a full description of the bonds, and the authority under which they were issued, and the number of outstanding bonds, and shall obtain from the Judge of the Superior Court of said county an order requiring said county or municipality by the proper officer, or officers, to show cause, at such time and place within twenty days from the filing of said petition, as the Judge of said Court may direct, why said bonds described in said petition should not be confirmed and validated; which said petition

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and order shall be served in the manner now provided by law for the service of petitions upon counties or municipalities, and to such petition the officer, or officers, of said county or municipality shall make sworn answer within the time prescribed herein. Solicitors-General or Attorney-General, petition of for validation. SEC. 5. Be it further enacted, that within the time prescribed in said order, or such further time as he may fix, the Judge of said Superior Court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shall be entered to that effect, and any citizen of the State of Georgia, resident in such county or municipality which issued said bonds sought to be validated, may become a party to said proceedings, and any party thereto dissatisfied with the judgment of said Court confirming and validating said bonds, or refusing to confirm and validate said bonds, may except thereto within twenty days from the date of said judgment as in the case of injunctions, and upon the hearing in the Supreme Court, such Bill of Exceptions shall be heard in accordance with the practice regulating the hearing of Bills of Exceptions in criminal cases. Appeal to Supreme Court. SEC. 6. Be it further enacted, That in the event no Bill of Exceptions is filed within the time prescribed herein, or, if filed, judgment is affirmed by the Supreme Court, the judgment of said Superior Court so confirming and validating said bonds shall be forever conclusive upon the validity of said bonds against the said county or municipality, and the validity of said bonds shall never be called in question by any court in this State. Judgment of superior court unexcepted to, or judgment of Supreme Court conclusive. SEC. 7. Be it further enacted, That the provisions of Sections 5 and 6 of the Act approved December 6th. 1897, providing for validating the bonds of counties and municipalities in reference to proof of validation and notice of proceeding to validate, are hereby made applicable

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in all proceedings to validated bonds under this Act. Proof of validation and notice. SEC. 8. Be it further enacted, That all the costs of said proceedings shall be paid by the holder, or holders, requesting the validation of such bonds, and presenting the petition to the Solicitor-General, or the Attorney-General, and in addition to said cost, said holder, or holders, of said bonds shall pay to the Solicitor-General the sum of twenty-five ($25.00) dollars for his entire services in such cause. Costs, etc. SEC. 9. Be it further enacted, That any county or municipality desiring to validate any issue of bonds proposed to be issued for the purpose of refunding or paying off and discharging a prior issue of bonds issued by such county or municipality, between the adoption of the Constitution of 1877, and the passage of said Act approved December 6th, 1897, may have the same validated before issuing in the manner hereinbefore provided, by presenting a petition to the Solicitor-General of the Circuit in which said county or municipality is located, or to the Attorney-General of the State of Georgia, when the Solicitor-General is absent from his Circuit, setting forth a full description of the bonds to be issued, as well as the bonds to be paid off by such refunding issue, with a full copy of the resolution, and all proceedings authorizing the original issue of said bonds sought to be paid off by the refunding issue, also resolutions and proceedings authorizing the refunding issue of bonds. Such petition being presented to the Solicitor-General, or the Attorney-General, as the case may be, it shall be the duty of such officer to bring proceedings for the validation of such issue of refunding bonds in the manner hereinbefore provided, save and except that in such cases the county or municipality seeking the validation of such bonds shall pay all court costs, and the fee of $25.00 to the Solicitor-General. (But no bonds shall be allowed [Illegible Text] hereunder that have been issued for a bonded debt, created since the Constitution of 1877.) Counties and municipalities, may have bonds validated. Costs, etc.

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SEC. 10. Be it further enacted, That all bonds validated under the provisions of this Act shall have the same legal status, so far as being accepted as investments for trust funds, as is by law provided with reference to bonds validated under the Act approved December 6th, 1897. Accepted as investments for trust funds. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1908. MUNICIPAL PRISONS, ESTABLISHMENT AND CONTROL. No. 431. An Act to authorize the municipal authorities of any City in Georgia that may have a population of not less than 54,000 nor more than 75,000 inhabitants, to establish and maintain, either alone or in connection with the county authorities of the county in which such city may be located, a farm or other place of confinement, situated within or without the corporate limits, to which may be sent persons convicted in the police or other municipal courts of such city, those convicted of minor misdemeanors, and juvenile offenders from the State Court in the county where such city is located; to authorize the sending to such farm or other place of confinement, persons convicted in such police, municipal and State courts; to authorize the making of rules and regulations touching such farm, or other place of confinement, and the care, custody and treatment of persons sent thereto; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That authority is hereby given to

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the municipal authorities of any city in Georgia having a population of not less than 54,000 nor more than 75,000 inhabitants, by action of its council or other governing body, to establish and maintain, either alone or in connection with the county authorities of the county in which said city may be located, a farm, or other place of confinement, which may be situated within the corporate limits or anywhere in the limits of the county where such city is located, and to provide that persons convicted in the Police or other Municipal Courts of such city may be sent to such farm, or other place of confinement, to be confined and to labor during their terms of sentence. And the Police or other Municipal Courts of such city as may take advantage of the authority hereby given, are authorized to sentence persons convicted in such Courts to the said farm or other place of confinement and to labor thereat during the terms of their sentences. Municipal prisons. Establishment authorized. SEC. 2. Be it further enacted, That the said municipal authorities are further authorized to make such rules and regulations touching such farm or other place of confinement, to the extent of the control thereof by the said municipal authorities, and the care, custody and treatment of persons sent from the Police or other Municipal Court, as may seem right and proper to the said municipal authorities. Rules and regulations. SEC. 3. Be it further enacted, That the Judges of the State Courts, located in a county where such farm or other place of confinement may be established, are authorized in the sentencing of persons convicted in such State Courts of minor misdemeanors, and in sentencing juvenile offenders, to send them to such farm or other place of confinement to serve their sentences and undergo any labor that may be required threat. The county authorities of such counties where said State Courts are located are authorized and empowered to make rules and regulations touching the care, custody and treatment of persons sent from such State Courts. Minor misdemeanors, Juvenile offenders.

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SEC. 4. Be it further enacted, That the said municipal authorities are empowered, in connection with the proper county authorities to control and regulate the said farm or other place of confinement, and the persons confined thereat, by rules and regulations agreed on by the said municipal authorities and the said county authorities when the said farm or other place of confinement may be established and maintained in conjunction with the county authorities. Municipal and county authorities, make rules, when. SEC. 5. Be it further enacted, That the rules and regulations herein provided for shall be designed, not only to prevent, as far as may be, the burdening of the public by the idleness of persons convicted of offenses, but also to promote the just, kind and humane treatment of such persons. They shall not be allowed to wear stripes or chains, and, as far as practicable, parties sent to such farm or other place of confinement shall be saved the disgrace of the name and treatment usually accorded convicts. Rules, etc., designed for what. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 14, 1908. WATER POWERS, DEVELOPMENT OF. No. 400. An Act to authorize corporations and individuals to construct and maintain dams across non-navigable streams, together with canals and appurtenances, for the development of water power and other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be lawful for all corporations and individuals owning or controlling lands upon opposite sides of any stream in this State which is not a navigable stream, as defined by Section 3059 of the Civil Code of

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1895, to construct and maintain a dam or dams across such stream for the development of water power and other purposes, together with canals and appurtenances thereof. Provided, that this Act shall not be construed to release individuals or corporations constructing such dam or dams and appurtenant works from liability to private property for damages resulting from the construction and operation thereof, either by overflow or otherwise. Dams for water power. 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. Approved Aug. 12, 1908. WESTERN ATLANTIC R. R., TERMINALS FOR, IN CHATTANOOGA. No. 444. An Act to authorize and empower the Governor to ascertain what lands in or near the city of Chattanooga are desirable and available for terminal purposes for the Western Atlantic Railroad, either for switching or delivery purposes, and for what price the same can be purchased, and to procure options thereon for the benefit of the State, if in his discretion advantageous terms can be obtained. SECTION 1. Be it enacted by the General Assembly, That the Governor be, and he is hereby authorized and empowered to ascertain what lands in or near the city of Chattanooga are desirable and available for terminal purposes for the Western and Atlantic Railroad, either for switching or delivery purposes, and for what price the same can be purchased, and to procure options thereon for the benefit of the State, if in his discretion advantageous terms can be obtained. Western Atlantic R. R. terminals. SEC. 2. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 17, 1908. INSPECTION OF FOODS AND DRUGS. No. 518. An Act amendatory of, and to more thoroughly carry into effect the provisions of an Act entitled An Act to prevent the adulteration, misbranding and imitation of foods for man and beast, of beverages, candies and condiments, of medicines, drugs and liquors, or the manufacture and sale thereof in the State of Georgia, prescribing a penalty for the violation thereof, providing for the inspection and analysis of the articles described by the Georgia State Department of Agriculture, charging the State's Solicitors with the enforcement hereof, and providing means therefor, and repealing all laws and parts of laws in conflict therewith, approved August 21st, 1906, by separating the offices of food inspector and drug inspector; by providing that the food and drug inspector already appointed under said Act shall from and after the passage of this Act become food inspector; providing for the appointment of a drug inspector; fixing his compensation; prescribing additional duties, making an appropriation for carrying out the provisions hereof, and for other purposes connected therewith. 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 from and after the passage of this Act, the chief food and drug inspector appointed by the Commissioner of Agriculture under the provisions of an Act approved August 21st, 1906, entitled An Act to prevent the adulteration, misbranding and imitation of foods for man and beast, of beverages, candies, and condiment of medicines, drugs, liquors, or the manufacture and sale thereof in the State of Georgia,

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prescribing a penalty for the violation hereof, providing for the analysis and inspection of the articles described by the Georgia State Department of Agriculture, charging the State's Solicitors with the enforcement hereof, and providing means therefor, and repealing all laws and parts of laws in conflict herewith, and which Act shall hereinafter be referred to as the Food and Drugs Act of Georgia, shall be and become Chief Food Inspector, and shall be chargeable with all the duties and shall exercise all of the powers as prescribed in said Act approved August 21st, 1906, except such as appertain to the adulteration, misbranding and imitation of drugs and medicines. Chief Food Inspector. SEC. 2. Be it further enacted, That upon the first day of August, 1908, the Commissioner of Agriculture shall appoint, upon the recommendation of the Georgia State Board of Pharmacy, a Chief Drug Inspector, and whenever in future a vacancy may occur in this office, the appointee shall be named at the suggestion and upon the recommendation of the State Board of Pharmacy. The salary of the Chief Drug Inspector shall not exceed the sum of fifteen hundred dollars per annum. His whole time shall be at the disposal of the Commissioner of Agriculture, and his duties shall be those already prescribed in the Food and Drugs Act of Georgia, and such other duties as he may be directed by the Commissioner of Agriculture to perform, and specifically the following duty recommended by the State Board of Pharmacy: He shall report to the Commissioner of Agriculture any and all violations of any of the drug laws of the State of Georgia, and particularly any person or persons operating without licenses as required by law. When such report has been made to the Commissioner he shall cite such person or persons to appear before him and the Attorney-General for a hearing, as provided for in Section 2 of the Food and Drugs Act of Georgia. If after such hearing they shall decide that any of the drug laws of Georgia have been violated, the Commissioner of Agriculture shall then certify the facts to the proper

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prosecuting official, as directed in Section 2 of the Food and Drugs Act of Georgia. When such facts have been certified to any State Solicitor, it shall be his duty to prosecute the offenders as provided in said Section of the law, whether the prosecution arise under the provisions of the Food and Drugs Act of Georgia, or under the general drug laws of the State. Chief Drug Inspector. SEC. 3. Be it further enacted, That Section 10 of the Food and Drugs Act of Georgia is hereby amended so as to read as follows: Be it further enacted, That as soon as this Act becomes effective, the Commissioner is authorized to appoint by and with the advice and consent of the State Chemist, a Chief Food Inspector for the State of Georgia, who shall receive a salary not to exceed fifteen hundred dollars ($1,500.00) per annum, and actual expenses while discharging his duty. His whole time shall be at the disposal of the Commissioner of Agriculture, and his duty shall be to travel about the State as directed and take samples of such articles as directed, and forward them to the Department of Agriculture for scientific examination and analysis. The State Chemist may also appoint, by and with the consent of the Commissioner of Agriculture, such assistants and experts in his office as may be required to carry out the provisions of this Act, provided that the number of such assistants and experts and the salaries and compensation to be paid them shall be first submitted to and approved by a board composed of the Governor of Georgia, the Commissioner of Agriculture and the Comptroller-General. The State Chemist and the Commissioner may also make such expenditure for apparatus, chemicals and increased laboratory facilities, as in their judgment may be required, provided that the total expenditures for any one year shall not exceed the sum appropriated in this Act. Chief Food Inspector, appointment of and salary. Assistants and experts. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved Aug. 17, 1908.

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INTEREST RATE GREATER THAN 5 PER CENT PER MONTH PROHIBITED. No. 517. An Act to make it a misdemeanor to charge any rate of interest greater than five per cent per month, either directly or indirectly, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That it shall be a misdemeanor, punishable under Section 1039 of the Penal Code of this State, for any person, company or corporation to reserve, charge or take for any loan or advance of money or forbearance to enforce the collection of any sum of money, any rate of interest greater than five per cent per month, either directly or indirectly, by way of commission for advances, discount, exchange, the purchase of salary or wages, by notarial or other fees, or by any contract, or contrivance, or device whatever; save and except only that regularly licensed pawnbrokers, where personal property is taken in their actual physical possession and stored by them, may charge in addition to said rate of interest, not exceeding twenty-five cents at the time said property is first taken possession of by them for the storage of said property. Interest rate greater than 5 per cent per month prohibited. SEC. 2. Be it further enacted, That this statute shall not be construed as repealing or impairing the usury laws now existing, but as being cumulative thereto. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved Aug. 15, 1908.

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DEPOSITIONS IN CIVIL CASES WITHOUT COMMISSION. No. 568. An Act to provide a method of taking depositions to be used in the trial of civil cases without commission. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That whenever it is legal to examine witnesses on written interrogatories by Commission, the testimony of such witnesses may also be taken without a commission, before a notary public or any officer authorized to issue attachments, if taken within this State, or if taken without this State, before any officer of the State or county when the deposition is taken, authorized by the laws of this State to attest deeds, or take acknowledgments. The officer shall not be of counsel to either of the parties, nor interested in the event of the case. A reasonable notice, not less than ten days, must first be given in writing by the party, or his attorney proposing to take such deposition, to the opposite party or his attorney of record, which notice shall state the name of the witness, and the time and place of the taking of his deposition; and whenever by reason of the absence from the county and want of an attorney of record, or by other reason the giving of the notice herein required shall be impracticable, it shall be lawful to take such depositions as there shall be urgent necessity for taking upon such notice as the Judge of the Court for which the deposition is to be taken shall think reasonable and direct. The witness may be examined and cross-examined as in open court. Any person may be compelled to appear and depose, as provided by this Section, in the same manner as witnesses may be compelled to appear in Court. Depositions in civil cases, without commission. SEC. 2. Every person deposing as provided in the preceding Section shall be sworn to testify the whole truth

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and carefully examined. His testimony shall be reduced to writing by the officer taking the deposition, or by himself in the officer's presence, but the officer may employ a disinterested stenographer to take down and write out the testimony. The testimony after it has been reduced to writing shall be subscribed by the deponent. Stenographer may take down and write out testimony. SEC. 3. Every deposition taken under the two preceding Sections, shall be retained by the officer taking it until he delivers it with his own hands into the Court for which it is taken; or it shall, with a certificate of the reasons for taking it, and of the want of interest of the officer and of the stenographer, if one be employed, and with the notice, if any be given to the adverse party, be sealed up and directed to such Court, and remain under his seal until opened in Court. But if the reasons for taking the deposition cease to exist before the trial, such deposition shall not be used in the case. Depositions, how delivered. Approved Aug. 17, 1908. FOREIGN WILLS, MUNIMENTS OF TITLE. No. 566. An Act to quiet the title to real estate in Georgia held under foreign wills, and to make such wills muniments of title in certain cases, and for other purposes. 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 wills executed in another State and witnessed according to the laws of Georgia, which have been, or shall be hereafter probated in another State, shall constitute muniments of title for the transfer and conveyance of real property in this State to the distributees or devisees mentioned in such wills, and the same shall be admitted in evidence in this State as such muniment of title without being probated in this State, when accompanied by an exemplification of

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the record admitting the will to probate in another State, certified according to the Act of Congress, and when said will is recorded in the office of the Clerk of the Superior Court of the county in which the land is situated in the record where deeds are recorded in this State. Foreign wills. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall apply to all cases where real estate is now or shall be hereafter held or claimed under foreign wills, and to all suits which shall be brought to recover or protect real property in this State; provided, this Act shall not apply to or affect suits or litigations now pending or heretofore pending. Act applies, when. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved Aug. 17, 1908. CERTIFIED PUBLIC ACCOUNTANTSBOARD OF EXAMINERS. No. 471. An Act to establish a board for the examination of accountants; to provide for the granting of certificates to accountants, and to provide a punishment for the violation of this Act. SECTION 1. Be it enacted by the Senate and House of Representatives of the commonwealth of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That any citizen of the United States, residing and having an office for the regular transaction of business in the State of Georgia, being over the age of twenty-one years, and of good moral character, and who shall have received from the Governor of the State of Georgia a certificate of his qualification to practice as a Public Expert Accountant, as hereinafter

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provided, shall be designated and known as a certified Public Accountant, and no other person shall assume such title or use the abbreviation C. P. A., or any other words, letters or figures, to indicate the person using the same as such Certified Public Accountant. Every person holding such certificate, and every co-partnership of accountants, every member of which shall hold such certificate may assume and use the title of Certified Public Accountants or the abbreviation thereof, C. P. A.; provided, that no other person or co-partnership shall use such title or abbreviation, or other words, letters or figures to indicate that the person or co-partnership using the same is such Certified Public Accountant. Certified Public Accountant. SEC. 2. The Governor of the State of Georgia shall appoint a board of three examiners for the examination of persons applying for certification under this Act. Two of said examiners shall be Public Accountants who have been in practice for at least five years, one of whom shall be appointed for the term of two years, and one for the term of three years, and upon the expiration of each of said terms an examiner shall be appointed for the term of three years, and after the year one thousand nine hundred and eight these two examiners shall be Certified Public Accountants. The other examiner shall be a practicing attorney in good standing in any of the Courts of the State of Georgia, who shall be appointed for the term of two years, and upon the expiration of said term a successor shall be appointed for the term of three years. The examination for certificates shall be based upon an examination in theory of accounts, practical accounting, auditing, commercial arithmetic and commercial law. Said examinations shall take place twice a year in the city of Atlanta, during the months of May and November of each year, under such rules and regulations as may be adopted by the Board. The fees provided by this Act shall be twentyfive dollars for each applicant, from which shall be paid the expenses incident to such examination, including stationery,

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clerk hire and traveling expenses of the Examining Board. The results of such examinations shall be certified to the Governor, and filed in the office of Secretary of State, and kept for reference and inspection for a period not less than five years, and the Governor to issue the certificates. Board of Examiners. SEC. 3. The Governor of the State of Georgia may revoke any such certificate for sufficient cause upon the recommendation of the Board of Examiners, who shall give written notice to the holder thereof, and after he has had a hearing thereon. Certificate may be revoked. SEC. 4. The Board of Examiners may in its discretion waive the examination of any person who shall have been for the three years immediately preceding the passage of this Act practicing in the State of Georgia or a sister State as a Public Accountant, and who shall apply in writing for such certificate within three months after the passage of this Act. Examination may be waived, when. SEC. 5. If any person shall hold himself out as having received the certificate provided for in this Act, or shall assume to practice thereunder as a Certified Public Accountant, or use the initials C. P. A., without having received such certificate, or after the same shall have been revoked, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, nor less than two hundred dollars. Punishment for violation of provisions of Act. Approved Aug. 17, 1908. BOARD OF VETERINARY EXAMINERS CREATED. No. 408. An Act to create a State Board of Veterinary Examiners in the State of Georgia, to provide for the appointment of the members of such Board; to prescribe

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the place and time of meeting thereof; to provide for rules governing the application and issuing of license to practice as a veterinarian; to fix fees for such application; to define veterinary medicine and surgery; to provide for compensation and expenses of said Board; to prescribe penalties for the violations of the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the power of the same, That from and after the passage of this Act a State Board of Veterinary Examiners be, and is hereby created, to be appointed by the Governor within thirty days from the passage of this Act, and endorsed by the Georgia State Veterinary Association; whose terms of office shall be as follows: One for one year, one for two years, and one for three years, one for four years, and one for five years, as may be decided by ballot among themselves; and at the expiration of the term of any member, such vacancy shall be filled annually by a similar appointment for five years; and should a vacancy occur from any other cause, the Governor shall fill the same for the unexpired term by appointment. Veterinary Examiners. SEC. 2. Be it further enacted by the authority aforesaid, That this Board shall hold its regular annual meeting on the 22nd day of December of each year at the State Capitol in Atlanta, for the purpose of examining applicants for license to practice veterinary medicine and surgery in the State of Georgia, and shall continue in session until all business has been transacted; provided, if the date mentioned falls on Saturday or Sunday, the Board will meet the following Monday. Upon being commissioned, the members of this Board shall meet at the State Capitol and organize by electing from among themselves a President, Vice-President and Secretary, and shall adopt such rules and regulations for their own government as conditions may require. Special meetings, for the transaction of special or urgent

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business, may also be held at other times and places upon the call of the President and Secretary. President, Vice-President and Secretary. Rules, etc. SEC. 3. Be it further enacted by the authority aforesaid, That every person who desires to practice veterinary medicine or surgery in the State of Georgia must obtain a license to do so from the State Board of Veterinary Examiners, and must apply for same in writing to said Board, and must be examined by said Board as to his knowledge of the following branches of medicine: Comparative anatomy, physiology of domestic animals, veterinary pathology and therapeutics, materia medica and chemistry, surgical technique, veterinary obstetrics and veterinary hygiene, and if upon examination, the applicant be found to possess a sufficient knowledge of such branches, and be of good moral character, the Board shall at once issue to him a license to practice veterinary medicine and surgery; provided, however, that any applicant holding a diploma from a recognized veterinary college, giving not less than a three years' course of instruction in the above named subject, shall be licensed by the Board upon presentation of proof of such graduation. License required to practice veterinary medicine or surgery. SEC. 4. Be it further enacted by the authority aforesaid, That all applications, when filed with the Board, must be accompanied by an examination fee of ten dollars. The funds created by such payments to be used in defraying the expenses of this Board. Any applicant failing to satisfy this Board as to his qualification may, upon application, be re-examined, in not less than six months, upon payment of an additional examination fee. Examination fee. SEC. 5. Be it further enacted by the authority aforesaid, That any person not a graduate of a college legally authorized to confer a degree in veterinary medicine, who has been continually engaged in the practice of veterinary medicine in the State of Georgia for three consecutive years previous to the passage of this Act, as attested by his annual receipts for professional taxes

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as required by the Statutes of the State (to be corroborated, as required by the Board, by affidavit of the tax collector to whom this tax has been paid, or his successor in office) shall be granted by said Board a license to continue such practice upon payment of the regular examination fee; provided, that all such applications shall be presented within six months after the passage of this Act. Who may practice, other than college graduates. SEC. 6. Be it further enacted by the authority aforesaid, That any person shall be regarded as practicing veterinary medicine or surgery within the meaning of this Act, who shall publicly profess to be a veterinarian, veterinary surgeon or veterinary dentist, or who appends to his name any initials or titles implying qualifications to practice the same. But nothing in this Act shall be so construed as to prevent any one who does not claim to be a veterinarian, veterinary surgeon or veterinary dentist from receiving voluntary gratis who may treat, operate upon or prescribe for any physical ailment in or any physical injury to or any deformity of any domestic animal. Who regarded practitioners. SEC. 7. Be it further enacted by the authority aforesaid, That it shall not be lawful for the board of Veterinary Examiners or any member thereof, in any manner whatever or for any purpose, to charge or obligate the State of Georgia for the payment of any money or moneys in connection with this Act, and said Board shall look alone to the revenue derived from the operation of this Act for the compensation designated in Section 4 thereof. Revenue, how obtained. SEC. 8. Be it further enacted by the authority aforesaid, That any person who shall violate, or aid in violating, any of the provisions of this Act, shall be deemed guilty of a misdemeanor. Punishment for violation. SEC. 9. 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. Approved August 14, 1908.

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LEGAL ADVERTISEMENTS IN CERTAIN COUNTIES. No. 448. An Act to regulate the publication of all legal advertisements in all counties of this State having a population according to the census of 1900, of not less than 20,400 and not more than 20,500, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the advertisement of the Sheriff's sales and all other legal advertisements in all counties of this State having a population, according to the census of 1900, of not less than 20,400 and not more than 20,500, in all counties in which there are two or more newspapers published, shall be published in whichever newspaper the Ordinary or Ordinaries of said county or counties may select as the official newspaper for publishing the legal advertisements of said county or counties. Legal advertisements, where published in certain counties. SEC. 2. Be it further enacted, That this Act shall go into effect and become the law of this State on January 1, 1909. When effective. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. GEORGIA VOLUNTEERS, ORGANIZATION. No. 522. An Act to provide for the organization, armament, discipline, regulation, service and maintenance of volunteer military commands, to be known as Georgia Volunteers, which shall not be subject to the Act of Congress entitled An Act to promote the efficiency

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of the militia, and for other purposes, approved January 21, 1903, or any amendment thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Georgia Volunteers shall consist of such regiments, battalions, companies, troops and batteries of infantry, coast artillery, cavalry, and field artillery as may be organized and mustered into the service of this State under and in pursuance of the authorization and order of the Governor. Georgia Volunteers. SEC. 2. Be it further enacted by the authority aforesaid, That any able-bodied white male resident of this State, who has or shall have served actively for five (5) years in the organized militia of this State, as heretofore, now or hereafter organized and designated, or who served to honorable discharge in the United States army, or United States Volunteers in Spanish-American War of 1898, and none others shall be eligible to membership in the Georgia Volunteers either by commission or enlistment. Who are eligible. SEC. 3. Be it further enacted by the authority aforesaid, That the Governor be and he is hereby empowered and directed to prescribe by order the minimum and maximum number of men for such organizations and to promulgate from time to time, such orders and regulations as may be necessary for the proper discipline and government thereof. Governor to regulate and control. SEC. 4. Be it further enacted by the authority aforesaid, That such volunteer organizations may be attached to and form a part of National Guard brigades, regiments and battalions for purposes of administration and service to State, counties and municipalities. May be attached to National Guard Brigades, etc. SEC. 5. Be it further enacted by the authority aforesaid, That such volunteer organizations, except as herein provided, shall be subject to the laws of this State and

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the regulations made in pursuance thereof relating to the National Guard of Georgia, and shall have all the rights and privileges accruing thereunder to the National Guard of Georgia as far as the same may be deemed by the Governor to be applicable; the Governor is authorized, from the military fund appropriated by this State, to defray the expenses incident to any service which he may require of such organization. Subject to laws of State relating to National Guard. SEC. 6. 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. Approved August 17, 1908. ELECTRIC TELEGRAPH COMPANIES, DUTIES OF. No. 472. An Act to prescribe the duty of electric telegraph companies as to receiving and transmitting dispatches and messages; to prescribe penalties for violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that every electric telegraph company, with a line of wires wholly or partly in this State, and engaged in telegraphing for the public, shall during the usual hours receive dispatches or messages, whether from other telegraphic lines or from individuals and on payment or tender of the usual charge according to the regulations of such company shall transmit and deliver the same with impartiality and good faith and with due diligence, under penalty of twenty-five dollars, which penalty may be recovered by suit in a court having jurisdiction thereof,

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by either the sender of the dispatch or message or the first; provided, that nothing herein shall be construed as impairing or in any way modifying the right of any person to recover damages for any breach of contract or duty by any telegraph company, and said penalty and said damages may, if the party so elect, be recovered in the same suit. Telegraph companies, duties, etc. SEC. 2. Be it further enacted, That such companies shall deliver all dispatches or messages to the persons to whom the same are addressed or to their agents, on payment of any charges due for the same, provided such persons or agents reside within one mile of the telegraphic station, or within the city or town in which such station is located. Messages delivered, when. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 17, 1908. DEEDS, MORTGAGES, ETC., RE-RECORDED IN COUNTIES WHERE LAND LIES. No. 478. An Act to authorize the recording of deeds, mortgages and other liens which relate to land which has been included in a county different from that in which the land was situated at the time of the original record, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That any holder of a deed to land, or a mortgage or other lien upon land, which was recorded in the county in which the land was situated at the date of the record, may, where such land is now included in another county, either by the creation of a new county or a change of county lines, have his deed, mortgage

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or other lien re-recorded in the clerk's office of the Superior Court of the county in which the land is now situated. It shall be the duty of the clerk of such Court, upon payment of record fees, to cause such deed, mortgage or other lien to be entered upon the proper records for such papers, and such clerk shall note on the record book where such deed, mortgage or other lien may be recorded the date of the original record of said paper, the book and page or pages upon which the same was recorded. Deeds, etc., re-recorded. Where new counties formed or county lines changed. SEC. 2. Be it further enacted, That the re-record of such deed, mortgage or other lien shall in no wise affect the validity of such original record as notice, and in case the original of such deed, mortgage or other lien is lost, a certified copy thereof from the record where the same was re-recorded may in like manner be re-recorded in the county in which the land affected thereby is now situated. Notice, etc. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved Aug. 17, 1908. COUNTY LINES, HOW DEFINED. No. 474. An Act to provide for the marking out, defining and re-establishing the boundary line between counties of a certain class in this State, to provide for the filing and hearing of protests and exceptions by any such county against any such line so marked out, defined or re-established, and for final decision thereon, to provide for the payment of expenses connected with such marking out, defining or re-establishment of the boundary line, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That hereafter whenever two counties of this State, the population of one of which, by the last preceding census of the United States, exceeds eight thousand seven hundred (8,700) and is less than eight thousand seven hundred and twenty (8,720), and the population of the other of which, by said census, exceeds eleven thousand four hundred and thirty (11,430), and is less than eleven thousand four hundred and fifty (11,450), border upon each other, the Governor shall, any prior marking out or defining of the boundary line to the contrary notwithstanding, appoint some suitable and competent surveyor, who shall not reside in either county, to survey, mark out, define and re-establish the boundary line between said two such counties, and return such survey with plat to the Secretary of State's office; said surveyor shall also furnish the ordinaries or chairmen of the Board of County Commissioners of each of said counties with a copy of said survey and plat, at the same time that he returns the originals to the office of the Secretary of State. County lines, how defined. SEC. 2. Be it further enacted by the authority aforesaid, That the survey with plat made and returned to the Secretary of State's office shall be filed, but not recorded for the space of thirty days from the date of its reception in his office, and the entry of filing made thereon, for the purpose of allowing the authorities of either county dissatisfied therewith to file a protest or exceptions thereto within said time. Plat not recorded for thirty days. SEC. 3. Be it further enacted by the authority aforesaid, That in case such protest or exceptions is filed in said Secretary of State's office within the thirty days aforesaid, said Secretary of State to give ten days' written notice, through the mail to the ordinaries or chairmen of the Board of County Commissioners of the respective counties of the time when he will hear the same at his office, and, upon hearing said contest said Secretary

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of State shall determine from the law and evidence the true boundary line in dispute between the respective counties. Dispute between counties, how settled. SEC. 4. Be it further enacted by the authority aforesaid, That upon such decision being made by the Secretary of State, or in case no protest or exceptions are filed within the thirty days aforesaid, he shall cause the survey and plat as returned, or his determination in regard thereto, as the case may be to be then recorded in a book to be kept for trial purpose, whereupon the same shall be final and conclusive as to said boundary line. Plat, record of. SEC. 5. Be it further enacted by the authority aforesaid, That the surveyor provided for under this Act shall receive as compensation the sum of ten dollars per day while actually engaged in making the survey. He shall be allowed not exceeding five dollars per day for the paying of chain-bearers, flag-bearers and other laborers necessary to clearly mark out and define or re-establish such line, and said compensation and expenses shall be divided equally and chargeable to the counties between which said line is drawn. Surveyor, compensation of. SEC. 6. Be it further enacted by the authority aforesaid, That said surveyor shall, before he proceeds to make the survey, by mail or personally, give the authorities having charge of the revenues of the counties at least ten days' notice of the time and place intended to commence the survey. Notice by surveyor. SEC. 7. 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. Approved Aug. 17, 1908.

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ROAD WORK AND COMMUTATION TAX IN CERTAIN COUNTIES. No. 452. An Act to amend an Act entitled An Act to fix the number of days' work required of each person subject to road duty in counties in this State having an organized chaingang, and having a city of not less than seventeen thousand inhabitants, nor more than twenty-three thousand inhabitants, according to the census of the United States; to fix a commutation tax in lieu of such work, and for other purposes. 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 the above and foregoing entitled Act, which was approved August 12th, 1903, be, and is hereby amended so that in Section 3 thereof the word eighteen shall be substituted for the word twenty-one. Road work and commutation tax. Act Aug. 12, 1903, amended. SEC. 2. Be it enacted further, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved Aug. 17, 1908. GAME AND FISH, PROTECTION OF. No. 439. An Act to amend an Act to revise and consolidate the laws of force in this State for the protection of game and fish; to provide for the appointment of game wardens and deputy game wardens in each county of this State; to define their duties and provide for their compensation, and for other purposes, approved

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August 22nd, 1905, by inserting the word July in the fourth line of said Act, and by striking out from the fourteenth line thereof, the words First day of September, and inserting in lieu thereof, fifteenth day of July, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 22nd, 1905, and appearing in the Acts of 1905, page 112, be, and the same is, hereby amended as follows, to-wit: By inserting the word July in the fourth line of said Act, and by striking out from the fourteenth line thereof the words First day of September, and inserting in lieu thereof, the words Fifteenth day of July. Game and fish law amended. SEC. 2. 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. Approved Aug. 14, 1908. FISH, PROTECTION OF, AGAINST DRIFT NETS. No. 407. An Act to prohibit the catching of shad, or other fish, with drift nets, or to use, for the purpose of catching shad, or other fish, drift nets, in any of the waters of this State; to provide a penalty therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to catch any shad, or other fish, or to use for the purpose of catching shad, or other fish, in any of the waters of this State, any net or nets known as drift nets, between the hours commencing at sundown on Thursday of each week and ending at sunrise on Monday morning of the next week. Fish protected from drift nets, when.

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SEC. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in Section 1039, Volume 3, of the Code of 1895. Punishment for violation. SEC. 3. 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. Approved Aug. 14, 1908. TUBERCULOSIS, SANITARIUM FOR PATIENTS. No. 476. An Act to establish and organize a Sanitarium for the treatment of tuberculosis or consumptive patients; to provide for the management thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there shall be established as one of the State institutions of the State of Georgia, a State Sanitarium, where patients afflicted with tuberculosis or consumption shall be treated. The same to be located, equipped and conducted as hereafter provided. State sanitarium for tuberculosis. SEC. 2. Be it further enacted by the authority aforesaid, That within thirty days from the passage of this Act, the Governor of Georgia shall select two trustees from each Congressional District of the State, one to be a licensed practitioner of medicine, who shall constitute for said Sanitarium a Board of Trustees or Managers, and that said Sanitarium shall be located, equipped, conducted and managed according to the rules and regulations prescribed by said Board of Managers, or a majority of them. Board of Trustees, or Managers. SEC. 3. Be it further enacted by the authority aforesaid,

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That said Board of Managers shall be appointed and shall continue in office for and during the full term of four years, or until their successors are appointed and qualified, and as soon as they are appointed and acceptance of said appointment is signified, they shall meet at the State Capitol at such time as may be designated by the Governor, and shall organize by election a President and Secretary, who shall hold their respective offices at the pleasure of said Board of Trustees and Managers. President and Secretary. SEC. 4. Be it further enacted by the authority aforesaid, That as soon as such organization is perfected and the rules and regulations for the government of said institution shall be formulated and promulgated by said Board of Trustees or Governor, that the said Board shall select a suitable site for the building of said Sanitarium, or they may, in their judgment, purchase a building already constructed. Trustees empowered to select site, or purchase building. SEC. 5. Be it further enacted by the authority aforesaid, That the said Board of Trustees or Managers shall, when said Sanitarium has been built or acquired by purchase, equip the same as a Sanitarium, and shall place in charge thereof, a medical doctor, who shall be selected by said Board of Trustees or Managers; said doctor shall be qualified to take charge of said institution by having had some experience in the treatment of tuberculosis or consumption; and that said Board of Trustees or Managers shall select such assistants, nurses, etc., as the successful conduct of the institution shall require. Doctor, assistants, nurses, etc., how selected. SEC. 6. Be it further enacted by the authority aforesaid, That the Board of Trustees or Managers shall serve without compensation. No compensation for Trustees or Managers. SEC. 7. Be it further enacted by the authority aforesaid, That said Board of Trustees or Managers shall have two departments in said Sanitarium; one for the treatment of indigent patients, who shall be received

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therein, and treated free of charge; the other a pay department, where patients shall be received and treated upon such terms and conditions and for such fees as the Board of Trustees or Managers shall from time to time prescribe. Two departments, one for indigents, other for pay patients. SEC. 8. Be it further enacted by the authority aforesaid, That the sum of twenty-five thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated for the purpose of acquiring a site for said Sanitarium and the necessary and suitable buildings thereon. Appropriation. SEC. 9. Provided that the $25,000 appropriated shall be made available yearly as follows: $1,000 for the year 1908; $12,000 for the year 1909; and $12,000 for the year 1910. Appropriation, how available. SEC. 10. 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. Approved Aug. 17, 1908. CONFEDERATE SOLDIERS' HOMESALE OF PART OF PROPERTY. No. 490. An Act to authorize the Trustees of the property known as the Confederate Soldiers' Home of Georgia to sell and convey a certain strip of land separated from the remainder of said property by the extension of Confederate avenue, and fronting fifty-six feet, more or less, on the road known as Underwood or Delaware avenue, and for other purposes. Whereas, by the extension of the public road known as Confederate avenue across the northern end of the tract of land in Fulton county known as the Confederate

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Soldiers' Home property, a strip of land fronting fifty-six feet, more or less, on the road known as Underwood or Delaware avenue, and thence extending, of varying width, to the eastern boundary of said tract, has been separated from the remainder of said property, and is not in use as a part of the same, therefore, SECTION 1. Be it enacted by the General Assembly, That the trustees of the said Confederate Soldiers' Home property be, and they are, hereby authorized to sell and convey the said strip of land north of Confederate avenue for such sum as they may deem to be a fair price for the same. Sale of portion of Soldiers' Home property authorized. SEC. 2. Be it further enacted, That the said trustees be, and they are, hereby authorized to use in the maintenance, furnishing, or improvement of the said Confederate Soldiers' Home the sum realized from said sale. Proceeds, how used. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 17, 1908. UNIVERSITY OF GEORGIA, USE OF ITS LAND IN THOMASVILLE. No. 489. An Act to authorize and instruct the Trustees of the University of Georgia to permit the Board of Education of the city of Thomasville to use certain realty in said city for public school purposes, and for other purposes. 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 the Trustees of the University of Georgia be and they are hereby authorized and

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instructed to permit the Board of Education of the city of Thomasville to use for public school purposes, until needed by the State, certain realty of the State in said city, to-wit: The block with buildings thereon bounded by Jackson street, College avenue, Fletcher street and Barton street. This Act not to estop any action in the Courts by others claiming said property, or in any way prejudice the claims of any person to said property. University of Georgia lands in Thomasville, use authorized. SEC. 2. 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. Approved Aug. 17, 1908. CHAIRMAN OF THE BOARD OF TRUSTEES OF THE COLLEGE OF AGRICULTURE. No. 312. An Act to amend an Act, approved July 21st, 1906, entitled, An Act to appropriate the sum of one hundred thousand dollars to the University of Georgia for the purpose of erecting and furnishing buildings on the College Campus to be used as an Agricultural College, and for purchasing necessary equipment for the said Agricultural College, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 3 of the above recited Act be amended by placing a comma in place of the period after the figures 1890 in the sixth line of the said Section 3, and inserting after the said figures 1890, the words following, to-wit: And the Chairman of the Board of Trustees of the said Agricultural College shall be ex-officio member of the Board of Trustees of the University of Georgia. Chairman of Board of Trustees of Agricultural College ex-off. member of Board of Trustees of University of Georgia.

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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. Approved July 22, 1908.

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Part II.LOCAL LAWS. TITLE.....I.CITY AND COUNTY COURTS. TITLE.....II.MISCELLANEOUS.

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TITLE I. CITY AND COUNTY COURTS Special bailiffs for city courts, appointment, etc. Ashburn, city court of, Act creating amended. Blakely, city court of, Act creating amended. Buford, city court of, Act creating amended. Dalton, city court of, Act creating amended. Danielsville, city court of, established. Douglas, city court of, Act creating amended. Dublin, city court of, Act creating amended. Eastman, city court of, Act creating amended. Floyd county, city court of, Act creating amended. Franklin, city court of, established. Houston county, city court of, established. Madison county, city court of, abolished. Miller county, city court of, abolished. Miller county, city court of, established. Monticello, city court of, Act creating amended. Moultrie, city court of, Act creating amended. Newnan, city court of, Act creating amended. Newton, city court of, Act creating amended. Oglethorpe, city court of, Act creating amended. Sandersville, city court of, Act creating amended. Sparta, city court of, Act creating amended. Springfield, city court of, established. St. Marys, city court of, established. Sylvania, city court of, Act creating amended. Tifton, city court of, Act creating amended. Waynesboro, city court of, Act creating amended. Wrightsville, city court of, established. Camden county, county court of, abolished. Effingham county, county court of, abolished. Houston county, county court of, abolished. Pulaski county, fees of officers of county court of. Walker county, county court of, abolished.

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SPECIAL BAILIFFS FOR CITY COURTS, APPOINTMENT, ETC. No. 369. An Act to authorize the Judges of the City Courts of this State, located in counties where there are cities having a population of not less than 54,000, nor more than 75,000, to appoint special bailiffs; to define the term of service and duties of said bailiffs, and fix their compensation; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Judge of any City Court of this State, which is located in a county wherein there is a city having a population of not less than 54,000, nor more than 75,000, according to the United States census of 1900, is hereby given authority to appoint one special bailiff, who shall hold his office during the pleasure of the Judge appointing him, and who shall discharge such duties in and about the court room, when the court is in session, and in and about the Judge's chambers, as may be required by law, or by the Judge appointing him. Special bailiffs in city courts in certain counties. SEC. 2. Be it further enacted by the authority of the same, That such special bailiff shall receive as compensation for his services the sum of seventy-five ($75) dollars per month, or at that rate, during his tenure of office, and the said compensation shall be paid out of the County Treasury, upon the order of the Board of Commissioners to whom are committed the fiscal affairs of the county, or if there be no such authority, then upon the order of the Ordinary. Compensation. SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved August 10, 1908.

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ASHBURN, CITY COURT OF, ACT CREATING AMENDED. No. 446. An Act to amend an Act establishing the City Court of Ashburn, in the county of Turner, found on page 150, Acts 1906, of the General Assembly, approved August 21st, 1906. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 4 be amended by striking all of said section, from the word Ashburn, in the second line, to the word qualified, in the sixth line thereof, and substituting the following: Who shall be elected by the qualified voters of Turner county at the general election of State and county officers to be held on the first Wednesday in October, 1910, and at such general election each four years thereafter, the present Judge of said Court to hold his office until January 1st, 1911, when the term of the Judge elected pursuant to this Act shall begin. City court Ashburn. Act creating amended. Judge. SEC. 2. Be it further enacted by the authority aforesaid, That Section 5 of said Act shall be amended by striking all of said Section, from the word shall, in the second line thereof, to the word be, in the seventh line of said Act, and substituting in lieu thereof the following: Be elected by the qualified voters of said county of Turner at the general election to be held the first Wednesday in October, 1910, and each four years thereafter. The present Solicitor to hold said office until January 1st, 1911, when the term of the Solicitor elected pursuant to this Act shall begin. Solicitor. SEC. 3. Be it further enacted, That should a vacancy occur in either the office of Judge or Solicitor of said Court by death, resignation or otherwise, that a successor shall be elected at a special election to be called by the Ordinary of said county, notice of which election

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shall be given in the public gazette of said county for four weeks prior thereto, which election shall be conducted in all respects as elections for members to the General Assembly. Vacancy, how filled. SEC. 4. Be it further enacted by the authority aforesaid, That the Solicitor of said Court shall receive a salary in the sum of $900 per annum in lieu of all other compensation, except such compensation as he is at present allowed for representing the State in the Appellate Courts of this State. That all fines and forfeitures accruing to the Solicitor in said Court under the original Act be turned over to the Treasurer of the county. Compensation of Solicitor. SEC. 5. Be it further enacted by the authority aforesaid, That in all civil cases where the principal sum involved does not exceed two hundred dollars, and in all cases where suit is filed upon an unconditional contract in writing, and where no defense is filed at the appearance term, the plaintiff shall be entitled to make out his case and have judgment thereon at the first term, or to have default judgment at said term of Court. Practice. SEC. 6. Be it further enacted by authority aforesaid, That the fees of the Clerk and Sheriff of said Court in all civil cases where the amount involved does not exceed two hundred dollars, shall be as follows: The fees of the Clerk shall be two dollars for the first copy and process, and for extra copies fifty cents, and there shall be no final record of such matters where the amount of principal does not exceed two hundred dollars. The fees of the Sheriff in cases where the principal amount does not involve more than two hundred dollars shall be for the first copy served, two dollars, and one dollar for additional copies. In all action upon special liens where the amount involved does not exceed one hundred dollars, the Clerk and Sheriff shall receive the same fees as are paid in Superior Courts of this State, but in all such cases the plaintiff shall be liable and shall pay all costs above the costs allowed in Justice's Courts of this

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State. In all criminal cases in said Court, the Clerk shall receive the sum of four dollars for his total costs. In all other cases not herein mentioned the fees of said officers shall be the same as are paid in Superior Courts. Fees of clerk and sheriff. SEC. 7. Be it further enacted, by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 17, 1908. BLAKELY, CITY COURT OF, ACT CREATING AMENDED. No. 442. An Act to amend an Act establishing the City Court of Blakely, passed by the General Assembly of 1906, and approved August 21, 1906, to define procedure therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that Section 10, of the Act creating the City Court of Blakely, approved August 21, 1906, be, and the same is, hereby amended by striking the words which shall convene within not less than three months from the date on which the accusation is filed against him, in the ninth, tenth and eleventh lines of said Section, and inserting in lieu thereof the words provided the quarterly term is not then in session, so that said Section when so amended, shall read as follows: SEC. 10. Be it further enacted, That where a defendant in a criminal case has been arrested and has not given bail, the case may be tried at any monthly, or special term, if no jury be demanded, subject only to the ordinary law of continuances. When a defendant in a criminal case has been arrested and has given bail, the case may be tried at any

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term with his consent, but he may as a matter of right, by entering a demand for a jury, cause the case to be continued until the next quarterly term of the Court, provided the quarterly term is not then in session. Defendants in criminal cases shall not have the right in any case to demand an indictment by the grand jury. City court Blakelv. Act creating amended. Practice in criminal cases. SEC. 2. Be it further enacted, That said Act creating the said City Court of Blakely be amended by adding the following Sections: SEC. 39. In all criminal cases where defendants have been tried and convicted, and fines have been imposed, the fines shall be collected by the Clerk of the City Court; and in no event shall the defendant be discharged from the custody of the sheriff or jailor until said fine has been paid to the Clerk, unless by order of the Judge. SEC. 40. Said Clerk shall deliver to the Judge of said Court immediately after the adjournment of the Court, all the fines collected, and the Judge shall distribute same as provided in Section 36 of said Act creating said Court. Fines, how collected and disbursed. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 14, 1908. BUFORD, CITY COURT OF, ACT CREATING AMENDED. No. 463. An Act to amend an Act approved August 20th, 1906, creating the City Court of Buford, in the city of Buford, Gwinnett county, Georgia, by defining the criminal jurisdiction of said Court more definitely. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the

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authority of the same, That after the last word in Section 2 of said Act the following shall be added thereto: but That said City Court shall have jurisdiction to try and dispose of all criminal cases for crimes and offenses committed in the territory aforesaid, when the offense is below the grade of felony. City court Buford. Act creating amended. Jurisdiction in criminal cases. 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. Approved Aug. 17, 1908. DALTON, CITY COURT OF, ACT CREATING AMENDED. No. 364. An Act to amend an Act to establish the City Court of Dalton, in the city of Dalton, in and for the county of Whitfield, to define its jurisdiction and powers, to provide for the election of a Judge and other officers thereof, to define the powers and the duties of the Judge, and other officers thereof, to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved August 23, 1905, Acts 1905, pages 196 to 206. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 6 of the aforesaid Act be, and the same is, hereby amended as follows: By striking after the words Be it further enacted, in the first line of said Section, the following words: That the Solicitor-General of the Cherokee judicial circuit shall be ex-officio Solicitor of the said City Court of Dalton, and enacting in lieu thereof the following: That there shall be a solicitor of the City Court of Dalton, who shall be elected by the

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qualified voters of the county of Whitfield, who shall hold his office for the term of four years; and if there should be a vacancy in the office of Solicitor, the Governor shall, by appointment, fill the same until the next general election, when a Solicitor shall be elected to fill the unexpired term, which election shall be under the same rules governing other elections; provided, that if said vacancy occurs within ninety days of the general election at which a Solicitor shall be elected for the regular four-year term, then said appointment shall continue for the remainder of the unexpired term. The first election for Solicitor under this Act shall be held at the general election for Governor and members of the General Assembly, to be held in the year 1908, and the Solicitor so elected shall hold his office for the term of four years, beginning January 1, 1909. Thereafter, said Solicitor shall be elected every four years at the same time and under the same rules and regulations as the Judge of said Court. Provided, further, that any person who shall be elected Solicitor of said Court must, at the time of his election, be twenty-one years of age or more, must have been a resident of Whitfield county for one year preceding his election, and must have been a practicing attorney for at least one year before his election. Before entering on the duties of his office, beside the oath required of all civil officers, he must, in addition, take the following, viz.: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as Solicitor of the City Court of Dalton, and will take only my lawful fees of office. So help me God. So that said Section, when amended shall read as follows: SEC. 6. Be it further enacted, That there shall be a Solicitor of the City Court of Dalton, who shall be elected by the qualified voters of the county of Whitfield, who shall hold his office for the term of four years; and if there should be a vacancy in the office of Solicitor, the Governor shall, by appointment, fill the same until the next general election, when a Solicitor shall be elected to fill the unexpired term,

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which election shall be held under the same rules governing other elections; provided, that if said vacancy occurs within ninety days of the general election at which a Solicitor shall be elected for the regular four-year term, then said appointment shall continue for the remainder of the unexpired term. The first election for Solicitor under this Act shall be held at the regular election for Governor and members of the General Assembly, to be held in the year 1908, and the Solicitor so elected shall hold his office for the term of four years, beginning January 1, 1909. Thereafter, said Solicitor shall be elected every four years at the same time and under the same rules and regulations as the Judge of said Court. Provided, further, that any person who shall be elected Solicitor of said Court must, at the time of his election, be twenty-one years of age or more, must have been a resident of Whitfield county for one year preceding his election, and must have been a practicing attorney for at least one year before his election. Before entering on the duties of his office, beside the oath required of all civil officers, he must, in addition, take the following, viz.: I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as Solicitor of the City Court of Dalton, and will take only my lawful fees of office. So help me God. It shall be the duty of said Solicitor to represent the State in all cases in the City Court in which the State shall be a party, and shall perform such other duties therein as usually appertain to his office. He shall receive for such service the same fees that are provided by law for similar service in the Superior Court. Whenever said Solicitor shall, by reason of his official engagement elsewhere, or for other reasons, be unable to attend said Court, also when he may deem it necessary, it shall be his duty to secure the services of a competent attorney-at-law to represent him in said Court. On his failure to do so, or in the absence of any one to represent the State, the Judge of said Court shall have power to appoint a competent attorney as Solicitor pro tem. City court Dalton. Act creating amended. Solicitor. Vacancy, how filled. Qualifications of solicitor. Duties of solicitor. Fees.

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SEC. 2. Be it further enacted, That Section 38 of said Act be, and the same is, hereby amended, by inserting after the word Solicitor-General in the eighteenth line of said Section, the following words: Solicitor of the City Court of Dalton, so that said Section, when amended, shall read as follows: SEC. 38. Be it further enacted, That at the close of any regular or called term of the City Court of Dalton, or at any term thereafter he may deem proper to do so, the Judge shall distribute the fines and forfeitures arising from cases tried in the Court as follows: All bills for insolvent costs due Solicitor, the Sheriff and Clerk, shall be approved by the Judge and entered on the minutes, and shall be a lien upon all fines and forfeitures arising in the Court, superior to all other claims for insolvent costs, and when the Judge distributes such fines and forfeitures, he shall pay the same to the Solicitor, Clerk and Sheriff pro rata on their bills for insolvent costs, for fees in cases in said Court, and when the bills are fully paid, he shall order the surplus paid to the Treasurer of the county, who shall place it to the credit of the fine and forfeiture fund of said county, and it shall be disposed of as provided by law. If the insolvent cost bills of the officers are not fully paid when such distribution is made, the bills shall be credited with the amount appropriated, by the order of the Judge. The Solicitor-General, Solicitor of the City Court of Dalton, Clerk and Sheriff, shall share pro rata in fines and forfeitures arising from cases transferred from the Superior Court before any surplus is paid into the County Treasury for such cases. When a justice or notary public and ex-officio justice of the peace has bound over an offender for his appearance in said Court, such officer, as to his costs, shall share upon the same terms as the Solicitor, Clerk and Sheriff, in any fine or forfeiture arising in the case. The insolvent costs due the Solicitor, Clerk and Sheriff, shall be paid only from the moneys arising from fines and forfeitures and from the hire of convicts from said Court. Fines and forfeitures, how apportioned and distributed.

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SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1908. DANIELSVILLE, CITY COURT OF, ESTABLISHED. No. 563. An Act to establish the City Court of Danielsville in the City of Danielsville in and for the county of Madison, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers therefor, and to define their powers and duties and to fix their compensation; to provide for pleading and practice and new trials therein and writs of error therefrom and for other purposes. 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 from and after the first day of January, 1909 the City Court of Danielsville is hereby established, to be organized, located and held in the City of Danielsville, in Madison County, Georgia, with civil and criminal jurisdiction over the entire county of Madison. City court of Danielsville. SEC. 2. Be it further enacted by the authority aforesaid, That said City Court of Danielsville shall have jurisdiction to try and dispose of all cases of whatsoever nature, except those cases over which exclusive jurisdiction is vested in other courts by the Constitution of Georgia; provided, that in all cases brought in said city court for the principal sum of one hundred dollars, or less the defendant shall not be liable to pay more than Justice Court cost. Jurisdiction, civil.

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SEC. 3. Be it further enacted by the authority aforesaid, That said City Court of Danielsville shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Madison, where the offender is not subjected to loss of life nor confinement in the penitentiary. Jurisdiction, criminal. SEC. 4. Be it further enacted by authority aforesaid, That there shall be a judge of said City Court of Danielsville, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may be then in session or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at its next session thereafter; provided, that the Judge first appointed under this Act shall, if the Senate be not in session, or shall fail to act, hold and fill the office, subject to the approval of the Senate at its next session thereafter. The Judge of said City Court of Danielsville shall receive a salary of eight hundred dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the Treasury of the County of Madison. Judge. Salary. SEC. 5. Be it further enacted by the authority aforesaid, That any person who shall be appointed judge of said City Court must at the time of said appointment be at least twenty seven years of age; he must also have been a resident of Madison County at least four years immediately preceding his appointment, and must also have been a practicing attorney-at-law at least five years before his appointment, and before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: Qualifications. I solemnly swear that I will administer justice without respect to person, and do equal right to the poor and

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the rich, and that I will faithfully and impartially discharge and perform all duties which may be required of me as Judge of the City Court of Danielsville according to the best of my ability and understanding according to the Constitution and laws of this State and of the United States; so help me God, and said oath shall be forwarded to the Governor and filed in the executive department. Said judge shall have the right to practice law in all courts except the City Court of Danielsville. Oath. SEC. 6. Be it further enacted, That there shall be a solicitor for said court, appointed by the Governor and confirmed by the Senate, who shall be a practicing attorney-at-law, and who shall have been at the time of his appointment resident of the county for two years and shall be at the time of his appointment at least twenty-five years of age, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may be then in session, or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at its next session thereafter; provided, that the solicitor first appointed under this Act, shall, if the Senate be not in session, or shall fail to act, hold and fill the office, subject to the approval of the Senate at the next session thereafter. The fees of such solicitor shall be the same as are now provided for Solicitor-General of the Superior Courts of this State. Said Solicitor, before entering upon the duties of his office, shall give bond with good security in the sum of five hundred dollars, conditioned for the faithful discharge of the duties of his office and shall in addition to the oath required of all civil officers take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially and without fear, favor or affection discharge my duties as solicitor of the City Court of Danielsville, so help me God. Said bond shall be payable

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to the Governor, shall be approved by the judge of said City Court and shall together with said oath be entered on the minutes of said court by the Clerk. If for any reason said solicitor shall fail or be disqualified to act in any case, the court shall appoint a solicitor pro tem. For representing the State in each case carried to the Supreme Court, or Court of Appeals from said City Court, fifteen dollars to be paid him in the same manner as the Solicitor-General of the Northern Judicial Circuit is paid for performing similar duties in the Supreme Court or Court of Appeals. For all services for which this act does not provide, he shall receive the same fees as are now allowed by law for similar services in the Superior Court. Solicitor, qualifications, etc. Fees. Oath. Solicitor pro tem. SEC. 7. Be it further enacted by the authority aforesaid, That the Clerk of the Superior Court of Madison County shall by virtue of his office be Clerk of the City Court of Danielsville and in his official connection with said court shall be known as the Clerk of the City Court of Danielsville. Before entering upon the duties of his office he shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the book of minutes of said court. He shall also, before entering upon the duties of his office, execute a bond with good security in the sum of one thousand dollars; said bond shall be payable to the Governor, and shall be approved by the Judge of said City Court. The fees of the Clerk in said City Court shall be the same as are now or may hereafter be allowed by law to the clerk of the Superior Court; and for his attendance at the regular term of said City Court he shall receive the same pay, to be paid him in the same manner as now or as may hereafter be allowed him for similar services in the Superior Court of Madison County. Clerk. Oath. Bond. Fees. SEC. 8. Be it further enacted by the authority aforesaid, That the sheriff of Madison County shall, by virtue

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of his office, be sheriff of the City Court of Danielsville, and in his official connection with said court shall be known as the sheriff of said City Court of Danielsville. Before entering upon the discharge of the duties of his office, he shall execute a bond payable to the Governor with good security approved by the judge of said court in the sum of five thousand dollars for the faithful discharge of the duties of his office; he shall have power of said court, to appoint a deputy who shall, before entering upon the duties of his office give a bond in a sum of two thousand dollars, payable to the Governor, and approved by the judge of said court, conditioned as the bonds of other deputy sheriffs. Said sheriff shall receive the same fees as are now or may hereafter be, allowed by law to the sheriff of Madison County; and for his attendance at the regular term of said City Court he shall receive the same pay, to be paid him in the same manner as now or as may hereafter be allowed him for similar services in the Superior Court of Madison County. Sheriff. Bond. Fees. SEC. 9. Be it further enacted by the authority aforesaid, That the Judge of the City Court of Danielsville is empowered to exercise the same authority over the clerk and sheriff and other officers of said court as may be exercised by the judges of the Superior Court over the clerks and sheriffs and other officers in the counties of Georgia. Authority of judge over clerk, etc. SEC. 10. Be it further enacted by the authority aforesaid, That the judge of the City Court of Danielsville shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders; to issue distress warrants, to issue attachments and garnishments; to attest deeds and other papers and take affidavits anywhere in this State; and said Judge, Solicitor, Clerk and Sheriff shall have power to administer all oaths and do all other official acts pertaining to their offices, respectively, as a Judge and other officers of the

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Superior Court may in like cases do. Said Judge shall also have power to issue writs of habeas corpus and hear and determine the same as Judges of the Superior Court may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all acts which the Judges of the County Courts of this State are authorized to do, unless otherwise provided in this Act. Said Judge of the City Court of Danielsville shall have all powers and authority throughout his jurisdiction of Judges of the Superior Courts, except where by law exclusive power and authority is vested in the Judges of the Superior Courts; and all laws relating to and governing Judges of the Superior Court shall apply to the Judge of said City Court, so far as same may be applicable except as herein provided. Judge, clerk, sheriff, powers, etc. SEC. 11. Be it further enacted by the authority aforesaid, That the regular terms of the said City Court of Danielsville shall be held quarterly on the third Monday in January, third Monday in April, third Monday in July and third Monday in October of each year. The Judge of said Court shall have power to hold said Court in session from day to day, or to adjourn the same over to such time as in his discretion, the exigencies of the business may require. The Judge shall have power to hold such special terms as the exigencies may require for the trial or disposition of either civil or criminal business first giving the parties and the prosecutor and defendant a reasonable time to prepare for trial. That the first term of said Court under this Act shall be held on the third Monday in January, 1909 and all civil cases filed and returnable to the December term, 1908, of the City Court of Madison County shall be triable at said January term, 1909 which later term shall be trial term for said cases. Terms. SEC. 12. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of proceedings in Superior

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Court, except as hereinafter provided; but the process to writs shall be annexed by the Clerk of said City Court, shall be attested in the name of the Judge thereof and be directed to and served by the Sheriff of the City Court of Danielsville, or his deputy, and all executions issuing from said Court shall be attested in the name of the Judge and signed by the Clerk and directed to the Sheriff or his deputy of the City Court of Danielsville, and to all and singular the Sheriffs or their Deputies of the State of Georgia. Proceedings. SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleading and practice, the opening of judgments by default, the laws governing the Superior Court, where not inconsistent with this Act; and unless otherwise specially provided by this Act, shall be applicable to said City Court. Practice. SEC. 14. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power and authority to hear and determine all civil causes of which said Court has jurisdiction and to give judgment thereon; provided, that either party in any civil cause pending in said Court shall be entitled to a trial by jury in said Court upon entering a demand therefor by himself or his attorney in writing on or before the call of the appearance docket at the appearance term of said case, in all cases in which such party may be entitled to a trial by a jury under the Constitution and laws of this State. Judge may hear and determine case. Jury on demand. SEC. 15. Be it further enacted, by the authority aforesaid, That said Court shall have jurisdiction in all claim cases where personal property is levied upon under process from said Court which claim shall be tried in the same manner as claims in the Superior Court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases, as is the practice in other Courts. Claim cases.

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SEC. 16. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments in the Superior Courts of this State shall apply to said City Court, so far as the nature of the City Court will admit. The Judge of said City Court or any other officer authorized by law to issue attachments, may issue attachments returnable to said City Court of Danielsville under the same laws that govern the issuing of attachments in the Superior Courts, and all attachments returnable to the City Court of Danielsville shall be directed to all and singular the Sheriffs and Constables of this State, and may be served by the Sheriff of the City Court or his Deputy, or any Sheriff or Constable or other officer authorized by law to levy attachments returnable to other Courts. Attachments, garnishments, etc. SEC. 17. Be it further enacted by the authority aforesaid, That the garnishment proceedings in said City Court shall be conformable to the laws of the State on the subject in the Superior Court. Garnishment practice. SEC. 18. Be it further enacted by the authority aforesaid, That all proceedings to make parties in any cause in the City Court shall conform to the laws on the subject in the Superior Court, that all suits against joint obligors, joint promissors, co-partners or joint trespassers in which any one or more reside in the County of Madison may be brought in said Court, whether its jurisdiction has already been stated, under the same rules and regulations governing such cases in the Superior Court, mutatis mutandis as to copies, second originals, return and other matters connected with the suit. Joint obligors, etc., suits against. SEC. 19. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitration, examination of witnesses by interrogations or under subp[oelig]na, witnesses and their attendance, continuances and all matters pertaining to pleading and practice and

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all matters of a judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court. Suits, defenses, etc. SEC. 20. Be it further enacted by the authority aforesaid, That said City Court of Danielsville shall be a Court of record and shall have a seal, and the minutes, record, dockets and other books and files that are required by law to be kept for the Superior Court shall be kept in and for said City Court, and in the same manner, and all laws applicable to the duties of the Clerk and Sheriff in the Superior Court shall apply to said officers in said City Court, except where they conflict with the provisions of this Act. Seal, minutes, etc. SEC. 21. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the Superior Courts, whether civil or criminal, shall apply to said City Court, and executions shall issue and be levied, and sales be had thereunder, under the same rules and laws regulating the same in the Superior Courts. Judgments, executions, etc. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of the City Court of Danielsville shall have the power to enforce his orders, to preserve order, to punish for contempt and to enforce all his judgments as is vested by law in the judges of the Superior Courts of this State. Power of judge to enforce orders, etc. SEC. 23. Be it further enacted by the authority aforesaid, That traverse jurors in the City Court of Danielsville shall be procured in the following manner: The Clerk of said City Court shall provide a City Court jury box similar to the traverse jury box of the Superior Court, and shall write on separate pieces of paper the names of each person upon the grand jury list of the Superior Court, and of each person upon the traverse jury list of the Superior Court, and shall place said names of all persons on said Superior Court list in the City Court jury box, from which shall be drawn traverse

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juries to serve in the City Court. All laws with reference to the drawing and summoning and empaneling traverse jurors in the Superior Court shall apply to the City Court of Danielsville; and said City Court Judge shall have the same power to summon tales jurors for the City Court that the Judges of the Superior Court have for the Superior Court; juries in said City Court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the Superior Court are, or may hereafter be paid. Traverse jurors, how empaneled. SEC. 24. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, empaneling, challenging and fining jurors, now of force or hereafter to be enacted regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act; in all cases where issues are to be tried by jury the parties shall be entitled to a full panel of twenty-four from which to strike. In all civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and all laws and rules governing the selection of juries in the Superior Court shall apply to the City Court of Danielsville, unless inconsistent with this Act, provided the Judge of said City Court may, in his discretion draw only twenty-four regular jurors to serve at each term of said Court. Qualification, empaneling, etc., same as superior court. SEC. 25. Be it further enacted by the authority aforesaid. That in all Civil Cases in said Court in which a jury is demanded by either party as provided in Section 14 of this Act, and in all Criminal Cases in which the defendant shall demand a jury as provided in Section 27 of this Act a jury trial shall be had in term time under the provisions of this Act by a jury of twelve men as in the Superior Court. All civil cases in which no jury is demanded by either party shall be tried by the Court

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in term time, and all criminal cases in which no jury is demanded by the defendant shall be tried by the Court, either in term time or at any time between the regular terms of said Court, and said Court shall be open for the trial of such criminal cases at all times. Cases, when [Illegible Text]. SEC. 26. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said City Court of Danielsville may be tried on written accusation, founded upon an affidavit setting forth plainly the offense charged with the same particularity both as to manner and form and substance, as is required by the laws and rules of criminal proceedings in the Superior Court, which accusation shall be signed by the prosecutor and prosecuting officer of said City Court, and no bill of indictment shall be demanded. Accusation. SEC. 27. Be it further enacted by the authority aforesaid, That when any criminal case in the City Court founded either upon indictment or presentment by a Grand Jury, or upon an accusation in said City Court, is called for trial and before the arraignment of the defendant, the Judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on said indictment or accusation and signed by the prosecuting officer in said Court. If the defendant demands a trial by jury and the said Court is not sitting at a regular term, the Judge shall admit the defendant to bail to appear at the next regular term, or, on the defendant's failure to give bond, shall commit him to jail to await his trial at a regular term. If the defendant waives trial by a jury, then the judge of said Court shall proceed to hear and determine such criminal case without a jury, provided, always, that a reasonable time may be granted the State or defendant to procure witnesses. Jury trials, bail, etc., in criminal cases. SEC. 28. Be it further enacted by the authority aforesaid, That the Judges of the Superior Court of Madison County shall, in their discretion, send down from the

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Superior Court of said County to said City Court for trial and final disposition any presentments and indictments for misdemeanors at the close of each term of the Superior Court, and the order transmitting such cases shall be entered on the minutes of both of the said Courts. If for any cause said order is not taken at the close of the terms of said Superior Court the same may be taken in vacation provided, that in all transferred cases, the Solicitor-General of the Northern Circuit shall be entitled to his accrued costs for each case to be collected as herein provided for costs of solicitor of said Court. Misdemeanor cases may be sent from superior court. SEC. 29. Be it further enacted, by the authority aforesaid, That the Judge of said Court shall have the same power to appoint bailiffs at each term of the Court that Judges of the Superior Court now have under the law. Bailiffs, appointment of. SEC. 30. Be it further enacted, by the authority aforesaid, That a writ of error direct from the City Court of Danielsville to the Supreme Court of the State, or the Court of Appeals of the State, shall lie upon a bill of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions and issuing of writs of error in the Superior Courts of this State. No writ of certiorari shall lie from said Court to the Superior Court. Writ of error. SEC. 31. Be it further enacted, by the authority aforesaid, That the Judge of the said City Court of Danielsville shall have power to grant new trials, in all cases, civil and criminal, in said Court, upon the same terms and conditions and under the same laws and regulations, in every respect, governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing motions for new trial in the Superior Court shall apply to and govern the same in said City Court. New trials, etc. SEC. 32. Be it further enacted by the authority aforesaid, That all cases, civil and criminal pending and undisposed

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of in the City Court of Madison County, on the 1st day of January, 1909, shall be and the same are, hereby transferred to said City Court of Danielsville, and the same shall be tried and disposed of as other cases in the City Court of Danielsville; all dockets, records, books and papers of the City Court of Madison County shall be turned over to be used and disposed of by the City Court of Danielsville. All final and other processes heretofore issued returnable to the City Court of Madison County shall be returned to the City Court of Danielsville. The Judge and other officers of the City Court of Danielsville shall have power to issue and enforce in the name of the City Court of Danielsville any and all processes in any case from the City Court of Madison County necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the City Court of Madison County. All fi. fas. and final processes not satisfied issued from the City Court of Madison County may be levied and enforced by the officers of, and in the same manner as similar papers from the City Court of Danielsville. Cases transferred from city court of Madison county to city court of Danielsville. SEC. 33. Be it further enacted by the authority aforesaid, That the first term of said Court to which a case is brought shall be the appearance or return term and the second term shall be the trial or the judgment term, and all the laws, rules and practice in the Superior Court with reference to the terms thereof shall apply in the City Court of Danielsville, unless in conflict with this Act or otherwise provided herein. Appearance and trial terms. SEC. 34. Be it further enacted by the authority aforesaid, That whenever the Judge of said City Court is from any cause disqualified from presiding and the Judge of the Superior Court can not from any cause preside in said Court as provided in the Constitution, then, upon the consent of parties, or upon their failure or refusal to agree said case shall be tried by a Judge pro hac vice selected in the same manner as now provided

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for in the Superior Court, provided, further, when the Judge of said Court is absent from any cause from any regular term of said City Court it is competent for the Judge of the Superior Court of Madison County to preside, provided, that his service can be secured. The Judge of any other City Court in this State can preside in said Court, if for any cause the said Judge cannot preside or is disqualified. Disqualified, when judge, who presides. SEC. 35. Be it further enacted by the authority aforesaid, That in the event that the convicts shall hereafter be taken in charge by the Ordinary or the commissioner or commissioners of roads and revenues or other proper officers of Madison County, and by them put on the roads of said County, or other public works of any kind, or their labor sold or leased to any lessee or other party, as provided by law, it shall be their duty, and they are directed to pay over to the Clerk of said City Court, the full amount of costs due the officer of said court in each case and also the amounts the justices of the peace, or notaries public, or constable, may be entitled as costs in said cases. The insolvents costs due the Solicitor, Sheriff and Clerk, and other officers of said Court, shall be paid from moneys arising from fines and forfeitures in said court. If the money arising from fines and forfeitures in said Court, more than pays said insolvent costs including the justices and notaries public costs, then the balance shall be paid into the treasury of Madison County. The Judges of said City Court shall before paying insolvent bills approve the same and order them entered on the minutes of said Court. Such bills for insolvent costs shall be a lien on said insolvent fund superior to all other liens. Convicts, proceeds arising from hire, etc. SEC. 36. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of Madison County, or the keeper, officer or officers in control of county matters, shall provide necessary books for the keeping the dockets, minutes, and records of said

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City Court, and all books and stationery necessary to run said City Court, and shall furnish the officers of said City Court with rooms in the court house, and that said City Court may be held in the court house of Madison County in said city of Danielsville. Dockets, minutes book, etc. SEC. 37. Be it further enacted by the authority aforesaid, That there shall be a stenographer of the City Court of Danielsville appointed by the Judge thereof, and all civil cases in said Court may be reported at the request of the plaintiff and defendant, and the fee for reporting such cases shall be the same as allowed for similar services in the Superior Court, to be paid by the plaintiff and defendant equally; and in final disposition of the case to be taxed against the losing party as other costs, and said City Court stenographer shall have same right to enforce payment of his fee as is provided by law for the enforcement of the fees of the stenographer of the Superior Court. In the discretion of the Judge of said Court, said City Court stenographer may take the testimony in any or all criminal cases in said Court, and his fees for said service shall be five dollars per day to be paid out of the treasury of said County of Madison, on the certificate and order of said Judge of the City Court of Danielsville as to the number of days he has been employed. Stenographer. SEC. 38. Be it further enacted, That this Act shall go into effect January the 1st, 1909. SEC. 39. Be it further enacted by the authority aforesaid, That it shall be the duty of justices of the peace and notary public of said county to bind over to said City Court all persons charged with offenses committed within the limits of Madison County over which said City Court has jurisdiction, there to answer to said offenses. Justices of the peace, duties of to bind over.

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SEC. 40. 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. Approved August 17, 1908. DOUGLAS, CITY COURT OF, ACT CREATING AMENDED. No. 410. An Act to amend an Act to amend an Act to establish the City Court of Douglas, in the city of Douglas, and for other purposes, approved Dec. 9th, 1897; to provide for the holding of the term of said Court, to define its jurisdiction and powers; to provide for juries thereof, and their pay; define the fees of the Clerk of said Court in civil cases; provide for the disposition of criminal cases brought in said Court on accusation; provide for the payment of the cost in certain criminal cases and also to amend an Act to amend an Act to establish the City Court of Douglas in the city of Douglas in Coffee county, to define its jurisdiction and power, to provide for the appointment of a judge and other officers thereof; and to define their powers and duties; to provide for the granting of new trials therein and writs of error therefrom, and for other purposes, approved December 9th, 1897, so as to provide for the election of the Judge and Solicitor of said Court by qualified voters of the county of Coffee, to make the Clerk and Sheriff of the Superior Court of said county of Coffee ex-officio Clerks and Sheriffs respectively of said City Court of Douglas, to increase the salary of the Judge of said City Court, and for other purposes, so as to provide for the holding of tri-monthly terms of said City Court of Douglas, to provide for the obtaining and taking of judgment of default in certain non-contested

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cases at the first term of Court; to increase the salary of the Judge of said City Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, from and after the passage of this Act, That an Act to amend an Act to establish the City Court of Douglas, in the city of Douglas, and for other purposes, approved Dec. 9th, 1897, to provide for the holding of the terms of said Court, to define its jurisdiction and powers, provide for juries thereof and their pay; to define the fees of the Clerk of said Court in civil cases; provide for the disposition of criminal cases brought into said Court on accusation; provide for the payment of the cost of certain criminal cases, and for other purposes, approved Dec. 16th, 1902, be and the same is hereby amended in the following particulars: City court Douglas. Act creating amended. (First.) That Section 2 of said amendment, as published in the Acts of 1902, page 121, be, and the same is, hereby amended by inserting in said Section in the eighth line thereof after the word Act, and before the word and, the following, to-wit: And except that at each term of said City Court actually held, it shall be the duty of the presiding Judge to call the appearance docket, at which time, in all cases founded upon unconditional contracts in writing, when there has been legal service on the defendant, and no issuable defense is filed thereto in writing, if filed is adjudged to be insufficient in law, either in form or substance, and is stricken, then judgment shall be entered by the Court at such appearance term without the intervention of a jury. In all cases when suit is brought for a liquidated demand or an account, and there has been legal service of such declaration and no defense is filed thereto, or if such defense as is filed is stricken, or adjudged to be insufficient in law, either in form or substance, it shall be the duty of the Court at such term to give judgment thereon without the intervention of a jury. All exceptions to declarations and pleas, motions to dismiss and

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dilatory pleas shall be passed upon at such appearance term of the Court, unless the same shall be, by consent of the parties and the Court, continued until the trial term, and when all such preliminary questions and dilatory pleas and motions are disposed of, if the case is otherwise ripe for trial and there is no issue of fact left among the pleadings, then in like manner the Court shall give judgment at such appearance term without the intervention of a jury. All other cases shall be governed as to the trial term thereof by the rules of procedure and practice prevailing in the Superior Courts of this State at the time of trial, so that said Section when so amended shall read as follows: That Section thirteen (13), of said City Court Act be amended by striking out all of said Section commencing at the word suits, and ending at the word courts, in the last line of said Section, so that said Section, when amended, shall read as follows: That in said City Court the same rules of procedure, service, pleading and practice shall govern as, for the time being, obtains in the Superior Courts, except as otherwise provided in this Act, And except that at each term of said City Court actually held, it shall be the duty of the presiding Judge to call the appearance docket, at which time, in all cases founded upon unconditional contracts in writing, where there has been legal service on the defendant, and no issuable defense is filed thereto in writing, or if filed, is adjudged to be insufficient in law, either in form or substance, and is stricken, then judgment shall be entered by the Court at such appearance term without the intervention of a jury. In all cases where suit is brought for a liquidated demand or an account, and there has been legal service of such declaration, and no defense is filed thereto, or if such defense as is filed is stricken, or adjudged to be insufficient in law, either in form or substance, it shall be the duty of the Court at such term to give judgment thereon without the intervention of a jury. All exceptions to declarations and pleas, motions to dismiss, and dilatory pleas, shall be passed upon at such appearance

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term of the Court, unless the same shall be, by consent of the parties and the Court, continued until after the trial term, and when all such preliminary questions and dilatory pleas and motions are disposed of, if the case is otherwise ripe for trial and there is no issue offered or left among the pleadings, then in like manner the Court shall give judgment at such appearance term without the intervention of a jury. All other cases shall be governed as to the trial term thereof by the rules of procedure and practice prevailing in the Superior Courts of this State at the time of trial; and whenever and in all cases when the rules of the Superior Courts cannot be made applicable on account of the difference of the constitution of said Court, then the judge of said Court may make and promulgate rules to cover said cases. Practice. Unconditional contracts in writing. Liquidated demand, etc. Appearance docket. SEC. 2. That Section 3 of said amendment, which is printed in Acts 1902, page 121, be, and the same is, hereby amended as follows: By striking the word be in second line thereof, and inserting in lieu thereof the word tri. That said Section be further amended by beginning at and including the word that in the seventh line of said paragraph and striking down to and including the word thereafter in the tenth line of said paragraph, and inserting in lieu thereof the following: That the terms or sessions of said City Court shall be tri-monthly, beginning on the third Monday in November, 1908, and every three months thereafter. That said Section be further amended by beginning at and including the word for in the sixteenth line of said paragraph, and striking down to and including the word weeks in said sixteenth line, and by inserting in lieu thereof the following: Until nearer than within five days of the next succeeding term, so that said Section 3 of said amendment, when so amended as herein set out, shall read as follows: That Section fifteen (15) of said City Court Act be amended as follows: By adding tri before the word monthly in the second line of said Section and by striking all of said Section, beginning after the word monthly, in the second line of

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said section, and ending at the word October, in the fifth line of said Section, so that said Section, when amended, will read as follows: Be it further enacted, That the terms or sessions of said City Court shall be tri-monthly, beginning on the third Monday in November, 1908, and every three months thereafter; provided, that the City Court Judge may, from time to time, change the time of holding said sessions, such change to be advertised one or more times in some newspaper published or having a general circulation in said county of Coffee. The judge of said Court shall have power to hold said sessions and adjourn from time to time; provided, that said Court shall not remain continuously in session at any time until nearer than within five days of the next succeeding term, and the Judge of said Court may set cases for trial at convenient times, and the same may then be tried, whether Court has been held from day to day until said time or not. Terms. SEC. 3. Be it further enacted by the authority aforesaid, That an Act to amend an Act entitled An Act to establish the City Court of Douglas, in the city of Douglas, in Coffee county, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their powers and duties, to provide for the granting of new trials, therein, and writs of error therefrom, and for other purposes, approved December 2, 1895, so as to provide for the election of the Judge and Solicitor of said Court by the qualified voters of said county of Coffee, to make the Clerk and Sheriff of the Superior Court of said county of Coffee ex-officio Clerk and Sheriff, respectively, of said City Court of Douglas, to increase the salary of the Judge of said City Court, and for other purposes, as recorded in Acts of 1905, pages 206 to 209, be amended as follows: That Section 1, of said amendment be amended by beginning at and including the word from, in the seventeenth line of said Section, and striking down to and including the word county, at the conclusion of said

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Section, and by inserting in lieu thereof the following: From and after Dec. 17, 1909, the Judge of said Court shall receive a salary of $1,200 per annum, which shall be paid monthly out of the treasury of Coffee county, so that said Section, when so amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act establishing the City Court of Douglas, etc., approved Dec. 9th, 1897, be, and the same is, hereby amended as follows: By repealing and striking from said Act Section 4 thereof, and inserting in lieu thereof the following Section, to be known as Section 4, to-wit: There shall be a Judge of said City Court of Douglas, who shall be elected by the qualified voters of the county of Coffee, who shall hold his office for the term of four years from the date of his qualification, and until his successor is elected and qualified, and if a vacancy should occur in the office of Judge, the Governor shall, by appointment, fill the same until the next general election, when a Judge shall be elected to fill the unexpired term, which election and all elections for Judge, whether for regular or unexpired terms, shall be held under the same rules as govern elections for members of the General Assembly. From and after Dec. 17, 1909, the Judge of said Court shall receive a salary of $1,200 per annum, which shall be paid monthly out of the treasury of Coffee county. Judge and solicitor elected by qualified voters. Salary of judge. Vacancy, how filled. SEC. 4. 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. Approved August 14, 1908.

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DUBLIN, CITY COURT OF, ACT CREATING AMENDED. No. 329. An Act to amend an Act entitled An Act to establish the City Court of Dublin, in and for the county of Lauren; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and to abolish the City Court of Laurens county, and for other purposes, approved December 6th, 1900, and Acts amendatory thereof, so as to provide for the election of the Judge and Solicitor of said City Court of Dublin, and for other purposes. 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 an Act entitled An Act to establish the City Court of Dublin, in and for the county of Laurens; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties, and to abolish the City Court of Laurens county, and for other purposes, approved December 6th, 1900, and Acts amendatory thereof, be and the same is hereby amended by striking from said Act the second Section thereof, and inserting in lieu thereof the following: SEC. 2. Be it further enacted, That there shall be a Judge of said City Court, who shall be elected by the qualified voters of Laurens county, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, the governor shall by appointment fill the same until the next general election occurring thereafter, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections, and shall serve until the election and qualification of his successor. The first election for said judge shall be held at the general election

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in the month of October, 1912, under the rules and regulations governing the election of members of the General Assembly; and the judge elected on said date shall go into office on the 6th day of December, 1912, and hold his office for a period of four years, and until his successor is elected and qualified. His successor shall be elected at the general election for members of the General Assembly every four years thereafter, and go into office on the 6th day of December after he is elected. Provided, however, that should a vacancy occur in said office between the dates of December 6th, 1908, and December 6th, 1912, the same shall be filed in the manner above provided. The Judge of said City Court shall receive a salary of eighteen hundred dollars per annum, and it shall be paid monthly by the treasurer of Laurens county out of the general fund in the treasury belonging to said county. And it shall be the duty of the Commissioners of Roads and Revenues of said county, or other proper officer or officers, to make provision annually in levying the taxes for this purposes. Judge elected by qualified voters. Vacancy, how filled. SEC. 2. Be it further enacted, That the word appointment, which appears in the second and third lines of Section 3 of said Act, be and the same is hereby stricken, and the word election be inserted in lieu thereof; provided, however, that nothing herein contained shall operate or be construed to affect the title of the Judge already appointed for the four-year term beginning December 6th, 1908, and confirmed by the Senate, but said appointment shall be and remain in force. Present appointment to remain in force. SEC. 3. Be it further enacted, That said Act be, and the same is, hereby amended by striking the first eight lines, and the word thereafter in the ninth line of Section 11 of said Act, and insert in lieu thereof the following: SEC. 11. Be it further enacted, That there shall be a Solicitor of said City Court of Dublin, who shall be elected by the qualified voters of Laurens county, who shall hold office for the term of four years, and if there should occur a vacancy in the office of Solicitor, the governor

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shall by appointment fill the same until the next general election occurring thereafter, when a Solicitor shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections, and shall serve until the election and qualification of his successor. The first election for said Solicitor shall be held at the general election in October in the year 1910, under the rules and regulations governing the election of members of the General Assembly and the Solicitor elected on said date shall go into office on the 6th day of December, 1910, and hold his office for a term of four years, and until his successor is elected and qualified. His successor shall be elected at the general election for members of the General Assembly every four years thereafter, and go into office on the 6th day of December after he is elected. Provided, however, that should a vacancy occur in said office between the dates of December 6th, 1908, and December 6th, 1910, the same shall be filled in the manner herein provided for the filling of vacancies in said office. Solicitor elected by qualified voters. SEC. 4. Be it further enacted, That said Act be and the same is hereby further amended by striking from the ninth line from the top of Section 11, of said Act the word appointed, and insert in lieu thereof the word elected. SEC. 5. Be it further enacted, by the authority aforesaid, That all laws and parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Approved July 28, 1908.

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EASTMAN, CITY COURT OF, ACT CREATING AMENDED. No. 512. An Act to repeal an Act to amend an Act entitled, An Act to establish the city court of Eastman, in the county of Dodge; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, compensation, etc., of the officers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to amend an Act entitled `An Act to establish the city court of Eastman, in the county of Dodge; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, compensation, etc., of the officers thereof, and for other purposes,' approved August 22nd, 1907, be, and the same is, hereby repealed. Amendment of Aug. 22nd, 1907, repealed. SEC. 2. Be it further enacted by authority aforesaid, That said city court of Eastman shall have jurisdiction to try and dispose of all cases, of whatever nature, concurrent with the superior court, except those cases over which exclusive jurisdiction is vested in other courts by the Constitution of the State of Georgia. Jurisdiction. SEC. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1908.

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FLOYD COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 491. An Act to amend an Act entitled An Act creating the city court of Floyd county, approved September 27, 1883, and the four Acts amendatory of said Act, approved respectively October 24, 1887, October 29, 1889, August 23, 1905, and August 21, 1906, as follows: (1) By providing for a solicitor of said Floyd county city court, prescribing his qualifications, providing for his election, fixing his term of office, fixing his compensation, and for other purposes. 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 Section 4 of said Act entitled An Act to establish a city court in the county of Floyd, approved September 27, 1883, be amended by repealing and striking all of said Section four (4) from said Act, and enacting and inserting in lieu of the matter so repealed and stricken out the following, to-wit: SEC. 2. Be it further enacted, That there shall be a solicitor of said Floyd county city court, who shall be elected by the voters of Floyd county at the general election for county officers to be held on the first Wednesday in October, 1912, the returns to be made to the Governor who shall issue a commission to the person so elected solicitor of said Floyd county city court for the full term of four years from the first day of January, 1913, and until his successor is elected and qualified; and thereafter the term of office of said solicitor shall be four years, and he shall be elected by the qualified voters of Floyd county at the same time and in the same manner as other county officers of the county of

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Floyd are elected, and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be so commissioned for a term of four years instead of two. In case of a vacancy in said office of said solicitor of said city court from death, resignation, removal, or otherwise, the Governor shall fill said vacancy by appointment of some fit and proper person to hold said office for the unexpired term. Solicitor of, elected by qualified voters. Commissioned for four years. SEC. 3. Be it further enacted, That any person who shall be elected solicitor of said court must, at the time of such election, be at least twenty-five years of age; must also have been a resident of the county of Floyd at least twelve months, and must have practiced law in said State for not less than four years before his election. The fees of such solicitor shall be the same as are now provided for the solicitors-general in the superior courts of this State and shall be paid in the same manner from the fines and forfeitures arising in said city court, and in addition thereto, he shall be entitled to and shall receive the sum of $5.00 for each accusation drawn in said city court, same to be paid in the same manner as the other fees in said city court; and it shall be the duty of said solicitor to represent the State in the Supreme Court and the Court of Appeals on all writs of error from said court, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar services. Said solicitor, before entering on the duties of his office, shall give bond with good security in the sum of one thousand dollars ($1,000.00) conditioned for the faithful discharge of the duties of the office, and shall take and subscribe, in addition to the oath required of all civil officers, the following oath: I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as solicitor of the Floyd county city court; so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of the city court and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be

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sued on by any person interested. If, for any reason, said solicitor shall fail or be disqualified to act in any case, or there should be a vacancy in said office, the court shall appoint a solicitor pro tem. Qualifications. Fees. Bond. Oath. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1908. FRANKLIN, CITY COURT OF, ESTABLISHED. No. 419. An Act to establish the city court of Franklin, in and for the county of Heard; to define its jurisdiction and powers; to provide for the election of the judge and solicitor, and the filling of the offices thereof, and to define their duties and powers; to provide for pleadings and practice and the granting of new trials therein; to provide for writs of error therefrom to the Supreme Court and Court of Appeals; to provide for the trial of all misdemenaor cases in said court by the judge thereof, or by a jury in said court if demanded; to provide that all committing magistrates shall require all misdemeanor defendants to give bail for their appearance before the city court of Franklin; to provide that no defendant in said court shall have the right to demand indictment, but shall be tried on information based on sworn affidavit in said court unless indictment has been returned prior to arrest, to provide for the transfer of indictments and special presentments which charge misdemeanor from the superior court of Heard county to the city court of Franklin, and the trial of such defendants therein; to fix the salary of the judge of said court, and the fees of the other officers thereof, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1909, the city court of Franklin, in the county of Heard, be and the same is hereby established and organized to be held in the city of Franklin, with jurisdiction, civil and criminal, and quasi-civil and quasi-criminal over the entire county of Heard. City court of Franklin established. SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Franklin shall have jurisdiction to try and dispose of all cases and matters of whatever nature except cases over which exclusive jurisdiction is vested in other courts by Constitution of Georgia. Jurisdiction. SEC. 3. Be it further enacted, That said city court of Franklin shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in said county of Heard, where the offender, under the punishment prescribed is not subjected to loss of life or confinement in the penitentiary. Jurisdiction, criminal. SEC. 4. Be it further enacted, That all criminal cases in said city court of Franklin shall be tried by the judge thereof without a jury, except when the defendant shall demand a jury trial in said court, which demand must be made before said trial begins, and not after. A plea to the information shall amount to a waiver of jury trial, then and in that event the judge of said court shall hold him to bail for his appearance at the next quarterly term of said court, provided, however, in cases transferred from the superior court in which indictments or special presentments have been returned, no demand for jury trial shall be necessary, and such cases shall stand for trial at the first quarterly term of said city court of Franklin after the transfer thereof from the superior court of Heard county. No defendant in said city court of Franklin shall have the right to demand indictment by the grand jury of said county. It shall be the duty of the committing magistrates of Heard

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county, when they hold defendants to bail for misdemeanors to ask them if they demand jury trial in the city court, and if they answer in the affirmative, bail shall be granted them for their appearance at the next quarterly term of said city court of Franklin, but if jury trial is not demanded, then said defendants shall be allowed bail for their appearance instanter before the judge of said court. All misdemeanor defendants shall be committed for trial in the city court of Franklin. If, upon the trial of any case, it shall appear that the evidence makes a case of felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendants to the next superior court as in preliminary examinations. The judge of the superior court of Heard county shall order returned to said city court of Franklin, at the end of each term of the superior court, all indictments and special presentments which charge misdemeanors and are not disposed of by trial, and the same shall stand for trial at the first quarterly term of the city court of Franklin after the adjournment of said superior court. Criminal practice. SEC. 5. Be it further enacted, That defendants in criminal cases in said city court of Franklin may be tried on written accusation founded on affidavit, which accusation shall be signed by the prosecuting officer of said court, and in cases where there has been no commitment of the defendant to said city court for trial, the judge of said city court shall upon such accusation being prepared before him, enter in term time or vacation, issue his warrant for arrest of the accused, in the same manner as bench warrants are issued by judge of the superior courts, and if jury trial be not demanded he shall try the defendant at such time as he may fix for such hearing in term time or vacation. Accusation. SEC. 6. Be it further enacted, That the clerk of the superior court of Heard county shall be the clerk of the

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city court of Franklin; the sheriff of Heard county shall be the sheriff of said city court and the judge of said city court shall have the same power to appoint bailiffs at any term of said court that the judge of the superior court shall have; provided, however, that the solicitor of said city court shall have the right of naming one bailiff, who shall be appointed by the judge of said court. Clerk, sheriff, etc. SEC. 7. Be it further enacted, That writs of error shall lie from the city court of Franklin to the Supreme Court and Court of Appeals of this State, upon bills of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions and issue of writs of error in the superior courts of this State. Writs of error. SEC. 8. Be it further enacted, That no judgment, order, sentence or decree of the said city court of Franklin, or the judge thereof, shall be reviewed by writ of certiorari. SEC. 9. Be it further enacted, That the judge of the city court of Franklin shall have power to grant new trials in all cases, civil, criminal, quasi-civil and quasi-criminal in said court, upon the same terms and conditions in every respect governing the granting of new trials in the superior courts. All rules of pleadings, practice and procedure governing motions for new trials in the superior court, and the hearing and termination thereof, in vacation or term time, shall apply to and govern the same in said city court. New trials, pleading, etc. SEC. 10. Be it further enacted, That the term at which cases are brought shall be appearance term, and the next term thereafter shall be the judgment or trial term, and all laws, rules and practices in the superior courts with reference to the terms thereof, shall apply to the city court of Franklin unless otherwise provided in this Act, provided, that in civil cases in which no defense or plea is filed by the last day of the term, or such

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defense or plea shall be stricken by the court, a judgment may be rendered by the court, or verdict taken, as the case may require, for the plaintiff upon the call of such case in open court. Appearance term, trial term, etc. SEC. 11. Be it further enacted, That whenever the judge of said city court is for any cause disqualified from presiding in any case, and the judge of the superior court shall fail to preside in said court, as provided by the Constitution of this State, or is not present when said case is called on the docket, then upon consent of parties, or upon their failing or refusing to agree, said cause may be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. When judge disqualified, who shall preside. SEC. 12. Be it further enacted, That there shall be a judge of said city court of Franklin, who shall be chosen and commissioned in the following manner: There shall be held a special election in Heard county, on the first Wednesday in October, 1908, at which a judge of said city court shall be elected by the qualified voters of said county, said election to be held under the same rules and regulations as elections for members of the General Assembly are held, the returns of said election to be made to the Governor, who shall issue a commission to the person elected as such judge at said election; said person so elected to be commissioned for and to hold said office under such commission until the first day of January, 1913, and until his successor is elected and qualified. Thereafter the term of office of said judge shall be four years and he shall be elected by the qualified voters of Heard county, at the same time and in the same manner as other county officers of said county of Heard are elected; and he shall be commissioned by the Governor as other officers are commissioned, except he shall be so commissioned for a term of four years instead of two. In case of vacancy, in said office of city court judge from death, resignation, removal or otherwise,

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the Governor shall fill said vacancy by appointment of some fit and proper person to hold said office for the unexpired term. The judge of said city court of Franklin shall receive a salary of five hundred ($500.00) dollars per annum, which shall not be increased or diminished during his term of office, and which shall be paid monthly out of the treasury of said county of Heard. Judge, how chosen. Term of office, etc. Vacancy, how filled. SEC. 13. Be it further enacted, That any person who shall be elected judge of said city court of Franklin must at the time of such election be at least thirty years of age; must also have been a resident of said Heard county for a period of two years immediately preceding his election, and must also have been a practicing attorney at law for at least eight years before his election; and before entering upon the discharge of his duties as judge, he shall take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Franklin according to the best of my ability and understanding according to the laws and Constitution of this State and the United States, so help me God. And said oath shall be forwarded to the Governor and be filed in the Executive Department, after it shall have been recorded on the minutes of said city court of Franklin. Qualifications. Oath. SEC. 14. Be it further enacted, That the judge of said city court of Franklin shall have the right to practice in all courts except said city court, the Supreme and circuit courts on writs of errors from said city court, and any case originating in said city court. Judge can practice law, where. SEC. 15. Be it further enacted, That the clerk of said city court shall perform the same duties as are required of him by law as an officer of the superior court, so far as the same do not conflict with the provisions of this Act; the said clerk shall execute a bond in the sum of

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five hundred dollars, payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said court, and entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify or execute said bond within ten days from the election and qualification of the judge of said city court, the judge of said city court is hereby authorized to appoint a clerk for said city court. The compensation of the clerk of said city court shall be the same as is now allowed by law to the clerk of the superior court for similar services in all cases except the following: In all civil cases including issues under distress warrants, attachments, and other like processes returnable to said city court, where the amount involved does not exceed one hundred dollars, the entire cost of the clerk shall be three dollars. For docketing, distress warrants, attachments and other like processes issued by the judge of said court the clerk shall receive as costs one dollar. Foreclosure of mortgages in said city court, where the amount involved does not exceed one hundred dollars, the said clerk shall be entitled to receive as costs the sum of one dollar and fifty cents. For issues made under proceedings to evict tenants or intruders, which may be returnable to said city court, the clerk shall be entitled to receive as his costs the sum of three dollars. For recording proceedings to obtain quick order of sale of personal property, and entering such order on the minutes he shall be entitled to receive as his costs one dollar and fifty cents. For each day's services in attendance upon said city court said clerk shall be paid two dollars, which last named item shall be paid out of the county treasury of the county of Heard on order of the judge of said city court, and for any other services performed by said clerk of said county not herein specified such fees as may be allowed by the judge of said court. Clerk, duties of, etc. Clerk superior court failing to qualify, judge may appoint. Compensation. Fees of clerk. SEC. 16. Be it further enacted, That the sheriff of

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said city court shall, before entering upon the duties of his office, execute a bond with good security, payable to the Governor, in the sum of two thousand dollars, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court, and shall be entered upon the minutes of said city court, and may be sued upon by any party or person interested. In the event the sheriff of Heard county shall fail to qualify as sheriff of said city court within ten days after the election and qualification of the judge of said court and fail to give the bond herein required, the judge of said city court shall appoint a sheriff of said city court. The sheriff of said city court shall have the power to appoint such deputy sheriffs as the business of the court may require subject to the sanction and approval of the judge of said city court, and which deputy sheriff shall give such bond as are required of other deputy sheriffs. Said sheriff shall receive such fees as are now allowed the sheriff of Heard county, except that in all civil cases where the amount involved is one hundred dollars or less he shall receive only one half such fees, and for attendance upon the sessions of said court he shall receive only two dollars per diem; such per diem to be paid out of the county treasury of Heard county, on orders from the judge of said court, passed in open court, and he shall receive only five dollars for summoning each jury, to be paid in like manner. Sheriff. Sheriff of Heard county failing to qualify, judge may appoint. Deputies. Fees. SEC. 17. Be it further enacted, That the judge of said city court is empowered to exercise the same authority over the clerk and sheriff and deputies of each of said officers as may be exercised by judges of the superior court over said officers in the superior court. Before entering upon the discharge of their duties the said clerk and sheriff shall each take and subscribe an oath, in addition to the oath required of all civil officers, to faithfully discharge the duties required of them as such officers,

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and which said oaths shall be entered upon the minutes of said court. Authority of judge over clerk and sheriff. Oath. SEC. 18. Be it further enacted, That the judge of the city court of Franklin shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and for the eviction of intruders, to issue distress warrants, attachments and garnishments; to attest deeds and other papers, to take affidavits and to foreclose mortgages, and to issue any other writs, warrants, orders or process, the power to issue which is not by the Constitution given to some other court, judge or officer. Such warrants, writs or other process above specified may be, when issued by said judge or any justice of the peace or notary public of said county of Heard, made returnable to said city court of Franklin in which all issues made thereunder shall be triable in the same manner as now provided for such trials in the superior courts or other courts of said county of Heard. The judge, solicitor, clerk, sheriff and his deputies shall have power to administer all oaths and do all other official acts pertaining to their office as judge and other officers of the superior court may in like cases do; said judge shall also have power to issue writs of habeas corpus and hear and determine the same as judges of the superior courts may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all other acts which judges of the superior courts may do unless otherwise provided in this Act or expressly forbidden by the Constitution of this State. Judge, power of. Judge, solicitor, sheriff and deputies, power of. SEC. 19. Be it further enacted, That there shall be a solicitor of said city court of Franklin, who shall be elected by the voters of said Heard county at the special election provided for in Section 12 of this Act, and in the same manner and under the same terms and conditions as provided in said Section 12 for the election of a judge of said city court. The term of office of said solicitor

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under the election to be held on the first Wednesday in October, 1908, shall expire on the first day of January, 1913, and he shall be commissioned by the Governor for such term, and until his successor is elected and qualified. Thereafter the term of office of said solicitor shall be four years, and he shall be elected by the qualified voters of Heard county, at the same time and in the same manner as other county officers of said county Heard are elected, and he shall be commissioned by the Governor as other officers are commissioned, except he shall be commissioned for a term of four years instead of two years. In case of a vacancy in said office by death, removal or otherwise, the Governor shall fill the vacancy by appointment of some fit and proper person to hold said office for the unexpired term. Solicitor. SEC. 20. Be it further enacted, That any person who shall be elected or appointed solicitor of said city court, must at the time of such election and appointment be at least twenty-two years of age, must have been a regular practicing attorney for at least two years, and a resident of said Heard county at least one year. The fees of said solicitor shall be the same as are now provided for solicitors-general of the superior courts of this State, and it shall be the duty of such solicitor to represent the State in the Supreme Court and Court of Appeals on all writs of error from said court, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar services. Said solicitor shall, before entering upon the discharge of the duties of his office give bond with security in the sum of five hundred dollars, conditioned for the faithful discharge of the duties of his office and take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection discharge my duties as solicitor of the city court of Franklin, so help me God. Said bond shall be approved by the judge of said court, and together with the said oath be, by the clerk of said court, entered on the

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minutes. If the solicitor should be disqualified to act in any case, the judge shall appoint a solicitor pro tem. in said case. Qualifications of solicitor. Fees. Bond. Oath. SEC. 21. Be it further enacted, That the regular terms of said city court of Franklin shall be held quarterly, beginning on the second Monday in February, May, August and November of each year. The judge of said court shall have power to hold said court in session so long as in his judgment the same may be necessary, and to adjourn the same from one time to another as he may see proper. Terms. SEC. 22. Be it further enacted, That suits in said city court shall in all respects be conformable to the modes of proceeding in the superior court, except as herein provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of said city court of Franklin, or his deputy, and all executions issuing from said court shall be attested in the name of the judge of said court, signed by the clerk and directed to the sheriff, or his deputy, of the city court of Franklin, and all and singular the sheriffs and their deputies of the State of Georgia. Proceedings. SEC. 23. Be it further enacted, That in all matters pertaining to service and pleading and practice and other legal procedure, the laws governing in the superior court shall be applicable to said city court unless otherwise provided by this Act. Pleading and practice. SEC. 24. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and give judgment therein without the intervention of a jury; provided, that either party in any civil cause pending in said court shall, upon demand, be entitled to a trial by jury in all cases in which the parties may be entitled to a trial by a jury under the Constitution

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of this State, and provided, further, that the judge of said city court may on his own motion require and direct that any civil or criminal case pending in said court shall be tried by a jury. Jury trials, when. SEC. 25. Be it further enacted, That said city court shall have jurisdiction in all claim cases where personal property is levied on under process from said court, which claims shall be tried in the superior court, except that the pleadings in the case shall make the issue and it shall be unnecessary for the parties to tender and join issue in claim cases as is protected in other courts. Claim cases. SEC. 26. Be it further enacted, That all laws upon the subject of attachments and garnishments in the superior courts of this State, shall apply to said city court so far as the nature of the city court will permit. The judge of said city court or any other officer authorized by law to issue attachments may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the said city court of Franklin shall be directed to the sheriff of the city court of Franklin and his deputies, and to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court, his deputy, or any other officer authorized by law to levy attachments returnable to other courts. Attachments, garnishments, etc. SEC. 27. Be it further enacted, That the garnishment proceedings in said city court shall be conformable to the laws on the subject applicable in the superior courts. SEC. 28. Be it further enacted, That all proceedings to make parties in any cause in said city court shall conform to the laws on that subject in the superior court. SEC. 29. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations and all other legal procedure, examination

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of witnesses by interrogatories, deposition or otherwise, witnesses and their attendance, continuances, motions for new trials, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of said city court, unless otherwise herein provided. Suits, defenses, etc. SEC. 30. Be it further enacted, That the said city court of Franklin shall be a court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff of the superior court shall apply to him in said city court, except where they conflict with the provision of this Act. Court of record. SEC. 31. Be it further enacted, That all laws regulating the enforcement of judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied, and sales be made thereunder under the same rules and laws regulating the same in the superior court. Judgments, how enforced. SEC. 32. Be it further enacted, That the judge of the city court of Franklin shall have the power to enforce his orders, preserve order, punish for contempt, and enforce all his judgments in the same manner as judges of the superior court. Order preserved by judge. SEC. 33. Be it further enacted, That the traverse jurors in the city court of Franklin shall be procured in the following manner: The clerk of said court shall provide a city court jury box similar to the traverse jury box of the superior court, and shall write upon separate slips of paper the names of each person upon the grand jury list and the petit jury list of the superior court, and shall place said names in the city court jury box, from which shall be drawn the traverse juries to serve in said city court. All laws with reference to the drawing and summoning

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and the empaneling traverse jurors in the superior court shall apply to the city court of Franklin, and said city court judge shall have the same power to summon tales jurors for said city court as judges of the superior court. Jurors in said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are or may hereafter be paid. Traverse jurors. SEC. 34. Be it further enacted, That all laws in reference to the disqualification, empaneling, challenging, fining or in any wise regulating the same in the superior courts, shall apply to and be observed in said city court of Franklin, and all laws and rules governing the selection of jurors in the superior court shall apply to said city court unless otherwise provided by this Act. Disqualification, empaneling, etc., of jurors. SEC. 35. Be it further enacted, That all civil cases pending in said city court in which a jury is demanded by either party, or ordered by the judges as herein provided, a jury trial shall be had in term time under the provision of this Act by a jury of twelve men. All civil cases in which no jury is demanded, or ordered, shall be tried by the judge of said court in term time. Jury of twelve. SEC. 36. Be it further enacted, That the county commissioners of roads and revenues of Heard county shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to run said city court, and that said city court shall be held in the courthouse of Heard county, and the judge and solicitor and clerk and sheriff of said city court. Commissioners of roads and revenues to furnish dockets, etc. SEC. 37. Be it further enacted, That fines and forfeitures and convict hire arising from cases in said city court of Franklin shall be distributed and disposed of under direction and order of the judge of said court, entered on the minutes by the clerk of said court in the following manner: When any of such fund shall arise

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from either of said sources, it shall be applied, first to the payment of the costs, including costs of the convicting court of the particular case or cases in which it is collected, the balance then remaining shall be applied to the payment of such insolvent costs as may be due to the officers of said city court, and then if any surplus still remains, it shall be paid into the general fund of the county treasury. Moneys arising in like manner from cases transferred by the superior court to said city court, the same mode of distribution shall apply and the solicitor-general shall be entitled to participate therein for such cost as may be due him in such transferred cases. Fines and forfeitures, how distributed. SEC. 38. Be it further enacted, That upon the failure of the defendant to appear and answer to any charge of which he may stand accused in said city court at the time named in such bond as may be given for his appearance the said bond shall be forfeited under the same rules and regulations as criminal bonds are now forfeited in the superior court, and the order of forfeiture and scire facias shall issue on the said day of such non-appearance, and the fees of the officers of said city court in such cases shall be the same as are now allowed by law to officers of the superior court for like services, and the subsequent proceedings shall be the same as are now prescribed by law. Forfeiture of bonds. SEC. 39. Be it further enacted, That when execution or other process issued from said city court, shall be levied upon real estate, and a claim shall be filed to the property so levied upon, the said claim, together with such executive or other process, shall be returned for trial to the superior court of Heard county. Claim to real estate levied upon returned to superior court. SEC. 40. Be it further enacted That the judge of said court shall be authorized and empowered to appoint a stenographer for the reporting of any case or cases pending in said Court. The fees of such stenographer to be paid by the parties in civil cases in the same manner as now provided in the superior court, and shall be

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collected in the same manner. In no event shall the compensation of the stenographer be charged against the county of Heard. Stenographer. Fees. SEC. 41. Be it further enacted, That this Act shall not take effect, except that portion which provides for the election and commissioning of the judge and solicitor herein named which shall go into effect on first Wednesday in October, 1908, until the first day of January, 1909. When takes effect. SECTION 42. Repeals conflicting laws and parts of laws. Approved August 14, 1908. HOUSTON COUNTY, CITY COURT OF, ESTABLISHED. No. 362. An Act to establish a city court in and for the county of Houston; to define its powers, jurisdiction, procedure, and practice; to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof, and for other purposes. 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 the city court of Houston county be, and the same is, hereby created and established, to be organized, located and held in the city of Perry, Houston county, Ga., with civil and criminal jurisdiction over the whole county of Houston, concurrent with the superior court to try and dispose of all civil cases of whatever nature wherein the amount involved

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or claimed, inclusive of interest, is as much as fifty dollars, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Houston; that the jurisdiction herein conferred shall include not only the ordinance suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the superior courts, either under the common law or statute, including, among others, attachment and garnishment proceedings, illegalities, counter-affidavit to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issue upon distress warrants, foreclosures of all liens and mortgages and quo warrantos. City court of Houston county; jurisdiction. SEC. 2. Be it further enacted, That said city court of Houston shall have jurisdiction of all suits, regardless of the amount involved or claimed therein, brought to recover personal property or involving the title to personalty; and any and all provisions in this Act, limiting the jurisdiction of said court in civil cases as involve not less than fifty dollars shall not effect or apply to suits brought to recover personal property or involving the title to personalty. Suits involving personalty. SEC. 3. Be it further enacted, That said city court shall have concurrent jurisdiction with the superior court of all appeals and certioraries from all inferior courts in said county, except the court of ordinary, said appeals and certioraries to be had under the rules governing such remedies in the superior court. The said city judge is hereby given authority to sanction petitions for certiorari returnable to said city court. The writs of certiorari shall be issued in five days after filing the petition, and sanctioned and made returnable to the first quarterly term after twenty-five

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days from the date of said writ. As to everything else relating to certioraries the same rules shall apply as the superior court. Appeals shall be returned to the quarterly term and stand for trial at the first term after ten days from the time of entering the appeal. Certioraries. SEC. 4. Be it further enacted, That there shall be a judge of said court, who shall be appointed by the Governor, by and with the consent and advice of the senate, who shall hold his office for the term of four years, and all vacancies in the office of judge shall be filled by appointment by the Governor for the residue of the unexpired term, but should a vacancy occur when the senate shall not be in session, the Governor shall make appointment to fill such vacancy, and submit such appointment to the senate which shall thereafter convene. Provided, that at the regular election for county officers of said county to be held on the first Wednesday in October, 1910, there shall be elected in the same manner and by the qualified voters of said county of Houston a judge of said city court for a term of four years whose term shall commence at the expiration of the term of the judge first appointed under the provisions of this Section, and he shall be commissioned by the Governor for a term of four years, and until his successor is elected and qualified, and thereafter the term of office of said judge shall be four years, and he shall be elected by the qualified voters of Houston county, every four years from said first election, at the same time and in the same manner as other county officers of Houston county are elected, and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be commissioned for a term of four years instead of two. In case of a vacancy in said office of judge from death, removal, resignation or otherwise the Governor shall fill such vacancy by appointment of some fit and proper person to fill said vacancy. The judge of said city court shall receive a salary of twelve hundred dollars ($1,200.00) per annum,

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which shall neither be miminished nor increased during his continuance in office, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the county of Houston, and it shall be the duty of the ordinary of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Judge, appointment and salary. SEC. 5. Be it further enacted, That no one shall be eligible to the office of said judgeship unless he be, at the time of his qualification, at least twenty-six years of age and a resident of Houston county for four years immediately preceding his appointment or election and must also have been a practicing attorney-at-law four years preceding his appointment or election. He shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially perform and discharge all duties that may be required of me as judge of the city court of Houston county, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall be filed in the executive department. Qualifications. Oath. SEC. 6. Be it further enacted, That there shall be a solicitor of the said city court of Houston county, to be appointed by the Governor, with the approval of the Senate, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment in the like manner. If the senate be not in session at the time of said appointment or shall fail to act thereon, such appointment shall be subject to the confirmation of the senate at any session thereafter, and in the meantime the person appointed by the Governor shall hold

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and fill said office. Provided, that at the regular election for county officers of said county of Houston to be held on the first Wednesday in October, 1910, there shall be elected, in the same manner and by the qualified voters of said county a solicitor of said city court for a term of four years whose term shall commence at the expiration of the term of the solicitor first appointed under the provisions of this Section, and he shall be commissioned by the Governor for a term of four years and until his successor is elected and qualified, and thereafter the term of office of said solicitor shall be four years and he shall be elected by the qualified voters of Houston county every four years from said first election, at the same time and in the same manner as the other county officers of Houston county are elected, and he shall be commissioned by the Governor as such other officers are commissioned except that he shall be commissioned for a term of four years instead of two. In case of a vacancy in said office of solicitor from death, removal, resignation or otherwise, the Governor shall fill said vacancy by appointment of some fit and proper person to fill said vacancy. Solicitors, appointment, election, term of office. SEC. 7. Be it further enacted, That any person who shall be appointed or elected solicitor of said city court must, at the time of such appointment, or election be at least twenty-two years of age, must have been a resident of Houston county for two years, immediately preceding his appointment or election, and have practiced law at least two years before his appointment or election. Said solicitor before entering upon the duties of his office, shall give bond with good security, in the sum of one thousand ($1,000.00) dollars, conditioned for the faithful discharge of the duties of his office, and shall take and subscribe the following oath: I do solemnly swear that I will support and maintain the Constitution and laws of the State of Georgia and that I will faithfully and impartially and without fear, favor or affection, discharge my duties as solicitor of

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the city court of Houston county, so help me God, which oath shall be filed in said court and recorded on its minutes. Qualifications, bond and oath. SEC. 8. Be it further enacted, That for his service in said court the fees of the solicitor shall be as follows: He shall receive the same fees as are allowed by law to the solicitor-general for similar services in the superior court. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, and the hire of convicts sentenced therein, as herein-after provided. In the absence or disqualification of said solicitor, the city judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of said court. Compensation. SEC. 9. Be it further enacted, That it shall be the duty of the solicitor of said court to represent the State in the Supreme Court on all writs of error from said city court, for which service he shall be paid out of the treasury of the State the same sum paid solicitors-general for similar services. Duties and fees in Supreme Court. SEC. 10. Be it further enacted, That the clerk of the superior court of Houston county shall by virtue of his office be clerk of said city court, and shall perform in said city court the same duties that are by law required of him as an officer of the superior court, so far as the same does not conflict with the provisions of this Act. Before entering upon his duties the said clerk shall execute a bond in the sum of one thousand ($1,000.00) dollars payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of the said court, and entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify or to execute said bond, the judge of said city court is hereby authorized to appoint a clerk for said court. Clerk, duties, bond, etc.

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SEC. 11. Be it further enacted, That the sheriff of Houston county shall, by virtue of his office, be sheriff of said city court, before enterin on the discharge of the duties of his office he shall execute a bond, with good security, payable to the Governor in the sum of two thousand ($2,000.00) dollars, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the sheriff of Houston county shall fail to qualify as sheriff of the city court, the judge of said city court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint such deputies as the business of said court may require, who shall give bonds as are required of other deputy sheriffs. Sheriff, bond, deputies. SEC. 12. Be it further enacted, That the judge of the city court of Houston county is empowered to exercise the same authority over the clerk and sheriffs of said court as may be exercised by the judge of the superior court over the clerk and sheriffs in the superior courts of said State. Judge, authority over clerks and sheriffs. SEC. 13. Be it further enacted, That the fees of the clerk and sheriff of said court shall be the same as are now or may hereafter be allowed by law to the clerk of the superior court and to the sheriff of the county, except as hereinafter provided. In criminal cases where no indictment has been found, the clerk shall only receive three dollars. In civil cases, including claim cases, illegalities and appeals where the principal amount claimed or involved does not exceed one hundred ($100.00) dollars, the cost of the clerk for the entire service shall be two dollars and the sheriff's cost shall be one dollar for each copy delivered by him, and in cases where the principal amount does not exceed five hundred ($500.00) dollars, and is not less than one hundred ($100.00) dollars, the clerk's cost for the entire service

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shall be three dollars. For summoning juries at each term of court, the sheriff shall receive five dollars, and for their attendance at the regular term of said court the sheriff and clerk shall each receive two dollars per day, to be paid in the same manner as they are now paid for similar service in the superior court. Compensation of clerk and sheriff. SEC. 14. Be it further enacted, That the judge of the city court of Houston county shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, to take affidavits, and to issue any other writ, warrants, order or process, the power which is not given exclusively to some other court, judge or officer by the Constitution of this State, and said Judge, solicitor, clerk, sheriff and deputies shall have power to administer all oaths and do all other official Acts pertaining to their offices, respectively, as the judge and other officers in the superior court may in like cases do; said judge shall also have power to issue writs of habeas corpus, and hear and determine the same as judges of the superior courts may do, to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act; and said judge of the city court of Houston county shall have all the power and authority throughout his jurisdiction of judges of the superior courts of this State, except where, by the Constitution, exclusive power and authority are vested in the judges of the superior court; and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court so far as the same may be applicable, except as herein provided. Judge, powers of. SEC. 15. Be it further enacted, That the regular term of the said city court of Houston county shall be held

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quarterly, beginning on the third Monday in January, April, July and October of each year. The judge of said court shall have the power to hold said court in session so long as in his judgment the same may be necessary, and to adjourn the same from one day to another as he may see proper. Terms of court. SEC. 16. Be it further enacted, That suits in said court shall in all respects be conformable to the modes of proceeding in the superior court, except as herein provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Houston county, or his deputy, and all executions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to the sheriff or his deputies of the city court of Houston county, and all and singular the sheriffs or their deputies of the State of Georgia. Proceedings. SEC. 17. Be it further enacted, That in all matters pertaining to service and pleading and practice and other legal procedure, the laws governing in the superior court shall be applicable to said city court, unless otherwise provided in this Act. Pleading and practice. SEC. 18. Be it further enacted, That the judge of said city court shall have the power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil cause pending in said court shall, upon demand, be entitled to a trial by jury, in all cases in which said parties may be entitled to a trial by jury under the Constitution and laws of the State. Trials. SEC. 19. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim shall be tried in the same manner as claims in

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the superior court, except that the pleadings in the case shall make issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claims to personalty. SEC. 20. Be it further enacted, That all laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior court, and all attachments returnable to the city court of Houston county shall be directed to the sheriff of the city court of Houston county and to all and singular, the sheriffs and constables of this State, and may be served by the sheriff of the city court, or his deputy, or any sheriff or constable or other officer, authorized by law to levy attachments returnable to other courts. Attachments, garnishments. SEC. 21. Be it further enacted, That the garnishment proceedings in the city court shall be conformable to the laws on the subject applicable to the superior court. Garnishment proceedings. SEC. 22. Be it further enacted, That all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the superior court. Parties, how made. SEC. 23. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegalities, arbitrations and all other legal procedure, examination of witnesses by interrogatories, depositions or otherwise, witnesses on their attendance, continuances, motions for new trial and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of the city court, shall be applicable to said city court, unless otherwise provided. Suits, defenses, etc.

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SEC. 24. Be it further enacted, That said city court of Houston county shall be a court of record, and shall have a seal and minutes, dockets, records and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court, and in the same manner; and all laws applicable to the duty of the clerk and sheriff of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act. Court of record, dockets, minutes, etc. SEC. 25. Be it further enacted, That all laws regulating the enforcement of the judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales had thereunder under the same rules and laws regulating the same in the superior court. Judgments, how enforced. SEC. 26. Be it further enacted, That the judge of the city court of Houston county shall have power to enforce his orders, preserve order, punish for contempt and to enforce all his judgments in the same manner as judges of the superior court. Judge, power to preserve order. SEC. 27. Be it further enacted, That the traverse jurors in the city court of Houston county shall be procured in the following manner: The clerk of said court shall provide a city court jury-box, similar to the traverse jury-box of the superior court, and shall write upon separate pieces of paper the name of each person upon the grand jury and petit jury list of the superior court, and shall place said names in the city court jury-box, from which shall be drawn the traverse jurors in the city court, all laws with reference to the drawing and summoning and impaneling traverse jurors in the superior court shall apply to the city court of Houston county; provided, that the number of jurors so drawn shall be eighteen instead of thirty-six, as provided for in the superior courts; and said city court judges shall have the same power to summons tales jurors for the city court that the judges of the superior courts have

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for the superior courts. Jurors in the said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are or may hereafter be paid. Juries, how selected. Per diem. SEC. 28. Be it further enacted, That all laws with reference to the disqualification, impaneling, challenging, fining, or in anywise relative to jurors, now in force or hereafter to be enacted, regulating the same in superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by a jury, the parties shall be entitled to eighteen jurors from which to strike. In all civil cases each party shall be entitled to three peremptory challenges, and in criminal cases the defendant shall be entitled to four peremptory challenges and the State two, and all laws and rules governing the selection of jurors in the superior courts shall apply to the city court, unless otherwise provided in this Act. Juries, disqualification, empancling, etc. SEC. 29. Be it further enacted, That in all civil cases pending in said court, in which a jury is demanded by either party, a jury trial shall be had in the term time under the provisions of this Act by a jury of twelve men. All civil cases in which no jury is demanded by either party shall be tried by the court in term time. All criminal cases shall be tried by the court either in term time or in vacation, and said court shall be open for the trial of criminal cases at all times. If at any time a defendant shall demand a trial by jury, and no jury shall then be in attendance upon the court, the said defendant shall be admitted to bail for his appearance at the next regular term of said city court, when said cases shall be tried by jury as herein provided. Trials. SEC. 30. Be it further enacted, That defendants in criminal cases in said city court of Houston county may

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be tried on written accusation founded on affidavit, which accusation shall be signed by the prosecuting officer of said court, and any person charged with an offense within the jurisdiction of said city court shall have the right to demand indictment by the grand jury of Houston county before trial. Provided, said right has not been waived in writing. Accusation and indictment. SEC. 31. Be it further enacted, That if, after hearing the evidence on any trial, it shall appear to the court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued, and the accused committed or bound over to the next superior court, according to the law of bail and commitment, and the proceedings shall be transmitted to the superior court. Jurisdiction, want of, what done. SEC. 32. Be it further enacted, That the judge of the superior court may send down from the superior court of Houston county to said city court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transferring such cases shall be entered on the minutes of both of said courts; provided, this Section shall not apply to those presentments or indictments under which no arrests have been made, or those under which arrests have been made and the bond of the defendant forfeited. Cases sent down from superior court. SEC. 33. Be it further enacted, That the judge of the city court may, in his discretion, pass an order transferring to the superior court of Houston county for trial any criminal case in which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Transfer of cases. SEC. 34. Be it further enacted, That the judge of said court shall have the same power to appoint baliffs at any term of the court that the judges of the superior court have. Bailiffs.

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SEC. 35. Be it further enacted, That writs of error shall be from the city court of Houston county to the Supreme Court and Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions and the issue of writs of error in the superior courts of this State. Writs of error. SEC. 36. Be it further enacted, That no judgment, order, sentence, or decree of the said city court, or the judges thereof, shall be reviewed by writ of certiorari. No certiorari from. SEC. 37. Be it further enacted, That the judge of the city court of Houston county shall have the power to grant new trials in all cases, civil and criminal, in said court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions for new trials in the superior courts, and the hearing and the termination thereof, in vacation or term time, shall apply and govern the same in said city court; provided that when a criminal case is heard at other than the regular term time of said court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause shown; further time may, by order, be granted, in the discretion of the judge of said court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. SEC. 38. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all laws, rules and practice in the superior courts with reference to the terms thereof shall apply to the city court of Houston county, unless otherwise provided in this Act; provided, that all civil

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cases in said court, where the principal sum claimed or involved does not exceed one hundred dollars, shall be triable at the first term after service has been duly had on the defendant, and shall then be heard and determined, unless continued in the manner provided by law; and in such cases should no defense or plea be filed on the first day of the first term, or should such defense or plea be stricken by the court, a judgment may be rendered by the court or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court. Terms, appearance, trial. SEC. 39. Be it further enacted, That whenever the judge of said city court, for any cause, is disqualified from presiding in any case, and the judge of the superior court shall fail to preside in said court as provided in the Constitution of this State, or is not present when said case is called on the docket, then, upon consent of parties, or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge pro hac vice. SEC. 40. Be it further enacted, That the ordinary or county commissioners of said county shall have power and authority to hire the convicts of said city courts, under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and the money arising from such hire shall be disposed of as follows: The officers of said court shall first be paid their costs in each case from the funds derived from the hire of each convict, and the balance of such funds received from the hire of such convict shall be paid into the county treasury and belong to the county of Houston. The fines and forfeitures shall first be applied to the payment of the costs in each case and the balance arising from such fines and forfeitures shall constitute a part of the insolvent fund of said court and shall be paid out by the judge of said city court as provided in Section 788 of Volume 3 of the Code of Georgia of 1895. Convicts, disposition of.

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SEC. 41. Be it further enacted, That the ordinary of Houston county, or other proper authority, shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to run said city court, and that said city court shall be held in the courthouse of Houston county, or such other place in the city of Perry as the superior court of said county may be held. Dockets, minutes, etc. SEC. 42. Be it further enacted, That the several justices of the peace of the county of Houston in admitting defendants to bail in misdemeanor cases, and all other officers or parties taking bond for the appearance of any defendant who stands charged with a misdemeanor, shall make the same returnable to the city court of Houston county, to be tried on the next Monday at 10 o'clock a. m., succeeding and following such commitment. Justices of the peace, binding over. SEC. 43. Be it further enacted, That upon the failure of the defendant to appear and answer to any charge he may stand accused of in said city court at the time named in the bond, said bond shall be forfeited under the same rules and regulation as bonds are now forfeited in the superior court, and the order of forfeiture and scire facias shall issue on said day of non-appearance, and the fees of the officers of said court in such cases shall be the same as are allowed by law to officers of the superior court for his services, and the subsequent proceedings shall be the same as now prescribed by law. Forfeiture of bond. SEC. 44. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Houston county shall be, and are, hereby transferred to said city court of Houston county, and the same shall be placed upon the proper dockets in said city court. All final and other processes now in the hands of the sheriff, baliffs or other officers which are made returnable to the county court shall be by them returned to said city court, instead of said county court.

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The judge and the other officers of said city court shall have the power and authority to issue and enforce, in the name of said court, any and all processes in any case from the county court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the county court; all records, books and papers disposed of and of file in said county court shall be filed and deposited with the clerk of the city court; all fi. fas., and final processes not satisfied now in the hands of the sheriff of said county shall be levied and enforced by the sheriff of said city court, and returns thereof made in said city court. Cases transferred from superior court. SEC. 45. Be it further enacted, That this Act shall take effect upon the approval of an Act of the present General Assembly amending the charter of the town of Perry, Houston county, said State, but this Act shall not become effective until the Act above mentioned shall have become a law. Act takes effect, when. SEC. 46. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1908. MADISON COUNTY, CITY COURT OF, ABOLISHED. No. 565. An Act to abolish the city court of Madison county, to provide that all cases pending therein and all unfinished business, books, papers and records thereof, be

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transferred to city court of Danielsville, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That as soon as this Act shall go into effect, as hereinafter provided, the city court of Madison county, established by recommendation of the grand jury under an Act approved Oct. 19, 1891, shall be abolished. City court Madison county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases pending in said city court of Madison county shall be transferred to the city court of Danielsville, to be disposed of as other cases therein. Cases transferred to city court of Danielsville. SEC. 3. Be it further enacted by the authority aforesaid, That all mesne and final process from the city court of Madison county, which has not been executed shall be returnable to the city court of Danielsville, and all claims, illegalities, and other issues arising from the execution of such process, shall be returnable as though such process had issued from the city court of Danielsville. Processes returned to city court Danielsville. SEC. 4. Be it enacted by the authority aforesaid, That all mesne and final process from the city court of Madison county not executed when this Act goes into effect, may be executed by the officers having the authority to execute similar papers from the city court of Danielsville. Processes not executed. SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the city court of Madison county shall be turned over to the clerk of the city court of Danielsville. Dockets, minutes, etc., disposition of. SEC. 6. Be it further enacted by the authority aforesaid, That this Act shall go into effect on the first day of January, 1909. SEC. 7. 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. Approved Aug. 17, 1908.

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MILLER COUNTY, CITY COURT OF, ABOLISHED. No. 360. An Act to repeal an Act establishing the city court of the county of Miller, approved the 16th day of August, 1905, to provide for the disposition of matters therein pending, and all papers, fi. fas., and other papers therein pending, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the above recited Act be, and the same is, hereby repealed; and the city court of Miller county established under the laws of Georgia, 1905, Folio 291 to 302 is hereby abolished. City court of Miller county abolished. SEC. 2. Be it further enacted, That all mesne and final process from the city court of Miller county, which had not been executed at the time this Act takes effect, shall be returnable to the city court of Miller county established under Act of 1908, and all claims and illegalities and other issues arising from the execution of such process shall be returnable as though such process had issued from the original city court of Miller county, shall be returned to the city court of Miller county established under this Act. Processes, where returnable. SEC. 3. Be it further enacted, That all dockets, minutes, records, books and papers of the city court of Miller county established under the Acts of 1905, approved August 16, Folio 291 to 302, shall be turned over to the clerk of the city court of Miller county established under the laws of 1908. Dockets, minutes, etc., disposition of. SEC. 4. Be it further enacted, That this Act shall not take effect until January 1st, 1909, except there shall be a judge and solicitor for the city court of Miller county elected in 1908 at the same time and place, and under the same rules as members of the General Assembly

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are now elected, and to go into office on January 1st, 1909. Act takes effect, when. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1908. MILLER COUNTY, CITY COURT OF, ESTABLISHED. No. 365. An Act to establish the city court in and for the county of Miller, to provide for the election and qualification of the judge and solicitor of said court, to define the powers and duties of the judge and solicitor of said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court of Miller county be, and the same is, hereby created and established, to be organized, located and held in the city of Colquitt, Miller county, Georgia, with civil and criminal jurisdiction over the whole county of Miller, concurrent with the superior court to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Miller; that the jurisdiction herein conferred

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shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the superior courts, either under the common law or statute, including among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings, intruders and tenants holding over, petitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages and quo warranto. City court of Miller county, jurisdiction. SEC. 2. Be it further enacted, That said city court of Miller shall have jurisdiction of all suits, regardless of the amount involved or claimed therein, brought to recover personal property or involving the title to personalty; and any and all provisions in this Act limiting the jurisdiction of said court in civil cases as involve not less than fifty dollars shall not affect or apply to suits brought to recover personal property or involving the title to personalty. Suits involving personalty. SEC. 3. Be it further enacted, That for his services in said court the fees of the solicitor shall be as follows: For every case finally disposed of in said court, founded upon accusations, ten ($10.00) dollars; for every indictment or special presentment finally disposed of in said court, ten ($10.00) dollars, and for all services for which this Section does not provide, he shall receive the same fees as are allowed by law to the solicitor-general for similar services in the superior court. Provided, however, that said solicitor shall receive no fee at all unless there is a plea of guilty or a conviction. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, and the hire of convicts sentenced therein, as hereinafter provided. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly elected solicitor of said court. Solicitor, compensation of.

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SEC. 4. Be it further enacted, That it shall be the duty of the solicitor of said court to represent the State in the Supreme Court or Appellate Court on all writs of error from said city court, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar service. Solicitor, duties of, in Supreme Court and Court of Appeals. Compensation. SEC. 5. Be it further enacted, That the clerk of the superior court of Miller county shall, by virtue of his office, be clerk of said city court, and shall perform in said city court the same duties that are by law required of him as an officer of the superior court, so far as the same does not conflict with the provisions of this Act. Before entering upon his duties the said clerk shall execute a bond in the sum of one thousand dollars, payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of the said court, and entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify or to execute said bond, the judge of said city court is hereby authorized to appoint a clerk for said court. Clerk, duties, bond. SEC. 6. Be it further enacted, That the sheriff of Miller county shall, by virtue of his office, be sheriff of said city court. Before entering on the discharge of the duties of his office he shall execute a bond, with good security, payable to the Governor in the sum of two thousand ($2,000.00) dollars, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the sheriff of Miller county shall fail to qualify as sheriff of the city court, the judge of said court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint such deputies as the business of said court may require,

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who shall give such bonds as are required of other deputy sheriffs. Sheriff, bond, deputies. SEC. 7. Be it further enacted, That the judge of the city court of Miller county is empowered to exercise the same authority over the clerk and sheriff and deputy sheriffs of said court as may be exercised by the judge of the superior court over the clerk and sheriff and deputy sheriffs in the superior courts of said State. Judge, authority over clerk and sheriff. SEC. 8. Be it further enacted, That the fees of the clerk and sheriff of said court shall be the same as are now or may hereafter be allowed by law to the clerk of the superior court and to the sheriff of the county, except as hereinafter provided. In criminal cases where no indictment has been found the clerk shall only receive three dollars. In civil cases, including claim cases, illegalities and appeals where the principal amount claimed or involved does not exceed one hundred dollars, the cost of the clerk for the entire service shall be two dollars and the sheriff's cost shall be one dollar for each copy delivered or served by him, and in cases where the principal amount does not exceed five hundred dollars and is not less than one hundred dollars, the clerk's cost for the entire service shall be three dollars. For summoning juries at each term of said court, the sheriff shall receive five dollars, and for their attendance at the regular terms of said court the sheriff and clerks shall each receive two dollars per day, to be paid in the same manner as they are now paid for similar service in the superior court. Sheriff's compensation SEC. 9. Be it further enacted, That the judge of the city court of Miller county, shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, to take affidavits, and to issue any other writ, warrants, order or process, the power which is not given exclusively to some other court, judge or officer by the Constitution of this State, and

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said judge, solicitor, clerk, sheriff and deputies shall have power to administer all oaths and do all other official acts pertaining to their offices, respectively, as the judge and other officers of the superior court may in like cases do; said judge shall also have power to issue writs of habeas corpus, and hear and determine the same as judges of the superior court may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act; and said judge of the city court of Miller county shall have all the power and authority throughout his jurisdiction of judges of the superior courts of this State, except where, by the Constitution, exclusive power and authority are vested in the judges of the superior court; and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court so far as the same may be applicable, except as hereinafter provided. Judge, powers of. SEC. 10. Be it further enacted, That suits in said court shall in all respects be conformable to the modes of proceeding in the superior court, except as herein provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Miller county, or his deputy, and all executions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to the sheriff or his deputy of the city court of Miller county, and all and singular the sheriffs or their deputies of the State of Georgia. Proceedings. SEC. 11. Be it further enacted, That in all matters pertaining to service and pleading and practice and other legal procedure, the law governing in the superior court shall be applicable to said city court, unless otherwise provided in this Act. Pleading and practice.

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SEC. 12. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil or criminal case pending in said court shall, upon demand, be entitled to a trial by jury, in all cases in which said parties may be entitled to a trial by jury under the Constitution and laws of the State. Trials. SEC. 13. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim shall be tried in the same manner as claims in the superior court, except that the pleadings in the case shall make issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claims to personalty. SEC. 14. Be it further enacted, That all laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior court, and all attachments returnable to the city court of Miller county shall be directed to the sheriff of the city court of Miller county and to all and singular the sheriffs and constables of this State and may be served by the sheriff of the city court, or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments, garnishments. SEC. 15. Be it further enacted, That the garnishment proceeding in the city court shall be conformable to the laws on the subject applicable to the superior court. Garnishments.

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SEC. 16. Be it further enacted, That all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the superior court. Parties, how made. SEC. 17. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations and all other legal procedure, examination of witnesses by interrogatories, deposition or otherwise, witnesses and their attendance, continuance, motions for new trial, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of the city court, shall be applicable to said city court, unless otherwise provided. Pleadings and practice. SEC. 18. Be it further enacted, That said city court of Miller county shall be a court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required by law to be kept for the superior court shall be kept in and for the said city court, and in the same manner; and all laws applicable to the duty of the clerk and sheriff of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 19. Be it further enacted, That all laws regulating the enforcement of the judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales had thereunder under the same rules and laws regulating the same in the superior court. Judgments, how enforced. SEC. 20. Be it further enacted, That the judge of the city court of Miller county shall have power to enforce his orders, preserve order, punish for contempt and to enforce all of his judgments in the same manner as judges of the superior court. Contempt. SEC. 21. Be it further enacted, That the traverse jurors in the city court of Miller county shall be procured in the following manner: The clerk of said court

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shall provide a city court jury-box, similar to the traverse jury-box of the superior court, and shall write upon separate pieces of paper the name of each person upon the grand jury and petit jury list of the superior court of Miller county, and shall place said names in the city court jury-box, from which shall be drawn the traverse jurors in the city court. All laws with reference to the drawing and summoning and impaneling traverse jurors in the superior court shall apply to the city court of Miller county; provided, that the number of jurors so drawn shall be twenty-four instead of thirty-six, as provided for in the superior courts; and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in the said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are or may hereafter be paid. Traverse jurors. SEC. 22. Be it further enacted, That all laws with reference to the disqualification, impaneling, challenging, fining, or in any wise relative to jurors, now in force or hereafter to be enacted, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by a jury, the parties shall be entitled to twenty-four jurors from which to strike. In all civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and all laws and rules governing the selection of jurors in the superior courts shall apply to the city court, unless otherwise provided in this Act. Jurors, how selected. SEC. 23. Be it further enacted, That defendants in criminal cases in said city court of Miller county may be tried on written accusation founded on affidavit other than the solicitor of said court which accusation shall

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also be signed by the prosecutor. No person charged with an offense within the jurisdiction of said city court shall have the right to demand indictment by the grand jury of Miller county before trial. Accusation and indictment. SEC. 24. Be it further enacted, That if, after hearing the evidence on any trial, it shall appear to the court that the offense is beyond the jurisdiction thereof, the trial shall be discountinued, and the accused committed or bound over to the next superior court, according to the law of bail and commitment, and the proceeding shall be transmitted to the superior court. Felonies. SEC. 25. Be it further enacted, That the judge of the superior court may send down from the superior court of Miller county to said city court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of said courts; provided, this Section shall not apply to those presentments or indictments under which no arrests have been made or those under which arrests have been made and the bond of defendant forfeited. Transfer from superior court. SEC. 26. Be it further enacted, That the judge of the city court may, in his discretion, pass an order transferring to the superior court of Miller county for trial any criminal cases in which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Transfer to superior court. SEC. 27. Be it further enacted, That the judge of said court shall have the same power to appoint bailiffs at any term of the court that the judges of the superior courts have. Bailiffs. SEC. 28. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all laws, rules and practice in the superior courts with reference to the

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terms thereof shall apply to the city court of Miller county, unless otherwise provided in this Act; provided, that all civil cases in said court, where the principal sum claimed or involved does not exceed one hundred dollars, shall be triable at the first term after service has been duly had on the defendant, and shall then be heard and determined, unless continued in the manner provided by law; and in such cases should no defense or plea be filed on the first day of the first term, or should such defense or plea be stricken by the court, a judgment may be rendered by the court or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court. Appearance and trial terms. SEC. 29. Be it further enacted, That whenever the judge of said city court, for any cause, is disqualified from presiding in any case, and the judge of the superior court shall fail to preside in said court as provided in the Constitution of this State, or is not present when said case is called on the docket, then, upon consent of parties, or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge, pro hac vice. SEC. 30. Be it further enacted, That the ordinary or county commissioners of said county shall have power and authority to hire the convicts of said city court, under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and the money arising from such hire shall constitute a part of the insolvent fund of said court, and shall be paid out by said judge, together with fines and forfeitures, as provided in Section 788 of Volume 3 of the Code of Georgia of 1895 which said Section is hereby made applicable in its provisions to the city court of Miller county. Convicts, disposition of. SEC. 31. Be it further enacted, That the ordinary of Miller county, or other proper authorities, shall provide

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the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to run said city court, and that said city court shall be held in the courthouse of Miller county, or such other place in the city of Colquitt as the superior court of said county may be held. Courthouse, records, etc. SEC. 32. Be it further enacted, That the several justices of the peace of the county of Miller in admitting defendants to bail in misdemeanor cases, and all other officers or parties taking bond for the appearance of any defendant who stands charged with a misdemeanor, shall make the same returnable to the city court of Miller county, to be tried on the next Monday at 10 o'clock a. m., succeeding and following said commitment, provided a jury trial is waived in writing by the defendant. Appearance bonds. SEC. 33. Be it further enacted, That upon the failure of the defendant to appear and answer to any charge he may stand accused of in said city court at the time named in the bond, said bond shall be forfeited under the same rules and regulations as bonds are now forfeited in the superior court, and the order of forfeiture and scire facias shall issue on said day of nonappearance, and the fees of the officers of said court in such cases shall be the same as are allowed by law to officers of the superior court for like service, and the subsequent proceedings shall be the same as now prescribed by law. Forfeiture of bonds. SEC. 34. Be it further enacted, That there shall be a judge of said court, who shall be elected by the qualified voters of Miller county at the same time and under the same rules and regulations as members of the General Assembly are now elected. The judge of said city court shall be elected at the next election held in the year 1908 for members of the General Assembly of Georgia, and the judge of said city court shall receive a salary of six hundred ($600.00) dollars per annum, which salary shall neither be increased or diminished

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during his term of office. The judge of said city court shall hold his office for the term of two years, beginning on January the first, 1909. The salary of said judge shall be paid quarterly by the treasurer of Miller county, and it shall be the duty of the ordinary of said county or other proper authority controlling county matters to make provision annually in levying the taxes for this purpose. Said judge shall receive no other compensation for his services, but may practice law in any of the courts of this State except the city courts and county courts. Judge, election, terms, salary. SEC. 35. Be it further enacted, That no one shall be eligible to the office of said judgeship unless he be at the time of his election at least twenty-six years of age, and a resident of Miller county for four years immediately preceding his election, and shall have practiced law five years before his election. He shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Miller county, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall be filed in the Executive Department of this State. Qualifications. SEC. 36. Be it further enacted, That there shall be a solicitor of the city court of Miller county elected under the same rules and manner and at the same time and place as the judge of the city court of Miller county is elected, as prescribed in Section 34 of this Act. Solicitor, election, qualifications, bond, oath. That the solicitor of said city court shall be at least twenty-one years of age and a resident of Miller county for two years immediately preceding his election, and shall have practiced law one year immediately preceding his election.

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Said solicitor before entering upon the duties of his office shall give bond with good security, payable to the Governor of said State of Georgia, and his successors in office, in the sum of one thousand ($1,000.00) dollars conditioned for the faithful discharge of the duties of his office and shall take and subscribe the following oath: I do solemnly swear that I will support and maintain the Constitution of the State of Georgia, and that I will faithfully and impartially, without fear, favor or affection, discharge my duties as solicitor of the city court of Miller county, so help me God, which oath shall be filed with the clerk of the city court of Miller county, and recorded on the minutes of said court. SEC. 37. Be it further enacted, That the judge and solicitor of the city court of Miller county shall hold their office for four years, beginning on January 1st, 1909. Terms of judge and solicitor. SEC. 38. Be it further enacted, That the said city court shall be opened in the courthouse in the city of Colquitt on Monday morning of each week for the transaction of criminal business without a jury, and no judicial business shall be transacted at any other place except in the courthouse in Miller county after the court has been formally opened by the sheriff or deputy sheriff of said court, or bailiff, appointed by the judge of said court. All trials at courthouse in Miller county. SEC. 39. Be it further enacted, That the regular terms of the said city court of Miller county shall be held quarterly, beginning on the second Monday in March, June, September and December of each year. The judge of said court shall have power to hold said court in session at each term thereof as long as the business of said court demands it, and to adjourn said court over from day to day. Terms. SEC. 40. Be it further enacted, That all civil and criminal cases pending in said court in which a jury

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is demanded by either party, a jury trial shall be had at the term of said court at which time the demand is made, by a jury of twelve men. All civil cases, as well as criminal cases, in which no jury is demanded by either party, shall be tried by the court without a jury. If at any time a plaintiff or defendant should demand a trial by jury, and no jury shall then be in attendance on the court, the case shall be continued until the next regular term of said court at which time said case shall stand ready for trial, and shall be tried unless continued according to law. Trials. SEC. 41. Be it further enacted, That the judge of the city court of Miller county shall have power to hear and grant motions for new trials in all cases tried in said court upon the same terms and conditions, and under the same rules and law regulating and governing the granting of new trials by the judges of the superior courts of this State. New trials. All rules of pleading, practice and procedure governing motions for new trials in the superior courts of Georgia, shall apply and govern the same in said city court. Practice. SEC. 42. Be it further enacted, That all civil and criminal cases pending and disposed of in the city court of Miller county established under an Act of the legislature as embodied in the Acts of 1905, Folio 291 to 302, approved August 16, 1905, shall be and are hereby transferred to the city court of Miller county, created under this Act, and the same shall be placed upon the proper docket in said city court. All final and other processes in the hands of the sheriff, bailiffs or other officers of the city court created under the Act approved August 16, 1905, which are made returnable to the city court created under that Act, shall be, by said officers, returned to the city court created under this Act. The judge and other officers of said city court shall have power and authority to issue and enforce in the name of said court, created under this Act, any and all processes

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in any case from the city court created under the Act of 1905, to the final disposition of the same, which from any cause has not been issued and enforced by the officers of the city court of Miller county created under the Act of 1905, approved August 16th. All records, books, papers, fi. fas., executions, judgments, and any other paper or papers or documents of file in the city court of Miller county created under the Act of 1905 above referred to shall be filed and deposited with the clerk of the city court created under this Bill: All fi. fas., and final processes not satisfied now in the hands of the sheriff or other officer of the city court of said county, created under the Act of 1905, shall be levied and enforced by the sheriff of the city court of Miller county created under this Act, and return thereof made in said city court. Transfer of cases from old to new court, processes, etc. SEC. 43. Be it further enacted, That this Act shall not take effect until January the first, 1909, except in so far as to the election of the judge and solicitor of said court as herein provided. Act takes effect, when. SEC. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1908. MONTICELLO, CITY COURT OF, ACT CREATING AMENDED. No. 504. An Act to amend an Act entitled An Act to establish the city court of Monticello in and for the county of Jasper; to define its jurisdiction and powers; to provide for the selection of a judge and solicitor and other officers thereof, and to define their powers and duties; to provide

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for the selection of a judge and solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for writs of error therefrom and for other purposes, approved August 21, 1906, and for other purposes. 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 Section 6 of an Act entitled An Act to establish the city court of Monticello, in and for the county of Jasper; to define its jurisdiction and powers; to provide for the selection of a judge and solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for writs of error therefrom and for other purposes, approved August 21, 1906, be and the same is hereby amended by adding at the end of said Section the following: In the event the solicitor of said court is counsel of record for any defendant to be tried in said court, before the beginning of his term of office, it shall be lawful for him to continue to represent such defendant in said court during his term of office, and it shall be the duty of the judge of said court to appoint a solicitor pro tem. to represent the State in such cases, so that said Section 6 of said Act when amended shall read as follows: Section 6. Be it further enacted, That there shall be a solicitor of said city court of Monticello, who shall be elected in the same manner as provided for the election for judges of the city court of Monticello in this Act. No person shall be eligible to the office of solicitor of the city court of Monticello who shall not have attained to the age of twenty-five years, and who has not been a practicing attorney for three years next preceding his election, and who has not resided in the county of Jasper three years next preceding his election. He shall before entering upon the duties of his office take an oath of office required of solicitors-general. The fees of the solicitor of the city court of Monticello

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shall be the same as the fees of the solicitor-general for like services in the superior court. In the event the solicitor of said court is counsel of record for any defendant to be tried in said court, before the beginning of his term of office, it shall be lawful for him to continue to represent such defendant in said court during his term of office, and it shall be the duty of the judge of said court to appoint a solicitor pro tem. to represent the State in such cases. City court of Monticello amended. Solicitor pro tem. Election of Solicitor. Qualifications and oath. Compensation. SEC. 2. Be it further enacted, That Section 46 of the above recited Act be, and the same is, hereby amended by inserting between the word term and the word and in the third line of said Section, the following words: Provided, always, where any case is in default, the plaintiff shall be entitled at the first or return term, on the call of the appearance docket, to take a verdict or judgment as the case may require, so that said Section when amended shall read as follows: Section 46. Be it further enacted that the first term of said court to which a case is brought shall be the appearance or return term; the second shall be the trial term or judgment term; provided, always, where any case is in default, the plaintiff shall be entitled at the first or return term, on the call of the appearance docket, to take a verdict of judgment as the case may require and all the laws, rules and practice in said court with reference to the term thereof, and to the continuances, pleading and trials of causes therein, shall be the same as in the superior court, unless otherwise provided in this Act. Default judgments. Trial term. SEC. 3. Be it further enacted, That Section 50 of the above recited Act be, and the same is, hereby amended by striking from said Section the following words commencing in the tenth line of said Section and continuing to the end thereof, to-wit: As in the superior court of this State. In all other respects, the fines and forfeiture funds arising in said city court of Monticello shall be paid out in the same manner as like funds in

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the superior court, and inserting in lieu thereof the following words, to-wit: Unless otherwise provided in this Act, the fines and forfeiture funds arising in said city court of Monticello shall be paid out in the same manner as like funds in the superior court. The clerk of the city court of Monticello is hereby made the custodian of the fines and forfeiture funds arising in said city court of Monticello, to whom all fines and forfeitures shall be paid, and who shall pay out same to the officers entitled thereto upon the order of the judge of said city court of Monticello. So that said Section 50 of said above recited Act when amended shall read as follows: Section 50. Be it further enacted, That within five days from the adjournment of any term of the court, it shall be the duty of the sheriff to make out a bill for all insolvent costs due to him and to the county, and present the same for the approval of the judge; and in like manner the solicitor and the clerk shall make out their accounts for insolvent costs due them, and when approved, the same shall be entered upon the minutes of said court. The same shall be a lien upon all fines and forfeitures arising in said court, and shall be paid out by order of the judge to each of the officers of said court, and to justices of the peace and constables. Unless otherwise provided in this Act the fines and forfeiture funds arising in said city court of Monticello shall be paid out in the same manner as like funds in the superior court. The clerk of the city court of Monticello is hereby made the custodian of the fines and forfeiture funds arising in said city court of Monticello, to whom all fines and forfeitures shall be paid, and who shall pay out same to the officers entitled thereto upon the order of the judge of said city court of Monticello. Fines and forfeitures. Insolvent costs. Custodian of fines and forfeitures. SEC. 4. Be it further enacted, That Section 51 of the above recited Act be and the same is hereby amended by striking from said Section the word sheriff and inserting in the place thereof the word clerk. So that said Section 51 when amended shall read as follows: Section 51. That in all cases where costs due the

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county and moneys due the county arising from fines and forfeitures shall be collected by the clerk and paid over to the county treasurer for general purposes. And it shall be the duty of the clerk to collect all costs and moneys due to justices of the peace and notaries public and constables and pay over the same to the respective officers entitled thereto. Clerk shall collect fines, etc. SEC. 5. Be it further enacted, That in each and every case where a convict sentenced from said city court of Monticello is taken charge of by the county authorities of Jasper county and by them put to work on the roads of said county or other public works of any kind, it shall be the duty of the county commissioners of said county at the next regular meeting after the reception of such convict, to order paid over to the clerk of said city court of Monticello by the treasurer of said county, and it shall be the duty of the treasurer to pay over, the sum of $5.55 (five and 55/100 dollars) for each month said convict is sentenced, which sum shall be by the clerk of said city court applied first to the payment of the costs of the officers of said court, including constables and justices of the peace, in the particular case, and the balance if any, to be distributed among the officers of said city court upon their insolvent cost bill pro rata and in this balance the county of Jasper shall not share. Convicts, disposition of. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1907.

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MOULTRIE, CITY COURT OF, ACT CREATING, AMENDED. No. 450. An Act to amend an Act entitled an Act to establish a city court of Moultrie, in the city of Moultrie, in and for the county of Colquitt, to define its jurisdiction and powers; to provide for the appointment of a judge and officers thereof; to define the powers of the judge and other officers thereof, and for other purposes (approved November 13th, 1901) and Acts amendatory thereof (approved Dec. 17th, 1902, July 30th, 1903 and Aug. 20th, 1906) and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved November 13th, 1901 and published on pages 136 to 145 of Georgia Laws 1901 and Acts amendatory thereof, be and the same is hereby amended so as to provide for the election of the judge and solicitor thereof by the people and to limit the fees of the solicitor thereof and for other purposes. City court of Moultrie, Judge and solicitor elected by people. Solicitor's fees. SEC. 2. Be it further enacted, That at the general election to be held on the first Wednesday in October, 1910, there shall be elected by the qualified voters of Colquitt county a judge of the city court of Moultrie, whose term of office shall be four years from January 1st, 1911. Every four years thereafter there shall likewise be elected a judge of said city court for a term of four years, and who shall hold office until his successor is elected and qualified. Judge, election, term of office. SEC. 3. Be it further enacted, That at the general election in October, 1910, there shall be elected a solicitor of the city court of Moultrie, whose term of office shall

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be two years from January 1st, 1911. At the general election to be held on the first Wednesday in October, 1912, and every four years thereafter, there shall be elected a solicitor of said city court whose term of office shall be four years. The term of office of the first solicitor elected thereunder shall be two years and the term of office of all subsequent solicitors elected hereunder shall be four years and until his successor is elected and qualified. Solicitor, election, term of office. SEC. 4. Be it further enacted by the authority aforesaid, That the city court of Moultrie shall have jurisdiction to hear and determine all applications for the eviction of intruders, tenants holding over, partition of personal property, for trial of possessory warrants; issue and dispose of distress warrants, attachments and garnishments, foreclose mortgages on personal property and liens; and to try and dispose of all other cases and causes of whatsoever kind, except such causes, the jurisdiction of which is by the Constitution limited to other courts. Jurisdiction. SEC. 5. Be it further enacted, That all of the fees and moneys received by the solicitor of the city court of Moultrie for the trial of cases in the city court of Moultrie, in excess of twelve hundred dollars ($1,200.00) per annum, shall be by said solictor paid into the treasury of Colquitt county to be used by said county as other funds are used, provided, that in addition to the twelve hundred dollars ($1,200.00) herein provided for the solicitor, he shall have the regular fees as provided by law for the trial of cases in the Court of Appeals or the Supreme Court of the State. Fees. SEC. 6. Be it further enacted, That the present term of the judge of the city court of Moultrie shall not expire until January 1, 1911, so that the first election for judge of the city court of Moultrie, held under this Act, shall be held at the regular general election, to be held in October, 1910. Judge, present term of, expires when.

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SEC. 7. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1908. NEWNAN, CITY COURT OF, ACT CREATING AMENDED. No. 438. An Act to amend an Act to establish the city court of Newnan; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties and for other purposes, approved October 5th, 1887, Acts legislature 1887, page 692, by amending Sections 43 and 44 of said Act, which said Sections fix the compensation of the clerk and sheriff for attending the sessions of said city court by providing that the said clerk and sheriff shall receive as compensation for attending said court two dollars per day each for days upon which they are in actual attendance upon said court and by repealing so much of said Sections as provide that the clerk and sheriff of said court shall receive as compensation for attending each session of said court not to exceed twelve days per year a per diem of $2.00, and for other purposes. 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 an Act approved October 5th, 1887 (Acts legislature 1887, page 692) being An Act to establish the city court of Newnan, to define its jurisdiction and powers; to provide for the appointment

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of a judge and other officers thereof, to define their powers and duties and for other purposes, be and the same is, hereby amended by striking in Section 43 the following sentence, to-wit: For each session of the court not to exceed twelve days per year a per diem of $2.00 which said Section 43 provides compensation of the clerk of said court for attendance on the same and by striking in Section 44 the following sentence, to-wit: For attending sessions of the city court, $2.00 per day not to exceed twelve days per year which said Section 44 provides compensation of the sheriff of said court for attendance on the same and enacting in lieu of said stricken sentences the following: City court of Newnan, Act amended. Compensation. The clerk and sheriff of the city court of Newnan shall each receive for attendance upon the sessions of said court two dollars per day for days they may be in attendance upon said court during each year. Approved August 14, 1908. NEWTON, CITY COURT OF, ACT CREATING, AMENDED. No. 353. An Act to amend Section 4 of an Act entitled an Act to establish the city court of Newton in and for the county of Baker and for other purposes, approved August 21st, 1906, so as to increase the salary of the judge of said court and for other purposes. 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 Section 4 of the above recited Act, be amended by striking out the word sixty in the twelfth line of said Section and inserting in lieu

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thereof the words eight-five, so that said Section when so amended shall read as follows: Section 4. Be it further enacted, That the judge of the city court of Newton and the solicitor thereof shall be appointed by the Governor by and with the advice and consent of the senate. The term of office of judge and solicitor shall be for four years from the date of appointment. All vacancies in the office of judge and solicitor of said court shall be by appointment by the Governor for the residue of the unexpired term, such being subject to the approval of the senate if it be in session; if the senate be not in session at the time of said appointment, then subject to the approval of the senate at the next session thereafter. Said judges of the city court of Newton shall receive a salary of eighty-five dollars per month and shall be paid monthly out of the treasury of Baker county by the treasurer of said county upon warrants to be drawn therefor by the county commissioners of said county. City court of Newton. Act amended. Judge and solicitor, appointment of. SEC. 2. 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. Approved August 6, 1908. OGLETHORPE, CITY COURT OF, ACT CREATING, AMENDED. No. 398. An Act to amend Sections 4 and 39, respectively, of an Act approved August 22nd, 1907, entitled, An Act to establish the city court of Oglethorpe, in and for the county of Macon; to define its jurisdiction and

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powers, etc., so as to fix the salary of the judge of said city court of Oglethorpe, and to provide for the disbursement and disposition of the funds arising from fines and forfeitures and convict hire, in said court. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 4, of the above recited Act to establish the city court of Oglethorpe, in and for the county of Macon, be and it is hereby amended, by striking out all of said Section after the word of in the thirty-second line thereof, and inserting in lieu thereof, the following words, to-wit: Twelve hundred dollars per annum, which shall be paid monthly, out of the treasury of said county of Macon, so that said Section when so amended, shall read as follows: Section 4. Be it further enacted, That there shall be a judge of said city court of Oglethorpe, who shall be chosen and commissioned in the following manner: There shall be held a special election in Macon county on the first Wednesday in October 1907, at which a judge of said city court shall be elected by the qualified voters of said county; said election to be held under the same rules and regulations as elections for the members of the General Assembly are held; the returns of said election to be made to the Governor, who shall issue a commission to the person elected as such judge at said election; said person so elected to be so commissioned for and to hold said office under such commission until the first day of January, 1909, and until his successor is elected and qualified. All the laws now of force in this State with reference to the registration and qualification of voters for said election shall apply to the said elections as they now apply to other special elections. At the next regular election for county officers of said county of Macon, to be held on the first Wednesday in October, 1908, there shall be elected a judge of said city court, for a term of four years from said first day of January, 1909, and until

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his successor is elected and qualified, and thereafter the term of office of said judge shall be four years, and he shall be elected by the qualified voters of Macon county, at the same time and in the same manner as other county officers of said county of Macon are elected; and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be so commissioned for a term of four years instead of two. In case of vacancy in said office of city court judge, from death, resignation, removal, or otherwise, the Governor shall fill said vacancy by appointment of some fit and proper person to hold said office for the unexpired term. The judge of said city court of Oglethorpe shall receive a salary of twelve hundred dollars per annum, which shall be paid monthly out of the treasury of said county of Macon. City court of Oglethorpe, Act amended. Judge, election and salary, term of office. Vacancy, how filled. SEC. 2. Be it further enacted by the authority aforesaid, That Section thirty-nine (39) of said above recited Act be and it is hereby amended by striking out of the third and fourth lines thereof the words clerk of said court, and inserting in lieu thereof, the words treasurer of Macon county, and by striking out the word general in the tenth line of said Section, and inserting in lieu thereof the words public roads, so that said Section 39 of said Act, when so amended, shall read as follows: Sec. 39. Be it further enacted, That fines and forfeitures and convict hire arising from cases in said city court of Oglethorpe shall be paid to, distributed and disposed of by the treasurer of Macon county in the following manner: When any such fund shall arise from either of said sources, it shall be applied, first to the payment of the costs, including costs of committing court of the particular case or cases in which it is collected; the balance then remaining shall be applied to the payment of such insolvent costs as may be due to the officers of said city court; and then if a surplus still remain, it shall be paid into the public road fund of the county treasury. In monies arising in like manner from cases transferred by the superior court to said city court, the

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same mode of distribution shall apply, except that the solicitor-general shall be entitled to participate therein for such costs as may be due him in such transferred cases. Fines and forfeitures. SEC. 3. 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. Approved August 14, 1908. SANDERSVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 437. An Act to provide for the election of the judge and solicitor of the city court of Sandersville, to fix the time for such election, the term of office of said judge and solicitor; to abolish the monthly terms of said court, to provide for special terms, and for other purposes. 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 a judge and solicitor of the city court of Sandersville shall be elected at the election to be held on the Tuesday after the first Monday of November, 1908, and at each general election for Governor each four years thereafter. All voters of Washington county qualified to vote for members of the General Assembly, shall be entitled to vote at all elections held hereunder. Judge and solicitor, election of. SEC. 2. Be it further enacted, That the terms of office of said judge and solicitor elected at said election to be held on the Tuesday after the first Monday of November,

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1908, shall begin November 1st, 1909, and extend to the first day of January, 1913, or until their successors are elected and qualified. The terms of judge and solicitor elected on first Wednesday in October, 1912, shall commence January 1st, 1913, and be for four years. Terms of office. SEC. 3. Be it further enacted, That in the event of a vacancy in the office of judge or solicitor, the governor shall appoint a judge or solicitor, as the case may be, to hold office until the next general election for county officers, when an election shall be held for the unexpired term. The judge or solicitor elected at any general election shall be commissioned by the Governor upon the certificate of the ordinary of such election. Vacancy, how filled. SEC. 4. Be it further enacted, That the monthly terms of said court are hereby abolished, and said court shall be held quarterly; provided, that the judge may at any time convene said court for the trial of criminal cases in which no jury is demanded, or may in his discretion call special terms of the court and summons juries at such special terms for the trial of civil or criminal cases. Terms of court. SEC. 5. The provisions of this Act shall not become effective unless and until its provisions shall have been approved by a majority of the electors of Washington county, qualified to vote for members of the lower house of the General Assembly, in the manner hereinafter provided. At the general election for Governor and State house officers, to be held on the first Wednesday in October, 1908, the question as to whether the judge and solicitor of the city court of Sandersville shall be elected by the people or appointed by the Governor shall be submitted to a vote of the qualified electors of Washington county. Each person wishing to vote for the election of such officers by the people shall have plainly written or printed on his ballot, For the election of city court judge and solicitor by the people, and each person desiring to vote against the election of such officers by the people shall have plainly written or printed on his ballot, Against the election of city court judge and

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solicitor by the people. If a majority of the votes cast in such election, on this question, are favorable to the election of such city court officers by the people, then this bill shall be of full force and effect, but if a majority of the ballots cast on this question shall be against the election of such city court officers by the people, then this bill shall not be operative, and shall be of no force and effect. The ordinary of Washington county is hereby required to certify, under the seal of his office, the result of the election herein provided for to the Governor within ten days after the election. Act effective, when. SEC. 6. Be it further enacted, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 14, 1908. SPARTA, CITY COURT OF, ACT CREATING AMENDED. No. 424. An Act to amend an Act entitled An Act to create the city court of Sparta, in and for the county of Hancock, to prescribe the powers and duties thereof, to provide for the officers thereof, to provide for the compensation of said officers, and for other purposes, approved August 17th, 1905, so as to provide for the election of the judge and solicitor of said court by the qualified voters of Hancock county, to prescribe the terms for which said judge and solicitor shall hold said office, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the

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authority of the same, That from and after the passage of this Act, Section 2, of an Act entitled An Act to create the city court of Sparta, in and for the county of Hancock, to prescribe the powers and duties thereof, to provide for the compensation of said officers, and for other purposes, approved August 17th, 1905, be and the same is hereby amended by striking from said Section 2 of said Act all of the words appearing after the words, of said city court, in the second line of said Section, and before the words, The judge of said city court in the seventh line of said Section, and inserting in lieu thereof the following: Who shall be elected by the qualified voters of the county of Hancock, at the next general election for county officers, held in said county in October, 1908, whose term of office shall begin on the first day of September, 1909, and shall be for a term of four years from said date, or until his successor is elected and qualified; said judge to be elected under the same rules and regulations as other county officers are elected. As the terms of office of the judge of the said city court of Sparta expire, his successor shall be elected and qualified, and said judge shall be commissioned by the Governor for a term of four years, and until his successor is elected and qualified. If a vacancy shall occur, either by death, resignation or otherwise, the governor shall appoint a judge to fill such vacancy, to hold office until the first day of September next succeeding a general election for county officers, at which general election the judge shall be elected for the unexpired term, if any, so that said Section when so amended, shall read as follows: SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be elected by the qualified voters of the county of Hancock, at the next general election for county officers, held in said county in October, 1908, whose term of office shall begin on the first day of September, 1909, and shall be for a term of four years from said date, or until his successor is elected and qualified; said judge to be elected under the same

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rules and regulations as other county officers are elected. As the terms of office of the judge of the said city court of Sparta expire, his successor shall be elected and qualified, and said judge shall be commissioned by the Governor for a term of four years, and until his successor is elected and qualified. If a vacancy shall occur, either by death, resignation or otherwise, the Governor shall appoint a judge to fill such vacancy, to hold office until the first day of September next succeeding, a general election for county officers, at which general election the judge shall be elected for the unexpired term, if any. The judge of said city court shall receive a salary of one thousand dollars per annum, which shall be paid monthly by the treasurer of the county of Hancock, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. City court of Sparta. Act amended. Judge, election, term of office. Vacancy, how filled. SEC. 2. Be it further enacted by the authority aforesaid, That Section 4 of said Act be and the same is hereby amended by striking from the second line of said Section 4 the word appointed, and inserting in lieu thereof the word elected, so that said Section when so amended shall read as follows: SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be elected at the same time and in the same manner as the judge of said city court, whose term of office shall be for four years, and whose duty it shall be to prosecute all offenses cognizable before said city court, in both said city court and in the Supreme Court on writ of error from said city court. Said solicitor must be at least twenty-four years of age and a resident of Hancock county for three years, and a practicing attorney, and before entering upon the duties of his office shall take and subscribe to the same oath required of solicitors-general of this

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State, and give bond with security in the sum of one thousand dollars. All vacancies in said office shall be filled in the same manner as prescribed in this Act for filling vacancies in the office of judge of said court. The solicitor shall receive the same fees for each written accusation as are allowed the solicitor-general for each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed the solicitor-general of the superior court, including fees in the Supreme Court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of the court. Solicitor, election of, term of office, qualifications, oath and bond. Vacancy, how filled. Compensation. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this act be, and the same are, hereby repealed. Approved August 14, 1908. SPRINGFIELD, CITY COURT OF, ESTABLISHED. No. 310. An Act to create the city court of Springfield, in and for the county of Effingham, in Georgia; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes. 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 the city court of Springfield, to be located in the town of Springfield, in the county of Effingham, is hereby established and created, with civil and criminal jurisdiction over the whole county of Effingham,

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concurrent with the superior court, to try and dispose of all civil cases of whatever nature, except of those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony, committed in the county of Effingham. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also the other kinds of suits and proceedings which now or hereafter may be in use in the superior court, either under the common law statute, including, among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all lines and mortgages on personalty. City court of Springfield. Jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed by the Governor, by and with the advice and consent of the senate, who shall hold his office until January the first, 1911; after which date, except in case of a vacancy, the judge of said city court shall hold said office by virtue of his election by the qualified voters of the county of Effingham, and shall hold his office for the term of four years beginning on January the first, 1911, and shall be elected every four years in the following manner: At the general election for county officers in the year 1910 and every four years thereafter, the qualified voters of Effingham county shall elect a judge of said city court, who shall hold said office for four years from the first day of January, 1911; the judge of said city court to be elected under the laws, rules and regulations governing the election of the ordinary of Effingham county, and shall be elected every four years, in the same manner as ordinaries. Any vacancy in said office shall be filled by appointment of the Governor until the next general election, when a judge

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shall be elected to fill said unexpired term. The judge of said city court shall receive a salary of three hundred dollars per year, the same to be increased upon the recommendation of the grand jury of Effingham county, not to exceed five hundred dollars per year, which shall be paid monthly by the treasurer of the county of Effingham, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. Judge, appointment, election, term of office. Vacancy, how filled. Compensation. SEC. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he shall be at the time of his qualification at least twenty-eight years of age, a resident of Effingham county for four years immediately preceding his appointment, and must have been a practicing attorney for four years before his appointment; he shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to person, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Springfield, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed in the Executive Department. Qualifications, oath. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be appointed at the same time and in the same manner as the judge of said city court, whose term of office shall be until January the first, 1911. His successor shall be elected by the qualified voters at the general election in 1910 and every four years thereafter, in the same manner as the judge of said court. Any vacancy

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in said office shall be filled in the same manner as vacancies in the office of the judge of said court. It shall be the duty of the solicitor of said court to prosecute all offenses, cognizable before said city court, in both said city court and in the Supreme Court on writ of error from said city court. Said solicitor must be at least twenty-four years of age and resident of Effingham county for three years, and an attorney at law, engaged in active practice for two years before his appointment, and before entering upon the duties of his office shall take and subscribe the same oath required of solicitors-general of this State, and give bond in the sum of five hundred dollars with security. The solicitor shall receive the same fees for each written accusation as are allowed the solicitor-general of each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed the solicitors-general of the superior court, including fees in the Supreme Court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of this court. Solicitor, appointment, election, term of office. Vacancy, how filled. Qualifications, oath and bond. Compensation. SEC. 5. Be it further enacted by the authority aforesaid, That the solicitor of said city court shall for his services in the Supreme Court be paid out of the treasury of the State in the manner as the solicitor-general of the superior court is paid for like services rendered in the superior court. Supreme Court, duties and fees in. SEC. 6. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the superior court of Effingham county shall be ex-officio clerk and deputies of said city court. Said clerk, before entering upon the duties of his office, shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said city court. He shall also, before entering upon the duties of his office, execute a bond with good security

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in the sum of five hundred dollars for the faithful discharge of the duties of said office. Clerk, oath, bond. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of Effingham county shall be ex-officio sheriff of said city court of Springfield, and in his official connection with said court shall be known as the sheriff of the city court of Springfield. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of said office, and he shall have the same authority to appoint a deputy or deputies as provided in the Code for the appointment of deputy sheriffs. Sheriff, bond. SEC. 8. Be it further enacted by the authority aforesaid, In the event the clerk and sheriff aforesaid, shall fail or refuse to qualify and give the bond as required in Sections 6 and 7 of this Act, the judge of said city court is hereby authorized to appoint a sheriff and clerk for said court. Clerk and sheriff appointed, when. SEC. 9. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff, shall be attached to the office of clerk of the city court of Springfield and to the office of sheriff of the city court of Springfield, respectively, and that the judge of the city court of Springfield is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the superior court over clerks of the superior courts and sheriffs of the counties of Georgia. Clerk and sheriff, duties of. SEC. 10. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court and their deputies shall, unless otherwise specified in this Act, receive for all services the same fees as are allowed by law for like services in the superior court, except in civil actions, where the principal sum involved does not exceed one hundred dollars, in which case their costs

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shall be one-half that allowed them for similar services in the superior court, and in criminal cases, transferred from the superior court to said city court, the clerk's cost shall be one-half that allowed him in the superior court; said clerk and sheriff shall be amenable in said court to the same processes and penalties as they are now amenable to as officers in the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Compensation of clerk and sheriff. SEC. 11. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same manner and with the same power as the judge of the superior court. Habeas corpus. SEC. 12. Be it further enacted by the authority aforesaid, That the terms of the said city court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The quarterly terms shall be held on the third Mondays in January, April, July and October, and the monthly terms on the third MOndays in each month of each year, and said terms shall continue from day to day, unless adjourned over to some other day, in the discretion of the judge, until the business is disposed of. When the quarterly and monthly terms fall upon the same day, the business of the monthly session shall be first disposed of, and immediately upon the disposition of the business of the monthly session the judge shall convene the court in quarterly session. Suits for not exceeding five hundred dollars in principal and in all issues and proceedings when not over five hundred dollars in value is involved shall be returned to the monthly session of said court and shall stand for trial at the first term. Ordinary suits brought to the monthly sessions of said court shall be filed with the clerk of said court at least fifteen days before the term to which they are returnable, and shall be served at least ten days before said term. All other causes

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and proceedings must be brought to the quarterly terms, in like manner as suits are now brought in the superior court, and the first term of said quarterly session shall be the appearance term; provided, that in all suits brought in said city court final judgment may be entered by default at the first term to which the cause is returnable, unless a plea is filed under the terms governing the filing of pleas in the superior court on the call of the appearance docket, in which event the second term shall be the trial term, except the trial may be at the first term when both parties consent. The judge of said city court shall in his discretion hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury, as speedily as possible, consistent with the interest of the State and the accused, and may also hold adjourned terms of the regular terms of said city court for which he may draw new juries or require the attendance of the same jury as in his sound legal discretion may direct. Said city court judge may also, in his discretion set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms, return days, etc., trial, etc. SEC. 13. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as hereinafter provided; the process to writs shall be annexed by the clerk of said city court, be attested in the name of the judge thereof, and be directed to and served by the sheriff of said city court or his deputies thereof. Proceedings. SEC. 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the law governing the superior court, where consistent with this Act, and unless specially provided by this Act, shall be applicable to said city court. Pleading and practice. SEC. 15. Be it further enacted by the authority aforesaid,

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That the judge of said city court shall have the power and the authority to hear and determine without a jury all civil causes of which said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to trial by jury in said court upon entering a demand therefor by himself or his attorney, in writing, on or before the call of the case, or before the adjournment of the term to which the cause is returnable, in all cases where such parties are entitled to a trial by a jury under the Constitution and laws of this State; provided, further, that it shall be the duty of said city court judge to sound the docket during each term of said court for the purpose of ascertaining in what cases, either civil or criminal, demands for trial by jury are to be made, in accordance with the provisions of this Act. Trials. SEC. 16. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on property of defendant or defendants, throughout the State, in the same manner as judgments of the superior court are; but property exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be attested in the name of the judge and signed by the clerk, and directed to the sheriff or his deputies of the said city court of Springfield, and to all and singular the sheriffs or their deputies, of the State of Georgia. Judgments, how enforced. SEC. 17. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process, and such claims shall be tried in the same manner as claims in the superior court. Claims to personalty. SEC. 18. Be it further enacted by the authority aforesaid, That claims to real property levied upon with execution or other process from said city court shall be returnable to the superior court of the county where such

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real property is situated, and shall then proceed as claims in the superior court. Claims to realty. SEC. 19. Be it further enacted by the authority aforesaid, That all laws upon the subjects of attachments and garnishments as to any manner whatever, in the superior courts of this State, shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court returnable to said court shall be directed to the sheriff or his deputies of the city court of Springfield, and all and singular the sheriffs and constables of this State, and the judge of said city court may, or any justice of the peace or notary public may issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments, garnishments. SEC. 20. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior court. Garnishments SEC. 21. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy. Parties, how made. SEC. 22. Be it further enacted by the authority aforesaid, That the general laws of this State, with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, examination of parties to suits, or witnesses by interrogatories, or under subpoenas, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city court, and all laws applicable to the judge and solicitor-general and other officers of the superior court, in compelling the attendance

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of non-resident witnesses, shall in like manner be applicable to the officers of said city court. Practice. SEC. 23. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general law of the State; and the judge and all other officers of said city court shall have power respectively, to administer all oaths pertaining to their offices, as the judge and other officers of the superior court may in like cases do; and the said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in this State in which, by existing laws, deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the said judge of said city court shall have all the powers and authority throughout his jurisdiction as judges of the superior court, and all laws relating to and governing judges of the superior court shall apply to the judge of said city court, so far as the same may be applicable as herein provided. Judge, powers of. SEC. 24. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Springfield to prepare and file in his office a complete copy of the jury lists of the superior court petit jurors. From said copy so made, jurors in said city court shall be drawn in the following manner: The clerk of said city court of Springfield shall write upon separate tickets the names of each juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn the names of twelve jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid three dollars and fifty cents for summoning said jurors. All exemptions from

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jury duty now in force in the county of Effingham shall apply and be of effect in said city court. Juries, how selected. SEC. 25. Be it further enacted by the authority aforesaid, That all laws in reference to qualifications, relations, empaneling, fining, and challenging jurors, now in force in this State, or after enacted by the General Assembly regulating the same in the superior court, shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. Jurors, qualification of, etc. SEC. 26. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to summons instanter, tales jurors to complete said panel of twelve, and he shall likewise have power instanter to summons six additional jurors, so as to increase said jurors to eighteen if necessary to carry on the business of said court expeditiously. Twelve jurors shall constitute a panel in said court, and in all cases in which a demand for a trial by jury has been made as herein mentioned, the selection shall be made as follows: In both civil and criminal cases, if the defendant elects, the entire twelve shall compose the jury, but if the defendant elects for the jury to be composed of but six jurors, then in civil cases the plaintiff and defendant shall have three strikes each, and in criminal cases the defendant shall have four strikes and the State to have two strikes, and the remaining six jurors shall compose the jury. All jurors serving in said court shall receive each the sum of two ($2.00) dollars per day while serving as such, to be paid under rules governing payment of superior court jurors. Tales jurors, panels, etc. Per diem. SEC. 27. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused in writing shall demand a jury. A plea to the accusation or indictment shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If upon the trial of any case it shall appear to the judge that the evidence makes the

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case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Criminal trials. SEC. 28. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court shall be tried on a written accusation setting forth the offense charged, founded on the affidavit of the prosecutor and signed by the solicitor of said court, the defendant shall have no right to demand an indictment by the grand jury of Effingham county. All persons who desire to prosecute any one for a violation of any of the misdemeanor laws of this State, may go before any judicial officer of Effingham county and make and subscribe to the following oath, and file the same with the clerk of said city court: Georgia, Effingham county, Personally came....., who on oath saith that, to the best of his knowledge and belief,..... did, on the..... day of....., in the year....., in the county aforesaid, commit the offense of.....; and this deponent makes this affidavit that an accusation may be framed and preferred in the city court of said county, against the said..... for said offense. Sworn to and subscribed before me this..... day of....., of.....year. Whereupon when said affidavit is so made and filed, it shall be the duty of the solicitor of said city court to draw an accusation against the accused, charging him, her or them, with the offense named in said affidavit, and the judge of said city court shall issue his warrant for the arrest of the person so accused, in the same manner as judges of the superior courts issue bench warrants, based on indictments of the grand jury, and the accused shall be arrested and brought to trial on said accusation, without any further preliminary trial. All the proceedings after accusation shall conform to the rules governing like cases in the superior court, except there shall be no trial by jury unless demanded by the accused as hereinbefore

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provided, and when so demanded said jury trial shall be as provided herein. In all cases tried the accusation shall set forth the offense charged, with the same particularity, both as to matter of form and substance, as is required by laws and rules of criminal pleadings to be observed in bills of indictment in the superior court. Accusation. SEC. 29. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Effingham county to said city court for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of said courts, which order may be passed in term time or in vacation; provided, that in all cases so transferred the solicitor-general of the Atlantic circuit shall be entitled to his accrued costs, to be collected as herein provided for costs of the solicitor of said city court. Transfer from superior court. SEC. 30. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notaries public of Effingham county, to bind over to said city court all persons charged with crime and offenses committed, within the limits of Effingham county, over which said city court has jurisdiction, there to answer to said offense, and the accusation in such cases may be based upon the affidavit on which the warrant issued whereon they were bound over. Commitment by justices of the peace. SEC. 31. Be it further enacted by the authority aforesaid, That a writ of error shall be from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. SEC. 32. Be it further enacted by the authority aforesaid, That in all cases in said city court the same power and right of parties as to waivers, pleadings or procedure,

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or other matters pertaining to the same, shall be allowed and upheld as by the laws and rules to parties in the superior courts. Practice. SEC. 33. Be it further enacted by the authority aforesaid, That the judge of the said city court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the superior court. All rules of pleadings, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply to and govern same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within ten days of the rendition of the judgment complained of, and not afterwards, unless good cause is shown, when further time may be, by order granted, in the discretion of the judge of said court. In all other respects such motions shall be governed by the ordinary rules aforesaid. New trials. SEC. 34. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promissors, co-partners, or joint trespassers, in which any one or more reside within the jurisdiction of said court within Effingham county, may be brought in said court within its jurisdiction, as already stated, under the same rules and regulations governing such cases in the superior courts, mutatis mutandis, as to copies, second originals, returns and other matters connected with said suits. Practice. SEC. 35. Be it further enacted by the authority aforesaid, That all civil cases in which the principal sum does not exceed five hundred dollars shall be tried at the term to which the same are returned, and there shall be no appearance term in said city court in such cases. All civil cases involving more than five hundred dollars

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principal sum shall be in every respect as to filing, return, pleas, answers, demurrer, continuance and trial conformable to the laws now or hereafter to be applicable to suits in the superior courts of this State, the term to which said suits shall be returned shall be the appearance term, and the second the trial term, subject to the foregoing provision. Appearance term, trial term. SEC. 36. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is from any cause disqualified from presiding, and the judge of the superior court can not from any cause preside in said court, as provided for in the Constitution, then upon the consent of the parties or upon their refusal or failure to agree, said case shall be tried by a judge pro hac vice, selected in the same manner as provided for in the superior courts. Judge, pro hac vice. SEC. 37. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or if no direction be given, the court shall be adjourned to the next regular term. Clerk may adjourn court in absence of judge. SEC. 38. Be it further enacted by the authority aforesaid, That all fines and forfeitures and convict hire arising from cases in said court shall be applied to the fees and costs of the solicitor, clerk and sheriff of said city court, accruing in said court, including their insolvent costs therein, the same to be distributed pro rata thereon under the same rules and regulations governing the distribution of fines and forfeitures to officers in the superior court; provided, however, that in cases transferred from the superior court of Effingham county to said city court, the solicitor-general, clerk and sheriff of the superior court shall be entitled to their costs, which shall have accrued to the date of transfer, on the bill of indictment or presentment bringing the money into court; and that cases originating in justices' court the justice and constable shall be entitled to their costs

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in the particular case, in the event the defendant therein is convicted and pays the fine and costs in the case. Disposition of fines. SEC. 39. Be it further enacted by the authority aforesaid, That all misdemeanor cases transferred from the superior court of Effingham county to said city court shall be followed by the bond in said cases or case and defendants shall be bound to appear in said city court at its first monthly sitting after such cases are transferred. Misdemeanor cases, transferred. SEC. 40. Be it further enacted by the authority aforesaid, That in each case in said city court in which the defendant sentenced by the judge of said city court to chaingang, the county commissioners of Effingham county or other authority having charge of said chaingang, shall pay the officers of said court, including the magistrate and constable, their costs in the particular case accured, said costs to be due and payable upon the receipt of said convict by said county authorities. Costs paid by county authorities, when. SEC. 41. Be it further enacted by the authority aforesaid, That said city court shall be held at Springfield, in the courthouse of Effingham county, and the board of commissioners of roads and revenues of Effingham county shall provide all the necessary supplies and books for keeping the dockets, minutes and records of said court, including a seal. Courthouse. SEC. 42. Be it further enacted by the authority aforesaid, That the judge of the said city court may appoint a stenographer of said city court of Springfield, and civil cases may be reported at the request of the plaintiff or defendant, when ordered by the judge in his discretion, and the fee for reporting such cases to be the same as allowed for similar services in the superior courts, to be paid by the plaintiff and defendant equally, and in the final disposition of the case to be taxed against the losing party. Said stenographer shall have the same right to enforce the payment of his fees as in the superior courts. Said stenographer shall report criminal

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cases when required to do so by the judge upon the application made by the defendant, and shall receive five dollars for reporting each case, to be taxed in the bill of costs. In case of a conviction, said fee shall be taxed along with other costs against the defendant, and in case of acquittal shall be taxed as insolvent. He shall receive ten cents per hundred words for transcribing his notes, to be paid by the party applying for same, and shall not be required to transcribe his notes unless called upon to furnish same. Stenographer, duties, fees, etc. SEC. 43. Be it further enacted by the authority aforesaid, That this Act shall not be effective until the passage of an Act, repealing an Act, creating the county court of Effingham county, and abolishing said court. Act, when effective. SEC. 44. 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. Approved July 20, 1908. ST. MARYS, CITY COURT OF, ESTABLISHED. No. 561. An Act to establish the city court of St. Marys, in and for the county of Camden; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court of St. Marys is hereby established and created, with civil and criminal jurisdiction, over the whole county of Camden. This Act to take effect on the passage thereof. St. Marys city court.

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SEC. 2. Be it further enacted, That said city court of St. Marys shall have jurisdiction to try and dispose of all civil cases of whatever nature, except in those cases over which exclusive jurisdiction is vested in the superior courts by the Constitution and laws of the State of Georgia; but in all suits brought in said court in sums of one hundred dollars or less the plantiff shall only recover from the defendant justice court costs; provided, that said city court of St. Marys shall not have power to correct errors in inferior jurisdiction by writ of certiorari; and said city court shall not have power to issue writs of mandamus, or prohibition, or quo warranto, or to foreclose mortgages on real estate. Jurisdiction in civil cases. SEC. 3. Be it further enacted, That said city court of St. Marys shall have jurisdiction to try and dispose of all criminal cases, where the offender is not subjected to loss of life or confinement in the penitentiary, where the offense is committed in the county of Camden. Jurisdiction in criminal cases. SEC. 4. Be it further enacted, That there shall be a judge of said city court of St. Marys, who shall be appointed by the Governor, by and with the advice and consent of the senate, whose term of office shall be two years; and all vacancies in the office of judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the senate, which may be then in session, or if the senate be not in session at the time of such appointment, then subject to the approval of the senate at its next session thereafter. The judge of said city court of St. Marys shall receive a salary of one thousand ($1,000.00) dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Camden by the person or persons charged by the law in paying out the money of Camden county; provided, that the terms of the judge first appointed under this Act shall expire on January 1st, 1913. Judge, appointment and salary.

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SEC. 5. Be it further enacted, That any person who shall be appointed judge of said city court must at the time of said appointment be at least twenty-three years of age; he must also have been a resident of Camden county at least four years immediately preceding his appointment, and he must also have been a practicing attorney-at-law at least two years before his appointment, and he shall, before entering on the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as the judge of the city court of St. Marys, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God; and said oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department. Said judge may practice law in any other court except the court created by this Act; he shall have authority to issue criminal warrants, to issue and dispose of distress warrants, and generally to do all the acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Qualifications, oath. May practice law, where. SEC. 6. Be it further enacted, That there shall be a solicitor of the city court, who shall be appointed by the Governor, and with the advice and consent of the senate, who shall hold his office for the term of four years; provided, that the term of the solicitor first appointed under this Act shall expire on January 1st, 1913. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term; and should a vacancy occur when the senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the senate at its next session thereafter. No person shall be appointed solicitor of said city court

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unless at the time of his appointment he shall have arrived at the age of twenty-five years, and shall be a practicing attorney-at-law five years; provided, after the first appointment, any subsequent appointee to the office of solicitor of the city court of St. Marys must have been a resident of the county of Camden at least two years. The fees of the solicitor in said city court shall be as follows: For every person prosecuted to trial, or plea of guilty, in a case which originated by accusation in said city court, $10.00; for every person brought before the court by indictment and prosecuted to trial of plea of guilty, $5.00; for every person prosecuted to trial or plea of guilty for a violation of the gambling laws of this State, $25.00; for representing the State for each case carried to the Court of Appeals from said city court, $15.00; for all services for which this Act does not provide, he shall receive the same fees as are now allowed by law for similar services in the superior court. Solicitor, appointment and qualifications. Compensation. SEC. 7. Be it further enacted, That the clerk and sheriff and their deputies of the superior court of said county shall be ex-officio clerk and sheriff of said city court, and shall be entitled to and receive the same fees which they are entitled to and receive for like services to the superior court, and they shall perform all the duties in said city court which are by law required to be performed in the superior court, so far as the same are applicable; and for services rendered where no compensation is provided by law, they shall receive such compensation as the judge of said city court shall in his sound discretion allow. All the officers of said city court shall be amenable to the same processes and penalties as such officers are amenable to in the superior court, and shall be entitled to the same remedies to enforce the collection of their fees and costs as in the superior court, and before entering upon the discharge of his duties as clerk of said city court, the clerk shall give bond and good security, as in the superior court, in the sum of one thousand dollars, for the faithful discharge of the duties of his office. And before entering

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upon the discharge of his duties in said city court, the sheriff shall give bond and good security, as in the superior court, in the sum of one thousand dollars, for the faithful discharge of the duties of his office. And in case of failure or refusal of either of said officers to give such bond and security, the judge of said court shall appoint some suitable and proper person clerk or sheriff, as the case may be, of said city court, who shall give bond and security as aforesaid, and who shall then hold such office until the expiration of the term of office of such clerk or sheriff of the superior court. Clerk, sheriff and deputies, duties, compensation, bond, etc. SEC. 8. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as judge of the superior court. Habeas corpus. SEC. 9. Be it further enacted, That the term of said city court of St. Marys shall be held as follows: Beginning on the third Monday in August, October, December, February, April and June of every year. The judge of said court shall have power to hold said court in session, and adjourn from time to time; provided, that said court shall be finally adjourned at least five days before the next succeeding term. Terms of court. SEC. 10. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as hereinafter provided; but the process to writs shall be amended by the clerk of said city court, to be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of St. Marys, or his deputies thereof. Procedure. SEC. 11. Be it further enacted, That in all matters pertaining to service, pleading and practice, the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court, except

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in suits for one hundred dollars or less, the appearance term shall also be the trial term. Pleading and practice. SEC. 12. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases in which the said court has jurisdiction, and give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court, upon entering a demand therefor, by himself or his attorney, in writing, on or before the first day of the term of said court to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Trials. SEC. 13. Be it further enacted, That all judgments obtained in said court shall be a lien on all property belonging to the defendant or defendants throughout the State, in the same manner as judgments of the superior courts are, but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk, and directed to the sheriff or his deputies of said city court of St. Marys, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Judgments. SEC. 14. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior court. Claims to personalty. SEC. 15. Be it further enacted, That claims to real property levied on under execution or other process from said city court shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claims to realty.

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SEC. 16. Be it further enacted, That all laws upon the subject of attachments and garnishments as to any matter whatever in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff, or his deputies, of the city court of St. Marys, and to all and singular the sheriffs and constables of the State; and the judge of said court may, or any justice of the peace or any notary public may issue attachments returnable to said city court, under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments, garnishments. SEC. 17. Be it further enacted, That garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the superior courts. Garnishments. SEC. 18. Be it further enacted, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff, or his deputy, thereof. Parties, how made. SEC. 19. Be it further enacted, That the general laws of this State with regard to commencement of suits in the superior courts, defenses, set-off, affidavits of illegality, arbitration, examinations of parties to suits or witnesses by interrogatories or under subpoena, witnesses and their attendance, or other matter of a judicial nature, within the jurisdiction of said city court, shall be applicable to said city court. Practice. SEC. 20. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office, as the judge and other officers

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of the superior court may in like cases do; and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested and the affidavits administered by justices of the peace of this State; and the judge of said city court shall have all the power and authority throughout his jurisdiction, of judges of the superior courts, except where by law exclusive power and authority are vested in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Judge, powers. SEC. 21. Be it further enacted, That said city court of St. Marys shall be a court of record, and shall have a seal, and the minutes, records, order, and other books and files that are required by law, and rules to be kept for the superior court shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 22. Be it further enacted, That the laws regulating the enforcing of judgments in the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied, and sales be had thereunder under the same rules and laws regulating the same in the superior court. Judgments, how enforced. SEC. 23. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempt. SEC. 24. Be it further enacted, That it shall be the duty of the clerk of said city court of St. Marys to prepare and file in his office a complete copy of the traverse jury list of the superior court of Camden county, as

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provided from time to time for such superior court. From said copy so made traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court of St. Marys shall write upon separate tickets the names of each traverse juror, and shall number the same, and place the same in a box to be prepared for the purpose, from which shall be drawn all traverse jurors as now required by law in the superior courts. All laws with reference to the drawing of, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to the said city court. Jury list and box. SEC. 25. Be it further enacted, That all laws in reference to the qualifications, relations, impaneling, finding, and challenging jurors now of force in this State, or hereafter to be enacted by the General Assembly, regulating the same in the superior courts shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. Jurors, qualifications, etc. SEC. 26. Be it further enacted, That the judge at each term of said city court shall draw from said jury sixteen names of persons to serve as jurors at the next term thereafter of said city court, and the sixteen jurors drawn and summoned as above provided, shall be impaneled. In all cases, civil and criminal, trial by a jury of twelve shall be had in said court when so demanded, but a trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes and the State three strikes; eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may by consent, agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case or the defendant in a criminal case declines to waive trial by a jury of twelve, then in civil cases each side shall be allowed two strikes,

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and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The sheriff of said court shall be entitled to a fee of three dollars for summoning the jurors for each term of said court, to be paid in the same manner that the sheriff of the superior court is paid for similar services. The jurors, those drawn on the regular panel and likewise the talesmen, the judge of said court being empowered to have summoned instanter at any term of said court, talesmen, whenever necessary to complete a panel, shall receive the same sum as is now allowed for similar services as jurors in the superior court of Camden county, same to be paid under the rules governing the payment of superior court jurors, and the city court jury script shall stand on the same footing in every respect as superior court jury script. Juries, how selected. Sheriff's compensation. Compensation. SEC. 27. Be it further enacted by the authority aforesaid, That the judge of said court is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court. Bailiffs. SEC. 28. Be it further enacted by the authority aforesaid, That the defendants in criminal cases in said city court of St. Marys may be tried on written accusations setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit shall be made before said judge, or other officer authorized to issue warrants, and said accusation shall be signed by the prosecuting officer in said court. Upon such affidavit and accusation being made and signed and filed in the clerk's office of said court, it shall be the duty of said judge of said court to issue a warrant for the apprehension and arrest of the defendant, directed to the sheriff of said city court of St. Marys, or his deputy, and to all and singular the sheriffs and constables of said State. In all criminal cases within the jurisdiction of said city court, the defendant shall not have the right to demand an indictment by the grand jury of the county of Camden. The judge of said court shall inquire of

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him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands a trial by jury, the judge of said court shall proceed with said case, if at a regular term of said court, according to the rules and laws of the superior courts applicable to the trial of misdemeanors. If the defendant demands a trial by jury, and the said court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or, on defendant's failure to give bond shall commit him to jail until the next regular term of said court. If the defendant waives trial by jury then the said judge shall proceed to hear and determine such criminal case conformable to the laws governing the superior courts as the same may be applicable, provided, always, that a reasonable time may be granted to the State or the defendant to procure witnesses. Accusation and trial. SEC. 29. Be it further enacted, That the judge of the superior court of Camden county shall by order transmit to said city court for trial and final disposition all presentments and bills of indictment found by the grand jury for offenses within the jurisdiction of said city court, which may remain undisposed of at the end of each term of the said superior court of Camden county, the order so transmitting such cases to be entered on the minutes of both courts. All bonds returnable to the superior court shall follow the case to the city court when so transferred, and the defendant shall in such case be bound to appear in said city court at its first session after such indictment or presentment shall have been transferred, and after he or his council shall have ten days' notice of such transfer; in like manner the judge of the superior court of Camden county may by order transmit to said city court all civil cases upon the docket of the superior court which are within the jurisdiction of said city court; provided, that the parties to said case shall agree that same be transmitted to said city court. Transfers from superior court.

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SEC. 30. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Camden county to bond over to said city court all persons charged with offenses committed within the limits of Camden county over which said city court has jurisdiction to answer for said offenses. Commitment. SEC. 31. Be it further enacted, That a writ of error shall be direct from the said city court to the Court of Appeals of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. SEC. 32. Be it further enacted, That in all cases in said court, the same powers and rights of parties as to the waiver in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld as allowed and upheld by the laws and rules governing parties in the superior courts. Practice. SEC. 33. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Camden county shall be and are, hereby transferred to said city court, and the same shall be placed upon the proper docket in said city court, and shall be tried and disposed of as other cases in said city court; all final and other processes now in the hands of the sheriff, bailiffs, or other officers, which are made returnable to the county court, shall be by them returnable to said city court instead of said county court. The judge and other officers of said city court shall have power and authority to issue and enforce in the name of said city court, any and all processes in any case from the county court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the county court. All records, blanks, and papers disposed of and of file in said county court shall be filed and deposited with the clerk of said city court; that all fi. fas. and final processes not satisfied, now in the hands of the bailiff of said city court,

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shall be levied and enforced by the sheriff of said city court and returns thereof made to said city court. Transfers from county court. SEC. 34. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any cause, civil or criminal, in his court upon the same terms and conditions, and under the same laws and regulations, in every respect, governing the granting of new trials in the superior courts. All rules of pleading, practice, and procedure governing motions, rules nisi and other proceedings in new trials in the superior courts shall apply to and govern the same in said city court. New trials. SEC. 35. Be it further enacted, That all suits against joint obligors, joint prommissors, co-partners, or joint trespassers, in which any one or more resides in the county of Camden, may be brought in said court within its jurisdiction, as already stated, under the same rules and regulations governing such cases in the superior courts, mutatis mutandis, as to copies, second originals, returns, and other matters connected with the suit. Suits against joint obligors, etc. SEC. 36. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas and practice shall be applicable to said city court and shall obtain therein. Practice. SEC. 37. Be it further enacted, That the solicitor of said court shall for his services in the Court of Appeals be paid out of the treasury of the State, by warrant drawn by the Governor upon certificate of the clerk of the Court of Appeals as to the performance of such services, and the certificate of the clerk of the city court of the insolvency or acquittal of defendant. Fees of solicitor in Court of Appeals. SEC. 38. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance or return term, the second shall be the trial or judgment term, except in suits for one hundred dollars or less, when the appearance term shall also be the trial term, and all the laws, rules and practice in said court

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with reference to the terms thereof and to the continuances, pleadings and trials of causes therein shall be the same as in superior court, unless otherwise provided in this Act. Appearance and trial terms. SEC. 39. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding and the judge of the superior court can not from any cause preside in said court as provided for in the Constitution, then upon consent of the parties or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Judge, pro hac vice. SEC. 40. Be it further enacted, That on the first Monday of each month, or on any day previous to each first Monday he may deem proper to do so, the judge of said court shall distribute the fines and forfeitures arising from causes tried in said court. Said fines and forfeitures shall be distributed as follows: All bills for insolvent costs due the solicitor of said court, the sheriff and the clerk, shall be approved by the judge of said court and entered upon the minutes thereof, and shall be a lien upon all the fines and forfeitures raised in said city court superior to all other claims for insolvent costs; and when the judge distributes such fines and forfeitures he shall pay the same to the solicitor of said court, the sheriff and the clerk pro rata on their bills for insolvent costs for fees in cases in said city court; and when said bill of insolvent costs of the solicitor of said court, sheriff and clerk are fully paid the judge shall order the surplus paid to the person who by law acts as the treasurer of Camden county, which surplus shall be by him placed to the credit of the fine and forfeiture fund of said county and distributed as now provided by law. In cases tried in said city court which have been transferred from the superior court the solicitor-general and clerk of the superior court and the sheriff shall have the right to share pro rata in all fines and forfeitures arising from said transferred cases before any surplus is

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paid into the county treasury; provided, always, that in all cases in which the justice of the peace and notary public justice of the peace has bound over any offender to said court, the justice of the peace and notary public ex-officio justice of the peace so binding over shall be entitled to share as to his costs in the particular case with the sheriff, clerk and solicitor upon the same terms in any fine or forfeiture that may arise therefrom. Fines and forfeitures, how disbursed. SEC. 41. Be it further enacted, That said court shall be held in the courthouse of Camden county, and the board of commissioners of roads and revenues for the county of Camden shall provide the necessary books for keeping the docket, minutes and records of said city court. Courthouse, books, etc. SEC. 42. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. SYLVANIA, CITY COURT OF, ACT CREATING AMENDED. No. 467. An Act to amend an Act to establish the city court of Sylvania, in and for the county of Screven, to define its jurisdiction and powers, to provide for the election or appointment of the judge, solicitor and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein for the carrying of cases direct from said city court to the Supreme Court by bill of exceptions or

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writ of error, and for other purposes, which Act was approved December 15, 1902, public Acts of 1902, pages 162 to 174 inclusive, and for other purposes. 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 the above recited Act establishing the city court of Sylvania, in and for the county of Screven, approved December 15, 1902, be, and the same is hereby amended by striking from said Act Section 42, and inserting in lieu thereof, the following words, to-wit: All fines and forfeitures arising from cases tried in said city court shall be distributed upon the order of the judge thereof, which order shall be entered upon the minutes of said city court, as provided in Sections 1086, 1087 et seq., Sections of the Penal Code of Georgia for 1895; and said fines and forfeitures shall be distributed by the solicitor of said city court, as provided in Section 1090 of the Penal Code of Georgia of 1895; and said funds shall be distributed pro rata among the following officers, to wit: The clerk of said city court, the sheriff of said city court, various magistrates and constables of the county of Screven and the solicitor of the superior court, provided, however, that the solicitor of the superior court shall not participate in the distribution of the fines and forfeitures arising in said city court except with that portion of his insolvent costs bill only that has accrued in those cases arising in the superior court and transferred to the said city court of Sylvania to be disposed of. City court Sylvania. Fines and forfeitures, how distributed. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the solicitor of the said city court of Sylvania shall receive a salary of nine hundred, ($900.00) dollars per annum subject to the approval of the grand jury at the November term, 1908, of the superior court of Screven county, Georgia, which said jury is hereby charged with the fixing of said salary, not to exceed

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twelve hundred, ($1,200.00) per annum and not to be less than nine hundred, ($900.00) dollars per annum, which salary shall not be thereafter increased nor diminished during the term of office of said solicitor, and provided, That should the said grand jury at the November term 1908 of said superior court of Screven county, Georgia, fail or refuse to fix said salary, then said salary shall be and remain as herein fixed, at the sum of nine hundred, ($900.00) dollars per annum; and said salary shall be paid monthly out of the treasury of the county of Screven; and it shall be the duty of the officers of Screven county, charged with that duty to make provision annually for the levying and collection of taxes to provide for the payment of said solicitor's salary; and, further the said solicitor shall pay into the county treasury of said county of Screven all fees for the solicitor of the city court of Sylvania collected in any criminal cases tried in the said city court of Sylvania. Solicitor, salary of. SEC. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1908. TIFTON, CITY COURT OF, ACT CREATING, AMENDED. No. 513. An Act to amend an Act amending an Act entitled: An Act to amend an Act entitled an Act to create and establish the city court of Tifton etc., approved August 21, 1906; approved August 22, 1907, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section one (1) of the Act approved August 22, 1907, amending Act to create and establish the city court of Tifton, approved August 21, 1906, be, and the same is hereby amended by striking therefrom the words one thousand, and inserting in lieu thereof the words twelve hundred, so that said Section as amended shall read as follows: The judge of the city court of Tifton shall receive a salary of twelve hundred dollars per annum, which shall be paid monthly out of the treasury of Tift county, and said judge shall receive no other compensation as such judge. City court of Tifton. Judge's salary. SEC. 2. Be it further enacted, That Section four (4) of the same Act be, and the same is, hereby amended by adding thereto the following: Excepting actions in trover which may be brought in said court without regard to value of personalty or amount of verdict or judgment, so that the amended Section shall read as follows: Provided, that such court shall not entertain jurisdiction of any civil case unless the principal sum involved exceeds fifty dollars, excepting actions of trover which may be brought in said court without regard to value of personalty or amount of verdict or judgment. Trover. SEC. 3. Provided further, That the provisions of Section one (1) of this Act shall be effective on and after January 1, 1909. Act effective, when. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 17, 1908.

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WAYNESBORO, CITY COURT OF, ACT CREATING AMENDED. No. 394. An Act to amend An Act to establish the city court of Waynesboro in and for the county of Burke; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom and for other purposes; approved August 15, 1903, so as to change the times and fix the terms of the quarterly session of said court; and for other purposes. 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 an Act approved August 15, 1903, establishing the city court of Waynesboro in and for the county of Burke, be amended as follows: By striking from the nineteenth Section of said Act beginning with the words and the quarterly in the third line of said Act and ending with the word December in the fifth line of said Act the words, and the quarterly terms shall be held on the second Mondays in March, June, September and December, and inserting in lieu thereof the words and the quarterly terms shall be held on the fourth Mondays in January, April, July and October. City court of Waynesboro, terms of, when held. 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. Approved August 14, 1908.

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WRIGHTSVILLE, CITY COURT OF ESTABLISHED. No. 389. An Act to establish the city court of Wrightsville, in Johnson county; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor, sheriff, clerk and other officers and to provide for their election after the terms to which they are appointed shall have expired, as well as the salaries and fees thereof; to provide for the granting of new trials thereon, and writs of error therefrom, and to provide for the abolishment of the present city court in said county and to provide for the transfer of the business of the present city court of Wrightsville, and to provide for the qualification of its officers and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city court of Wrightsville, in the city of Wrightsville, and in the county of Johnson, is hereby established and created, to be organized, located and held in the courthouse in said city and county, with both civil and criminal jurisdiction over the entire county of Johnson in said State of Georgia. City court of Wrightsville. SEC. 2. Be it further enacted by the authority aforesaid, That said court shall be a court of record, and shall have a seal, and the minutes, dockets, and other books and files, that are required by law to be kept for the superior courts of this State, shall be kept for said city court, and in the same manner, and all laws applicable to the duties of officers of the superior courts shall be observed by the officers of said city court, except where they conflict with this Act. Court of record.

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SEC. 3. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Wrightsville, who shall be appointed by the Governor, by and with the advice and consent of the senate, whose term of office shall be from his qualification as such judge till the first day of January, 1913, and his successor shall be elected at the regular election for county officers, by the electors of said county of Johnson, on the first Wednesday in October, 1912, whose term will commence January 1st, 1913, and end four years thereafter, and all vacancies in said office of judge shall be filled by an election held for that purpose by the voters of said county, which election shall be called by the ordinary of said county to be held not more than thirty days from said vacancy, and the duties of said office of judge shall be performed by some qualified lawyer to be appointed by the ordinary of said county till the vacancy is filled as required by this Act. The judge of said court shall be paid a salary of $600.00 per annum to be paid monthly out of the treasury of said county. Judge, appointment, election, and salary. SEC. 4. Be it further enacted by the authority aforesaid, That any person who shall be appointed or elected judge of said city court must be an active lawyer of at least seven years experience as a practicing lawyer and otherwise qualified to act, and before entering upon the duties of said office must take and subscribe to the following oath: I solemnly swear that I will administer justice without respect to person and do equal and exact justice between rich and poor, and that I will faithfully and impartially discharge and perform all duties which may be required of me as judge, according to the best of my ability and understanding, according to the laws and Constitution of the State of Georgia and of the United States, so help me God. And said oath when taken shall be forwarded to the Governor and filed in the Executive Department. Said judge shall not practice law in said city court, but may practice in any other court in this State. Qualifications and oath.

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SEC. 5. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, to be appointed by the Governor, by and with the advice and consent of the senate, whose term of office shall be from his qualification till the first day of January, 1911, and his successor shall be elected by the qualified voters of said county on the first Wednesday in October, 1910, and take charge of said office January 1st, 1911. The fees of said solicitor shall be as follows: for every case prosecuted in said city court he shall be entitled to the same fees as the solicitors-general in this State, for representing the State in any criminal case carried from said city court to the Court of Appeals or the Supreme Court, the sum of $15.00 to be paid from the State treasury, provided the defendant is insolvent and the clerk of said city court so certifies. The term of said solicitor elected and his successors shall be two years. The solicitor of said city court must be at least 21 years of age and a practicing lawyer, and before entering upon the discharge of his duties as such solicitor, he shall give bond in the sum of one thousand dollars, made payable to the ordinary of said county, and his successors in office, and must be approved by the judge of said court. The conditions of said bond shall be his faithful performance of duty, and to account for all money coming into his hands by virtue of his office, which bond may be sued on by any party who is injured by said solicitor's misconduct, in any court having jurisdiction of the same, and in addition to said bond shall take and subscribe the following oath: I do swear that I will faithfully, impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Wrightsville, so help me God. Said oath and bond shall be, by the clerk, entered on the minutes of said court. If, for any reason, the solicitor shall fail or refuse to act or is disqualified to act, the judge of said court shall have power to appoint a solicitor pro tem. Solicitor, appointment, election, compensation, qualifications, bond, oath, etc. Solicitor pro tem.

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SEC. 6. Be it further enacted by the authority aforesaid, That J. M. Walker be and he is hereby made clerk of said city court, and he shall hold said office from his qualification till the first day of January, 1911, and that his successor shall be elected by the voters of said county at the October election, 1910, and take charge of his office January 1st, 1911, and in the event of a vacancy the ordinary of said county shall appoint some suitable person to act for thirty days, within which time the ordinary shall order an election to fill said vacancy. The clerk shall receive as compensation the same fees as the clerk of the superior court for similar services, except in cases less than $100.00, then to receive the same fees as are allowed justices of the peace. In addition to the fees received by said clerk, he shall receive during the sittings of said court, at its regular terms, $3.00 per day for his services. Clerk, election, compensation, etc. SEC. 7. Be it further enacted by the authority aforesaid, That S. J. Maye be, and he is hereby named sheriff of said city court, whose term of office shall be from his qualification till January 1st, 1911, and that his successor shall be elected by the voters of said county at the October election held in 1910, and in case of a vacancy the same to be filled as sheriffs of a county are filled. He shall have power to appoint deputies upon the approval of the judge. Said sheriff shall, before entering upon the discharge of his duties, give bond in the sum of $2,000.00, conditioned as other sheriff's bonds in this State; for his services during a regular term of the court he shall receive $3.00 per day. The fees of said sheriff shall be the same as the sheriff's of the county, except in suits less than $100.00, then he shall receive no more than the costs of a constable. Before entering on the discharge of his duties, he shall take the usual oath of office. Sheriff, election, bond, compensation. SEC. 8. The clerk before entering on the discharge of his duties, shall take the usual oath of office, and give bond as other clerks, in the sum of $1,000.00. Clerk, oath and bond of.

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SEC. 9. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville may appoint and require the services of bailiffs,a and exercise the same authority over the clerk, sheriff, deputy sheriff and bailiffs of said court as may be exercised by the judge of the superior court over such officers while holding superior court. Bailiffs. SEC. 10. Be it further enacted by the authority aforesaid, That the city court of Wrightsville shall have jurisdiction to try and dispose of all cases of whatever nature except those cases over which exclusive jurisdiction is vested in other courts by the Constitution and laws of Georgia, except when the amount claimed is less than fifty dollars; provided that in all cases brought in said city court for the principal sum of one hundred dollars or less, the costs shall not be more than justice courts costs. Jurisdiction in civil cases. SEC. 11. Be it further enacted by the authority aforesaid, That the said city court of Wrightsville shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Johnson, where the defendant is not subject to loss of life or confinement in the penitentiary. Jurisdiction in criminal cases. SEC. 12. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, and to take affidavits anywhere in the State, and the judge, solicitor, clerk and sheriff and his deputies shall have power to administer all oaths and do all other acts pertaining to their respective offices as such officers of the superior court may in like cases do. Said judge shall also have power to issue writs of habeas corpus, and hear and determine the same as the judges of the superior courts may do; cause testimony to be taken to be used de bene

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esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all other acts which the judge of the superior court, and all laws relating to and governing judges of the superior court shall apply to the judges of the said city court, so far as the same may be applicable, except as herein provided. Judge, powers of. SEC. 13. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases when personal property is levied upon under process from said court, which claims shall be tried in the same manner as claims in the superior courts, except the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is the practice in other courts. Claims to personalty. SEC. 14. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachment and garnishment in the superior courts of this State shall apply to the city court, so far as the nature of the city court will admit. The judge of said city court or any other officer authorized to issue attachments may issue attachments returnable to the said court of Wrightsville, which shall be directed to all and singular the sheriffs and constables of this State, and may be served by them or any other sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments, garnishments. SEC. 15. Be it further enacted by the authority aforesaid, That the garnishment proceedings in said court shall be conformable to the laws of this State on that subject in the superior court, and when returnable to another county where there is no city court of like character with this, shall be returnable to the superior court of such county. Garnishment procedure. SEC. 16. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville shall have the authority to enforce his orders, to preserve

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order, to punish for contempt and to enforce all his judgments as vested by law in the judges of the superior courts of this State. Contempt. SEC. 17. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville, shall have power and authority to hear and determine all civil cases of which said court has jurisdiction, and to give judgment therein in term time, without a jury; provided that either party in any civil case pending in said court shall be entitled to a trial by a jury in said court upon entering a demand therefor by himself or his attorney in writing, at any time during the appearance term of said case, in all cases in which said party may be entitled to a trial by jury under the Constitution and laws of this State. Trials. SEC. 18. Be it further enacted by the authority aforesaid, That the regular terms of the said city court of Wrightsville, shall be held quarterly and monthly, monthly for the trial of criminal business, and quarterly for the trial of both criminal and civil business. Said quarterly terms shall be held on the second Mondays in February, May, August and November of each year, and the monthly terms shall be held on the second Mondays in each month of the year except the months herein designated for the quarterly terms. The judge shall have power to hold said courts in session from day to day for a period not longer than one week, from the beginning of each term; provided that said court shall stand open from day to day for the trial of all cases when a trial by jury is waived by the defendant or his attorney. Terms of court. SEC. 19. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceeding in the superior courts except as is hereby provided, but the process to writs shall be annexed by the clerk of said city court, shall be attested in the name of the judge thereof, and

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be directed to the sheriff or his lawful deputy, and all exceptions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to all and singular, the sheriffs and deputies of the State of Georgia. Procedure. SEC. 20. Be it further enacted by the authority aforesaid, That in all matters pertaining to service and pleadings, and practice, the laws governing the superior courts, where not inconsistent with this Act, shall be applicable to said city court. Pleading and practice. SEC. 21. Be it further enacted by the authority aforesaid, That the general laws of this State, applicable to the superior court with regard to the commencement of suits and making parties to cases pending, defenses, set-offs, affidavits of illegality, arbitration, examination of witnesses by interrogatories, or to subp[oelig]na witnesses and to require them to attend and give evidence, continuances and amendments, and all matters pertaining to pleading and practice, and all matters of judicial nature within the jurisdiction of said city court shall be applicable to said city court. Practice. SEC. 22. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and execution shall issue and be levied, and sales be had thereunder, under the same rules and laws, regulating the same in the superior court. Judgments, how enforced. SEC. 23. Be it further enacted by the authority aforesaid, That defendants in criminal cases in the city court of Wrightsville may be tried upon written accusations, setting forth plainly the offense charged, which accusation shall be signed by the prosecutor or by the prosecuting officer of said city court. Accusations. SEC. 24. Be it further enacted by the authority aforesaid, That when any criminal case in said city court,

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founded either upon accusation, indictment or presentment by the grand jury, is called for trial, and before the arraignment of the defendant, the judge shall inquire of the defendant whether he demands a jury, and the response of the defendant shall be entered upon said indictment or accusation and signed by the prosecuting officer of said city court. If the defendant demands a trial by jury and the court is not sitting at regular term, the judge shall admit the defendant to bail to appear at the next regular monthly or quarterly term, as directed by the judge, or, on the defendant's failure to give bond shall commit him to jail to await his trail. If the defendant waives trial by jury, then the judge of said court shall proceed to hear and determine such criminal case without a jury; provided always, that a reasonable time may be granted the State or defendant to procure witnesses. Trial of criminal cases. SEC. 25. Be it further enacted by the authority aforesaid, That the judge of the superior court of Johnson county may transfer any or all presentments or bills of indictment for misdemeanors to said city court for trial, the order so transferring the same to be entered on the minutes of both courts. Transfers from superior court. SEC. 26. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Wrightsville shall be procured in the following manner: The clerk of said court shall provide a city court jury box similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list and of each person upon the traverse jury list of the superior court of said county, and shall place all said names in the city court jury box, from which shall be drawn twenty-four traverse jurors to serve in said court. All laws in reference to the drawing and summoning and empaneling traverse juries in the superior courts shall apply to the city court of Wrightsville, and the said

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city court judge shall have the same power to summon tales juries for the city court that the judges of the superior courts have for the superior courts; jurors in said court shall receive the same pay and be paid in the same manner, and under the same rules and regulations, as jurors in the superior courts are, or may hereafter be paid. Jury list and box. SEC. 27. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, empaneling, challenging and fining jurors now of force, or hereafter be enacted, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In cases where issues are to be tried by jury, the party shall be entitled to a full panel of twenty-four from which to strike, in all civil cases; each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and all laws and rules governing the selection of jurors in the superior courts, shall apply to the city court of Wrightsville, unless inconsistent with this Act. Juror, qualification, selection, etc. SEC. 28. Be it further enacted by the authority aforesaid, That all civil cases pending in said court in which a jury is demanded by either, and in all criminal cases in which the defendant shall demand a jury as provided for in this Act, a trial shall be had in term time, under the provisions of this Act by a jury of twelve men, as in the superior courts. All civil cases in which no jury is demanded, shall be tried by the court in term time, and all criminal cases in which no jury is demanded by the defendant shall be tried by the court, either in term time or at any time between the regular terms of said court, and said court shall be open for the trial of such criminal cases at all times. Trials. SEC. 29. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville

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shall have the power to grant new trials in all cases, civil and criminal, tried by the jury or tried by the judge on issues of fact in said court, upon the same terms and conditions and under the same laws and regulations in every respect, governing the granting of new trials in the superior courts, and all rules of pleading, practice and procedure governing motions for new trials, and carrying cases to the Supreme Court and Court of Appeals by bill of exceptions from the superior courts shall apply to and govern the same in the said city court. New trials. SEC. 30. Be it further enacted by the authority aforesaid, That a writ of error direct from the city court of Wrightsville to the Supreme Court and the Court of Appeals of this State shall lie upon the bill of exceptions under the same rules and regulations as govern and control the certifying, serving, filing and transmitting bills of exceptions in and from the superior courts of this State before the Supreme Court and the Court of Appeals. Writ of error. SEC. 31. Be it further enacted by the authority aforesaid, That whenever the judge of said court is, from any cause, disqualified from presiding in any case, and the judge of the superior court, on account of absence or any other cause shall fail to preside in said court as provided in the Constitution of this State, then upon consent of the parties, or upon their failure or refusal to agree, said case may be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge pro hac vice. SEC. 32. Be it further enacted by the authority aforesaid, That at or within ten days after each regular term of said city court, and oftener, if he shall deem it proper to do so, the judge of said court shall distribute said fines and forfeitures arising from said cases tried in said court as follows: Fines and forfeitures arising from cases originating in this court, shall be prorated between the solicitor, the clerk, the sheriff of said court, the justices of the peace and constables

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on their bills for insolvent costs, fines and forfeitures arising from causes transferred from the superior courts to said city court shall be prorated among the solicitor, sheriff and clerk of the city court, and the solicitor, sheriff and clerk of the superior court and the justices of the peace and constables upon their bills for insolvent costs in transferred cases. If at any time there should be a surplus of the insolvent funds arising from cases originating in the city court, after paying all insolvent costs on cases originating in the said city court, the same shall be applied to insolvent costs in cases originating in the city court. The judge of the city court before paying insolvent bills, shall approve the same and have them entered on the minutes of said court, and such bills for insolvent costs shall be a lien on funds arising from fines and forfeitures in said court, superior to all other liens. Fines and forfeitures, how distributed. SEC. 33. Be it further enacted by the authority aforesaid, That the ordinary of the county of Johnson, or such officer as may have charge of the county affairs of said county, shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to run said court. Dockets, etc. SEC. 34. Be it further enacted by the authority aforesaid, That the business of the present city court, both civil and criminal, be transferred to the city court created by this Act, and be there tried as if originally filed in said court. Transfers from present city court. SEC. 35. Be it further enacted by the authority aforesaid, That this Act shall go into effect and the present city court be abolished immediately upon the appointment and qualification of the officers provided for by this Act. SEC. 36. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and they are, hereby repealed. Approved August 11, 1908. CAMDEN COUNTY, COUNTY COURT OF, ABOLISHED. No. 381. An Act to repeal an Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Camden. SECTION 1. Be it enacted by the General Assembly of Georgia, That the above recited Act and all amendments thereof, as now embodied in the Code of 1895, from Sections 4170 to 4217, inclusive, be, and the same are, hereby repealed, so far as they apply to the county of Camden and the county court of said county of Camden is hereby abolished; provided, however, that this Act shall not go into effect until the passage of an Act to create a city court of St. Marys, in the county of Camden. County court of Camden county abolished. 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. Approved August 11, 1908.

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EFFINGHAM COUNTY, COUNTY COURT OF, ABOLISHED. No. 311. An Act to abolish the county court of Effingham county, to dispose of the business therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act all general and local laws for the establishment of county courts in the county of Effingham, be and the same are hereby repealed, so far as they apply to the county of Effingham, and the county court of Effingham is hereby abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all books, papers, suits, mesne and final process of whatever nature and all criminal cases and business of every kind now pending in the county court of Effingham county be, and the same are, hereby transferred to the city court of Springfield, for trial and final disposition, and it shall be the duty of the county judge of Effingham to turn over such papers; provided, that this Act shall not go into effect until the passage and approval of an Act creating the city court of Springfield, in the said county of Effingham. County court of Effingham county abolished. SEC. 3. 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. Approved July 20, 1908.

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HOUSTON COUNTY, COUNTY COURT OF, ABOLISHED. No. 363. An Act to abolish the county court of Houston county, to dispose of the business pending therein, and for other purposes. 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 from and after the taking effect of this Act as hereinafter provided, the county court of Houston county, in and for said county and State, be and the same is, hereby abolished. County court of Houston county abolished. SEC. 2. Be it further enacted, That all business now pending in said court shall be transferred to the city court of Houston county, in and for said county of Houston, and all books, papers and processes of whatever kind, civil or criminal, shall be turned over to the clerk of the said city court, to be disposed of by said city court as provided in the Act establishing the city court of Houston county. SEC. 3. Be it further enacted, That this Act shall not take effect until the Act establishing the city court of Houston county shall have become a law. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1908.

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PULASKI COUNTY, FEES OF OFFICERS OF COUNTY COURT OF. No. 498. An Act to amend the county court Act, so far as the same applies to Pulaski county, by providing for the payment of the fees of the officers of the county court of Pulaski county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, the county court Act of the State of Georgia be, and the same is hereby amended, so far as the same applies to Pulaski county, as follows: In all criminal cases tried in the county court of Pulaski county, in which the defendant is convicted, and is confined upon the chain-gang or otherwise as is provided by law, the proper county authorities of Pulaski county shall pay to the officers of said county court their fees in each case, out of the treasury of Pulaski county. County court of Pulaski county. Fees of officers. SEC. 2. Be it further enacted by the authority aforesaid, That beginning upon the first day of January, 1909, the term of office of the county solicitor of Pulaski county shall be four years. SEC. 3. 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. Approved Aug. 17, 1908.

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WALKER COUNTY, COUNTY COURT OF, ABOLISHED. No. 350. An Act to repeal an Act approved December 6th, 1900, entitled An Act to repeal an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 9th, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Walker; to provide for the transfer of all cases pending in the county court of Walker county, and all unfinished business, books and records thereof to the superior court of Walker county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the said Act approved December 6th, 1900, entitled An Act to repeal an Act to create a county court in each county in the State of Georgia, * * * so far as the same applies to the county of Walker, be, and the same is, hereby repealed, and the county of Walker may proceed to establish a county court in conformity with the Code Sections of 1895, to-wit: 4170 to 4217 inclusive, as if no such Act had heretofore been passed. County court of Walker county abolished. SEC. 2. 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. Approved August 6, 1908.

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TITLE II. MISCELLANEOUS ACTS Appling county, board of commissioners created. Baker county, board of commissioners abolished. Baker county, board of commissioners created. Baldwin county, board of commissioners, Act creating amended. Brooks county, protection of roads and bridges against log carts, etc. Calhoun county, commissionersnumber and election of. Campbell county, sale of near-beer, etc., prohibited. Carroll county, office of commissioner created. Chatham county, county police force, created. Cherokee county, board of commissioners created. Cherokee county, bonds of for public roads. Crisp county, board of commissioners created. DeKalb county, bonds for public roads. Dodge county, board of commissioners, Act creating amended. Dooly county, board of commissioners, Act creating amended. Emanuel county, real estate, how sold. Glascock county, commissioners of, election, etc. Glynn county, bonds of sinking fund commissioners. Glynn county, maintenance of public roads. Greene county, commissioner for, election, etc. Haralson county, Waco school district abolished. Haralson school district, Act incorporating amended. Hart county, board of commissioners abolished. Hart county, office of commissioner created. Henry county, removal of obstructions from streams of. Irwin county, office of commissioner abolished. Irwin county, board of commissioners created. Jackson county, board of commissioners, Act creating amended. Johnson county, board of commissioners created. Laurens county, board of commissioners, Act creating amended. Macon county, repair of bridge across Flint river.

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Monroe county, board of commissioners, Act creating amended. Newton county, board of commissioners, Act creating amended. Putnam county, board of commissioners, Act creating amended. Randolph county, board of commissioners, Act creating amended. Rockdale county, removal of obstructions from streams of. Sumter county, board of commissioners, Act creating amended. Telfair county, board of commissioners, Act creating amended. Terrell county, width of public roads. Towns and Union counties, protection of fish. Turner county, board of commissioners created. APPLING COUNTY, BOARD OF COMMISSIONERS CREATED. No. 382. An Act to create a board of commissioners of roads and revenues for Appling county, Georgia, and prescribe their duties and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That a board of commissioners of roads and revenues for the county of Appling, to consist of five persons, is hereby created. Said commissioners shall be freeholders and qualified voters of said county and shall reside in the road district from which they are elected, which districts are to be defined later in this Act. SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act, the said county of Appling shall be divided into five parts, or road districts, to be constituted as follows: That the 1390th Douglass district, 442nd Warnock and 1528th Taylor town districts shall form road district G. M. No. 1. The second road district shall include and be composed of 1583rd Louisville and 583rd Thornton districts, G. M. The third road district shall include and be composed of 1239th Surrency and 443rd Tillman district, G. M. The fourth road district shall include and be composed of 1563rd

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Deen and 457th Baxley districts, G. M. The fifth road district shall include and be composed of 1394th Melton and 457th Graham districts, G. M. Appling county road districts. SEC. 3. Be it further enacted by the authority aforesaid, That at the regular elections of county officers on the first Wednesday in October, 1908, there shall be elected by ballot five (5) discreet and upright citizens, who are resident freeholders of said county, who shall compose the board of commissioners of roads and revenues of said county, whose term of office shall begin January 1st, 1909, and two of said commissioners' term of office shall expire January 1st, 1911, or as soon thereafter as their successor in office may qualify, and the remaining number of said board shall hold their office for the term of four years, and the term of office of all the commissioners herein provided shall be for four years after the first two named terms have expired. All vacancies occurring in said board shall be filled by grand jury of said county first sitting after a vacancy may occur, and the appointment shall hold good until the first day of January after the next election, at which election a successor shall be elected for any part of said term which may not have expired. Board of commissioners, election, term of office, etc. SEC. 4. Be it further enacted by the authority aforesaid, That in the election of said commissioners, one for each road district is hereby prescribed, they shall be elected by the qualified voters of the entire county, and not by the qualified voters of any one district. How elected. SEC. 5. Be it further enacted by the authority aforesaid, That members of the board of commissioners herein created shall receive as their compensation two dollars per day for actual service. Said compensation to be paid out of the county treasury, upon the certificate of the chairman and clerk of said board. The said commissioners shall elect their clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the courthouse in said county, and who shall perform such other duties assigned or resubmit

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to the grand jury a complete statement in writing of the condition of the county property, paupers, finances, buildings and public roads; and when called upon by the grand jury, furnish full and distinct information concerning the public business of the county. Compensation. Clerk, duties and compensation. SEC. 9. Be it further enacted, That said commissioners shall be commissioned in the same manner as justices of the peace. How commissioned. SEC. 10. Be it further enacted, That a majority of said board shall constitute a quorum to pass upon all matters that may come before them at their regular meetings. Quorum. SEC. 11. Be it further enacted, That all defaulters be summoned for trial or arrested by such arresting officer of said county as the commissioners may appoint or any lawful constable of the county. Defaulters. SEC. 12. Be it further enacted, That one or more of said commissioners shall try all defaulters who refuse to pay the commutation tax assessed, or perform the necessary labor in lieu thereof on the public roads. Said commissioner shall hold court, or courts, for all defaulters at any time or times, at any place or places in the county that may be fixed by said authority; provided, that five days' notice be given of the time and place to said defaulters. Citation naming the place and time, left at the home of said defaulters, shall be sufficient notice. Trial of defaulters. SEC. 13. Be it further enacted, That there shall devolve upon the board of county commissioners created by this Act all the duties of the board of bridge and road commissioners provided for by an Act of 1903, entitled An act to create a board of road and bridge commissioners for Appling county, define their powers and prescribe their duties and for other purposes, approved July 16, 1903, as amended by Act of 1904, entitled An Act to amend an Act approved July 16, 1903, entitled `An Act to create a board of road and bridge commissioners

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for Appling county, define their powers, and prescribe their duties, and for other purposes,' approved July 29, 1904, as amended by Act of 1905, entitled An Act to amend an Act entitled `An Act to create a board of road and bridge commissioners for Appling county, define their powers and prescribe their duties, approved July 16, 1907,' so as to change the number of commissioners, provide for a general superintendent, to fix their compensation, and for other purposes, approved August 23, 1905. Duties, etc. SEC. 14. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1908. BAKER COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 501. An Act to repeal an Act entitled An Act to create a board of commissioners of roads and revenues for Baker county, approved February 26th, 1875. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the first day in January, 1911, an Act entitled An Act to create a board of commissioners of roads and revenues for Baker county, approved February 26, 1875, be, and the same is, hereby repealed. Board of commissioners of Baker county abolished. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 17, 1908.

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BAKER COUNTY, BOARD OF COMMISSIONERS CREATED. No. 536. An Act to create a board of commissioners of roads and revenues for the county of Baker; to define their powers and duties, and for other purposes pertaining thereto. 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 there shall be established in the county of Baker a board of commissioners of roads and revenues, to consist of five persons, to be elected by the qualified voters of said county in the manner hereinafter provided; and that three of said board shall constitute a quorum and be capable and duly authorized to transact all business appertaining to their office. Board of commissioners of Baker county. SEC. 2. Be it further enacted, That two (2) of the commissioners herein provided for shall be chosen and elected from the 957th district G. M. of said county, one from the 971st district G. M. of said county, and one from the 900th and one from the 1133rd districts of said county, who shall be discreet and intelligent freeholders and qualified voters of their respective districts. From what districts chosen. SEC. 3. Be it further enacted, That at the regular election for county officers, to be held in October, 1910, said board of commissioners of roads and revenues shall be elected for a term of two years, whose term of service shall begin on the first day of January, 1911, and who shall serve for a term of two years and until their successors are elected and qualified; they shall be elected in the same manner and at the same time as is provided for the election of county officers; said board shall perform all duties hereinafter prescribed and in the event

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of death, resignation or disability of either of the said commissioners or persons who may be elected, said vacancy or vacancies shall be filled by appointment of the judge of the superior court of said county until the next regular election for county officers, and their successor or successors are elected and qualified. Election. SEC. 4. Be it further enacted, That said board of commissioners shall meet at the courthouse in said county on the first Tuesday in each month, and on such other days as it may determine. Meetings. SEC. 5. Be it further enacted, That at the first meeting of said board they shall elect one of the members of said board as chairman, whose duty it shall be to preside at all meetings of said board, and call all special meetings of said board. Chairman. SEC. 6. Be it further enacted, That each member of said board shall receive a salary of sixty dollars per annum, to be paid monthly out of the treasury of said county, upon warrants regularly drawn by said board of commissioners. Compensation, SEC. 7. Be it further enacted, That said board of commissioners shall have power and authority to employ a clerk, whose salary shall be sixty dollars per annum, payable monthly out of the treasury of said county upon warrants drawn by said board on the county treasurer of said county. It shall be the duty of said clerk to attend all meetings of said board, and to enter in a wellbound book an accurate, full and complete minute of all the official acts and doings of said board of commissioners, and to keep a record of all warrants drawn upon the treasurer of said county, by said board, and to keep and file away all papers pertaining to business coming before said board, which shall be kept at the courthouse and be open and subject to any citizen of said county who desires to inspect same, and to submit all books and records to the grand jury of said county when required

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to do so by them, the same as the books and records of other county officers. Clerk, duties, etc. SEC. 8. Be it further enacted, That said commission, before entering upon the discharge of their duties, shall give bond in the sum of one thousand dollars each, with good and sufficient security, to be approved by and payable to the ordinary of said county and his successors in office, and conditioned for the faithful and prompt performance of the duties of their positions as such commissioners; which said bonds shall be filed in his office. Said commissioners shall each, at the time of executing and signing their bonds before the said ordinary, take and subscribe to the following oath, to-wit: I,....., do solemnly swear that I will faithfully discharge the duties of commissioner of roads and revenues for the county of Baker, and that I will so act as in my judgment will be most conducive to the welfare and prosperity of said county, so help me God, which oath shall be spread upon the minutes of the ordinary's court, and the original filed in his office. Bond and oath of commissioners. SEC. 9. Be it further enacted, That said board shall have exclusive and original jurisdiction over the following subject matters, to-wit: 1. In directing and controlling all the property of the county as they may deem expedient, according to law. 2. In levying a general tax for general, and a special tax for particular, county purposes, according to the provisions of the Code. 3. In establishing, altering or abolishing all roads, bridges and ferries, in conformity to law. 4. In establishing and changing election precincts and militia districts. 5. In supplying, by appointment, all vacancies in county offices, and ordering elections to fill them. 6. In examining and allowing all legal claims against the county. 7. In examining and auditing the accounts of all officers, having the care, management, keeping, collection or disbursement of money belonging to the county or appropriated for its uses and benefits, and bringing them to a settlement. 8. In the regulation and

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management of paupers, and disbursement of pauper fund. 9. In regulating peddling in the county, and fixing the cost of license, if any be granted, and shall have the same powers in appointing road commissioners, and enforcing the road laws, as the superior courts or the justices thereof had by the Code of this State prior to the ratification of the present Constitution; and shall exercise such other powers as were granted by said Code to said justices of said court, or as are indispensable to their jurisdiction, and shall have no jurisdiction save and except such as pertains to county matters. That said commissioners shall have the same jurisdiction, to the exclusion of the ordinary, as was exercised by said ordinary when sitting for county purposes, except such as to homestead applications, and except as a court of probate, or court of ordinary, and except such other powers and duties, exercised by said court of ordinary, prior to the adoption of said Constitution, as a court or otherwise. Powers of board. SEC. 10. Be it further enacted, That this Act shall not go into effect until the first day of January, 1911, except in so far as it relates to the election of said board, and is in no way to interfere with the present board of commissioners of roads and revenues prior to that time. Act effective, when. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 17, 1908.

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BALDWIN COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 541. An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues for the county of Baldwin, to prescribe the powers and duties thereof, and for other purposes, approved Dec. 26, 1888, and for other purposes. 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 Section 9 of an Act entitled An Act to create a board of commissioners of roads and revenues for the county of Baldwin, to prescribe the powers and duties thereof, and for other purposes, approved December 26, 1888, be and the same is hereby amended by striking all of said Section after the word Georgia, in the second line thereof, and inserting in lieu thereof the following words: That said commissioners shall receive as compensation for their services such salary as the grand jury of Baldwin county, sitting next before the beginning of the said commissioners' terms of office, shall prescribe, which salary shall be paid by the treasurer of the county, and said salary shall not be diminished during their term of office. Board of commissioners of Baldwin county. Compensation, how fixed. SEC. 2. 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. Approved Aug. 17, 1908.

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BROOKS COUNTY, PROTECTION OF ROADS AND BRIDGES AGAINST LOG CARTS, ETC. No. 533. An Act to regulate log carts, traction engines or other teams loaded with logs that drag upon the ground or swing from side to side traveling over the public bridges and roads of Brooks county, requiring the owners of such vehicles to first obtain permission from the county commissioners of said county before driving such teams over the bridges and roads of said county, giving said county commissioners authority to grant such permission so to do upon such terms as said commissioners may impose, providing a penalty for the owners and persons operating such vehicles from passing over the roads and bridges of said county without having obtained permission from said county commissioners, providing that no engine or team, which when loaded, shall weigh four tons or more, shall pass over the bridges of Brooks county, providing a penalty for any person driving such a team over said bridges, and for other purposes. 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 from and after the passage of this Act it shall be unlawful for any log-cart, traction engine or team of any character loaded with logs in such manner that said logs shall drag the roads, or are left so as to swing from side to side to pass over the public roads and bridges of Brooks county without first obtaining permission of the county commissioners of said county. Log carts, traction engines, etc. SEC. 2. Be it further enacted, That the county commissioners of said county may grant permission for such teams so loaded to pass over roads and bridges of

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Brooks county upon such terms and conditions as said commissioners may impose. And the owners of such teams shall be liable to pay any damages to such roads and bridges of said county that may be caused by the operation of such vehicles loaded as aforesaid. Permission, damages. SEC. 3. Be it further enacted, That any person owning and operating such an engine or team so loaded upon said roads and bridges without having obtained permission from said commissioners and complying with the requirements of said commissioners shall be guilty of a misdemeanor, and upon conviction be punished as provided by Section 1039 of Vol. 3 of the Code of Georgia of 1895. Punishment for violation. SEC. 4. Be it further enacted, That it shall be unlawful for any engine, vehicle or team of any character weighting with its load four tons or over, to go over any of the public bridges of Brooks county. Any person conducting vehicles as above described over any of the public bridges of said county, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided by Section 1039 of Vol. 3 of the Code of 1895. Engines, vehicles, etc. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Aug. 17, 1908. CALHOUN COUNTY, COMMISSIONERS, NUMBER AND ELECTION OF. No. 367. An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from

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three to five; to provide that they shall be elected by popular vote; to provide that one of said commissioners shall be elected from each of the five militia districts of said county, and for other purposes. 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 from and after January 1st, 1909, the board of commissioners of roads and revenues of Calhoun county shall consist of five persons, instead of three. Said commissioners shall be elected at the next general election for county officers for the county of Calhoun, to be held on the first Wednesday in October, 1908, and one of said commissioners shall be elected from each of the five militia districts of said county, i. e., one of said commissioners shall be elected from the 1123rd (Morgan) district, one from the 1316th (Edison) district, one from the 1304th (Cordray's) district, one from the 626th (Leary) district, and one from the 574th (Arlington) district. Said commissioners of roads and revenues after being so elected, and shall have qualified as hereinafter provided, shall hold their office for two years from January 1st, 1909, and until successors are elected and qualified, and their successors shall in like manner hold office for two years, and be elected at the general election for county officers every two years. Board of commissioners of Calhoun county. Election, terms of office, etc. SEC. 2. Be it further enacted by the authority aforesaid, That upon the election of said commissioners, as provided for in the above Section of this Act, it shall be the duty of the clerk of the superior court of Calhoun county to certify to the Governor under his seal of office, the names of the persons so elected, and the Governor, upon receipt of said certificate shall commission them for the term to which they have been elected; and upon the presentation of their commissions, and taking the oath hereinafter prescribed, they shall enter upon the discharge of their duties. Commission. SEC. 3. Be it further enacted by the authority aforesaid,.

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That no person shall enter upon the discharge of the duties of said office until he shall have taken the following oath of office, which oath shall be administered by the ordinary of said county, and which oath shall be by the ordinary recorded on the minutes of the court of ordinary, to-wit: You, and each of you, do swear that you will faithfully discharge the duties of commissioner of roads and revenues of Calhoun county, and in all matters which require your official action, to the best of your knowledge and skill, you will so act as in your judgment will be most conducive to the welfare and best interests of the entire county, so help you God. Oath. SEC. 4. Be it further enacted by the authority aforesaid, That any vacancy occurring in said board of commissioners, from any cause whatever, shall be filled by the remaining members of the board, electing some suitable person to fill such vacancy, who shall be elected from the district in which said vacancy occurred, and who shall take the oath prescribed in this Act, and the person so elected, after taking the oath, shall enter upon the duties of said office, and hold the same for the unexpired term. Vacancy, how filled. SEC. 5. Said commissioners shall have exclusive jurisdiction over the following matters, to-wit: In directing and controlling all of the property of the county that they may deem expedient, according to law; in levying all taxes which they are authorized to do according to law; in establishing, altering or abolishing public roads, bridges and ferries in conformity to law; in establishing, abolishing and changing election and militia districts; in supplying by appointment all vacancies in county offices, and in ordering elections to fill them; in examining, settling and allowing all claims against the county; in examining and auditing the accounts of all officers having the care, management, keeping, collection or disbursement of money belonging to the county, or appropriated for its use and benefit, and bringing them

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to a settlement; in making such rules and regulations for the support of the poor of the county as authorized by law, and not inconsistent therewith; in regulating peddling, and fixing costs of license therefor, and such other powers as were by law vested in the inferior court when sitting for county purposes, prior to the adoption of the Constitution of 1868. Powers. SEC. 6. Be it further enacted by the authority aforesaid, That three of said board shall constitute a quorum for the transaction of business, and three of said commissioners must concur in order to pass any order, or let any contract, or grant or allow any claim against the county. Quorum. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners shall hold their regular monthly meetings on the first Tuesday in each month, or at such other-times or date as may be fixed by said commissioners for their regular monthly meetings. Said commissioners may hold special meetings, in addition to their regular monthly meetings, whenever the interests of the county demand it. They shall keep [Illegible Text] minutes, in a well-bound book, of all their official acts. Meetings. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioners when in session shall have power to punish for contempt, and may, in their discretion, order the sheriff or his deputy to attend their sessions. Contempt. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners may employ some competent person to act as clerk of said board of commissioners of roads and revenues, and pay him such compensation as they may deem reasonable and just, not to exceed one hundred dollars per annum. And it shall be the duty of such clerk to attend each session of said board, and keep a fair and regular book of minutes of all the transactions of the board, and to keep such other

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books and perform such other duties, not inconsistent with the law, as may be required of him by said board; and before entering upon the duties of his office, he shall take and subscribe an oath before one of said commissioners, to faithfully discharge the duties required of him as clerk of said board, and also enter into bond, with good security, to be approved by said board, in the sum of five hundred dollars, payable to said board of commissioners and their successors in office, conditioned for the faithful discharge of his duties as such clerk; and said clerk shall hold his office at the discretion of said board, subject to be removed at any time; and he shall be exempt from road, militia and jury duty. Clerk, duties, oath, compensation, etc. SEC. 10. Be it further enacted by the authority aforesaid, That said commissioners shall be each paid the sum of four dollars per day for each day actually engaged in the discharge of their official duties as such commissioners; and they shall be exempt from road, jury and militia duty. Compensation of commissioners. SEC. 11. Be it further enacted by the authority aforesaid, That after their election in October, 1908, and after having qualified as hereinbefore provided, said board of commissioners of roads and of said county shall immediately after January 1st, 1909, organize and take the oath as hereinbefore prescribed, and shall elect one of their number as chairman, and shall be empowered with all the duties hereinbefore enumerated. Chairman. SEC. 12. Be it further enacted by the authority aforesaid, That the Act approved February 22, 1877, in so far as it conflicts with this Act, and all other laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1908.

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CAMPBELL COUNTY, SALE OF NEAR BEER, ETC., PROHIBITED. No. 482. An Act to make unlawful the sale of Bud Beer, or any so-called near beer or any malt drink or beverage containing as much as one-half of one per cent of alcohol within the limits of the county of Campbell; to fix the penalies therefor, and for other purposes. 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 from and after the passage of this Act, it shall be unlawful for any person to sell Bud Beer or any so called near beer, or any malt drink or beverage containing as much as one-half of one per cent of alcohol, within the limits of the county of Campbell. Provided, that this Act does not include within its purview any intoxicating liquor unlawful to be sold under the general laws of this State. Near beer, sale of prohibited. SEC. 2. Be it further enacted, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and shall, upon conviction, be punished as provided in Section 1039 of the Code of 1895. Punishment for violation. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved Aug. 17, 1908.

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CARROLL COUNTY, OFFICE OF COMMISSIONER CREATED. No. 511. An Act to create the office of commissioner of roads and revenues for the county of Carroll, to provide for an election to fill office, to prescribe qualifications, duties and powers of such officer, fix his salary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the office of commissioner of roads and revenues for the county of Carroll shall be and is hereby created. Commissioner of roads of Carroll county. SEC. 2. Be it further enacted by the authority aforesaid, That from the qualified voters of said county there shall be elected every four years a commissioner of roads and revenues for said county, whose term of office shall commence on the first Monday in January, 1909, and continue for four years and until his successor is elected and qualified. Election, term of office. SEC. 3. Be it further enacted by the authority aforesaid, That said commissioner shall be elected at the same time and in the same manner and by the same electors as county officers are elected. How elected. SEC. 4. Be it further enacted by the authority aforesaid, That, if there should be a vacancy in said office from death, resignation, removal from the county, or other cause, the ordinary of said county shall order an election to fill such vacancy for the unexpired term, of which election he shall give twenty days' notice in the newspaper wherein the sheriff's advertisements are published, which election shall be held as elections for

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county officers; and until the vacancy is filled, said ordinary shall perform the duties of such commissioner. Vacancy, how filled. SEC. 5. Be it further enacted by the authority aforesaid, That, before entering upon the discharge of his duties, said commissioner shall give bond and surety before the ordinary of said county, payable to the Governor and his successors in office, in the sum of two thousand dollars, conditioned for the faithful discharge of the duties of his office and to account for all moneys that may come into his hands as such commissioner, and must take and subscribe the oath required of all civil officers and also the following oath: I do swear that I will well and faithfully discharge the duties of commissioner of roads and revenues for the county of Carroll, during my continuance in office, according to law, to the best of my knowledge and ability, without favor or affection to any party. So help me God. Bond and oath. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioner of roads and revenues shall have original and exclusive jurisdiction over all the subject matters mentioned and embraced in Section 4238 of the Civil Code of 1895; and over such other county matters as by law have been placed under the jurisdiction of ordinaries or other authorities having control of county matters; and over the levying and collection of road taxes, commutation taxes, and the working of the public roads, and the building of bridges, and the appointment and employment of such persons for specific purposes appertaining to roads and bridges, as are authorized by law; and over all such county matters as was held and exercised by the inferior court when sitting for county purposes prior to the adoption of the Constitution of 1868. Powers of commissioner. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioner shall sit specially on the first Mondays and first Tuesdays of each month at the courthouse in said county as a court for county purposes,

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and for the exercise of such powers as he has as a quasi-corporation, contra-distinguished from his power as a court, and he shall also keep his office open on all Saturdays for the transaction of the business of his office, and at such other times as may be necessary. At all other times when the duties of his office and the condition of the weather will permit, it shall be his duty to personally inspect the public roads and bridges of said county, supervise and, so far as practicable, superintend and direct the work on, and those in charge of the working of, the public roads and building of bridges. Sittings, inspection of roads, etc. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioner shall receive for his services as such, a salary of twelve hundred dollars per annum, to be paid monthly out of the treasury of said county. He shall also be authorized to employ a clerk at a salary not exceeding three hundred dollars per annum, to be paid monthly out of said treasury. Said commissioner shall receive no fees. Compensation, SEC. 9. Be it further enacted by the authority aforesaid, That said commissioner shall keep such records of county matters as are now by law required to be kept by ordinaries where they have jurisdiction of county matters, and to make such reports to the grand juries as such ordinaries or other authorities having control of county matters are required to make. Records. SEC. 10. Be it further enacted by the authority aforesaid, That in case of the disqualification of said commissioner in any matter that may come before him, the ordinary of said county shall have power and authority to act in his place and stead. Disqualified, ordinary acts. SEC. 11. 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. Approved August 17, 1908.

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CHATHAM COUNTY, COUNTY POLICE FORCE, CREATED. No. 464. An Act to create in and for the county of Chatham, a county police force; to provide for its organization, regulation, government, control and protection; to fix the duties and determine the authority of the members thereof; to provide for the expenses of such police force; to fix the compensation of the members thereof, and for other purposes. 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 from and after the passage of this Act, the commissioners of Chatham county and ex-officio judges of the county of Chatham, State of Georgia, are authorized and empowered and hereby directed to create, organize and maintain a county police force in and for the county of Chatham, which county police force shall consist of not less than five men which force of men may be increased from time to time and which may be decreased from time to time to a number not less than five men by said commissioners of Chatham county and ex-officio judges when they shall deem such increase or decrease necessary and proper; and shall establish an office or quarters for said county police force in the Chatham county courthouse. County police. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioners of Chatham county and ex-officio judges are authorized and empowered and hereby directed to appoint all members of said county police force; to create one member of such force as chief thereof; to make and promulgate all necessary rules and regulations for the organization and government of said county police force; to exercise immediate control over

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them; to remove them, or any of them, at their discretion, and fill all vacancies which shall occur for any reason whatsoever; to grant orders on the county treasurer of Chatham county for the payment of the salaries of such police and for the payment of the expenses of such county police force which shall be incurred by and with the consent of said commissioners of Chatham county and ex-officio judges; and it shall be the duty of the treasurer of Chatham county to pay such orders out of any money in the county treasury. Chief, rules, etc. SEC. 3. Be it further enacted by the authority aforesaid, That no person shall be appointed to said county police force unless he be a reputable citizen of Chatham county, not less than twenty-one years of age, of good moral character and otherwise meet such requirements as may be demanded by the said commissioners of Chatham county and ex-officio judges. Every member of such county police force shall subscribe to the following oath: I do solemnly swear (or affirm as the case may be) that I will during my continuance in office, to the best of my ability and skill, faithfully discharge all the duties which may be required of me; that I will, in all cases, conform to the rules and regulations which shall be made by the commissioners of Chatham county and ex-officio judges; and forthwith report all violations of the law of the State of Georgia which may come to my knowledge. And shall give a bond with security to be approved by said commissioners of Chatham county and ex-officio judges in the sum of one thousand dollars, payable to said commissioners and conditioned upon the faithful discharge of his duties. Qualifications, oath and bond. SEC. 4. Be it further enacted by the authority aforesaid, That the members of said county police force shall be clothed, in addition to such authority as shall be given them by the said commissioners of Chatham county and ex-officio judges, with all the authority, as to the enforcement of the law, the preservation of the peace

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and the upholding of the dignity of the State of Georgia, as special deputy sheriffs, constables and other peace officers are now clothed by law, and it shall be the duty of such county police force to patrol Chatham county as they shall be directed by said commissioners of Chatham county and ex-officio judges; to enforce all rules and regulations as shall be made and promulgated by said commissioners of Chatham county and ex-officio judges for the government of county property; to arrest persons for violations of State laws or who are charged with violations of State laws or who are charged with violations of ordinances of the city of Savannah and who have fled from arrest therefrom; to execute criminal warrants; to preserve order, to discharge in Chatham county such duties as are usually performed by police in cities and other peace officers, and generally to obey all orders of the commissioners of Chatham county and ex-officio judges. Powers. SEC. 5. Be it further enacted by the authority aforesaid, That the members of such police force shall receive as compensation for their services as such, such salaries as the commissioners of Chatham county and ex-officio judges shall determine, which salaries shall be payable monthly, and the commissioners of Chatham county and ex-officio judges shall be authorized to appoint a clerk to the said county police force who shall be compensated in such sum as the said county commissioners and ex-officio judges shall determine. Compensation. SEC. 6. Be it further enacted, That any person or persons who shall interfere with a member or members of such county police in the discharge of his or their duty or who shall resist arrest at the hands of a member or members of said force shall be guilty of a misdemeanor. Interference with, punished. SEC. 7. Be it further enacted by the authority aforesaid,

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That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. CHEROKEE COUNTY, BOARD OF COMMISSIONERS CREATED. No. 543. An Act to create a board of roads and revenues for the county of Cherokee, defining the powers, authority and limitations of said board, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after January 1st, 1909, there shall be established in the county of Cherokee a board of roads and revenues consisting of five persons, namely: The ordinary of the county shall, ex-officio, be a member of said board, and shall be the chairman of the same. The county shall be divided into four divisions which shall each be represented by one member of said board. The first shall be composed of 960 District G. M., 971 Dictrict G. M., 1008 District G. M., and 1028 District G. M., and in the first organization shall be represented by J. R. Moore. The second shall be composed of 792 District G. M., 818 District G. M., 1031 District G. M., and 1032 District G. M., and shall be represented by James Quarles. The third division shall be composed of 1000 District G. M., 1010 District G. M., 1015 District G. M., and 1174 District G. M., and shall be represented by Thomas N. Smith. The fourth division shall be composed of 817 District G. M., 890 District G. M., 1019 District G. M., and 1279 District G. M., and shall be represented by Sanford Barnes. All of whom shall hold

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their office till the regular time of holding the election for State and county officers in the year 1910, when each division shall elect one member living in said division in the same manner now provided for electing members of the legislature. Every two years thereafter one member of said board shall be elected from each division by the qualified voters of said division in the same manner and at the same time of electing members of the legislature. All members shall hold their office till their successors are elected and qualified. Board of commissioners of roads and revenues of Cherokee county. Election, term of office, etc. SEC. 2. Be it further enacted, That at the regular election for State and county officers every two years thereafter each group of four militia districts shall have the right to elect as above mentioned by the qualified voters of each group of four militia districts, and shall hold their office until their successors are elected and qualified. Rotation. SEC. 3. Be it further enacted, That upon election of said board as provided for in above Sections of this Act, it shall be the duty of the clerk of the superior court to certify to the Governor, under seal of his office, the names of the persons so elected, and the Governor upon receipt of said certificate shall commission them for the term for which they have been elected; and upon the presentation of their commission and taking the oath hereinafter prescribed, they shall enter upon the discharge of their duty. Commission. SEC. 4. Be it further enacted, That no person shall be eligible to said office until he shall have taken the following oath of office, which shall be administered by the ordinary of said county, and which oath shall be by the ordinary recorded on the minutes of the court of ordinary, to-wit: You, and each of you, will faithfully discharge the duties of commissioners of roads and revenues of Cherokee county, and in all matters which require your official action, to the best of your knowledge and skill, you will so act as in your judgment will be

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most conducive to the welfare and prosperity of the entire county, so help you God. Oath. SEC. 5. Be it further enacted, That three of the board shall constitute a quorum for the transaction of business, and that three must concur in order to pass any order or grant, or allow any claim against the county. Quorum. SEC. 6. Be it further enacted, That no commissioners shall contract with or furnish any supplies to the county. Certain contracts forbidden. SEC. 7. Be it further enacted, That each member of the board shall receive as his compensation $2.50 per diem for time actually served. Compensation. SEC. 8. Be it further enacted, That any vacancy occurring in the board, from any cause whatsoever, the remaining members of the board shall elect some suitable person who shall take the oath of office prescribed in this Act, and the person so elected, after taking the oath, shall enter upon the duties of said office and shall hold the office until the next regular election prescribed in this Act. Vacancy, how filled. SEC. 9. Be it further enacted, That the holding of the office of county commissioner of Cherokee shall disqualify any of the said commissioners from holding any other office in this State during the term for which they may have been elected, and they shall be exempt from militia or jury duty during their term of office. Disqualification, exemption. SEC. 10. Be it further enacted, That said board of commissioners shall have exclusive jurisdiction over the following subject matters, to-wit: Jurisdiction. (1) In the contract and management of county property, money or other things due to or belonging to the county. County property. (2) In levying a general tax for a general purpose, in accordance with law. Tax.

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(3) In the general management, working, establishing, altering, abolishing and maintaining all public roads, bridges and ferries, which shall include the appointment of overseers, laborers, buying machinery, mules, wagons and other necessaries for carrying on work on the same. Roads, bridges, etc. (4) In establishing and changing election precincts and militia districts. Election precincts. (5) In examining and settling and allowing all claims against the county. Claims against county. (6) In examining the public records of the various officers of the county and referring the same to the grand jury of said county at each regular term of the superior court. Public records. (7) In providing for the poor of the county, and for the promotion of health as granted by law or not inconsistent therewith. Poor. (8) In regulating and granting licenses as may be permitted by law. Licenses. (9) To assess and approve the bonds of officers of said county. Bonds. (10) To do such other things as may be allowed them, and to maintain constant supervision of the county affairs as provided by law, that heretofore devolved upon the ordinary of the county. County affairs. SEC. 11. Be it further enacted, That it shall be the duty of said commissioners to direct paid all orders drawn upon the funds of the county before the treasurer of said county shall be authorized to pay the same, which orders are to be signed by the chairman and clerk of the commissioners. Orders. SEC. 12. Be it further enacted, That said commissioners shall hold their regular meeting upon the first Tuesday in each month, which may be continued from day to day as they think best; and shall keep a record of all their proceedings in a well-bound book to be purchased

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by them for that purpose, which record shall be submitted by them to the grand jury of the superior court at each regular term of said superior court. Said commissioners may hold special sessions in addition to their regular monthly meeting whenever the interest of the county demands it. Meetings. SEC. 13. Be it further enacted, That the clerk of the superior court shall be, by virtue of his office, clerk of the board of commissioners, and shall keep all records of proceedings of said board and shall have the same pay as the commissioners shall receive. Clerk. SEC. 14. Be it further enacted, That the sheriff of said county shall, by virtue of his office, be sheriff of said board in and for opening courts and carrying out instructions of said board, keeping order, etc., shall receive $2.50 per day as commissioners and clerk. Sheriff. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act, the same are hereby repealed. Approved August 17, 1908. CHEROKEE COUNTY, BONDS OF FOR PUBLIC ROADS. No. 326. An Act to authorize the road commissioners of Cherokee county to order and have held an election by the qualified voters of said county to determine whether or not bonds shall be issued by Cherokee county to be sold for the purpose of establishing and laying out public roads, purchasing all necessary machinery, material

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for grading, macadamizing all the leading public roads of said county, for working roads, for building and repairing bridges, and assessing, levying and collecting a tax on all the property, both real and personal, in said county, for the purpose of paying interest upon said bonds, as well as the principal thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the commissioners of roads and revenues of Cherokee county are authorized and empowered to have held an election by the qualified voters of said county, to determine whether or not the county of Cherokee shall issue bonds for the purpose of grading, improving, macadamizing, laying out new roads in said county. Bond election authorized. The election to be held in accordance with the provision of Sections 377 to and inclusive of 380 of Vol. 1 of Code of Georgia, 1895. The bonds to be issued in such sums as the commissioners may think best, and at such times as may be needed and not to exceed in the aggregate over four hundred thousand ($400,000.00) dollars. The election to be held at such time as the commissioners think best. Those favoring the issue of bonds shall have written or printed on their ticket, For Bonds. Those opposing the issue of bonds to have written or printed on their ticket Against Bonds. SEC. 2. Be it further enacted, That if said election herein provided for be in favor of bonds for said purpose then said road commissioners of said county shall be and are hereby authorized to issue the bonds of said county of Cherokee in sums so directed. Said bonds to be designated public road bonds of the county of Cherokee. Said bonds when so issued shall be sold by said commissioners in such a way as may seem most advantageous for said county, and the proceeds thereof shall be used for the purpose of purchasing necessary machinery,

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material, grading, working, macadamizing, establishing and maintaining the public roads of said county, and for no other purpose. Bonds, sale of and proceeds. SEC. 3. Be it further enacted, That the commissioners of said county shall be empowered to annually assess, levy and collect a tax not to exceed one per cent. on all property both real and personal in Cherokee county in such sums as they may deem right, proper and necessary for the specific purpose of paying the interest on said bonds, and also to create a sinking fund sufficient to redeem and pay off said bonds at the maturity thereof, and the tax assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said county, and shall be used solely for the payment of the interest on said bonds as it may accrue, and for the creation of a sinking fund for the payment of the principal of the same. Tax for redemption. SEC. 4. Be it further enacted, That if the election herein provided for shall be against the issue of said bonds, that the commissioners of said county, at any time after the expiration of one year from the date of said first election, may order another election under the provision of this Act, and may so continue until the issuance of bonds is authorized by the legal voters of said county in the manner provided by law. Elections may be had yearly until bonds authorized. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1908.

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CRISP COUNTY, BOARD OF COMMISSIONERS CREATED. No. 354. An Act to create a Board of county commissioners for the county of Crisp, to prescribe the duties and powers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That at every general election following our next primary, there shall be three commissioners, who are freeholders, and who are residents and qualified voters of Crisp county, elected by the people for a term of two year each, or until their successors are elected and qualified. Board of commissioners of Crisp county. SEC. 2. Be it further enacted, That Crisp county shall be divided into three sections, one of each to have a member on the Board of Commissioners, elected within their district, and that the sections shall be as follows: Cordele and the tenth district, one commissioner; the fourteenth district and any and all of the section of Worth county that may be hereafter transferred into Crisp county, one commissioner; the eleventh district and the thirteenth district, one commissioner. And J. S. Pate for the Cordele and tenth district, S. C. Byrd for the fourteenth district and any new territory that may be added to Crisp county, and J. M. Conner, Jr., for the eleventh and thirteenth districts, are hereby appointed to perform all duties, take charge of all roads and revenues, and to remain in office until their successors, as per Section No. 1 shall have been elected and qualified. In case of the death of either of the above commissioners, or their disability to serve, and the office is made vacant before the expiration of their term,

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the vacancy shall be filled as in case of the vacancy of any other county officer. Commissioners, who shall be. SEC. 3. Be it further enacted, That said commissioners shall make oath before the judge of the superior court, or ordinary of the county, to discharge their duties faithfully and honestly, and wisely administer the affairs and funds in their charge; That regular meetings shall be held at the courthouse once a month, and a majority in all commissioners meetings shall control; A chairman shall be elected at their first meeting in each year, and a clerk shall also be elected at said meeting, his duties set forth, and ample bond required for the performance of the same; a complete and itemized statement of all receipts and expenditures shall be submitted to each session of the grand jury. Oath, meetings, chairman, etc. SEC. 4. Be it further enacted, That said commissioners shall have direct control of all matters now vested in the ordinary as relates to roads, bridges, public buildings, property, misdemeanor convicts, management of county jails and its fees, control and support of paupers, and such other things as are usual under the laws of the State. Powers. SEC. 5. Be it further enacted, That a system of working roads by convicts be installed and providing commissioners with authority to either work them on the roads of Crisp county, or hire them out whenever, in their judgment, it is to the best interest of the county to do so. Convicts, work on roads. SEC. 6. Be it further enacted, That all money arising from the road tax and from the commutation tax from hire of convicts, and all other funds coming into their hands, shall be disbursed by said commissioners and applied to the work of roads in Crisp county, or for the repairs of the county's buildings or other property. Disbursements. SEC. 7. Be it further enacted, That commissioners shall receive the same pay per diem that is paid the

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grand and traverse jurors, and in addition thereto shall be reimbursed for their expenses of railroad fare and cost of teams when traveling in the exclusive interest of the county, in their capacity as commissioners. Compensation. SEC. 8. Be it further enacted, That commissioners shall be commissioned in the same manner as justices of the peace. Commission. SEC. 9. Be it further enacted, That all disbursements shall be made by voucher-checks to be signed by two commissioners, or by one commissioner and the clerk. Voucher-checks. SEC. 10. Be it further enacted, That said commissioners be required to prepare a monthly itemized statement of all receipts and disbursements and have same printed in one of the papers published in Cordele, Georgia. Monthly statements. SEC. 11. Be it further enacted, That the ordinary of said county of Crisp shall deliver to said commissioners all books and papers relating to the jurisdiction and powers herein conferred upon said commissioners, and said ordinary shall have no power to exercise any of the powers herein conferred upon said commissioners after their election and qualification; Said commissioners to be exempt from road, jury and militia duty, and shall be subject to prosecution for malpractice in office in the same manner as justice of the peace. Ordinary. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1908.

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DEKALB COUNTY, BONDS FOR PUBLIC ROADS. No. 428. An Act to authorize the county of DeKalb to issue bonds for the purpose of building public roads in said county. SECTION 1. Be it enacted by the General Assembly of Georgia, That authority is hereby granted to the county of De Kalb to issue bonds for the purpose of building permanent roads in said county to an amount not to exceed three hundred thousand ($300,000.00) dollars. Bonds. SEC. 2. Before said bonds shall be issued the county commissioner of said county shall, by appropriate order entered upon the minutes direct that said bonds shall be issued and the amount thereof, together with all terms, rate of interest, time of maturity, place of payment, and other details, and provide in said order for notice according to law, and for the election according to law. Bonds, how issued, notice election, etc. SEC. 3. Thereafter, when all of the provisions of the laws and Constitution of Georgia upon the subject of the issuance of bonds shall have been complied with, said bonds may be issued in accordance with the notice given, and shall become an obligation binding upon the people of said county and upon said county with all the qualities of commercial paper. Issued, when. SEC. 4. All laws and parts of laws in conflict with this Act shall be and are hereby repealed. Approved August 14, 1908.

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DODGE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 508. An Act to amend an original Act entitled, an Act to create a board of commissioners of roads and revenues for the county of Dodge, etc., approved August 6, 1904, so as to authorize the judge of the superior court of said county, upon recommendation by the grand jury of said county, to appoint the members of said board of commissioners of roads and revenues, and to increase the compensation of said commissioners. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled, an Act to create a board of commissioners of roads and revenues for the county of Dodge; to provide for the election of members thereof by the qualified voters of said county, to define their powers and duties, and for other purposes, approved August 6, 1904, be, and the same is, hereby amended by striking out from the second and third lines of the title of said Act the words election and qualified voters, respectively, and inserting in lieu thereof the words appointed, and judge of the superior court of said county, upon recommendation by the grand jury, respectively, so that said title, when amended, will read as follows: An Act to create a board of commissioners of roads and revenues for the county of Dodge; to provide for the appointment of members thereof by the judge of the superior court of said county, upon recommendation by the grand jury of said county; to define their powers, and duties, and for other purposes. Commissioners, appointment of.

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SEC. 2. Be it further enacted by the authority aforesaid, That the first Section of said Act be, and the same is, hereby amended by striking therefrom the word elected in the seventh line, and inserting in lieu thereof the word appointed, so that said Section, when amended, will read as follows: That a board of commissioners of roads and revenues for the county of Dodge, to consist of five (5) persons, is hereby created. Said commissioners shall be freeholders and qualified voters of said county, and shall reside in the road district from which they are appointed, which districts are to be defined later on in this Act. SEC. 3. Be it further enacted by the authority aforesaid, That the third Section of said Act be, and the same is, hereby amended by striking therefrom the first, second, third, fourth, fifth, sixth, and seventh lines and inserting in lieu thereof the following, to-wit: That said commissioners shall be appointed by the judge of the superior court of said county, upon recommendation by the grand jury of said county, as the terms of office of the present commissioners expire, during the regular fall term of the superior court of said county, prior to the expiration of such members' term of office, and beginning at the second the in the eighth line, strike therefrom the ninth, tenth, and eleventh lines, and a portion of the twelfth line, including the word effect, and the word election in the fourteenth line, inserting in lieu thereof the word appointed, so that said Section, when amended will read as follows: That said commissioners shall be appointed by the judge of the superior court of said county, upon recommendation by the grand jury of said county, as the terms of office of the present commissioners expire, during the regular fall term of the superior court for said county, prior to the expiration of such member's term of office. The term of office of each commissioner shall be four years. Said commissioners shall qualify and begin their term of

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service on the first day of January immediately succeeding their appointment. SEC. 4. Be it further enacted by the authority aforesaid, That the fourth Section of said Act be, and the same is, hereby amended by striking out from the third line the word two, and inserting in lieu thereof the word three, so that said Section when amended, will read as follows: That members of the board of commissioners herein created shall receive as their compensation three dollars per day for each day of actual service, said compensation to be paid out of the county treasury by the county treasurer upon the certificate of the chairman and clerk of said board. The said commissioners shall elect the clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the courthouse in said county, and who shall perform such other duties as may be assigned him by said board. He shall receive such compensation for the performance of his duties as may be fixed by the board in advance of his election not to exceed two hundred and fifty dollars per year. Said clerk shall not be a member of the said board of commissioners. The said commissioners shall at their first meeting elect a chairman of said board from their own membership, fix his term and prescribe his duties, said commissioners shall give bond in the sum of five hundred dollars each, with sufficient security, to be approved by the judge of superior court of said county, payable to the ordinary of said county and his successors in office, and conditioned for the faithful performance of their duties as commissioners. Before entering upon their duties said commissioners shall take an oath before the ordinary for the faithful performance of their duties. Compensation. SEC. 5. Be it further enacted by the authority aforesaid, That Section seven of said Act be, and the same is, hereby amended by striking therefrom, beginning with the word at, in the third line and ending with

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and including the word term in the seventh line, and inserting in lieu thereof the following: by appointment by the judge of the superior court of said county, upon recommendation by the grand jury of said county, the appointee being selected from the district where the vacancy was made, and the word elected from the eighth line, and inserting in lieu thereof the word appointed, so that said Section, when amended, will read as follows: That any vacancies that may occur in said board by death, resignation, removal or otherwise, shall be filled by appointment by the judge of the superior court of said county, upon the recommendation of the members of said board, the appointee being selected from the district where the vacancy was made. Removal from any road district by a commissioner appointed for such road district shall vacate his office. Vacancies how filled. SEC. 6. 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. Approved August 17, 1908. DOOLY COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 339. An Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Dooly, to prescribe the duties and powers thereof, and for other purposes so as to provide for the election of the members of said board of commissioners by the people, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the

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same, That from and after the passage of this Act, an Act entitled, an Act to create a board of commissioners of roads and revenues for the county of Dooly, to prescribe the duties and powers thereof, and for other purposes, be, and the same is hereby amended as follows, to-wit: By striking the following words in Section 1 of said Act beginning with the first word of the third line of said Section, That at the next regular term of the superior court of Dooly county after the passage of this Act, the grand jury of said county shall elect by ballot, three discreet and upright citizens who are resident freeholders of said county, who shall constitute the board of commissioners of roads and revenues of Dooly county, one of whom shall be elected for one year, one for two years and one for three years, and each succeeding ground jury at the fall term of said court shall elect one commissioner, who shall hold office for three years unless removed by death, resignation, or by recommendation of a majority of the grand jury for incompetency, malpractice in office and inserting in lieu thereof the words and figures, That at the next regular election on the first Wednesday in October, 1909, there shall be elected three commissioners who shall constitute the board of commissioners of roads and revenues of Dooly county, all of whom shall be elected for four years from the first day of January, 1909, and shall continue in office until their successors shall be elected and qualified and that the successors to said board of commissioners herein provided for shall be voted for and elected at the election held for State and county officers every four years after the first Wednesday in October, 1908 so that said Section 1, of said Act, when so amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That at the next regular election on the first Wednesday in October, 1908, there shall be elected three commissioners who shall constitute the board of commissioners of

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roads and revenues of Dooly county, all of whom shall be elected for four years from the first day in January, 1909 and shall continue in office until their successors are elected and qualified and that successors to said board of commissioners herein provided for shall be voted for and elected at the election held for State and county officers every four years after the first Wednesday in October, 1908. Board of commissioners of Dooly county, election of. SEC. 2. 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. Approved July 30, 1908. EMANUEL COUNTY, REAL ESTATE OF, HOW SOLD. No. 403. An Act to provide in what manner real estate belonging to Emanuel county shall be sold, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act no real estate belonging to Emanuel county shall be sold, or otherwise disposed of, except in compliance with the following provisions: Upon petition of one hundred tax payers of said county, the ordinary shall order an election which shall be held in the same manner as elections for representatives to the General Assembly of Georgia. Emanuel county, real estate of, how sold. SEC. 2. Be it enacted by the General Assembly of Georgia, That in such election those voting for the sale

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of public property belonging to said county shall have written, or printed, on their ballots For sale of real estate belonging to Emanuel county, and those voting against such sale shall have written or printed, on their ballots, against the sale of real estate belonging to Emanuel county. If two thirds of those voting shall vote for such sale it may be made, but under no other conditions. SEC. 3. Be it further enacted by authority aforesaid, That all laws or parts of laws, in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1908. GLASCOCK COUNTY, COMMISSIONERS OF, ELECTION, ETC. No. 322. An Act to amend an Act to create a board of commissioners of roads and revenues for Glascock county, approved August 21st, 1908, so as to provide that said board shall consist of five members instead of three, as by said Act provided, and to further provide that said board shall be elected by popular vote of the electors of said county, to limit their respective terms, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the term of office of the commissioners named in Section 1 of the above recited Act shall expire on the first day of January, 1909, instead of four years as by said Act provided. Glascock county, commissioner of roads and revenues.

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SEC. 2. Be it further enacted by the authority aforesaid, That said board of commissioners shall be composed of five (5) members; one to be elected from each militia district in Glascock county, and one to be elected from the county at large, each commissioner being a freeholder of said county, and a qualified voter in said county. Board of five. SEC. 3. Said board of commissioners shall be elected at the regular election for county officers, and the members of the General Assembly in October, 1908, and in the same manner and under the same rules of law governing the election of all county officers, and every four years thereafter, and shall hold their office for a term of four years, and until their successors are elected and qualified, their term of office under this Act to begin on the first day of January, 1909, after their election in October, 1908, and said board shall perform all the duties hereinafter prescribed, and in the event of the death, resignation or disability of any of the board or person who may be elected said vacancy or vacancies shall be filled at an election ordered by the ordinary of the county after giving notice of said election for thirty days in the newspapers publishing the legal advertisements in said county of Glascock. Election. Terms of office. Vacancies. SEC. 4. That the commissioners herein provided for shall each take and subscribe an oath faithfully to discharge the duties herein prescribed to the best of his ability. Oath. SEC. 5. That a quorum shall consist of at least three members, all of whom must concur to pass any order or to do any official act of the board. Quorum. SEC. 6. That no commissioner, while acting as such, shall hold any other State or county office of trust and profit, and the commissioners shall be exempt from road, jury and militia duty, and their compensation shall be two dollars each for every day's actual service rendered,

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to be paid upon an account specifying the time and period of service. Compensation. SEC. 7. That said board shall have under the laws of this State, exclusive jurisdiction in Glascock county over the following matters: 1. In managing and controlling the property of the county. 2. In levying a general tax for general and a specific tax for county purposes. 3. In establishing, changing and abolishing roads, and bridges, ferries, and private ways, and also election precincts. 4. In examining, auditing and settling all claims against the county. 5. In examining and auditing the accounts of all officers having the care, management, collecting or disbursing of money of the county, and in bringing said officers to a speedy settlement. 6. In providing for the support of the poor and in the promotion of health. 7. In regulating peddling and the license therefor, and 8. In leasing or otherwise disposing of the county chaingang, and providing for its management in a just and humane manner. The members of the board shall have power to administer and attest oaths. Jurisdiction. SEC. 8. Said board shall have all the powers in appointing road commissioners and enforcing road laws that belonged to the inferior court immediately preceding the adoption of the Constitution of 1868, and they shall exercise such other powers as are granted by the general law to the road authorities in other counties. Powers. SEC. 9. The commissioners shall be authorized to purchase real and personal property to be used for county purposes or when sold for taxes or other debts in which the county may be interested, and they may sell and convey property so purchased when, in their judgment, the interest of the county demands it. Property, for county purposes. SEC. 10. The board shall hold quarterly meetings at the courthouse at stated times, and a majority of the members of the board may convene the board in extra

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session whenever in their opinion it is necessary to do so. Mettings. SEC. 11. No money shall be paid out or used except upon the signature of and authority of at least three of the commissioners. Money, how paid out. SEC. 12. The commissioners shall elect a clerk whose duty it shall be to keep a record of all the proceedings in a well-bound book, which shall be submitted to the inspection of each grand jury, and to any citizen desiring to examine the same. The board shall fix the compensation to be paid its clerk. Clerk. Compensation fixed by board. SEC. 13. Be it further enacted, That the Act approved August 4, 1903, providing that the ordinary of Glascock county shall have charge of county affairs, is hereby repealed. Act Aug. 4, 1903, repealed. SEC. 14. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1908. GLYNN COUNTY, BONDS OF SINKING FUND COMMISSIONERS. No. 385. An Act to amend an Act to authorize the board of commissioners of roads and revenues of the county of Glynn to issue coupon bonds of said county in a sum not exceeding sixty-nine thousand dollars, bearing interest at a rate not exceeding five per cent per annum, for the purpose of refunding the present bonded indebtedness of said county incurred prior to the Constitution

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of 1877; to provide for the levy and collection of a tax for the payment of said bonds and interest thereon, and for the establishment of a sinking fund and commissioners therefor; to provide the manner in which said bonds may be issued and paid off; to authorize the said board to settle and adjust the debts of said county, approved November 15, 1895, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 5 of the above recited Act be amended by adding thereto, at the end thereof, the following provision: Each member of said sinking fund commission shall be required to give bond in a sum to be fixed and approved by the commissioners of roads and revenues of said Glynn county, for the faithful performance of duty; provided, that the amount of said bond shall be not less than one-half of the fund in the hands of said sinking fund commission at the time the bond is given. Any surety company authorized to do business in Georgia may become surety on such bond, and the cost of said bond shall be paid out of the treasury of said county. Sinking fund commissioners, bond of. SEC. 2. 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. Approved August 11, 1908. GLYNN COUNTY, MAINTENANCE OF PUBLIC SCHOOLS. No. 399. An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenue in the

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county of Glynn, enacted by the General Assembly in 1870, so as to provide for the appropriation of public monies for the support and maintenance of the public schools of Glynn county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that an Act entitled An Act to create a board of commissioners of roads and revenues in the county of Glynn, be and the same is hereby amended by adding at the end of Section 8 of said Act the following, to-wit: And said board of commissioners shall be authorized to make appropriations of public monies out of the funds of said county, not otherwise appropriated, for the support and maintenance of the public schools of said county. Board of commissioners of roads and revenues of Glynn county, maintenance of public schools. SEC. 2. 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. Approved August 14, 1908. GREENE COUNTY, COMMISSIONER FOR, ELECTION, ETC. No. 525. An Act to amend the Act approved August 7th, 1907, entitled An Act to create the office of commissioner of roads and revenues in and for Greene county, provide the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in interim, and for other purposes, by providing that

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the commissioner can employ a clerk and prescribe his duties and fix his compensation at a salary not exceeding $250.00 per annum. SecondAuthorizing said commissioner to employ road overseers in different sections of the county, and to prescribe their duties and fix their compensation at a sum not exceeding $1.00 per day. ThirdTo strike from the second Section of said Act the words in a solvent surety or guaranty company. FourthTo abolish Section 8 of said Act of August 7th, 1907, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act passed by the General Assembly of the State of Georgia, approved August 7th, 1907, as above stated, be amended as follows, to-wit: SEC. 2. The commissioner provided by the said Act approved August 7th, 1907, shall have the power to employ a clerk and prescribe his duties and fix his compensation at a salary of not exceeding $250.00 per annum. Commissioner of roads and revenues, clerk, compensation. SEC. 3. Said commissioner shall have the power to employ road overseers in different sections of the county of Greene, and to prescribe their duties and fix their compensation at a sum not exceeding $1.00 per day. Road overseers. SEC. 4. Be it further enacted by the authority aforesaid, That the words in a solvent surety or guaranty company, in Section 2 of said Act approved August 7th, 1907, be stricken from said Section 2. SEC. 5. Be it further enacted by the authority aforesaid, That Section 8 of said Act, approved August 7th, 1907, be abolished, and in lieu thereof the following enacted, to-wit: Said commissioner shall prescribe how all monies for public road purposes arising from commutation tax, shall be collected and paid out, and shall have the power to fix the compensation for the collection

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and disbursement of said monies and shall have the power to prescribe where said monies shall be deposited. Disbursements. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1908. HARALSON COUNTY, WACO SCHOOL DISTRICT ABOLISHED. No. 396. An Act to repeal an Act entitled An Act to incorporate the Waco School district, in Haralson county, and to define the boundaries of same; to establish a board of education therein, and to confer on said board certain powers; to regulate the management and control of schools in said district, and to provide revenue for same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That from and after the passage of this Act, the Act approved August 19th, 1905, entitled An Act to incorporate the Waco school district, in Haralson county and define the boundaries of the same; to establish a board of education therein, and to confer on said board certain powers; to regualte the management and control of schools in said district, and to provide revenue for the same, and for other purposes, be repealed. Waco school district abolished. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this repealing Act, be and the same are, hereby repealed. Approved August 14, 1908.

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HART COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 477. An Act to abolish the board of commissioners of roads and revenues in and for the county of Hart, created by an Act of the General Assembly of Georgia, approved December 2, 1901, and the amendments to said Act, approved December 17, 1902. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act, approved December 2, 1901, creating a board of county commissioners of roads and revenues for the county of Hart, and defining their duties, and for other purposes, and the amendments to said Act, approved December 17, 1902, providing for the election of said commissioners by the people, be and the same are hereby repealed. Board of commissioners of roads and revenues of Hart county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall not take effect until January 1, 1909. SEC. 3. 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. Approved August 17, 1908.

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HART COUNTY, OFFICE OF COMMISSIONER CREATED. No. 557. An Act to create the office of commissioner of roads and revenues in and for Hart county, whose duty it shall be to supervise and superintend the work on public roads and bridges in said county, to collect the commutation tax therefor, to provide the method of election of said officer by the people, to define his duties, to provide for his salary and term of office, to provide for the management of county affairs in interim, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the office of commissioner of roads and revenues, in and for Hart county, State of Georgia, is hereby created. Said commissioner shall be elected at the regular election to be held for State and county officers on the first Wednesday in October, 1908, and biennially thereafter, in the same manner as other county officers are elected, and the commissioner so elected at said election shall, after qualification, enter upon the discharge of his duties on the first day of January, 1909, the time when this Act becomes effective, and shall hold said office for the term of two years and until his successor is elected and qualified. Persons eligible to hold other county offices shall be eligible to hold said office. Should a vacancy occur in said office, the same shall be filled by special election called and held in the same manner and governed by the same rules and regulations, and with the same qualification as to voters, as apply to the election of clerk of the superior court. In the interim the ordinary of said county shall perform all the duties of said office and assume all the responsibility of said commissioner and receive compensation at the same rate

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as said commissioner, to be prorated according to the length of time he serves. Commissioner of roads and revenues of Hart county. Election, term of office, qualifications. Vacancies. Ordinary. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioner as aforesaid shall be commissioned by the Governor of the said State of Georgia for the term for which he is elected, and before entering upon the discharge of the duties of said office, shall subscribe to the oath now required by law of county officers, and shall also give bond, with good security, payable to the Governor of said State, and his successors in office, in the sum of five thousand dollars, conditioned for the faithful performance of his duties as commissioner, which bond shall be approved by the ordinary of said county. Commission, oath and bond. SEC. 3. Be it further enacted by the authority aforesaid, That said commissioner shall have the sole right to lay out, open, change or discontinue public roads of said county, when and where necessary, according to the laws now of force and effect, and shall have the sole management of the working of said roads. Said commissioner shall have authority to appoint a superintendent of public roads when necessary; also, to appoint all overseers, guards and officers that may be required to successfully carry out the provisions of this Act; to prescribe the duties of said superintendent, overseers, guards and officers, to fix the term of their employment; to prescribe their duties, and to pay said appointees such salaries or wages as may be deemed proper. Powers. SEC. 4. Be it further enacted, That all persons resident of said county, who are subject to road duty as prescribed in the Act of the General Assembly of Georgia, approved October 21, 1901, and known as the General Road Law, shall be subject to road duty and shall be, and are hereby required, when notified or summoned to work on the public roads of said county for such length of time in each year as may be fixed by said

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commissioner; or to pay such commutation tax as may be fixed by said commissioner; provided, that no one shall be required to work for a longer period than ten days in any one year, nor shall commutation tax be fixed at a sum that will amount to more than fifty cents per diem for the number of days' work required. Road duty, commutation tax. SEC. 5. Be it further enacted, That said commissioner is hereby authorized and empowered to work, improve and repair, and to have worked, improved and repaired, the public roads and bridges of said county. He may work a chaingang, which the said commissioner and the ordinary of said county are hereby empowered to organize; said chaingang to consist of the misdemeanor convicts of said county of Hart, or of any other county in this State, and those who do not pay the commutation tax; provided, that the convicts and those who do not pay said tax shall not be worked together. He may work free hired labor and those who do not pay the commutation tax. He may have said roads worked, improved, or repaired, and bridges built, improved or repaired, by contracting for the same when and in such manner as he may see fit, with private parties, companies or corporations; provided, that if the work above referred to is done by contract, the contractor shall be required to employ the chaingang if it is established, and the labor of those who do not pay the commutation tax and pay for same. He may employ or combine any or all of the methods above mentioned, or may use any other methods or systems that may be desired for accomplishing the work necessary to keep the public roads and bridges of said county in good condition. Roads and bridges. Chaingang, SEC. 6. Be it further enacted, That commissioner may purchase any and all machinery, implements, tools, wagons and stock necessary for working said roads, and may build such houses and stockades, and purchase anything necessary for use of stock and for handling and caring for the chaingang. Road machinery, implements, etc.

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SEC. 7. Be it further enacted, That the said commissioner shall spend said public road fund in any manner he may deem best for keeping the public roads and bridges in said county in good condition. Road fund, how spent. SEC. 8. Be it further enacted by the authority aforesaid, That any person who has failed or refused to pay the commutation tax when demanded by the officer appointed by said commissioner to make such demand and who shall, without good excuse, fail or refuse to appear at the time and place appointed to work when summoned or notified by the officer whose duty it is to give said summons or notice according to the rules of said commissioner and the law in such cases made and provided, or who shall fail or refuse to do faithful work when he has appeared, shall be fined not less than one dollar for each day he fails to work, or be imprisoned in the common jail of said county at the discretion of said commissioner, or be sentenced to work in the chaingang ninety days. If the said commissioner trying the case imposes a fine upon the person convicted it may be with the alternative of other punishment allowed by this Section in case said fine is not paid. Defaulters. SEC. 9. Be it further enacted, That said commissioner be, and he is hereby empowered, to try all defaulters, impose and enforce sentence as provided in preceding Section, and said commissioner shall hold court for the trial of said defaulters at any time and place in said county that may be fixed by said commissioner; provided, that ten days' notice of the time and place of trial be given to said defaulters. Trial of defaulters. SEC. 10. Be it further enacted, That defaulters shall be summoned for trial or arrested by such officer as said commissioner may appoint or by the sheriff or his deputy or any lawful constable of said county. Defaulters, by whom summoned or arrested. SEC. 11. Be it further enacted, That said commissioner shall have exclusive jurisdiction over all the public roads and bridges of said county, and authority to collect

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the commutation tax and disburse the same without commission. Jurisdiction. SEC. 12. Be it further enacted by authority aforesaid, That said commissioner shall keep a book or books of record in which shall be recorded all official acts, and he shall be authorized to give orders or draw warrants on the treasurer of said county on the fund arising from the ad valorem tax for public road purposes and on any other fund that may come into said county treasurers' hands for use and expenditure on the public roads and bridges of said county and for any other use and expenditure necessary to carry out the provisions of this Act. Records. SEC. 13. Be it further enacted, That said commissioner shall make out and furnish under oath to the grand jury at the March and September terms of the superior court of said county an itemized report of all money received by him from the various sources of income for road purposes, also all money disbursed by him out of the public road fund. Report to grand jury. SEC. 14. Be it further enacted, That said commissioner shall have power to administer oaths and hear testimony pertaining to all matters in the trial of defaulters and any other matter pertaining to the public roads and bridges of said county, and shall have exclusive jurisdiction to cite all defaulters and witnesses to appear before him when sitting as a court and shall have power to punish for contempt under the same rules and regulations as are provided for other courts. Powers, contempt. SEC. 15. Be it further enacted, That said commissioner be and he is hereby empowered to audit and approve all claims for work done and material furnished for the working of the public roads of said county, and for the building and repairing of the public bridges of said county. Claims, how approved. SEC. 16. Be it further enacted, That said commissioner shall receive as compensation for his services a sum

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not exceeding twelve hundred dollars per annum, but his salary shall be fixed for the term of his office by the grand jury at the September term of the superior court preceding his election, and shall be paid out of the county treasury in monthly installments at the end of each month. He is empowered to employ a competent clerk to keep his book of minutes and other records and do such other clerical work as is necessary in carrying on the work of said office. Said clerk shall give bond with good security for the faithful performance of his duties in the sum of five hundred dollars, payable to the commissioner of roads and revenues of said county. Said clerk shall receive as compensation for his services a sum not exceeding six hundred dollars per annum; said salary to be fixed by the grand jury at the same time the commissioner's salary is fixed, and shall be paid in monthly installments at the end of each month. Compensation. Clerk. Bond. Compensation. SEC. 17. Be it further enacted, That all money for public road purposes, arising from commutation tax, shall be paid to said commissioner, and no commission shall be paid to said commissioner for receiving or paying out the same. Commutation tax. SEC. 18. Be it further enacted, That it shall be the duty of each and every person subject to road duty under the provisions of this Act, to return his name to said commissioner or to his secretary on or before the first day of April of each year for the purpose of having his name listed as a commutation tax payer of said county, and in default of any person to have his name returned or listed as aforesaid, such person shall be subject to double taxation, or shall be required to work on the public roads double the number of days required by said commissioner; provided, that if any person shall fail to return his name as subject to road duty under this Section on account of providential cause (said commissioner to be the judge thereof) such person shall not be subject to double taxation as aforesaid; provided, further, that said commissioner, or any person under his

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appointment, may summon and work on the public roads any person subject to road duty under this Act on or before April 1st of each year. Duties of persons subject to road duty. SEC. 19. Be it further enacted by the authority aforesaid, That said commissioner shall hold regularly monthly meetings for the transaction of such business as pertains to the duties of his office, said meetings to be held in the courthouse in Hartwell, Ga., on the first Monday in each month; provided, that he may hold special or called meetings when necessary to transact any business that is not required to be transacted at the regular monthly meetings. Meetings. SEC. 20. 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. Approved August 17, 1908. HENRY COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS OF. No. 429. An Act to amend a special Act for Henry county, Georgia, providing for the cleaning of obstructions from running streams of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Section 1 of the Act approved December the 1st, 1901, and found in the published laws of Georgia 1901, Section No. 291, page 252, in said Act be, and the same is hereby amended by inserting in line four of said

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Section, the words March and April, in place of July and August. Henry county, removal of obstructions from streams. SEC. 2. Be it further enacted, That Section 2 in aforesaid Act in line four, where the word September appears between the word day of, and of each year, the word May be substituted so it will read the first day of May each year. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Approved August 14, 1908. IRWIN COUNTY, OFFICE OF COMMISSIONER ABOLISHED. No. 371. An Act to repeal an Act creating the office of commissioner of roads and revenues for the county of Irwin, approved December 27th, 1890, together with an Act amendatory thereof, approved December 18th, 1900, and for other purposes. 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 an Act entitled An Act creating the office of commissioner of roads and revenues for the county of Irwin, approved December 27th, 1890, together with an Act entitled An Act amendatory thereof, approved December 18th, 1900, be, and the same is, hereby repealed, to take effect on the second Monday in January, 1909. Irwin county, office of commissioner of roads and revenues abolished. SEC. 2. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1908. IRWIN COUNTY, BOARD OF COMMISSIONERS FOR, CREATED. No. 370. An Act to create a board of commissioners of roads and revenues for the county of Irwin, to provide for the appointment of the first members thereof and the election of their successors in office by the qualified voters of said county, to fix their salary, define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act, a board of commissioners of roads and revenues for the county of Irwin, consisting of ten persons, is hereby created; said commissioners shall be qualified voters of said county, and shall be bona fide residents of the various militia districts of said county, which they are appointed or elected to represent on said board. Irwin county, board of commissioners of roads and revenues, election. SEC. 2. Be it further enacted by authority aforesaid, That in the appointment and election of the members of said board of commissioners of roads and revenues for the said county of Irwin, one member shall be chosen from each militia district in said county, as now laid off and established, except the fifteen twenty-ninth (1529th) or Ocilla district, which shall have two members, to-wit: Number 518 or old fifth district; number 901st or Irwinville

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district; number 1421st or Roberts district; number 1388 or Minnie district; number 1529th or Ocilla district; number 1643rd or Osierfield district; number 1661st or Mystic district; number 1662nd or Abba district, and number 1670th or Fletcher district. Each militia district represented. SEC. 3. Be it further enacted by authority aforesaid, That Jacob A. Paulk, of the 518th district; J. M. Lee, of the 901st district; Thomas Whitley, Jr., of the 1388th district; H. T. Fletcher, of the 1421st district; O. V. Purvis and M. Henderson, of the 1529th district; Thomas McMillan, Jr., of the 1643rd district; John C. Whitley, of the 1661st district; I. J. Bussell, Jr., of the 1662nd district, and Joseph H. Young, of the 1670th district, of said county be, and they are hereby named and appointed as members of the first board of commissioners of roads and revenues of the said county of Irwin under this Act, and it shall be their duty to meet at the court-house in said county on the second Monday in January, 1909, and qualify as in this Act provided, on which date this Act shall become operative. First members. SEC. 4. Be it further enacted by the authority aforesaid, That at the October election, 1910, the successors of the members of said board appointed by this Act, and whose term of office as herein fixed expires on January 1st, 1911, shall be elected by the popular vote of the county of Irwin, and shall qualify and enter upon the discharge of their duties as such January 1st, 1911, and each successor so elected shall be a resident of the militia district that his predecessor represented on said board. The term of office of said successors elected as above provided for shall be for two years or until their successors are elected and qualified, every two years thereafter. Election. Terms of office. SEC. 5. Be it further enacted by the authority aforesaid, That in the election of the successors to the members of the said board of commissioners herein appointed, one member for each militia district, except the

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1529th or Ocilla district, which shall have two members, is hereby prescribed, and that they shall be elected by the qualified voters of the entire county, and not by the qualified voters alone of the particular districts which they are to represent, except in filling vacancies that may occur on said board between regular elections, which is hereinafter provided for. How elected. SEC. 6. Be it further enacted by authority aforesaid, That the commissioners herein appointed and their successors when elected, as provided for in this Act, shall be commissioned by the Governor of this State, for the term of office for which they are appointed or elected, and before entering upon the discharge of their duties as such, shall subscribe to the oath before the ordinary of said county required by law for county officers, and shall give solvent bond to be approved by the ordinary of said county, payable to the Governor of said State and his successors in office, in the sum of five hundred dollars each, conditioned for the faithful performance of their duties as such commissioners, which bond, when approved by said ordinary, shall be by him recorded in the record of official bonds kept by him in his office. Commission and bond. SEC. 7. Be it further enacted by the authority aforesaid, That as soon as said commissioners herein appointed shall have qualified, given bond and received their commissions, they shall meet and organize by the election of one of their members of chairman of said board, who by virtue of said chairmanship shall be ex-officio clerk of said board, and in addition to his bond as a member of said board, he shall give bond in the sum of three thousand dollars, payable to the Governor of said State, and his successors in office, and conditioned for the faithful performance of his duties as clerk of said board, which bond shall be approved and recorded by the ordinary of said county. Said board shall also, at the same time, elect one of their number chairman pro tem. of their body. A re-organization of said board in like manner shall occur upon the qualification of all successors

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to said commissioners herein appointed, and their successors or any part of the same, except in case of the qualification of members to fill vacancies on said board occurring between regular elections hereinafter provided for. Chairman, ex-officio clerk, bond. Chairman pro tem. SEC. 8. Be it further enacted by authority aforesaid, That the chairman and ex-officio clerk of said board shall preside over the meetings of the same and keep accurate minutes of the proceedings thereof, noting carefully the action of the said board upon all questions or propositions entertained by the same pertaining to all county matters transacted by the body, which minutes shall be read and confirmed by the board at each subsequent meeting thereof to the ones in which the proceedings were had. He shall also keep proper and correct accounts of all the county finances, which shall include accounts of the county treasurer and tax collector or other officers having the care, custody or collection of county funds, together with an accurate account of all public money, disbursed under the direction of said board. He shall also prepare and have published in suitable manner one month before the convening of the spring and fall terms of the superior court of said county in each year, a full and complete statement of the finances of the county, and such statement shall be made in such manner and form that the tax payers of the county may readily see and be advised of the cost of the county government in every branch of the same, and said chairman and ex-officio clerk shall furnish the foreman of each grand jury on the first day of said term of said superior courts with a copy of said statement for the information of that body in its investigation of county matters, and such statements shall be sworn to by said chairman and clerk. It shall be the duty of the chairman pro tem., and he is hereby clothed with that authority, in the absence or disability of the chairman and ex-officio clerk of said board from any cause, or at the request of said chairman, when present and serving, to

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discharge any and all of the duties imposed upon said chairman and ex-officio clerk by this Act, at such request, or during such absence or disability. Said chairman and ex-officio clerk of said board may, at his own expense, employ a competent person or clerk to assist him in the clerical work of his office, in which event, however, he shall be held liable under his official bond for the faithful discharge of the duties entrusted by him to said clerk so employed. Duties of chairman and chairman pro tem. SEC. 9. Be it further enacted by the authority aforesaid, That said board of commissioners shall hold a regular court for the transaction of public business pertaining to county matters, the same to be held in the courthouse of said county in which the office of the clerk of said board shall be located and kept open in the same manner as other county offices, on the first Monday in each month of the year, or at such other time as a majority of said board may determine and fix by proper order, passed and entered on the minutes thereof, or in case of emergency, upon call of the chairman, who shall give due notice of the same to each member of said board if practicable, and six members, including the chairman, shall constitute a quorum for the transaction of any business at any meeting thereof, either regular or called. Every question or proposition coming before the board, unless withdrawn, shall be decided by yea and nay vote, which vote shall be entered upon the minutes of the meeting, and the chairman shall be allowed to vote upon all questions coming before the body. Court, quorum. SEC. 10. Be it further enacted by authority aforesaid, That the chairman of said board or the chairman pro tem., when presiding, shall be authorized to administer oaths and said board may hear testimony as to all matters over which the same has jurisdiction, and when sitting as court, shall have power to punish for contempt under the same rules and regulations as are provided for other courts. Powers of chairman pro tem. Contempt.

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SEC. 11. Be it further enacted by the authority aforesaid, That should a vacancy occur in said board from any cause between the regular elections for commissioners of said board, as herein provided for, the remainder of the board shall fill said vacancy, but the successor shall be a resident of the militia district in which the vacancy occurred, and the removal from any militia district by a commissioner appointed or elected for such district on said board, shall vacate his office. Vacancies. SEC. 12. Be it further enacted by the authority aforesaid, That said board of commissioners shall have and exercise exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all the property of the county as may be expedient according to law; in levying taxes, according to law; in establishing, altering or abolishing public roads, bridges and ferries, according to law; establishing, abolishing or changing election precincts or militia districts; in supervising the tax receivers' and tax collectors' books and the supervision and correction of erroneous tax returns and allowing the insolvent list of tax payers of the county from year to year; in auditing and settling claims of all kinds against the county; examining and auditing all claims and accounts of officers having the care, collection, management, keeping or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to prompt settlement; in the examination at such time as said commissioners may deem proper and necessary, the bank accounts of the county treasurer or other officers having public funds of the county on deposit in any bank; in controlling and managing the convicts of said county according to law; establishing and maintaining county chaingang and working the public roads or other public works of the county with the same; making rules and regulations for the support of the poor of the county, and for the promotion of health, and appointing all minor officers of said county, where their election or appointment is not

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otherwise provided for by law, such as superintendent of public works and buildings, superintendent and guards of convicts or chaingangs; janitors of all county buildings, superintendent of pauper farms, county physician, health officer, and such other guards or employes as may be needed and authorized by law; in regulating peddling and to have and exercise all the powers heretofore vested under the general law in the ordinaries of the several counties of said State, when sitting for county purposes, and to exercise such other powers as are granted, by law or as are indispensable to their jurisdiction over county matters and the finances thereof. Jurisdiction. SEC. 13. Be it further enacted by authority aforesaid, That said commissioners each shall receive as their compensation the sum of three ($3.00) dollars per day, for each day of actual service rendered by them in attendance upon the meetings of said board, and the chairman and ex-offico clerk of said board, in addition to the above per diem for attendance upon the board's meetings, shall receive a salary of six hundred ($600.00) dollars per annum. All of the above provided compensation to be paid monthly upon presentation of properly itemized accounts by the members to whom it is dut, to the chairman, who is hereby authorized to draw his warrant upon the county treasurer for the same, which shall be paid by the said treasurer out of the county funds in his hands and designated in said warrant. Compensation. SEC. 14. Be it further enacted by authority aforesaid, That the chairman and ex-officio clerk of said board be, and he is hereby authorized to sign all warrants on the county treasurer for all disbursements of the public funds ordered paid by the board of commissioners, and the said chairman and ex-officio clerk is hereby further empowered to sign and issue warrants upon the said county treasurer in settlement of all claims and accounts properly made out, for the ordinary current expenses of the county from time to time or for the purchase of any supplies or material ordered and approved by the

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board, as shown by the minutes thereof, at any time between the regular meetings of said board; provided, however, the said chairman and ex-officio clerk shall report in detail his acts and doings in the premises to the board at its next regular meeting for approval and entry upon its minutes. Warrants for disbursements, etc. SEC. 15. Be it further enacted by the authority afore said, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1908. JACKSON COUNTY, BOARD OF COMMISSIONERS FOR, ACT CREATING AMENDED. No. 377. An Act to amend the Act creating the board of commissioners, roads and revenues of Jackson county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all money and labor, other than property tax levied for road purposes, shall be expended in working the roads to which the person paying or working the same shall have been allotted by the district commissioners. Board of commissioners of roads and revenues of Jackson county. Money, etc., how expended. SEC. 2. The board of county commissioners shall, not later than the tenth day of January, in each year, appoint a suitable person in each thirteen districts of the county to act as district commissioner, who shall be notified of his appointment by the chairman of the county board of commissioners, and upon his acceptance

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of said appointment shall make a bond in sum of $500.00 conditioned for the faithful performance of his duties in having all the public roads in his district or charge properly worked and kept in good condition during the term of his appointment, and also for proper disbursement of all monies collected in lieu for labor due on the road of his district or charge; and the said district commissioner shall be required to furnish the county chairman of the board of commissioners with a written report, sworn to on the first day of every third month, beginning with the first of January, of each year, of the number of days worked in his district and by whom, and the amount of money collected and from whom. District commissioners, bond, report, etc. SEC. 3. Each district commissioner, when appointed and bonded, shall appoint from the road hands in his charge a sufficient number of suitable persons to act as overseers to insure a speedy and thorough working of all the public roads of his charge, and shall allot the hands to the various roads or section of roads of his charge, and issue and serve written summons on each person in his charge, subject to road duty, and collect the commutation tax of his charge, and receipt for same; the summons shall state the time and place of working, the tool or implement required to be brought, the amount of commutation tax due for the year, the amount due for spring working, the amount due for the summer working, by each hand so summoned, and when the tax so assessed shall be paid; provided, however, no person shall be required to pay or work the summer assessment before July 15th. Overseers. SEC. 4. All the public roads of the county shall be worked and put in the condition that their grades require, that is, as to first, second and third grades, as classed on the road register of the public roads of the county, between the 15th of January and the 15th of April, as spring working, and between the 15th of July and the 15th of September, as the summer working; and

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there shall be no other general working periods of the roads, unless it be hired labor, except to repair places suddenly become in need of repair by excessive rains or falling timbers, or such like, in that event the nearest and most accessible road hands shall be summoned to do such repair and shall have credit for the time, so spent, at the next working. Roads, when worked. SEC. 5. The board of county commissioners shall have control of all money arising from levies made on property for road purposes, and the management and control of the misdemeanor convicts of the county and also the management of the dry land bridges and bridges across small streams, spans, not to exceed ten feet in length, and of the filling in of poles and rocks in boggy places in public roads. Powers of commissioners. SEC. 6. The county chairman shall have charge of all other matters pertaining to the county as now required by law, and shall furnish to each district commissioner a sufficient quantity of blank road summonses for the purpose of summoning the road hands in his charge, and shall provide also, suitable blank bonds, as required to be made in Section 3. Chairman, duties of. SEC. 7. The district commissioner shall receive $1.50 per day for actual services rendered in the discharge of his duties herein set forth, upon the presentation to the chairman of the county commissioners of an itemized statement of the number of days' service rendered and sworn to before some judicial officer of this county; said statement shall be rendered not earlier than the first of July and the first of October, in each year, for payment; which claims, if deemed just by the majority of the board of commissioners, shall be ordered paid, otherwise they shall disapprove the claims and notify the claimant of such fact, and shall proceed, not earlier than five days after said notice, to hear evidence and to determine the justness or unjustness of such claims, and if found to be unjust in part or in whole, the claimant shall be liable for all cost that has accrued in the case. District commissioners, compensation.

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SEC. 8. The number of days required to be worked on the public roads of the county, in one year, by commutation labor, shall be fixed by the county board of commissioners, not later than the tenth day of January of each year, which time shall be divided between the spring and the summer working; and all hands so summoned shall be required to pay or to work, as stated in his summons, for time required for spring working and for time required for summer working; provided, the hand so summoned shall not be required to work or pay for summer period until after the 15th of July in each year. Number of days work required. SEC. 9. It shall be the duty of each overseer to keep the time of the hands in his charge and to report same to district commissioner, also any who fail to work the time as stated in his summons, not later than five days from the time that the service should have been performed. It shall be the duty of the district commissioner to proceed at once, to have said defaulter or defaulters summoned to appear before him to show why he or they should not be fined double the amount of commutation tax so assessed by the county board, or be confined in the common jail of the county two days for each one he failed to work, as stated in his summons; provided, the defaulter shall have the right to appeal to the board of county commissioners, in which event the district commissioner shall turn over all the papers and names of all witnesses against the defaulters to the county board, who shall proceed to set a time for the hearing, summons witnesses and proceed under the laws now in force, in the trial of road defaulters. Overseers, duties of. Defaulters. SEC. 10. It shall be the duty of the county commissioners to use all the convicts' labor on the public roads of the county, distributing said labor as equally over the county as possible. Convicts. SEC. 11. Be it further enacted, That the chairman of the board of commissioners of roads and revenues of Jackson county shall receive the fee or salary now going

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to the ordinary, and shall have, in addition to that, enough to make his salary amount to $900.00 per annum, and shall devote all his time to the work of the county. Chairman, compensation of. SEC. 12. Be it further enacted, That this Act shall not become operative until it has been submitted to a vote of the people, which shall be in October next, and if said votes shall be a majority of all the votes cast, this Act shall become operative immediately thereafter, if not, it shall be lost. Act, when effective. Those favoring this Act shall have written or printed on their ballots, For the Act, and those against this Act shall have written or printed on their ballots Against the Act. SEC. 13. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1908. JOHNSON COUNTY, BOARD OF COMMISSIONERS CREATED. No. 375. An Act to create a board of commissioners of roads and revenues for the county of Johnson and to define their duties and powers and fix their compensation, and for other purposes. SECTION 1. Be it enacted, That there shall be established in the county of Johnson a board of commissioners of roads and revenues, consisting of five persons, to-wit: A. D. Flanders, W. A. Rowland, G. W. Bush, G. M. Ryner and J. T. Cone, who shall hold their

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office until the first day of January, 1911, and their successors shall be elected by the qualified voters of said county on the first Wednesday in October, 1910. Johnson county, board of commissioners of roads and revenues. First board. SEC. 2. Be it further enacted, That the term of office of the above named commissioners shall commence on the first Tuesday in October, 1908, on which date said board shall organize with full power to act as a board of commissioners of said county exercising jurisdiction over all county matters set forth by general enactment as well as all matters specially mentioned in this Act. Organization, jurisdiction. SEC. 3. Be it further enacted, That in case of vacancy in said board occasioned by death, resignation, or otherwise, the Governor of the State shall fill said vacancy by appointment, until the next regular election. Vacancies. SEC. 4. Be it further enacted, That three (3) of said members shall constitute a quorum for the transaction of any business that may come before said board. Quorum. SEC. 5. Be it further enacted, That said board of commissioners shall have exclusive jurisdiction when sitting for county purposes, over the following subject matters, to-wit: First in building and repairing and controlling al property of the county as they may deem expedient, according to law. Second, in levying a general tax for general purposes, and a special tax for special purposes, according to the provisions of the Code and special enactments of the General Assembly. Third, in establishing, altering, building, repairing and abolishing all roads, bridges and ferries in the county of Johnson, in conformity to law. Fourth, in establishing and changing election precincts and lines and militia districts. Fifth, in examining, auditing and allowing all claims for and against the county of Johnson. Sixth, in examining and auditing the accounts of all county officers who receive and pay out money of the county or State, and in examining and receiving all matters of record as required to be kept by law. Seventh, in collecting

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and disbursing all funds belonging to the county or appropriated for its use or benefit, and in bringing all debtors of the county to a speedy settlement. Eighth, in making such rules and regulations for the support and maintenance of the poor of said county and for the promotion of health, as are permitted by law. Jurisdiction. SEC. 6. Be it further enacted, That said board shall meet at the courthouse in said county, and hold their sessions at such times as may be agreed upon and advertised by them. Sessions. SEC. 7. Be it further enacted, That for each day's service rendered by the members of said board they shall receive two ($2.00) dollars. Compensation. SEC. 8. Be it further enacted, That said Board shall have power to appoint one of their number as secretary of said board and fix his compensation for such service. Secretary, compensation. SEC. 9. Be it further enacted, That the acts and doings of said board shall be open for the inspection of the public and they shall cause each county officer, who handles the county's moneys to make an itemized showing to the grand jury twice each year, showing the money received and from what source, and all money paid out and for what purpose. Statements by county officers. SEC. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1908.

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LAURENS COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 488. An Act to amend an Act to amend an Act to create a board of commissioners of roads and revenues in the county of Laurens, and to define its powers, and for other purposes, approved August 1st, 1906, to fix the compensation of said commissioners and clerk, to provide for quarterly inspection of roads and bridges, for quarterly publication of financial condition of county, for the working of the county chaingang, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be amended by striking from the fifteenth line in the eighth Section thereof the words three dollars, and by striking from the sixteenth, seventeenth and eighteenth lines in said Section eight, the words provided that no commissioners shall be paid over one hundred and fifty dollars for his services as commissioner during any one year, and also by striking from lines twenty-one and twenty-two in said Section eight the words not to exceed forty dollars per month, which shall be in full for all services as clerk, so that said Section when amended shall read as follows: Be it further enacted, that as compensation, each of the said commissioners shall receive three dollars for each day he is actually engaged in his duties as commissioner, and the clerk shall receive such reasonable compensation as shall be fixed by said commissioners. Laurens county, board of commissioners of roads and revenues. Compensation. SEC. 2. Be it further enacted that said Act be amended by adding thereto a new Section to be known as Section 12, as follows: That every member of said board of

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commissioners shall be compelled to personally inspect the roads and bridges in the territory represented by him on said board at least once in every four months, and make report of the condition thereof to said board, and for such services he shall make out and certify a bill for the same, and on approval by the other two commissioners the same shall be paid as other bills. Inspection of roads and bridges. SEC. 3. Be it further enacted, That said Act be amended by adding thereto a new Section to be known as Section 13, as follows: That each commissioner shall have the use of the county chaingang when not actually engaged otherwise, to repair all roads and bridges in the territory represented by them on said board, and when all necessary repairs are made, and all roads and bridges of the county put and kept in first-class condition, then the chaingang shall be remanded to the courthouse in said county, and beginning at the corporate limits of the city of Dublin, shall grade, clay and otherwise permanently improve the public roads of said county as the said board of commissioners may direct. County chaingang. SEC. 4. Be it further enacted, That said Act be amended by adding thereto a new Section to be known as Section 14, as follows: That it shall be the duty of the board of county commissioners to make out and publish quarterly in any one newspaper published in said county, a true and full statement of the financial standing of the county, showing all expenditures or disbursements, and also a statement of the work done by the chaingang showing what roads have been worked, where located and what work has been done thereon. Statements, must be published quarterly. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1908.

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MACON COUNTY, REPAIR OF BRIDGE ACROSS FLINT RIVER. No. 372. An Act to provide for the maintenance and repair of the bridge across Flint river in Macon county, Georgia, known as the upper, or Montezuma bridge; and for other purposes. Whereas, under an Act of the General Assembly of Georgia, approved December 15th 1888, the mayor and council of the city of Montezuma, in the county of Macon, was authorized and empowered to issue bonds, not to exceed in the aggregate, $15,000.00, and to apply the proceeds of such bonds, so issued and sold, as provided by said Act, to the building of the bridge with abutments, earthworks, trestles and other approaches as may be necessary, across Flint river, near Montezuma, at or near what is known as the Montezuma Free Ferry on said Flint river; and Whereas, by virtue of said Act, said bonds were issued and sold, and the proceeds therefrom used in the building of said bridge which is now known as the upper, or Montezuma bridge; and Whereas, said bridge is located outside the incorporate limits of said city of Montezuma, and on a public road of the said county of Macon; and it has been judicially determined and decided that the said bridge, being upon such public road, is a county bridge and the Act authorizing its erection, as above set forth, not putting upon the said municipal corporation the duty of keeping it in repair, such duty necessarily devolves upon the said county of Macon; and Whereas, a controversy has arisen with reference to such repairs and maintenance of said bridge, between

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the said county of Macon, and the said municipality, which has been adjusted and settled by agreement of the said county and municipality upon the terms and conditions set forth and stipulated in this Act; therefore, SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be the duty of the mayor and council of the city of Montezuma in said county of Macon, to keep up, maintain, and properly repair, from time to time, as it may become necessary, the said bridge mentioned in the caption of this Act, and the foregoing preamble. Mayor and council of Montezuma, duty to keep in repair certain bridge across Flint river. SEC. 2. Be it further enacted by the authority aforesaid, That the county of Macon, through its board of commissioners of roads and revenues, shall contribute the sum of three hundred ($300.00) dollars per annum toward the maintenance and repair of said bridge; said sum to be by said commissioners paid over to the said mayor and council of the city of Montezuma, or its duly authorized treasurer, for the purpose herein indicated. County of Macon shall contribute $300 per annum to maintain said bridge. SEC. 3. Be it further enacted by the authority aforesaid, That the payment of said sum by the said county of Macon toward the expense of repairs and maintenance of said bridge shall in nowise, render said county of Macon liable for any damage of any character, which may accrue by reason of the failure to keep the said bridge in proper repair and condition for the traveling public; but such liability shall be exclusively, upon the said mayor and council of the city of Montezuma. Damages, County of Macon not to be liable. SEC. 4. 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. Approved August 11, 1908.

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MONROE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 324. An Act, to amend an Act, creating a board of commissioners for the county of Monroe, approved August 19, 1907, by adding thereto provisions for the election of a commissioner to succeed the commissioner, whose term of office expires on the 1st day of January, 1909, and for other purposes. Be, and it is hereby enacted by the General Assembly of Georgia, that Section 1, of an Act approved August 19, 1907, creating a board of commissioners for the county of Monroe, be and the same is hereby amended by adding after the numeral 1908, in the 16th line of said Section 1, the following: and the successor to the successor of said John S. Jossey, whose term will thus expire on January 1st, 1909, and, so that said Section one when so amended will read as follows: SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the county affairs of Monroe county shall be conducted and administered by a board of commissioners to be known as the commissioners of roads and revenues, which shall consist of three members, who shall be citizens of said county, and have the qualifications required by law for members of the house of representatives. The term of their office shall be for two years. The present members of said board, viz.; John S. Jossey, A. J. Zellner and A. H. Chappell, shall hold their offices for the full terms for which they were chosen and elected, and their successors shall be elected as follows: The successor of John S. Jossey, whose term expires January

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1st, 1908, shall be elected by the grand jury at the August 1907, term of Monroe superior court, for the term of one year from January 1st, 1908, and the successor to the successor of said John S. Jossey, whose term will thus expire on January 1st, 1909, and the successor of A. J. Zellner, whose term expires January 1st, 1909, shall be elected by the qualified voters of said county at the regular election to be held in 1908, for the election of county officers and members of the General Assembly for the full term of two years, from January 1st, 1909, and the successor of A. H. Chappell whose term expires January 1st, 1910 shall be elected by the grand jury at the regular August term, 1909, of Monroe superior court, for the term of one year from January 1st, 1910. Thereafter beginning with the year 1910, the said commissioners shall be elected by the qualified voters of said county, at the regular elections to be held in said county for the election of county officers and members of the General Assembly, for the full term of two (2) years, or until their successors are elected and qualified. That said commissioners, upon consolidation of election returns, shall be commissioned by the governor of this State. Monroe county, board of commissioner of roads and revenues. Election. Approved July 23, 1908. NEWTON COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 405. An Act to amend an Act approved July 27th, 1904, entitled an Act to amend an Act to establish a board of county commissioners for the county of Newton,

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approved February 27th, 1877, by striking out of said Act to amend in Section 1, line five of said Act the word three and inserting in lieu thereof the word five. SECTION 1. Be it enacted by the General Assembly of Georgia, That Section 1 of the above recited Act be, and the same is, amended as follows: by striking out of Section 1, line five of said Act the word three, and inserting in lieu thereof the word five. Newton county, board of commissioners of roads and revenues. Act, Feb. 27, 1877, amended. 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. Approved August 14, 1908. PUTNAM COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 313. An Act to amend an Act, entitled An Act to create a board of commissioners of roads and revenues for the county of Putnam and to define its powers and duties, approved September 8th, 1879, so as to require said board of commissioners of roads and revenues to publish monthly in the paper in which the legal advertisements for said county of Putnam are published an itemized statement of all money received and expended by said board of commissioners during the month last preceding such publication, the sources from which received, and purposes for which expended; and to include in such publication the locality in which any work may have been done on any

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public road in said county during the month covered by such publications; and to provide that the books and records of said board of commissioners shall at all times be subject to inspection by any citizen of said county; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act approved September 8th, 1879 be, and the same hereby is, amended by adding to Section six of said Act at the end thereof, the following: It shall be the duty of said commissioners to publish monthly in the paper in which the legal advertisements for said county of Putnam are published an itemized statement of all money received and expended by said board of commissioners during the month last preceding such publication, the sources from which received, and purposes for which expended; and to include in such publication the locality in which any work may have been done on any public road in such county during the month covered by such publication, and the expenses for each publication shall be paid out of the county treasury; and it is hereby further provided that the books and records of said board of commissioners shall at all times be subject to inspection by any citizen of said county. Putnam county, board of commissioners of roads and revenues. Monthly statements required published. SEC. 2. 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. Approved July 22, 1908.

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RANDOLPH COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 433. An Act to amend an Act approved August 6, 1903, to create a board of commissioners of roads and revenues for the county of Randolph, to prescribe the duties and powers thereof, so as to increase the number from three to five, to empower them to establish and maintain quarantine and health regulations, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That an Act approved August 6, 1903, to create a board of commissioners of roads and revenues for the county of Randolph, to prescribe the duties and powers thereof, be, and the same is hereby, amended by adding to Section one of said Act the following: The grand jury of said county at the November term, 1908, shall elect two additional county commissioners, so that said board shall thereafter consist of five members. Of the two commissioners so elected one shall hold for two years and one for three years, and thereafter shall be elected in like manner, and be subject to the same provisions of law already made as to the other three members of said board; so that said Section when amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That at the next regular term of the superior court of Randolph county after the passage of this Act, the grand jury of said county shall elect, by ballot, three discreet and upright citizens, who are resident freeholders of said county, one of whom shall be elected for one year, one for two years and one for three years, and each succeeding grand jury at the fall term of said court shall elect one commissioner who shall hold office for three

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years unless removed by death, resignation or by recommendation of a majority of the grand jury for incompetency, malpractice in office, or until their successors in office are elected and qualified. The grand jury of said county at the November term, 1908, shall elect two additional county commissioners so that said board shall thereafter consist of five members. Of the two commissioners so elected one shall hold for two years and one for three years, and thereafter shall be elected in like manner and subject to the same provisions of law already made as to the other three members of said board. Randolph county, board of commissioners of roads and revenues. Increased from three to five, election, terms, etc. SEC. 2. Be it further enacted, That the Act aforesaid be further amended by adding to Section four thereof the following words, and they shall have the further power to establish and maintain quarantine and health regulations in said county and to enforce them through necessary agents and officers, so that said Section when so amended shall read as follows: Section 4. Be it further enacted, That said commissioners shall have power to exercise exclusive and original jurisdiction and control in Randolph county over all county matters that are now vested by law in the ordinaries of various counties of the State, so far as relates to roads, bridges, public buildings, property, misdemeanor convicts, management of the county jail and its fees, the control and maintenance of its paupers, assessing and collecting taxes, disbursing county money for county purposes, and the execution of all laws in reference thereto, and they shall have the further power to establish and maintain quarantine and health regulations in said county and to enforce them through necessary officers and agents. Jurisdiction. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same are hereby, repealed. Approved August 14, 1908.

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ROCKDALE COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS OF. No. 480. An Act to provide for the removal of obstructions of all kinds (other than dams used for operating mills or machinery of any kind) from the rivers, creeks and running streams in Rockdale county, Georgia, to compel the owners of lands in said county, in which streams may flow, to remove said obstructions; to provide in what manner the same may be removed, when said landowners neglect or refuse to remove such obstructions, and to provide compensation therefor; to provide for the drainage of the lands in said county through which said streams flow, and the extension of drains and ditches through the lands of another, and to provide for the payment of all damages which may be sustained by such land-owners through whose lands such drains and ditches shall be cut or extended, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, all land-owners and holders in Rockdale county, Georgia, shall, during the months of July, August and September in each year, remove from the running streams of water upon or through their respective lands, all obstructions, including trash, trees, timber, rafts and other obstructions, except dams erected for the purpose of running machinery, or fish ponds, which are excepted from the operation of this Act. Rockdale county, obstructions required removed from streams. SEC. 2. Be it further enacted by the authority aforesaid, That should any land-owner in said county refuse to remove the obstructions provided for in the first Section of this Act by the first day in October in each year, then and in that event it shall be lawful for any

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adjoining land-owner, after first giving said land-owners so failing or refusing to comply with this Act ten days notice of his intention to do so, to enter upon the lands of the owner so failing and refusing to do so, and to remove such obstructions, or have the same removed, and that the owner of such lands shall be liable to pay the party removing or having such obstructions removed reasonable compensation for such labor, for which he shall have lien on all of the property of the party so refusing, to rank as and be in force as other laborer's liens are now in force under the law, and be enforced in the same way. Penalty for refusing to remove obstructions. SEC. 3. Be it further enacted by the authority aforesaid, That whenever a running stream is the dividing line between two land-owners, and either of said land-owners shall fail or refuse to join the other in removing the obstructions provided for in the first Section of this Act, or shall fail or refuse to remove them from his half of said stream, it shall be lawful for the other, after giving the notice required in the second Section of this Act, to enter and remove, or have removed such obstructions, and shall be entitled to reasonable compensation for one-half of such labor, to be collected as provided in the second Section of this Act, and shall have the same lien as is herein provided for. Streams on line between adjoining owners. SEC. 4. Be it further enacted by the authority aforesaid, That whenever the owner of any land in the said county of Rockdale shall cut or dig any ditch or drain to the line of an adjoining land-owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land-owner to a proper outlet in order to drain his lands, and such adjoining land-owner refuses to extend such ditch or drain or to allow the same to be extended through his or her lands, then and in that event it shall be lawful for the parties desiring to extend such drain through the lands of such adjoining land-owner to a proper outlet, to do so at his expense, and if the lands of such landowners be injured

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or decreased in value by reason of such ditch or drains, the party so injured shall be paid reasonable compensation by the party ditching or draining through said lands, the amount to be determined by three freeholders of said county, to be appointed by the ordinary thereof. Duties of adjoining land owners to each other, as to ditches or drains. SEC. 5. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Rockdale and another county. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. SUMTER COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 384. An Act to amend an Act to create a board of commissioners of roads and revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13th, 1871, and the several Acts amendatory thereto, in so far only as the several Acts relate to the county of Sumter, by changing the existing method of electing such commissioners in and for said county of Sumter, and providing how said commissioners for Sumter county shall be hereafter chosen or elected; the time and manner of electing the same, and especially amending the amendatory Act approved August 6th, 1904, so as to provide for two of the five commissioners to be elected at the

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October election 1908, to hold their terms of office for six years, instead of four, as now provided by law, which will make the term of these two commissioners expire January 1915, and to provide for the successors of these two to be elected at the October election, regularly every four years, commencing from October election 1914, so that by said method and change there will be members of experience in county affairs remaining on said board, by their terms of office on and after each biennial election; to provide how the two of said commissions to be elected for said long term shall be determined, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act approved August 6th, 1904, providing for the election of county commissioners of Sumter county by vote of the people, be, and the same is, hereby amended by striking the whole of Section one, of said Act, after the word for in the 23rd line thereof, and inserting in lieu of such portion so stricken out, the following: At the general election in October, 1908, there shall be elected a board of commissioners in said county, consisting of five persons, citizens of said county, and chosen in the manner hereinbefore provided, to succeed the then existing board, two of which commissioners shall be elected and hold their term of office for six years from January 1st, 1909, and until their successors are elected and qualified, three of said commissioners shall be elected and commissioned, and hold their office for a term of four years from January 1st, 1909, and until their successors are elected and qualified. The five commissioners so to be elected at the October election 1908, shall, among themselves, determine by lot, which of the terms each shall have, and they shall hold office and qualify accordingly. Sumter county, board of commissioners of roads and revenues. Election of, terms, etc. The successors of the three commissioners herein provided for, who shall hold their office for a term of

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four years from January 1st, 1909, shall be elected at the regular October election every four years thereafter, the successors to the two commissioners who may be chosen for the long six year term, shall be elected at the general October election, 1914, and every four years thereafter, their successors to be elected for only four years, and the election managers shall certify to the ordinary of said county of Sumter, the result of such election, and thereupon each of the five candidates shall qualify by taking and subscribing before said ordinary the oath set forth in Section 6 of the Act approved December 13, 1871, and it is hereby provided that all vacancies from death, resignation, or otherwise which shall occur in said board of commissioners, shall be filled by appointment of the ordinary of said county, pending the next general election succeeding such vacancy and appointment, and at such succeeding election incumbents for such unexpired terms shall be chosen, elected and qualified in the manner as by this Act contemplated. All citizens and residents of said county who are eligible to office as legislators, shall be eligible to serve as such commissioners of roads and revenues of Sumter county. Vacancies. 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. Approved August 11, 1908. TELFAIR COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 426. An Act to amend an Act, approved October 21, 1889, entitled An Act to provide for the creation of a

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board of commissioners of roads and revenues in the county of Telfair, in this State; to prescribe their powers and duties; and to fix their compensation and the pay of the officers employed by them; and for other purposes, by having said commissioners elected by the people; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, Amend by striking from said Act all of Sections 1 and 2, and inserting another Section, one (1) as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That at the next general election to be held for the election of members of the General Assembly of Georgia, on the first Wednesday in October, 1908, there shall be elected by the people of Telfair county five county commissioners, whose term of office shall be for two years, beginning Jan. 1st, 1909. The present commissioners shall hold their office until that time. One of the five commissioners shall be elected from Lumber City and Neilly districts; one from Jacksonville and Mount Carmel districts; one from Milan and Temperance districts; and one from Towns, Scotland and Cobbville, districts; and one from McRae and Helena districts. Telfair county, board of commissioners of roads and revenues. Election of, terms, etc. SEC. 2. Be it further enacted, Amend Section 3, by striking the word appointment wherever it appears in Section 3 of said Act, and inserting the word election. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1908.

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TERRELL COUNTY, WIDTH OF PUBLIC ROADS. No. 317. An Act, to repeal an Act approved August 6, 1870, making the public roads of Terrell county twenty feet wide, said Act being found on page 444 of the published Acts of the General Assembly of Georgia for the year 1870, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 6, 1870, and found on page 444 of the published Acts of the General Assembly of Georgia for the year 1870, whereby the public roads of the county of Terrell were made twenty feet wide, be, and the same is hereby repealed. Terrell county, width of public roads. 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. Approved July 23, 1908. TOWNS AND UNION COUNTIES, PROTECTION OF FISH. No. 346. An Act to prevent taking fish from Brasstown creek in Towns and Union counties Georgia, or from destroyin the same in any way in said creek or any of its tributary streams. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority

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of the same, That on and after the passage of this Act, for a period of three years, it shall be unlawful for any person or persons to fish with a hook, seine, net, or in any way take fish from or destroy fish in Brasstown creek or any of its tributary streams in Towns and Union counties, Georgia. Fish, protection of, in Towns and Union counties. SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor and shall be punished as such. Punishment for violation. SEC. 3. 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. Approved August 6, 1908. TURNER COUNTY, BOARD OF COMMISSIONERS CREATED. No. 414. An Act to create a board of commissioners of roads and revenues for Turner county, as follows: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1909, there shall be a board of commissioners of roads and revenues for the county of Turner, consisting of three members to be elected by a vote of the qualified voters of said county at the general election for State and county officers on the first Wednesday in October, 1908. Turner county, board of commissioners of roads and revenues. Election.

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SEC. 2. Be it further enacted by authority aforesaid, That each member of said board shall, before entering upon the performance of his duties, take and subscribe before the clerk of the superior court of said county the following oath, to-wit: You do hereby solemnly swear that you will faithfully discharge the duties of commissioner of roads and revenues for the county of Turner, in all matters which require your official action, you will act as in your judgment will be most conducive to the welfare and prosperity of the entire county, under this Act, the Constitution and laws of the State of Georgia, which oath shall be filed and entered on the minutes of said board. Oath. SEC. 3. Be it further enacted, That said commissioners shall have power to, and shall exercise original jurisdiction and control in Turner county over all county matters that are now vested by law in the ordinances of the various counties of Georgia, having no board of commissioners of roads and revenues, so far as relates to roads, bridges, public buildings, property, misdemeanor convicts, management of the misdemeanor convicts, manager of the county jail, its fees, the control and maintenance of its paupers, assessing, levying and collecting taxes, and debts due the county, disbursing public money for county purposes, and the execution of all laws in reference thereto, in auditing and allowing or rejecting all claims against the county of Turner, and to fix and audit the salary of their clerk. That said board of commissioners of roads and revenues shall have the same right, power and authority to issue process, summons, writs, order and subp[oelig]nas, and to punish for contempt of courts as other courts of said county and State. Jurisdiction. SEC. 4. Be it enacted, That said board of commissioners of roads and revenues shall at their first meeting elect a clerk for a term of two years, who shall not be a member of said board, and whose duty it shall be to attend all meetings of the commissioners, and keep in a well

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bound book full and accurate records and minutes of all their transactions, to arrange and keep in order of their filing all petitions, applications and other papers addressed to said commissioners, and to record in a separate book all orders given or approved by said commissioners or their chairman for the payment of money by the county treasurer, all such books, files and records shall be provided at the expense of the county, and shall always be subject to the inspection of any tax payer of the county, said clerk shall perform such other duties as may be required of him by said commissioners, and shall at each term of the superior court of said county submit to the grand jury, for their inspection, the book of minutes and records of orders upon the county treasurer, said clerk shall be paid a monthly salary out of the county treasury, not to exceed twenty-five dollars per month. Before entering upon his duties, said clerk shall execute a bond with solvent security in the sum of one thousand ($1,000.00) dollars, conditioned for the faithful performance of his duties, said bond shall be approved by the chairman of said board of commissioners, and recorded upon the minutes of said board. Clerk, duties, bond and compensation. SEC. 5. Be it further enacted, That said commissioners at their first meeting in each year shall elect one of their members a chairman, whose duty it shall be to preside at all meetings, to approve and sign the minutes of each meeting, and to sign, as chairman, each and every process, writ, summons, subp[oelig]na, or order. Chairman. SEC. 6. Be it further enacted, That the treasurer of said county shall not disburse or pay out any funds belonging to the county or any order, unless the same is signed by the chairman of said board, and the clerk thereof, provided, this shall not apply to jury scripts and orders drawn by the judge of the superior court. Disbursements. SEC. 7. Be it further enacted, That a majority of said commissioners shall constitute a quorum to transact business, or exercise any power herein delegated pertaining

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to the duties of said commissioners, provided, however, in contested or disputed matters a majority of the entire board shall control. Quorum. SEC. 8. Be it further enacted, That vacancies in said board shall be filled at a special election, called by the ordinary after thirty days notice thereof in the papers in which the advertisements of the sheriff of said county are published, to be held under the same laws and regulations as elections for members of the General Assembly, said election to be held only for the unexpired term, provided, however, that in cases where the unexpired term is less than one year, the board of commissioners shall fill same by appointment. Vacancies. SEC. 9. Be it further enacted, That said board of commissioners shall meet at 9 o'clock a. m., on the first Tuesday in each month and on any other date that the chairman may call a meeting. Meetings. SEC. 10. Be it further enacted, That said commissioners shall each receive two dollars per day for each days service rendered to the county, to be paid out of the treasury of said county on an order drawn by order of the board and signed by the chairman and the clerk, said commissioners shall be exempt from road and jury duty, and shall be subject to prosecution for malpractice in office in the same manner as justice peace. Compensation. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1908.

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HARALSON SCHOOL DISTRICT, ACT INCORPORATING AMENDED. No. 320. An Act to amend an Act, entitled An Act to create and incorporate the Haralson school district under the law authorizing same, said district to include parts of Coweta and Meriwether counties, Georgia; to define the boundaries of same, etc. Approved August 22, 1905, and amended August 16, 1907, so as to amend Section 2 of Acts of 1905 as to the boundary line. 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 from and after the passage of this Act, Section 2 of Act No. 454, 1905, pages 463 and 464 shall be and is hereby amended so as to make Little White Oak Creek the western boundary line of said Haralson School District, thereby taking away from the present Haralson School District all land on the western side of the present bed of said Little White Oak Creek, and also so that the land of John D. Wood, consisting of the east half of lot of land, No. 166, and 20 acres off the west half of same lot, in the upper 9th district of Meriwether county, be excluded from said school district, and the lines of said district be marked and established, not including said described lands. Haralson school district, line changed. SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1908.

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Part III Corporations. TITLE.....1.MUNICIPAL CORPORATIONS.

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TITLE I. MUNICIPAL CORPORATIONS ACTS Adel, town of, corporate limits. Adel, town of, public school system. Athens, commissioners of sinking fund, Athens, board of health created. Atlanta, corporate limits extended. Atlanta, charter amended. Bartow, town of, public school system. Barwick, town of, charter amended. Battle Hill, town of, charter repealed. Between, town of, incorporated. Blairsville, town of, incorporated. Blakely, examination of dispensary. Blue Ridge, new charter, Bowersville, town of, charter amended Brunswick, charter amended. Buchanan, city of, incorporated. Buckhead, town of, new charter. Bushnell, town of, charter repealed. Byromville, town of, charter amended. Calhoun, sale of a part of the John P. King Park. Calhoun, sale of a part of the town commons. Carrollton, corporate limits extended. Cedar Grove, town of, incorporated. Center, town of, incorporated. Chalybeate Springs, town of, incorporated. Chamblee, town of, incorporated. College Park, charter amended. College Park, charter amended. College Park, charter amended. Colquitt, city of, incorporated. Cordele, charter amended. Cordele, charter amended.

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Cordele, charter amended. Culverton, town of, charter repealed. Cumming, town of, public schools. Cusseta, town of, charter amended. Danielsville, city of, incorporated. Dalton, charter amended. Dalton, charter amended. Dawson, water and light commission abolished. Decatur, charter amended. Decatur, charter amended. Dixie, town of, incorporated. Douglas, charter amended. Douglasville, charter amended. Dublin, charter amended. East Lake, town of, incorporated. East Point, new charter. Eatonton, charter repealed. Eatonton, new charter. Edgewood, charter repealed. Ellijay, charter repealed. Fairburn, charter amended. Fairmount, town of, charter repealed. Fairmount, new charter. Fitzgerald, charter amended. Forrest Park, incorporated. Franklin, charter repealed. Franklin, city of, incorporated. Gainesville, charter amended. Glenwood, town of, incorporated. Gratis, town of, incorporated. Griffin, charter amended. Hartwell, public school system. Hogansville, charter amended. Hoschton, charter amended. Iron City, town of, new charter. Jackson, new charter. Jonesboro, charter amended. Junction City, town of, charter amended. Kingwood, town of, incorporated. Kingwood, town of, charter repealed. Kingsland, city of, incorporated. Kirkwood, charter amended. Kirkwood, charter amended. Lavonia, city of, incorporated. Lavonia, public schools. Leon, town of, incorporated. Lithonia, public schools. Lumber City, town of, public schools. McDonough, charter amended. Macon, charter amended. Mansfield, public school system. Marietta, charter amended. Midville, charter amended. Norcross, charter amended. Norwood, charter amended. Ochlocknee, charter amended. Orland, town of, incorporated. Pelham, charter amended.

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Perry, charter amended. Primrose, town of, incorporated. Riverdale, town of, incorporated. Rockledge, town of, incorporated. Rome, charter amended. Rome, charter amended. St. Marys, charter amended. Shellman, charter amended. Spread, town of, public school system. Sylvania, public school system. Temple, charter amended. Union City, incorporated. Valdosta, charter amended. Vidette, town of, incorporated. Vienna, charter amended. Warrenton, charter amended. Waynesboro, charter amended. West Point, charter amended. West Point, charter amended. Winder, charter amended. Williamson, town of, incorporated. Williamsville, town of, incorporated. Woodbine, town of, incorporated. Woodland, town of, incorporated. Wrightsville, public school system. ADEL, TOWN OF, CORPORATE LIMITS. No. 535. An Act to change and extend the corporate limits of the town of Adel by the incorporation of contiguous territory to two-thirds (2/3) of a mile on the north and west sides from the center of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the corporate limits on the north and west sides of the town of Adel shall be two-thirds (2/3) of a mile from the center of said town, and the boundary lines of the contiguous territory incorporated hereunder shall be as follows: Adel, town of, corporate limits defined. Beginning at the northeast corner of the present corporate limits of said town and running north to a point directly east to a point on the Georgia Southern and Florida railroad two-thirds (2/3) of a mile from

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the present center of town, thence west to the Georgia Southern and Florida railroad, and thence west from the Georgia Southern and Florida railroad two-thirds (2/3) of a mile, thence south to a point west of the present corporate limits on the south, thence east to the present southwest corner of the corporate limits of said town. 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. Approved August 17, 1908. ADEL, TOWN OF, PUBLIC SCHOOL SYSTEM. No. 523. An Act to amend an Act entitled An Act to re-incorporate the town of Adel, in Berrien county, approved December 19th, 1900, by striking Sections 24 to 34, both inclusive, and inserting in lieu thereof eighteen Sections providing for a public school system in the town of Adel, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the pasage of this Act, an Act entitled An Act to re-incorporate the town of Adel, in the county of Berrien, approved December 19th, 1900, be, and the same is, hereby amended by striking Sections 24 to 34, both inclusive, and inserting in lieu thereof eighteen Sections providing for a public school system in the town of Adel, to be as follows: That there shall be a board of education for said town under the corporate name of the Adel Board of Education, with

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rights to sue and be sued, in its corporate name, and whose duty it shall be to manage, control, maintain and establish, as hereinafter provided, a public school for and in the town of Adel. Said board of education to consist of five members, to be elected by the mayor and council of said town of Adel, at the earliest time practicable after this Act goes into effect. At the first election, two members shall be elected for a term of three years, one for a term of two years; and two for a term of one year. Thereafter elections for members of said board of education shall be held annually, at such time as the town council shall have fixed, or as soon there after as practical, and the members of the board of education elected after the first election shall be for a term of three years. All vacancies in the board of education shall be filled by special election for the unexpired term only, and the members of said board shall hold their office until their successors shall be selected and qualified. Before entering upon the discharge of their duties, they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership in said board except such person as would be eligible to election as councilman of said town, and no person shall be eligible to election to such membership, who, at the time of his election is mayor or councilman of said town; that said board of education are authorized, empowered and required to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for their government and control as to them may seem right and proper, which are not in conflict with the laws of this State. Adel, school system. Adel board of education. terms of office. Vacancies. Oath. Eligibility. By-laws, rules, etc. SEC. 2. Officers and Powers of BoardBe it further enacted, That the officers of the board of education shall be a president, vice-president, secretary and treasurer all of which officers shall be elected upon said board, and they may elect such other officers as they may deem advisable. The secretary and treasurer, who shall be

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one person, before entering upon the discharge of his duties, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond for such sum as may be fixed by the board of education, to faithfully account for all monies coming into his hands as such officer, which said bond shall be made payable to said board of education; and the said board of education is hereby empowered to bring suit and maintain the same upon said bonds in any of the courts of this State, for any breach of said bond by the said secretary and treasurer, and the proceeds of said suit shall be applied to the public schools of said town. Said secretary and treasurer shall pay out no monies except by the written order of the board. His term of office shall be for one year and until his successor is elected and qualified. Officers and powers of board. President, Vice-President, Secretary and Treasurer. SEC. 3. System of Public SchoolsBe it further enacted by the authority aforesaid, That said board of education shall have power, and it is hereby made the duty of said board, to speedily devise, design and adopt and establish under this Act a system of public schools, to modify the same from time to time, to establish such schools as they may see fit for the white children, and also for the colored children of said town, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall, at a regular meeting, order more than one, and in this have the concurrence of the mayor and council of the town of Adel. System of schools. SEC. 4. Supervision and Control of SchoolsBe it further enacted by the authority aforesaid, That said board of education shall keep full and accurate minutes of proceedings of said board; the said board shall meet at least once a month in regular session, and which said minutes and other books shall be subject to inspection of the mayor and council, or any other interested citizen of said town. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said schools;

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shall select and employ teachers for said schools, and if they see fit, a superintendent for said schools. They shall fix the school term and the time of the beginning and closing of said schools; they shall have the right to remove or suspend such teachers and superintendent, whenever, in the discretion of the members of said board they may deem such action to be for the interest of said schools, and their action in so doing shall be conclusive in all cases, and not subject to review by any body or court; they shall fix the compensation of teachers and pay the same; they shall make such by-laws, rules and regulations for the government of said board and for the control of said teachers and schools as may be deemed fit and proper. They may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts that they deem best to promote the best educational interests of said town not in conflict with State laws. Supervision and control of schools. SEC. 5. Control and Disposition of School PropertyBe it further enacted by the authority aforesaid, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest, of property of any kind, real or personal, made to said board for the benefit of said town. Control and disposition of school property. SEC. 6. School HousesBe it further enacted by the authority aforesaid, That said board shall, out of any funds going into their hands, provide school houses by renting, leasing, purchasing or building suitable buildings, and shall properly furnish the same for school purposes. The title of all such property shall be in the corporation of the town of Adel. School houses. SEC. 7. Disbursement of School FundsBe it further enacted by the authority aforesaid, That the said board of education shall keep an accurate account of all money or property received by them for the use of said public schools and of all expenditures made by them. These

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accounts shall at all times be open to the inspection of the mayor and council of the town of Adel, or any interested citizen of said town. The members of said board shall be personally liable to the corporation of the town of Adel for all monies paid to said board for the use of said public schools and by them appropriated and paid out for any other purpose. Disbursement of funds. SEC. 8. Reports of BoardBe it further enacted by the authority aforesaid, That said board shall annually, at the regular session of the mayor and council of said town, in July of each year, make report to the said mayor and council of the town of Adel, in writing of the condition of said schools, and shall accompany said report with a full itemized statement of all the monies received and expended by said board, and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing year, and like reports shall be furnished at any time by said board to said mayor and council when so requested. Reports of board. SEC. 9. Compensation of BoardBe it further enacted by the authority aforesaid, That the terms of the officers of said board shall be fixed for one year, and they shall provide, by by-laws and regulations adopted by said board for the election of their officers, and no officers shall have any compensation except such as may be fixed by the mayor and council, not to exceed twenty-five dollars per annum, except the secretary and treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification, not to exceed, however, one hundred and fifty dollars per annum; provided, however, that said board, by unanimous vote, can pay reasonable compensation for special services which they may find necessary to secure in order to properly and legally put this system of public schools into operation and to keep it in proper and legal condition. Compensation.

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SEC. 10. School TermsBe it further enacted by the authority aforesaid, That the public schools herein provided for shall run for a period of not more than ten scholastic months, nor less than five scholastic months in each year. Terms of school. SEC. 11. Establishment and Maintenance of Schools and Matriculation FeesBe it further enacted by the authority aforesaid, That all taxes to be raised by levy under this Act shall be used not only for the purposes herein mentioned, but also for establishing and maintaining said schools, and providing furniture, apparatus, grounds and buildings for said schools; provided, further, that it shall be lawful in the sound discretion and best judgment, for the said board of education to charge and require a small incidental or matriculation fee for each pupil admitted into said schools, which amount shall in no event exceed the rate of one dollar and a half per month. Matriculation fees. SEC. 12. TuitionBe it further enacted by the authority aforesaid, That all school children between the ages of six and eighteen years, who are bona fide residents of said town, with their parents or guardians, shall be entitled to the benefit of said schools, and no such child or children shall be required to pay tuition for such course of study as may be prescribed by the board of education, except in the incidental or matriculation fee above mentioned, but the board of education, in their discretion, may require children living outside of the limits of said town to pay tuition for and during the school term provided. All such tuition shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for as likewise any other fee. Tuition. SEC. 13. School TaxBe it further enacted by the authority aforesaid, That said board of education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation

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to defray the expenses of said public schools for the ensuing year, and shall submit such finding in writing to the mayor and council at their regular meeting in July, and the mayor and council is hereby authorized and required, after the passage of this Act, to levy a special ad valorem tax, not to exceed one-half of one per cent. on all the property in the said town subject to taxation, and when the taxes for such purpose are levied and collected, the collecting officer of such town shall pay over the same to the secretary and treasurer of said board of education; said taxes shall be collected as the other taxes of said town, and shall, not later than the first day of February, be paid to the secretary and treasurer of the board of education, and said taxes shall not be paid out by the secretary and treasurer of said board except upon a written order of said board of education under such regulations and requirements as they shall provide. School tax. SEC. 14. Other SchoolsBe it further enacted by the authority aforesaid, That the board of education of Berrien county, or such body as may have charge of the public schools of said county, shall not establish or open any schools within the corporate limits of said town of Adel, nor have any authority or voice in the management of the schools therein established, under the provisions of this Act by the board of education of the town of Adel. Other schools prohibited. SEC. 15. Pro Rata Share of Public School FundBe it further enacted by the authority aforesaid, That the State school commissioner of Georgia is hereby required to pay over to the board of education of the town of Adel the pro rata share of the State and county school fund to which said town is entitled, according to the number of children of school age residing within the corporate limits of the town of Adel, as shown by the last school census of Berrien county. The amount thus to be paid shall be paid at such time as the teachers of the the county of Berrien are paid, and when paid, shall be

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expended by said board for the support and maintenance of said public schools of the town of Adel; it shall be the duty of the board of education of the town of Adel to have, prepare and furnish the State school commissioner, immediately upon the establishment of said public schools, and at such times thereafter as the school census for the county of Berrien may be taken, a list or census of all school children of school age residing within the corporate limits of said town of Adel. The board of education of the town of Adel shall have authority to admit the children of non-residents upon such terms as may seem to them reasonable and just; also to admit the children of public school age who reside in Berrien county, but without the corporate limits of the town of Adel, and to make contracts with the board of education of the county of Berrien for such pro rata amount as may be due by the county of Berrien of the State and county public school fund for such children. Public school fund. Census. Non-residents. SEC. 16. School FundsBe it further enacted by the authority aforesaid, That all assessments of taxes and all funds arising from, or collected under this Act, shall be, by the corporate authorities of the town of Adel, kept separate and distinct from other collections and assessments of said town, and are not to be used for any purpose except as hereinbefore directed; and the mayor and council shall keep a separate, full and distinct, itemized account, showing all monies raised, when, how and from what, and the disposition of the same, to whom, when and for what purposes paid out. Funds kept separate. SEC. 17. Special TaxesBe it further enacted by the authority aforesaid, That the mayor and council of the town of Adel shall have power, and are hereby authorized to designate such specific taxes as they may think best in supplementing the school fund of said town, not in conflict with the charter of said town and the laws of this State. Special tax. SEC. 18. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. ATHENS, COMMISSIONERS OF SINKING FUND. No. 548. An Act to amend an Act entitled An Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 21, 1872, so as to provide for the creation of a commission for the management of the sinking fund heretofore provided, and which may be hereafter provided for the payment of the bonded indebtedness of the city of Athens, and to manage the entire bonded indebtedness of said city to provide for the selection of the members of said commission; define their powers and duties, qualifications and terms for which the members thereof shall be elected or appointed; to fix the salary of the members of said commission, and provide for the method of filling all vacancies that may occur; to provide for the investment of the sinking fund as it may be levied and collected from time to time by the mayor and council of the city of Athens, and for other purposes connected with the public bond and bonded indebtedness of the city of Athens, chartered as the mayor and council of the city of Athens, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, that the above recited Act be, and the same is, hereby amended in the following particulars, towit: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That for the purpose of paying the interest and principal of the bonded debt already contracted,

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or that may hereafter be contracted, by the mayor and council of the city of Athens, there is hereby created a board of commissioners, to be known as the commission of the bonded debt of the city of Athens. Said commission shall be composed of five citizens of Athens, who shall be freeholders, together with the mayor and chairman of the finance committee of the city council, who shall be ex-officio members of said commission. Said mayor and chairman of the finance committee shall have equal authority and exercise the same functions as are enjoyed and exercised by any other members of said commission, excepting that they shall have no voice in matters pertaining to the election of members of said commission. The mayor and council, whenever in their judgment it shall be necessary, shall provide for the compensation of the members of the said commission. Commissioners of sinking fund. Compensation. SEC. 2. The following named citizens and freeholders of Athens shall be members of the commission, their terms of office to begin September 1st, 1908, and end as hereinafter provided, or when their successors are elected: John D. Moss, whose term of office shall expire September 1st, 1910; J. N. Webb, whose term of office shall expire September 1st, 1912; Simon Michael, whose term of office shall expire September 1st, 1914; Billups Phinizy, whose term of office shall expire September 1st, 1916; James White, whose term of office shall expire September 1st, 1918. First members of commission, terms of office. SEC. 3. Whenever a vacancy shall occur in said commission, or the term of any commissioner shall expire, it shall be the duty of the remaining commissioners, excepting the mayor and chairman of the finance committee, to submit to the mayor and council without delay, the names of three citizens of Athens eligible to membership on said commission, and the mayor and council shall, at their next regular meeting, or so soon thereafter as may be practicable, select a member of said commission from the three citizens so nominated; provided,

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that if no one of the three citizens nominated by the commissioners shall be acceptable to the mayor and council, they shall call upon the commissioners for other nominations until an acceptable citizen shall be nominated. Provided, further, that if by reason of a tie vote the commissioners shall be unable to agree on a nomination, the mayor and council shall have authority to elect without such nominations. The term of office of commissioners elected by the mayor and council shall be two years from the expiration of the term of their predecessors; provided, that elections to vacancies shall be for the unexpired terms. The mayor and council may, by unanimous vote of all the members of that body, declare the office of any commissioners vacant, and the vacancy shall be filled as provided in this Article. Vacancies. SEC. 4. Each member of said commission shall be sworn to faithfully perform the duties of the position until his successor is elected. No city officer shall be eligible to membership on said commission, excepting the mayor and chairman of the finance committee as heretofore provided, and when any member of said commission shall qualify as an officer of the city of Athens, he shall immediately cease to be a member of said commission. Oath. SEC. 5. The commission shall elect from its membership a president, who shall serve for a term of two years, or until his successor is elected, and said president shall be allowed one vote on all questions coming before the commission. For the transaction of business any four members or the president and three other members of the commission shall constitute a quorum. The commission shall meet in January and July of each year, and at such other times as in the discretion of the president may be necessary, or when requested to do so by two of its members. President. SEC. 6. The auditor of the city of Athens, or such other officer of the city as may be designated by the mayor

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and council, shall be ex-officio clerk of the commission. The commission shall keep a correct record of its proceedings, and a complete description of all bonds acquired by it, by purchase or otherwise, and of all bonds issued by the city, and in case of future issues, shall cause each bond to be countersigned by the president, or, in his absence, the acting president, before the same are negotiated. Clerk, records, etc. SEC. 7. The treasurer of the city of Athens shall keep a correct record and account of the receipts and disbursements of the commission, said record and account being kept in books separate from the books of the city, and shall at all times be open to examination and inspection by the public. All money standing to the credit of the commission shall be kept by the treasurer separate and distinct from the general funds of the city, and under no circumstances, shall this money be used for purposes other than those set forth in this Act. The treasurer shall have the custody, and he shall be responsible for the safe keeping of all bonds purchased or otherwise acquired by the commission in conformity with this Act. And it shall be the duty of the commission as soon as any bonds are acquired, to forthwith turn said bonds over to the treasurer and take his receipt therefor, which receipt shall contain a complete description of said bonds. The treasurer, in his monthly and annual reports to the mayor and council shall render a statement of the account standing in the name of the commission, showing the money passed by him to the credit of the commission, together with a description of coupons or bonds or both paid by order of the commission and also a description of bonds in his custody acquired by the commission. Receipts and disbursements. Treasurer, report of. SEC. 8. On or before the date fixed for levying the annual taxes by the mayor and council each year, the commission shall submit to the mayor and council [Illegible Text] schedule setting forth the amount of money which will be required to pay the interest and provide a sinking

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fund for paying the principal of each separate issue of bonds of the city of Athens outstanding at the time, and it shall be the duty of the mayor and council to provide in the annual tax levy, for raising the amounts stated in said schedule, by naming in the annual tax ordinance the definite part of the ad valorem taxes to be set aside for paying the interest and providing a sinking fund for the payment of the principal of each separate issue of bonds of the city of Athens outstanding at the time; and it shall be the duty of the treasurer of the city, as the said ad valorem taxes are paid to him, to place to the credit of the commission, such part in said taxes as was levied by the mayor and council for the purpose of paying the interest and providing a sinking fund for the payment of the principal of the bonded debt of the city of Athens. Provided, that so much of the levy of the year 1908, made by the mayor and council for paying the interest and providing a sinking fund for the payment of the principal of the bonded debt of the city of Athens as shall not have already been used for the purpose specified in the annual tax ordinance of 1908, shall also be placed to the credit of the commission by the treasurer. Money to the credit of the commission shall be deposited by the treasurer in a bank approved by the commission, and all interest accruing from such deposits shall be placed to the credit of the commission. Sinking fund, how provided. SEC. 9. All money or moneys in the hands of the treasurer to the credit of the commission as well as all bonds held by that officer for the commission, shall constitute a sinking fund for the payment of the interest and principal of the bonded debt of the city of Athens, and shall be subject to warrant on the treasurer by the president or acting president of the commission, when said warrants are countersigned by three other commissioners, provided, that no warrants shall be honored by the treasurer unless such warrant shall be drawn for the purpose of paying the interest or the principal of a bond or bonds of the city of Athens, or for purchasing

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such bonds in conformity with the provisions of this Act as the judgment of the commission may dictate, and the face of such warrants shall contain a complete description of the bond or bonds or coupons or interest to be paid, or when a bond or bonds are to be purchased, the face of the warrant shall contain a complete description of such bond or bonds. Sinking fund, what moneys constitute. SEC. 10. Interest on bonds of the city of Athens, as well as the bonds themselves shall be paid by the commission when due, and coupons or bonds or both when paid shall be cancelled by the commission and turned over to the treasurer, who shall give his receipt for the same, said receipt to contain a complete description of such coupons or bonds or both. Interest on bonds, how paid. The commission shall forthwith notify the mayor and council in writing, that coupons or bonds or both have been placed in the hands of the treasurer, and it shall be the duty of the mayor and council to have the same destroyed without delay, after giving the treasurer a receipt for the same, which receipt shall contain a like description of coupons or bonds or both as the receipt given to the commission by the treasurer. Destruction of paid coupons and bonds. SEC. 11. On the Monday following the regular meeting of council in January and July of each year, or as soon thereafter as practicable and at such other times as the commission may deem advisable, the commission after paying such interest charges of the city of Athens as may be due, may invest such money as may stand to its credit by purchasing, to the best advantage, any of the following named classes of securities, and no securities other than those herein named shall be acquired by the commission, either by purchase or otherwise: Balances on hand, how invested. United States bonds, State of Georgia bonds, City of Athens bonds, Bonds of any municipality or county in the State of Georgia.

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When the interest on these investments is due, the treasurer, after notifying the commission, shall proceed to collect the same and place it to the credit of the commission. SEC. 12. The commission is empowered to sell or exchange any securities purchased in conformity with the preceding Section, provided, that the commission shall serve written notice on the treasurer, which notice shall be countersigned by at least four members of the commission and shall contain all information relative to the sale or exchange, as well as a complete description of the bond or bonds to be sold or exchanged, and of those to be taken over in their stead. And it shall be the duty of the treasurer to turn over such bond or bonds to the party or parties named in said notice, after receiving therefor the sum of money specified in said notice, or in case of exchange, after receiving the bonds for which the exchange is to be made. Securities, change of. SEC. 13. Any expenditure made by the commission, other than those authorized in this Act, shall be approved by the mayor and council before being paid by the treasurer, and said expenditures shall be charged by the treasurer as ordinary and current expenses of the city of Athens. Expenditures. SEC. 14. The commission shall render to the mayor and council, at the last meeting of that body in December of each year, a report of its transactions for that year, together with a detailed statement of the bonded indebtedness of the city, and such other information as in the judgment of the mayor and council may be desirable. The mayor and council shall have authority to require of the commission from time to time, such other reports as, in the judgment of the mayor and council, shall be necessary. Reports of commission. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908.

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ATHENS, BOARD OF HEALTH CREATED. No. 359. An Act creating a board of health for the city of Athens; defining its powers, duties, etc., providing for the eelction of the members of said board, and their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That there shall be a board created for the city of Athens, and which shall consist of five members together with the mayor of the city of Athens and the chairman of the health committee of the council of the city of Athens, the last two being ex-officio members of said board; That one member of the regular board shall be a reputable practicing physician of the city and who shall be at all times chosen president of the board. Athens, board of health of. Election, terms of office. That the members of the board of health hereby created shall be nominated by the mayor and elected by the council of the city of Athens at the regular monthly meeting of the mayor and council of the city of Athens of the month of August in each year, and shall hold the office for three years and until their successors are elected and qualified, except the first board, the president of which shall be elected for three years, two of the members shall be elected for two years, and two of the members shall be elected for one year. The five members of the board elected by the city council shall hold no other city office during the time they are members of said board. The compensation of the president and members of the board shall be fixed by the mayor and council at the time of their election and shall not be changed during their respective terms of office. The board shall meet once a month from November 1st to April 1st, and twice a month from April 1st to November 1st,

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and at such other times as the president may call the board together on his own motion, and the president must call them together when requested to do so by as many as two members of the board. Compensation. Meetings. SEC. 2. Be it further enacted, That said board shall have full power to institute all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine personal or otherwise; penalties for the violation of which shall be fixed by ordinance of the mayor and council. Powers. SEC. 3. Be it further enacted, That the said board of health shall have full power and authority to declare by ordinances what Acts and things shall be deemed and considered nuisances injurious to health, how and within what time the same shall be abated, and likewise to declare by ordinances whatever may be by the said board of health deemed necessary for the preservation of the public health, and for the prevention of the generation and introduction of infectious and contagious diseases. Powers. All sanitary and health ordinances of the city of Athens now in force shall be repealed at the expiration of thirty days following the passage of this Act; and said board shall adopt such sanitary and health ordinances as they may deem advisable. The mayor and council shall by proper ordinances provide for the punishment of offenders against the regulations of the board of health, and the mayor's court shall have the jurisdiction to try all persons charged with a violation of any rule of said board, and the fines arising therefrom shall be paid into the treasury of said city. New ordinances to be adopted. Punishment of offenders. SEC. 4. Be it further enacted, That the said board of health shall have the supervision of the city water supply, together with the drainage sewers and the garbage

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disposal of the said city; the smallpox hospital or some temporary hospital for contagious or infectious diseases shall also be under the management of said board of health. The said board shall also examine all public or private institutions within the city of Athens and compel such sanitary regulations therein as they may deem necessary; The expenses of the board of health shall form a legitimate item in the administration of the city government to be met as in the case of other expenditures by such appropriations of money as the city council in the exercise of sound economy may deem proper. Supervision of water supply, drainage sewers, etc. Expenditures, how met. SEC. 5. Be it further enacted, That the said board of health shall have full power and authority to pass ordinances for the regulation of all dairies, butcher shops, slaughter houses, bake shops, public kitchens and restaurants, or any place where food is manufactured, prepared or offered for sale; to declare what shall be deemed adulterants, to prohibit the same, and to fix such standards for foods of all kinds as they may deem best for the maintenance of the public health, and to require a registration of license of all venders of food of any kind whatsoever. Dairies, butcher shops, etc. SEC. 6. Be it further enacted, That the said board of health shall make annually to the city council of Athens at the last meeting of said council in December a full report of its Acts, particularizing its expenditures and making such recommendations touching the public welfare as said board in its judgment may see fit and propert, and shall also make such other reports on the same subjects from time to time as the city council may require. Four members of the board shall constitute a quorum for the transaction of business, except in the time of epidemics when three members shall have power to act. A record of the proceedings of this board, open to the public shall be carefully kept and filed among the archives of the city government; The board shall elect

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a secretary who shall attend all meetings of the board and keep a correct minute of the proceedings. His compensation for such duty shall be fixed by the council and paid out of the city treasury. The said board of health shall have power to declare what are infected parts, or places, on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their subsequent Acts; They may establish such quarantine regulations as are not in conflict with the Constitution and laws of this State; The said board of health shall have full power and authority to appoint and discharge inspectors as its pleasure, to fix the salaries of the same and to delegate to them such police powers as shall be necessary for the proper performance of their duties. Reports. Quorum. Records kept. Secretary. Compensation. Quarantine regulations. SEC. 7. Be it further enacted, That the said board of health shall have full power and authority to compel all physicians, nurses, midwives, or other persons to report all births and deaths, all cases of infectious and contagious diseases occurring in their practice or coming within their knowledge together with such information regarding the same as the board may deem advisable; to compel all ministers or magistrates to report all marriages, and to compel the registration of all nurses and midwives, to license the same, to revoke such license for cause, and to institute and carry out such examinations of nurses and midwives as they may deem advisable, and to pass ordinances governing the removal of bodies by undertakers and for the disposal or removal of the dead. Powers. SEC. 8. Be it further enacted, That whenever any member of said board shall fail to attend three consecutive meetings without sufficient excuse, the board shall have authority to declare a vacancy and shall forthwith report the same to the mayor of the city. All vacancies in said board shall be filled for the unexpired term as elections are made in the first instance. Vacancies.

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SEC. 9. Be it further enacted, That should the board of health neglect or decline to attend the duties imposed upon them by this Act, the mayor and council shall act as such board of health, and exercise all the powers and discharge all the duties relating to the board of health prescribed in this Act. Mayor and council. SEC. 10. Be it further enacted, That the mayor and council of the city of Athens shall upon the report of the board of health cause any nuisance likely to endanger the health of the city or neighborhood to be abated in a summary manner; And where the nuisance is caused by the Act or negligence of any individual or corporation, the expense of such abatement may be charged against the party causing such nuisance, or the owner of the premises as the council may elect. Nuisances abated. SEC. 11. Be it further enacted, That the mayor and council of the city of Athens shall, on report of the board of health cause the owners of lots within the city to drain the same or to fill the same to the level of the streets or alleys on which said lot or lots are fronting. Also on a like report, to compel the owner or owners of cellars holding water to cause the same to be emptied of the water or filled up if necessary, also on like report to compel the owner or owners of wells to fill the same where the water has been shown by chemical or bacterial examination to the satisfaction of the board of health to be dangerous to health, and in case the owner or owners of such lots shall fail or refuse after reasonable notice to him or his agent to comply with the requirements of the mayor and council by filling up the lots or cellars or wells, or draining the same; it shall be lawful for the mayor and council to employ some person to do the same, and for the amount so expended the city treasurer shall forthwith issue an execution against the owner of said property, to be collected from said lot or any other property belonging to him, and a sale under said execution by the marshal shall pass the title

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to the property sold as completely as a sale by the sheriff under a judgment and execution. Owners required to make drains, fills, fill wells, etc. And the said mayor and council of the city of Athens shall have the power to fill any vacancy that may occur in the said board of health; And the Act may be pleaded and shall be a complete defense to any action brought against the mayor and council or either of them for any Act done by them under its provisions and under ordinances passed in pursuance of it. Vacancies. Approved August 7, 1908. ATLANTA, CORPORATE LIMITS EXTENDED. No. 520. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof by extending the limits of said city beyond the limits as now defined so as to take in new territory included between the present limits and the following boundary line: Commencing at a point on the northern line of land lot No. 109 of the 17th district of Fulton county, where the same crosses the Peachtree road and running thence east along the north line of said land lot to the northeast corner of said lot; thence south to the south side of the belt line railroad; thence east to the east side of the right of way of the Southern railway; thence southerly along the east side of the right of way of the said railway to a point where same crosses the north line of land lot No. 17, thence due east along the north lines of land lots Nos. 17 and 16 in the 14th district of Fulton county, to the county line between Fulton and DeKalb counties; thence north along said

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county line to where the same intersects the north line of land lot 241 of the 15th district of De Kalb county; thence east along the north lines of land lots 241 and 242 of the 15th district of De Kalb county, to the east line of land lot 242 of said district; thence southerly along the east line of land lots 242 and 239 of said 15th district to the corporate limits of the town of Edgewood; thence easterly along said corporate limits, to the extreme eastern corner of said town; thence southerly along the corporate limits of said town to a point where same stop south of the railroad; thence westwardly, along the corporate limits of said town, to the east line of land lot 210 of said 15th district; thence south along the east line of said land lot to the south line of the corporate limits of said town of Edgewood; thence west along said corporate limits to the east line of land lot 208 of said 15th district in DeKalb county; thence south along the east line of land lots 208, 177 and 176 of said district in DeKalb county, to the south line of said land lot No. 176 of said district in DeKalb county, thence west to said county line between Fulton and DeKalb counties; thence south along said county line to a point where same intersects with the south line of land lot No. 11 of the 14th district of Fulton county; thence due west along the south line of land lots Nos. 11 and 22 of said district to the easterly side of the right of way of the Atlanta West Point belt line; thence in a southwesterly direction along the southeast and southwest boundary of the right of way of said belt line to the corporate limits of Oakland City; thence northerly along said limits to the extreme northeast corner of Oakland City; thence along said limits to where same touch the line of land lots Nos. 138 and 19; thence north along the lines of said land lots and land lots 139 and 18 to the southwest side of the right of way of the L. N. Railway; thence along the west side of said right of way to Gordon street; thence northwesterly, along Gordon street

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or road to the east line of land lot 173; thence north along the east line of land lots Nos. 173 and 174 to the northern limits of Battle Hill; thence east along the northern limits of Battle Hill to eastern line or northeast corner of Battle Hill, and thence due east to the west side of the right of way of the L. N. Railway; thence along the west side of the right of way of said railroad to Marietta street; thence southeasterly along Marietta street to Exposition street; thence easterly along Exposition street to the east side of Corrie street as shown on the plat of the Jos. E. Brown estate; thence running in a northwesterly direction along the east side of said street and across Lee avenue continuing in a straight line with the east side of Corrie street to Emmett street; thence easterly along Emmett street to the Howell Mill road; and thence in a northerly direction along said road to the southeast boundary of the right of way of the belt line; thence northeasterly along said right of way to a point 200 feet north of North street; thence easterly 200 feet north of North street to a point 600 feet east of the west line of land lot No. 107 of the 17th District of Fulton county; thence due north to the north line of land lot No. 109 of the last named district; thence due east to the beginning point. To repeal the provisions making West End, Sixth ward, Eighth ward, and fixing the limits of other wards, giving them special representation and local benefit; to authorize the Mayor and General Council to redistrict the city and give to each district or ward one alderman and two councilmen and extend to such new wards all the privileges and representations otherwise applying to the wards as now defined, and to provide for all other changes necessary to readjust the city to the limits as herein extended and extend the jurisdiction of the city over the added limits, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for

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the city of Atlanta approved on the 20th day of February, 1874, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: SECTION 1. That the limits of the city of Atlanta be extended beyond the limits as now defined so as to take in new territory included between the present limits and the following boundary line: Commencing at a point on the northern line of land lot No. 109 in the 17th district of Fulton county, where the same crosses the Peachtree road and running thence east along the north line of said land lot to the northeast corner of said lot; thence south to the south side of the belt line railroad; thence east to the east side of the right of way of the Southern Railway; thence southerly along the east side of the right of way of the said railway to a point where same crosses the north line of land lot No. 17; thence due east along the north lines of land lots Nos. 17 and 16 in the 14th district of Fulton county, to the county line between Fulton and DeKalb counties; thence north along said county line to where the same intersects the north line of land lot 241 of the 15th district of DeKalb county; thence east along the north lines of land lots Nos. 241 and 242 of the 15th district of DeKalb county, to the east line of land lot 242 of said district; thence southerly along the east line of land lots 242 and 239 of said 15th district to the corporate limits of the town of Edgewood; thence easterly along said corporate limits to the extreme eastern corner of said town; thence southerly along the corporate limits of said town to a point where same stop south of the railroad; thence westwardly along the corporate limits of said town, to the east line of land lot 210 of said fifteenth district; thence south along the east line of said land lot to the south line of the corporate limits of said town of Edgewood; thence west along said corporate limits to the east line of land lot No. 208 of said fifteenth district of DeKalb county; thence south along the east line of land lots numbers 208, 177 and 176 of said district to the south line of said land lot 176 of said

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district in DeKalb county; thence west along the south line of land lot number 176 to the southwest corner of said land lot; thence north along the west line of said land lot to a point two hundred feet south of new Flat Shoals road or Magazine street; thence due west to the east line of the right of way of the Atlanta and West Point belt line; thence in a southwesterly direction along the southeast and southwest boundary of the right of way of said belt line to the corporate limits of Oakland City; thence northerly along said limits to the extreme northeast corner of Oakland City; thence along said limits to where same touch the east line of land lot number 138; thence north along the line of said land lot and east line of land lots 139 to the southwest side of the right of way of the L. N. Railway; thence along the west side of said right of way to Gordon street; thence northwesterly, along Gordon street or road to the east line of land lot 173; thence north along the east line of land lots Nos. 173 and 174 to the northern limits of Battle Hill; thence east along the northern limits of Battle Hill to the eastern line or northeast corner of Battle Hill, and thence due east to the west side of the right of way of the L. and N. Railway; thence northwest along the west side of right of way of said railroad to its intersection with east line of land lot 144; thence north along the east line of land lots Nos. 144 and 190 of said district to Marietta street; thence southeasterly along Marietta street to Exposition street; thence easterly along Exposition street to the east side of Corrie street as shown on the plat of the Jos. E. Brown estate; thence running in a northeasterly direction along the east side of said street and across Lee Avenue continuing in a straight line with the east side of Corrie street to Emmett street; thence easterly along Emmett street to the Howell Mill road; and thence in a northerly direction along said road to the southeast boundary of the right of way of the belt line; thence northeasterly along said right of way to a point 200 feet north of North street (also called 14th

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street); thence easterly 200 feet north of North street (also called 14th street) to a point 600 feet east of west line of land lot No. 107 of the 17th district of Fulton county; thence due north to the north line of land lot No. 109 of the last named district; thence due east to the beginning point. Provided, that so much of the territory of the town of Edgewood as lies south and southeast of the north and northwest boundary of the right of way of the Georgia Railway and Electric Company, known as the South Decatur line, shall not be included within the city of Atlanta as extended by the foregoing provisions, but shall be and is hereby excluded therefrom. Atlanta, corporate limits of extended and defined. SEC. 2. That the provisions of the present charter of the city of Atlanta codified as Section 4 of the City Code of Atlanta of 1899, fixing the limits of West End as the Seventh ward of Atlanta, and the provisions of said charter, codified as Section 29 of said Code fixing the limits of the Sixth ward, and the further provisions of an amendment to said charter, under the Acts of 1904, fixing the limits of the Eighth ward and of the Fourth and Fifth wards, be and the same are hereby repealed, and all other provisions of the charter of the city of Atlanta whereby special districts are set apart as separate wards and special privileges, representations and local benefits are prescribed therefor be, and the same are hereby repealed. Wards. SEC. 3. That the provisions of this Act providing for the annexing of the territory as above described shall become effective on and after January 1, 1910, and all of said territory shall thereafter be included within the corporate limits of the City of Atlanta and all of the residents of said added territory shall thereafter become citizens of the city of Atlanta, provided that the provisions of this Act as to the following territory are hereby made effective on January 1, 1909, and the following territory is hereby made a part of the corporate limits of the city of Atlanta and the residents made citizens of the

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city of Atlanta from and after January 1, 1909: Commencing at the present city limits on the right of way of the Southern Railroad where said right of way crosses the south line of land lot No. 53 and running thence easterly along the south line of land lots No. 53 and land lot one (1) of the 14th district of Fulton county, Georgia, to the DeKalb county line; thence northerly to the line of land lot No. 241 of the 15th district of DeKalb county, Georgia, and thence easterly along the north line of land lots Nos. 241 and 242 to the northeast corner of land lot No. 242; thence southerly along the east line of land lots Nos. 242 and 239 to the present corporate limits of the town of Edgewood; thence along said limits to the southeast corner of said town; thence westerly along said limits to the east line of land lot No. 208; thence southerly along the east line of said land lot No. 208 and 177 and 176 of the 15th district of DeKalb county, Georgia, to the south line of said land lot No. 176; thence westerly along the south line of said land lot No. 176 to a point midway between the southeast and southwest corners of said land lot; thence north to a point 200 feet south from the Flat Shoals road; thence continuing in a northwest direction 200 feet west from Flat Shoals road to a point 200 feet southeast of the Magazine or new Flat Shoals road; thence westerly 200 feet south of said Magazine Road to the west line of said land lot; thence due west to the present limits of the city of Atlanta; thence in a northerly direction along the present limits of the city of Atlanta to the point of beginning. Act goes into effect, when. Jan. 1, 1909, addition. SEC. 4. That the city of Atlanta, in taking over the property and territory of the town of Edgewood, as herein provided, shall agree to the following terms and same are hereby made conditions of said annexation: 1st. Nothing less than the present town limits of the town of Edgewood are hereby made a ward of the city of Atlanta, but said ward shall have added to same as much territory as the mayor and general council shall provide in passing ordinances re-adjusting the city of Atlanta

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and making effective the terms of this Act. 2nd. The city of Atlanta shall assume all bonded and other debts of the town of Edgewood and same are hereby made a part of the bonds and debts of the city of Atlanta when the provisions of this Act become effective. All the property, real, personal, choses in action and money belonging to the town of Edgewood shall become the property of the city of Atlanta to be delivered in the possession and control of its officers on the date the terms of this Act become effective. 3rd. The city of Atlanta shall maintain an electric light system in the town of Edgewood, as good as at present provided for, and shall assume all existing contracts of the town of Edgewood for such purposes; provided, however, that the city of Atlanta shall not assume nor be required to do anything or carry out any contract, under the terms of this Act, that would in any way impair or affect its right to collect from the Georgia Railway and Electric Company the percentage tax now paid the city by said company on gross receipts of sale of electric current for light, power and other purposes, under existing ordinances and contracts. 4th. The city of Atlanta shall maintain the two schools now maintained by the town of Edgewood, but the board of education shall have full control over said schools, and are hereby empowered to increase the attendance thereof from other sections of the city. Provided, that the present teachers and those elected for the ensuing year are to be retained in said schools during the term for which they have been elected, and, also, that the present salaried officer of the town of Edgewood shall be retained by the city of Atlanta for the remainder of the term for which he has been elected. 5th. The sale of intoxicating liquors is prohibited within the territory now covered by the limits of the town of Edgewood and the sale of intoxicating liquors shall not hereafter be licensed by the city of Atlanta therein. 6th. The main streets of the town of Edgewood shall be paved with chert or other pavement, as may be deemed best by

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the authorities of the city of Atlanta, and city water and sewerage be provided for said streets as soon as conditions will justify. 7th. That the present contracts held by the town of Edgewood with the street railway company, its successors and assigns, as now maintained as to service and fares, the same being the conditions upon which the franchise of said railway company maintain and operate its lines within the limits of the town of Edgewood shall be and the same are hereby preserved and continued of force, and it shall be the duty of the city of Atlanta to see that the terms thereof are complied with by said railway company, and it shall be the duty of the railway company to continue its service and fares to the people within the limits of the town of Edgewood as heretofore fixed by the franchise granted said railway company by the town of Edgewood. 8th. The income of the town of Edgewood for the year 1908, as collected up to the 1st of January, 1909, may be expended by the present city council of Edgewood for the support of its electric plant, its schools and upon its streets and in the administrative department of said town. Edgewood, conditions of annexation. SEC. 5. That the section known as East Atlanta, which is included in the limits as above provided, shall have proper representation in the General Council from the ward to which it is attached, as are other sections of the city; that, the city shall pay the obligations now resting on the board of trustees by the employment of teachers in the schools now serving said section; that said section shall also have such police protection, as other sections of the city of Atlanta now have, looking towards the safeguarding of the homes of the citizens of said section as other parts of the city of Atlanta, similarly situated, so as to give water and fire protection as soon as same can be done by the authorities of the city of Atlanta; that adequate school facilities shall be furnished to said section; that sewer and street mains shall be put down in this section as soon as conditions will justify it; that the

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high schools of Atlanta shall be open to the residents of this section as soon as said territory becomes a part of the city of Atlanta. East Atlanta. SEC. 6. That the portion of the western half of land lot No. 176 in the 15th district of DeKalb county, which portion lies 200 feet west of Flat Shoals road and 200 feet south of Magazine road, except that portion of said lot as may be included in any of the terms of the foregoing sections, be and the same are hereby incorporated within the limits of the city of Atlanta for police purposes, and shall be subject to all the ordinances of the city of Atlanta looking towards the enforcement of peace, good order and health. Certain territory incorporated for police purposes. SEC. 7. That the Mayor and General Council of the city of Atlanta shall provide that the territory of the town of Edgewood within the county of DeKalb, which this Act provides shall become a part of the city of Atlanta on January 1, 1909, on or before said date, whereby said territory shall become one of the wards of the city together with such added territory as said Mayor and general council may ordain shall become a part thereof. But this provision shall be subject to the terms of the Section following this, whereby it is made the duty of the mayor and general council to redistrict the entire limits of the city of Atlanta during the year 1908 so as to adjust same to the new limits herein provided for. Edgewood in DeKalb to become one ward of city. SEC. 8. That the mayor and general council of the city of Atlanta shall, during the year 1909, redistrict the territory covered by the old as well as the new limits of the city, being the territory within the limits as prescribed by this Act, and divide same into wards, not exceeding ten, having reference to population and territory, in order that all the sections of the city may be fairly represented in the general council, and each of the wards as so arranged shall be entitled to one alderman and two councilmen, and likewise, shall be entitled to representations on the board and commissions of the

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city, as the present and future ordinances may provide. Said mayor and general council are hereby authorized to provide, by ordinance, for all changes necessary to readjust the city to the new limits for all the purposes of police, fire, sanitation, schools, and any and all other public purposes served or to be served by the city of Atlanta. City re-districted into wards in 1909. SEC. 9. The power and authority of the city of Atlanta under its present charter and ordinances and all laws appertaining to the city of Atlanta as a municipality are hereby extended over and made affective in every part of the territory covered and included within the limits as prescribed by the terms of this Act. The power and authority of the officers of the city are made co-extensive with the limits as extended by this Act and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said city of Atlanta. The power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for and, in cases of default sell the property upon which taxes are due, as now prescribed by charter and ordinances of the city of Atlanta, are extended to all the limits included under the terms of this Act. The power of the board of health, police department, city tax assessors and receivers, tax collector, marshal, clerk of council, recorder, building inspector, and all the other officers of the city of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, laws and ordinances governing the city of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the city of Atlanta and are bound for the payment of said bonds equally with the former territory of the city of Atlanta. Power and authority of city over included territory. SEC. 10. That the territorial jurisdiction of the justice courts in so much of said city as is contained in the area annexed by this Act shall not extend to the entire

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limits of said city but the jurisdiction of the justice courts in the territory so annexed shall be and remain and are hereby limited to their respective districts. Justice courts. SEC. 11. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1908. ATLANTA, CHARTER AMENDED. No. 515. An Act to amend an Act, establishing a new charter for the city of Atlanta, approved February 28, 1874, and several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the city of Atlanta, approved on the 28th day of February, 1874, and the several Acts amendatory thereof, be and the same are, hereby amended as follows: SECTION 1. That Section 72 of said charter, as amended from time to time, be further amended by striking therefrom the words The board of commissioners of police shall consist of six persons, neither of whom shall be a member of the general council. They shall be elected by the mayor and general council, by a majority vote. The first election shall be held at the first regular meeting of the council in March, 1874. The terms for which they shall be elected, are as follows: Two for the term of one year, and two for the term of two years, and one for the term of three years. And,

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furthermore, repealing Section 7 of An Act amending said charter, approved August 3, 1904, adding the chairman of the police committee, as a member ex-officio of said board. Board of police commissioners. One member from each city ward. Terms of office. And, furthermore, repealing the provision of an Act amending said charter, passed in 1895, making the mayor a member ex-officio of said board, and in lieu of the foregoing inserting the following language in said original Section 72, now numbered 174, in the City Code of 1899. The board of the commissioners of police shall consist of one member from each of the wards in the city, now eight, but, if hereafter changed and the number of wards increased, said board shall have its membership enlarged, so as to have therein one member from the residents of each of the wards of the city. The mayor and chairman of the police committee of the general council shall be members of said board, ex-officio. At the termination of the present term of office the successors shall be elected for a term of three years each, and when other members are added to the board, under the provisions of this Section, they shall be likewise elected to serve for a term of three years each, on the first Monday in March, following the addition of such new members to said board, except the first members elected under this ordinance in order to complete the membership of said board as herein required. This election shall be held at the first meeting of the general council following the passage of this amendment. Such members shall be elected to serve from said date, and for a period of three years from the first Monday in March next, but also including the intervening time between the date of election and the first Monday in March next. So that said Section when so amended shall read as follows: Section 72 (now Section 174): The board of commissioners of police shall consist of one member from each of the wards in the city, now eight, but, if hereafter changed and the number of wards increased, said board

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shall have its membership enlarged, so as to have therein one member from the residents of each of the wards of the city. The mayor and chairman of the police committee of the general council shall be members of said board ex-officio. At the termination of the present term of office, the successors shall be elected for a term of three years each, and when other members are added to the board, under the provisions of this Section, they shall be likewise elected to serve for a term of three years each, on the first Monday in March following the addition of such new members to said board, except the first members elected under this ordinance in order to complete the membership of said board as herein required. This election shall be held at the first meeting of the general council following the passage of this Amendment. Such member shall be elected to serve from said date and for a period of three years from the first Monday in March next, but also including the intervening time between the date of election and the first Monday in March next. At the first regular meeting in March in each succeeding year, an election shall be held to elect, for the term of three years, a commissioner or commissioners whose term or terms may then expire. Should a vacancy occur in the board during the year 1874, from other cause than the expiration of a regular term, an election to fill it shall be immediately held by the council, any year thereafter by the general council, and incumbent shall hold until the unexpired term shall expire, and until his successor is elected and qualified. Each regular term shall begin at the date of the election, and close as hereinafter declared, and until a successor is elected and qualified. Vacancies. SEC. 2. That the provisions of the Act of the General Assembly, approved December 19, 1893, adding the office of sexton to the offices to be elected by the people, be stricken, and the office of sexton shall be left hereafter to the discretion of the mayor and general council. Sexton, appointment of. Furthermore, all cemeteries owned or controlled by

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the Mayor and general council shall be under the direction and supervision of said Mayor and general council, and they shall provide the persons to operate the same, and the method of management, either with or without a sexton, as they may deem best. Cemeteries. SEC. 3. That the mayor and general council of the city of Atlanta, in their discretion, be, and they are, hereby authorized to issue and sell five hundred thousand ($500,000) dollars of bonds, of the denomination of one thousand ($1,000) dollars each to run for thirty years from the date of their issuance, and to bear interest at the rate of three and one-half per cent. (3%) per annum, principal and interest payable in gold coin of the United States, of the present standard of weight and fineness, the interest to be paid semi-annually, and the principal to be paid at the maturity of said bonds, provided said bonds shall not be sold below par; and provided further, that the qualified voters of the city of Atlanta assent to the issue of said bonds at an election to be called by the mayor and general council at any time during the years 1908 or 1909. In the event said bonds are issued and sold, the mayor and general council of the city of Atlanta shall provide for the levy and collection of annual tax, during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semi-annually during said period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if they shall be sold, shall be applied only to the extension and improvement of the system of sewers. Sewer bonds. Tax levy. SEC. 4. That the mayor and general council of the city of Atlanta, in their discretion be, and they are hereby authorized to issue and sell five hundred thousand ($500,000) dollars of bonds, of the denomination of one thousand ($1,000) dollars each, to run for thirty years from date of their issuance and to bear interest at the rate of three and one-half per cent. (3%) per annum,

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principal and interest payable in gold coin of the United States, of the present standard of weight and fineness, the interest to be paid semi-annually and the principal to be paid at the maturity of said bonds, provided that said bonds shall not be sold below par, and provided, further, that the qualified voters of the city of Atlanta, assent to the issue of said bonds at an election to be called by the mayor and general council at any time during the year 1908 or 1909. In the event said bonds are issued and sold, the mayor and general council of the city of Atlanta, shall provide for the levy and collection of annual tax, during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semi-annually during said period, and, also, to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if they shall be sold, shall be applied only to the extension and improvement of the system of waterworks. Water bonds. Tax levy. SEC. 5. That the mayor and general council of the city of Atlanta, in their discretion be, and they are, hereby authorized to issue and sell five hundred thousand ($500,000) dollars of bonds, of the denomination of one thousand ($1,000) dollars each, to run for thirty years from the date of their issuance and to bear interest at the rate of three and one-half per cent. (3%) per annum, principal and interest payable in gold coin of the United States, of the present standard of weight and fineness, the interest to be paid semi-annually, and the principal to be paid at the maturity of said bonds, provided said bonds shall not be sold below par; and provided, further, that the qualified voters of the city of Atlanta assent to the issue of said bonds at an election to be called by the mayor and general council at any time during the year 1908 or 1909. In the event said bonds are issued and sold the mayor and general council of the city of Atlanta shall provide for the levy and collection of an annual tax, during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semi-annually

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during said period, and, also, to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if they shall be sold, shall be applied only to the extension and improvement and purchase of new grounds for and construction of school buildings and their equipment. School bonds. Tax levy. SEC. 6. That a special bond commission shall be created for the purpose of supervising and controlling the expenditure of the money arising from the sale of said bonds, said commission to be composed of the finance committee of the general council and an equal number of citizens to be elected by the general council, and provided, that only one citizen shall be elected from each ward, said election to be held by the general council in 1908. Said bond commission shall confer with the different boards in charge of the several departments in which proceeds of said bonds shall be expended, but said commission shall have final disposition of the manner and time of the expenditure of said proceeds in making said improvements, and shall make a report to the mayor and general council of all expenditures, in detail. At the conclusion of their labors, if same lasts beyond twelve months, they shall make a report annually of their acts, and said report shall be in detail, showing the time and amounts of each expenditure. Bond commission. SEC. 7. That Section 34 of said original charter, now numbered Section 74, as published in the City Code of 1899, have stricken therefrom the words Not exceeding two hundred thousand dollars, and inserting in lieu thereof the words Not exceeding four hundred thousand ($400,000) dollars, so that said Section when so amended shall read as follows: Section 34 (now Section 74). No council or general council shall be allowed to borrow any money, except as may be necessary to meet the present floating debt, or in carrying temporary balances on the same, and every contract for borrowed money other than herein allowed

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shall be void. Provided, nevertheless, that the mayor and council, or mayor and general council, shall have full power and authority, in their discretion, to negotiate loans on the most advantageous terms to said city, for the first and second quarter, to supply and make up any deficiency that may exist, of the funds in the treasury, for the purposes of paying the expenses of the city, which may be incurred under the several heads hereinafter mentioned, in any amount not exceeding four hundred thousand ($400,000) dollars, and not exceeding the amounts set apart under each head for the year in question. And provided further, that as soon as an amount equal to the amount so borrowed is paid into the treasury by taxation, or from other sources of revenue, not already applied to other debts or liabilities of said city, the said mayor and council, or mayor and general council, shall at once apply the same, or as much as may be necessary, to the repayment of said loans, or said mayor and council, or mayor and general council, shall be authorized in their discretion to make partial payments upon said loans with any moneys that may come into the treasury from time to time, under the restrictions herein provided. In either case the total amount of said loans shall be repaid out of the income of the year in which said loans were made. All contracts entered into by said council, contrary to this Act, for the purpose of raising money, or otherwise engaging the credit of said city, shall be null and void as to said city, but the said mayor, if he approve, and all members of the council, or general council, present and voting, who fail to record their votes against such measure or contract, shall be jointly and severally liable thereon, as upon their own contracts which may be enforced against such mayor and members of council or general council, in any court of this State having jurisdiction thereof. Mayor and council, authority to negotiate loans. SEC. 8. That Section 12 of the Act amending said charter, approved December 23, 1896, providing for the payment of taxes in three instalments, be amended by

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striking therefrom all that part thereof following the words three instalments, and inserting in lieu thereof the following: Of equal amounts, of one-third each, the first instalment falling due on April 15th, the second on July 1st, and the third on October 15th, of each year, and on these dates one-third of the taxes assessed under the existing provisions of said charter shall be due and payable, and on failure to pay said several instalments when due, same shall bear interest at the rate of seven per cent. (7%) per annum, and if the same are not paid on or before the 15th of October of each year, execution shall issue therefor and shall be collected as now provided. A discount of one and one-half per cent. (1%) will be allowed upon the total of annual taxes if paid on the date when the first instalment is due, as herein provided. A discount of one and one-half per cent. (1%) will be allowed upon the last instalment of one-third of the annual taxes, if same is paid on or before the time fixed for the payment of the second instalment, as herein provided, so that said Section shall read as follows: Taxes, how paid. Section 12. Be it further enacted by the authority aforesaid, That the taxes due the city of Atlanta on the real estate and personal property of all kinds taxable under the laws of Georgia, and the charter of said city, shall be due and payable in three instalments of equal amounts of one-third each, the first instalment falling due on April 15th, the second on July 1st, and the third on October 15th, of each year, and on these dates one-third of the taxes assessed under the existing provisions of said charter, shall be due and payable, and on failure to pay said several instalments when due, same shall bear interest at the rate of seven per cent. (7%) per annum, and if same are not paid on or before the 15th of October of each year, execution shall issue therefor and shall be collected as now provided. A discount of one and one-half per cent. (1%) will be allowed upon the total of annual taxes if paid on the

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date when the first instalment is due, as herein provided. A discount of one and one-half per cent. (1%) will be allowed upon the last instalment of one-third of the annual taxes, if same is paid on or before the time fixed for the payment of the second instalment, as herein provided. SEC. 9. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. BARTOW, TOWN OF, PUBLIC SCHOOL SYSTEM. No. 481. An Act to authorize the establishment and maintenence of a system of public schools for the town of Bartow; to provide for its regulation, support and control, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, there shall be established in the town of Bartow, in said State, a system of public schools to be organized, conducted, maintained and provided for, in the manner hereinafter set forth, the corporate authorities of said town of Bartow having so recommended, as provided in Article 8, Section 4, Paragraph 1, of the Constitution of said State. Bartow, town of, public school system. SEC. 2. Be it further enacted, That the following named persons, to-wit: B. A. Salter, Geo. S. Ratchford, D. R. McMillan, R. E. Lester, C. R. Josey, W. A. Thomas and P. Y. Smith, are hereby made the board of education for said town, and shall enter upon their

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duties as such, as soon as this Act is approved by the qualified voters of said town as hereinafter provided for. Board of education. SEC. 3. Be it further enacted, That the term of office of the first two of said board shall expire on January 1st, 1909, and the others annually thereafter in the order of their names as above written, in Section 2 of this Act, and their successors shall be elected by the remaining number of said board, at the first meeting of said board after the expiration of the term of office of any member or members, and the term of office shall be for three years. In case of any vacancies otherwise than by expiration of term of office, said board shall elect members to fill said vacancies, at the next meeting of the board after such vacancies occur, or as soon as practicable. No person shall be a member of the board who is not a bona fide resident of the town. Terms of office. Vacancies. SEC. 4. That officers of said board of education shall be president, vice-president, secretary and treasurer and superintendent of schools; That no member of board shall receive any compensation for his services, except the secretary and treasurer who shall not receive more than $25 per annum, to be fixed by the board. The treasurer shall give such bond as the board may deem sufficient for the faithful discharge of his duties, said duties to be designated and prescribed by the board. The principal of the white school shall be the superintendent of public schools of said town. The said board of education shall hold monthly meetings at the white school house on the first Wednesday to transact such business as may be necessary to properly carry on the schools. Officers of board. Secretary, compensation of. SEC. 5. That the town council is hereby authorized, empowered and required to levy each year a special tax for the support of schools, as the board of education may recommend, not to exceed one half of one per cent. on all property in said town, subject to taxation

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by said town, to collect the tax and promptly pay it over to the treasurer of the said board of education, to be used only in equipping, supporting and improving the public schools of said town. Said special tax to be collected when the regular town tax is collected. Special tax. SEC. 6. Be it further enacted, That after the ratification of this Act, by the election hereinafter provided for, it shall be the duty of the county school commissioner of Jefferson county, and he is hereby required to pay over to said board of education that portion of the public school fund of said county to which the schools of said town are entitled under the laws of Georgia, and the rules of distribution under which the board of education of the county apportions to the schools of the county their pro rata share of school funds under existing laws. Public school fund. SEC. 7. Be it further enacted, That there shall be established schools for not less than seven nor more than nine scholastic months in each year, the length of the term to be in the discretion of the board. The curriculum in said schools shall be only such as is taught in the system of public schools maintained by the State, except that the board may provide for a higher curriculum to be paid for by the patrons who may send pupils desiring to be taught in said higher curriculum. There shall be one and only one school for white children, and only one school for colored children in said town. Children of non-residents and such others, as may not be entitled to the benefit of these schools, may be admitted upon such terms as may be prescribed by the board of said town, said terms not in conflict with the laws of this State. And any child between the ages of six and eighteen, living in Jefferson county, but outside the corporate limits of the town of Bartow, shall be allowed to attend said schools and pursue the public school studies only, free of charge, for the full term of the public schools of Jefferson county. Scholastic months, curriculum, etc.

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SEC. 8. Be it further enacted, That no person shall be employed as teacher in any of the public schools of said town who is not licensed by the county board of education of Jefferson county, or whose license from the county board of some other county in Georgia has not been approved by the county board of education of Jefferson county. That the board of education of said town shall have power to employ teachers, to suspend or remove teachers or superintendent, to fix their compensation; to provide school houses by renting, building or otherwise; to make and to hold titles to such property; to make such rules and regulations for the government of themselves and said schools, as they may deem proper, not in conflict with the laws of this State. Teachers, school houses, etc. SEC. 9. Be it further enacted, That in case any school property acquired by said board of education of said town, under any of the provisions of this Act or otherwise be sold, the fund derived from such sale shall be re-invested in other property to be used for school purposes. School property. SEC. 10. Be it further enacted, That the said board of education of said town shall require the superintendent of the schools of said town to make such reports to the county board of education of Jefferson county as said board may deem necessary, as to enrollment, average attendance, and attendance of pupils outside of the corporate limits; said reports to be approved by the board of education of said town. Reports of superintendents. SEC. 11. Be it further enacted, That before this Act shall become operative, its adoption shall be submitted to the legally qualified voters of said town of Bartow, for which purpose the mayor of said town shall within thirty days after its passage and approval by the Governor of the State order an election of which ten days' notice shall be given by posting at the postoffice of said town, which notice shall give time, place and purpose of said election, and which election shall be held under

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the same rules and regulations as the election of mayor of said town of Bartow. At said election of adoption, those favoring the adoption of the Act shall have written or printed on their ballots the words For Public Schools and those opposed to its adoption shall have written or printed on their ballots the words Against Public Schools. And if it shall appear that two-thirds of said qualified voters, actually voting in said election have cast ballots for public schools, this Act shall be declared adopted and become operative. Should said election be against public schools, the board of education of said town of Bartow, by giving notice ten days as herein provided, may submit the question again, at any time after the expiration of six months after first election, and may continue to hold said elections every six months till this Act is adopted. Adoption by election. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. BARWICK, TOWN OF, CHARTER AMENDED. No. 479. An Act to amend an Act entitled an Act to incorporate the town of Barwick, Brooks and Thomas counties, Georgia; to define the corporate limits of said town; to confer upon the mayor and councilmen of said town certain rights, powers, privileges and duties and for other purposes, approved August 17th, 1903, so as to change the corporate limits of said town from one-half mile in radius from the depot of

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the Georgia Northern Railway Co., to three-quarters of a mile north, east, south and west from said depot, thus making the corporate limits of said town one and one-half miles square instead of one-half mile in radius from said depot, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by the authority of same, That the above recited Act incorporating the town of Barwick, Brooks and Thomas counties, Georgia, be and the same is hereby amended by striking from said Act Section 2 of the same entirely and inserting in lieu thereof the following Section: SEC. 2. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this amending Act, the corporate limits of the town of Barwick in the counties of Brooks and Thomas counties, Georgia, shall extend and embrace three-fourths of a mile north, east, south and west from the depot of the Georgia Northern Railway Company, thus making the corporate limits of said town embrace a territory and area of one and one-half miles square, instead of one-half mile in radius from said depot. Barwick, town of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this amendatory Act be, and the same are, hereby repealed. Approved August 17, 1908. BATTLE HILL, TOWN OF, CHARTER REPEALED. No. 443. An Act to repeal an Act to incorporate the town of Battle Hill in the county of Fulton, and provide a government therefor, approved December 16th, 1895,

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and the several Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same, That an Act entitled an Act to incorporate the town of Battle Hill in the county of Fulton, and provide a government therefor, approved December 16th, 1895, and the several Acts amendatory thereof be, and the same are, hereby repealed, and all authority and jurisdiction vesting in said Acts are hereby withdrawn. Battle Hill, town of, charter repealed. SEC. 1 (a). That this Act shall not become effective nor the repeal provided in Section 1 of this Act enforced until January 1st, 1910, at which time the limits of the city of Atlanta are to be extended so as to include the territory heretofore incorporated as the town of Battle Hill. SEC. 2. 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. Approved August 17, 1908. BETWEEN, TOWN OF, INCORPORATED. No. 559. An Act to incorporate the town of Between in the county of Walton, and to define its limits; to provide for a mayor and council and other officers of said town and prescribe their powers and duties; to provide for all matters of municipal concern; and empower the mayor and council of said town to enact ordinances preventing the delivery of, and receiving intoxicating liquors and whiskies within the limits of said town; to provide

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a penalty for violating same; to provide for the seizure and disposition of said intoxicants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory embraced within the limits of half a mile in every direction from a point in center of Monroe and Loganville road directly in front of the store-house of B. P. Briscoe, in the county of Walton, be incorporated under the name and style of the town of Between and said town is hereby incorporated. Between, town of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That P. D. Briscoe be, and is, hereby appointed mayor, and J. B. Upshaw, G. W. Blonchett, W. P. Briscoe and B. P. Briscoe be, and they are, hereby appointed councilmen of said town of Between, to hold their offices from the date of the approval of this bill until the first annual election as herein provided. First mayor and councilmen. SEC. 3. Be it further enacted, That on the first Saturday in December, 1909, and biennially thereafter on the same day, an election shall be held in such place in said town as shall be designated by the council of said town, for mayor and four councilmen, who shall hold their offices for two years and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of mayor or councilman of said town who is not a resident of said town, and who has not been a resident of the State of Georgia twelve months, of the county of Walton six months and of the town of Between three months. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Election of officers. SEC. 4. Be it further enacted, That before entering on the discharge of their duties, the mayor and each

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councilman shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor or councilman as the case may be, of the town of Between, according to the best of my ability and understanding; so help me God. Oath of officers. SEC. 5. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as may be necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such subordinate officers and require such bond for the faithful performance of their duties as they may deem necessary and proper. Marshal, clerks, etc. SEC. 6. Be it further enacted, That the mayor shall be ex-officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses; to examine under oath, to admit and offender to bail or commit him to jail for violation of the laws of the State and to admit to bail or commit to the guard house for violation of the ordinances of said town. Mayor, powers of. SEC. 7. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that may be necessary for the government of said town not repugnant to the Constitution and laws of this State or the United States. Mayor and councilmen, powers of. SEC. 8. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax, not exceeding twenty-five cents on every hundred dollars, upon all the property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty, under the laws of this State, to work on the streets of said town, or they may

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prescribe a commutation tax, which may be paid in lieu of work on the streets; provided, that the corporate limits shall extend only as prescribed in Section 1 of this Act, for the purpose of raising the said tax of twenty-five cents on every hundred dollars. Taxes, how levied. SEC. 9. Be it further enacted, That the mayor and council of said town shall have power to pass any ordinance to prohibit the storage or keeping of wines, beer, white-hops, malt, alcoholic or intoxicating liquors of any kind, for any illegal purposes within the corporate limits of said town, to prevent the sale or keeping for sale the same and to punish any person for violating the said law or ordinances. Wines, beer, etc. SEC. 10. Be it further enacted, That said mayor and council are further authorized and empowered, in the exercise of police power of said town, to enact ordinances preventing the delivery within the corporate limits of said town, of wine, beer, whiskey or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing for a penalty for so doing; to enact ordinances preventing any company, corporation or person from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever, and to provide for a penalty for so doing; to enact ordinances to provide for the seizure and forfeiture to the town of said intoxicants within the corporate limits of said town and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatever. Said mayor and council is further authorized and empowered in the exercise of police power to provide for and enact ordinances for the regulation, suppression, or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town; provided, that the provisions of this Act shall be held and construed to apply to domestic commerce and intrastate

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shipments as distinguished from shipments from beyond the State and interstate commerce. Police power. SEC. 11. Be it further enacted, That said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance. Nuisances. SEC. 12. Be it further enacted, That the mayor of said town, and in his absence, the mayor pro tem. who shall be elected by the councilmen from their own number, shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue execution for all fines, penalties and costs imposed by him or he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender in the guard house of said town not exceeding fifty days or may order the offender to work not exceeding fifty days on the streets of said town under direction of the marshal of said town; provided, that no fine shall exceed fifty dollars for any offense, but the mayor is hereby invested with full power and authority to inflict for any such offense either one or more or all of said penalties in the discretion of the mayor. Chief executive officer. Fines, etc. SEC. 13. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment

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from among the citizens of said town eligible to such office, under the provisions of this charter. Vacancies. SEC. 14. Be it further enacted, That the municipal government shall be styled the mayor and council of the town of Between and by that name are made a body corporate; as such they shall have perpetual succession, shall have a common seal, may contract, hold, possess, sell and convey for the use of said town, real or personal property; may sue or be sued. Corporate name and seal. SEC. 15. Be it further enacted, That in the meetings of said council the mayor shall not be allowed to vote except in cases of elections and of a tie vote of the council. Mayor votes, when. SEC. 16. Be it further enacted, That said mayor and council shall have power to fix and collect a special tax or license upon all kinds of business, calling, profession or occupation carried on within the corporate limits of said town; they shall have power to tax license, control and regulate all opera houses, livery stables, auctioneers, shows, circuses, and exhibitions of all kinds, peddlers and all itinerant traders, save such as are excepted by the laws of said State, every keeper of a shooting gallery, or ten-pin alley, or the keeper of any table, place or stand for the performance of any game or play, whether played with sticks, balls, rings or other contrivance, bicycles or skating rinks for gain; they shall have power to fix penalties against any and all persons carrying on any of said occupations, or exercising any of such privileges, without having first obtained said licenses and paid tax therefor. Business, professional tax, etc. SEC. 17. Be it further enacted, That in case any taxes, fines, commutation taxes or license fees are not paid when due the mayor of said town shall issue an execution against said delinquents, which execution shall be directed to the marshal of said town and his deputies, and it is hereby made the right and duty of said marshal

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and his deputies to proceed to levy and collect such fi. fas. as in case of fi. fas. issued for State and for county taxes. Fines, taxes, etc., how collected. SEC. 18. Be it further enacted, That said mayor and council are vested with power to lay out and open new streets or alleys, to widen or straighten any of these streets, sidewalks or alleys of said town, and to assess any damage that property-holders may incur thereby in the manner now prescribed by law, which damage shall be paid out of the town treasury. They may prohibit or remove all obstructions or encroachments on the streets or sidewalks and they shall have power to regulate and control a location of cemeteries and burial of the dead within the corporate limits of said town. Streets. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. BLAIRSVILLE, TOWN OF, INCORPORATED. No. 496. An Act to incorporate the town of Blairsville, in Union county; to define its limits; to provide for a mayor and council and other officers; and to provide for all matters of municipal concern, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the town of Blairsville, in Union county, Georgia, shall be incorporated under the name and style of Blairsville, by which name it shall sue and be sued, plead and be impleaded. Blairsville, town of, incorporated.

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SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend in a radius of one-half mile from the courthouse in said town. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That said town shall be officered by a mayor and by three members of the town council, to be elected by the qualified voters of said town. Officers. SEC. 4. Be it further enacted, by the authority aforesaid, That an election shall be held on the first Monday in September, 1908, and at the same date each second year thereafter, for a mayor and three councilmen, who shall serve two years, and until their successors are elected and qualified, said election to be conducted in the same manner as elections for members of the General Assembly, and all persons living in the incorporate limits, who shall be qualified to vote for members of the General Assembly shall be qualified to vote for mayor and councilmen, and the person or persons receiving the highest number of votes for either of said offices shall be duly declared elected by the managers; and said managers shall so certify and return said certificate, together with the election papers, the return of the first election held under this Act being made to the ordinary of Union county, and all subsequent ones to the mayor and council of Blairsville, who shall give notice of the result of said election in the newspaper in which the sheriff of said county does his advertising. Said mayor and councilmen shall take an oath to faithfully discharge the duties of their office, which said oath may be administered by any officer qualified to administer oaths, and when so taken shall be entered of record on the minutes of said council. All vacancies in the office of mayor or councilmen, from any cause shall be at once filled by a majority vote of the councilmen present at a regular meeting. Elections. Oath of officers. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That said mayor and council shall elect one of said

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councilmen clerk, and also shall from their number or otherwise, elect a marshal and shall pay him such compensation as they shall fix. The mayor and councilmen shall serve without compensation. Clerk. Marshal. SEC. 6. Be it further enacted by the authority aforesaid, That the marshal of said town of Blairsville shall be by virtue of his office tax receiver of said town, and within thirty days after his election and qualification shall receive the tax returns of each tax payer within the corporate limits of said town on all property therein of every kind at a fair valuation. Any tax payer refusing or failing to make such return shall be reported to the mayor and council, who shall direct said marshal to make up a list of his or her taxable property and when this is done they shall affix to the same a fair valuation. Said mayor and council shall carefully inspect the return as made by each tax payer, and if dissatisfied with the same shall cite the tax payer for hearing and pass on the same, with a view that both said town of Blairsville and the tax payer shall be fairly treated in the matter. Said tax returns so made shall be kept of record in a book for that purpose. Marshal, duties of. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to open, lay out, construct and cause to be worked in said town of Blairsville, all roads, streets and lanes, as in their judgment is necessary and proper, and for this purpose are authorized to set aside such sum raised by taxation or otherwise, and require of each male inhabitant within the corporate limits of said town, subject to road duty under the law of force, such tax or road work as the law requires of him. Said mayor and council shall have authority to make any and all by-laws, rules and regulations, or ordinances necessary for the government of said town, which are not inconsistent with the laws and the Constitution of this State, to punish by fine or imprisonment, or both, in the discretion of the mayor, or as may be fixed by ordinance. Said mayor is

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hereby clothed with authority to try offenders against the ordinances of said town, and is hereby empowered to punish such offenders by a fine of not more than $50.00, or by work on the roads or streets of said town for not more than thirty days, either or both of such penalties. The mayor and council shall have authority to fix the costs in all cases of violation of the ordinances of said town, and upon conviction, said costs shall be taxed against the offender so convicted. Roads, streets, lanes, etc. Ordinances. Mayor, authority to try offenders. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and council shall be empowered to levy taxes for the support of the government of said town, and fix the compensation of all employees thereof. Taxes. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 17, 1908. BLAKELYEXAMINATION OF DISPENSARY. No. 423. An Act to provide for an examination into the affairs of the dispensary in Blakely, Georgia, from its organization up to the present time, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is herey enacted by authority of the same, A competent auditor to be appointed by the judge of the superior court of the Pataula circuit, as soon as practicable after the passage and approval of this Act, is hereby designated a committee and authorized and required to make a full investigation into the financial

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affairs of the dispensary in Blakely, and especially as to the acts and doings of the board of commissioners of the dispensary from the organization of said dispensary up to the present time with a view of ascertaining how and for what purpose the assets and monies and other resources of said board were expended, and whether lawfully; and to this end all persons and officers having charge of the books, papers, and other things from which information may be obtained in regard to said affairs, are hereby required to turn them over to said committee for this investigation, and said committee shall have the right to summon witnesses, including any and all officers of any bank or other corporations, and to require the production of books and papers, whether in the custody, control or possession of said witness in his individual capacity or as an officer of any bank or other corporations, and a failure to appear or to produce books and papers in response to their subpoena shall be punished in like manner as for contempt before commissioners to take depositions in this State. Dispensary of Blakely. Investigation by auditor. SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of making this investigation, said committee may and shall have authority to examine the books and affairs of said board of commissioners at any time prior to or subsequent to the date named above. Authority to examine commissioners' books. SEC. 3. Be it further enacted by the authority aforesaid, That on the completion of their labors, said committee shall make a report under oath and file it in the office of the clerk of the superior court of Early county for such action as may be lawfully taken thereon, and for the information of the proper officers. SEC. 4. Be it further enacted by authority aforesaid, That said auditor shall be paid for his services such sums as said judge of said superior court may designate, not to exceed the sum of $150.00, to be paid out of the funds arising from the rent or sale of the dispensary building in Blakely upon the order of said judge. Compensation.

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SEC. 5. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 14, 1908. BLUE RIDGENEW CHARTER. No. 356. An Act to amend, consolidate and supersede the several Acts incorporating the city of Blue Ridge, in the county of Fannin, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the city of Blue Ridge, located in the county of Fannin, State of Georgia, be, and are, hereby incorporated under the name and style of the City of Blue Ridge, and the said city of Blue Ridge is hereby chartered and made a city under the corporate name of the City of Blue Ridge, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to said city of Blue Ridge, shall be, and are, hereby vested in said city of Blue Ridge, as created by this Act; and the said city of Blue Ridge, as created by this Act, may, by its corporate name, sue and be sued,

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contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the laws of the United States. And the said city of Blue Ridge shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatsoever kinds, and within or without the limits of said city, for corporate purposes said city of Blue Ridge, created by this Act, shall succeed to all rights of, and is hereby made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of said city of Blue Ridge, and its mayor and councilmen, as a body corporate, as heretofore incorporated. City of Blue Ridge. Charter powers. SEC. 2. Be it further enacted, That the corporate limits of said city of Blue Ridge shall extend one mile northeast from the county courthouse along the track of the Louisville Nashville railroad, and one mile southwest from said courthouse along the track of said railroad, and one-half mile each way from the center of the main track of said railroad as it is now located through said city of Blue Ridge. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of the city of Blue Ridge shall consist of, and be vested in, a mayor and five councilmen. That the present mayor and five councilmen of said city, who were elected on the third Saturday in December, 1907, shall continue in office until the first day of January, 1909, or until their successors are elected and qualified, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the mayor and councilmen of said city of Blue Ridge, created by this charter,

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and on the fourth Saturday in December, 1908, a mayor and five councilmen shall be elected as provided in the next Section of this Act. Mayor and council. SEC. 4. Be it further enacted, That on the fourth Saturday in December, 1908, there shall be elected for said city, by the qualified voters herein, a mayor and five councilmen, and annually thereafter, on the fourth Saturday in December, a mayor and five councilmen. All elections for mayor and councilmen under this charter shall be by general tickets. The term of office of the mayor and councilmen elected under the provisions of this charter shall be one year, commencing on the first day of January next after their election, unless said day shall fall upon Sunday, then and in that event, on the following day, and until their successors are elected, or appointed and qualified. On the first day of January after their election, unless it shall happen on Sunday, then and in that event, on the following day, the mayor and councilmen-elect shall meet at the court-house or other usual places of holding council meetings in said city, and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the city of Blue Ridge for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the city may require, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy

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or vacancies may be filled by appointment and selection by the mayor and councilmen, in cases of vacancies in the council, and by the councilmen in case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies. Mayor and council. Election, terms of office. Oath. Meetings. Vacancies. SEC. 5. Be it further enacted, That should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant, and the vacancy filled as above provided. Vacancies. SEC. 6. Be it further enacted, That all elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said city of Blue Ridge, shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; or by three freeholders, all of whom shall be citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before some justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power; so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally-sheets. All elections shall be held at the county courthouse in said city, and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m., and close at 6 o'clock p. m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen

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shall determine and provide for the pay of the managers, and of any clerks that may be necessary for the holding of the election. Elections, how managed and held. SEC. 7. Be it further enacted, That the said managers shall certify two lists of voters and two tally-sheets, and shall place one list of voters and one tally-sheet in the ballot boxes with the ballots and seal the same, and shall forthwith deliver the same to the ordinary of Fannin county, or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. If the result of any election held in said city is contested, notice of said contest shall be filed with the ordinary of Fannin county within three days after said election, and upon the payment in advance by the contestant, or contestants, to said ordinary, of ten dollars; the said ordinary shall, within two days after he received the same, cause a copy of said notice to be served by the sheriff or his deputy, on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of the city; said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after servie has been perfected; of which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff, or his deputy, two dollars in advance for service of notice of contest. Said notice of contest shall set out therein plainly and distinctly the grounds upon which said result of election is contested; contestee may set up any cross grounds of contest. The contest shall be heard at the courthouse. Said ordinary is authorized to hear and determine any

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contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Return of managers. Contested elections. SEC. 8. Be it further enacted, That the mayor and councilmen at their meeting on the first day of January 1909, and annually thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor, or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. SEC. 9. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in said city one month prior to the election at which they offer to vote, and shall have registered as shall be required by registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualified voters. SEC. 10. Be it further enacted, That no person shall be eligible for the office of mayor or councilman of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. Mayor or councilman, who are eligible. SEC. 11. Be it further enacted, That at the meeting of the mayor and councilmen on the first day of January, 1909, and annually thereafter, the mayor and councilmen shall elect a city clerk and treasurer, marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and councilmen shall be necessary; city attorney, and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take

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such oaths, perform such duties, and give such bonds as the mayor and councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the city of Blue Ridge. Said mayor and councilmen shall have power and authority to suspend and remove said officers, in their discretion; and it shall be their duty to fix the salaries, or compensation, of said mayor and councilmen, and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, councilmen or officer. All expenditures of the mayor and councilmen shall be paid out of the city funds by an order drawn by the city clerk, countersigned by the mayor, or, in his absence, by the mayor pro tem., after the mayor and councilmen have allowed and audited the same. Clerk, treasurer, marshal. Oath. Suspension. Salaries. SEC. 12. Be it enacted, That the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them; provided, that every question so determined, or, ordinance passed, shall receive not less than three votes. On all questions before the said council the mayor, or the mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie. He shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on a yea and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his vote of any measure passed by that body, with the reasons for withholding his assent, within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Quorum. Mayor votes, when. Veto power. SEC. 13. Be it further enacted, That the mayor of said city shall be the chief executive officer of Blue

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Ridge. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced; and that all of the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the mayor and councilmen. He shall have the power to convene the council in special, called or extra sessions whenever in his judgment it becomes necessary. Mayor, chief executive. Powers. SEC. 14. Be it further enacted, That the mayor, or, in his absence or disqualification the mayor pro tem., or in case of the absence or disqualification of both the mayor and mayor pro tem., any councilman of the city may hold and preside over a court in said city of Blue Ridge, to be called the police court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. Said court shall have power to punish all violations of the charter or ordinances of the city by fine not to exceed one hundred dollars, imprisonment in the city prison or the county jail, having previously arranged with the county authorities, not to exceed fifty days, and to work on the streets in the city chaingang, or such other public places as the mayor or acting mayor may direct, not to exceed three months; any one or more of these punishments may be inflicted by the mayor, or acting mayor, in his discretion, and the fines imposed may be collected by execution. Police court. SEC. 15. Be it further enacted, That the mayor, or mayor pro tem., in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender, or offenders, to jail, or bail them if the offense is bailable

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by a justice of the peace under the laws of the State, to appear before the superior court of Fannin county. Commitment. SEC. 16. Be it further enacted, That the mayor and councilmen of said city shall have the power to authorize by ordinance the marshal, or policeman, of said city to summons any, or all bystanders to aid in the arrest of any person, or persons, violating any ordinance of said city, or any law of this State, and to provide a punishment for any person, or persons, failing or refusing to obey such summons. Marshal or policeman may deputize bystanders to arrest offenders. SEC. 17. Be it further enacted, That it shall be lawful for the marshal, or any policeman, of said city to arrest without warrant any person, or persons, within the corporate limits of said city, who, at the time of said arrest, or before that time have been guilty of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, or in the jail of Fannin county, for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person, or persons, with violating the criminal laws of this State. The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the city of Blue Ridge; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem., or acting mayor. The city marshal, or any policeman, may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial,

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and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, or mayor pro tem. Arrests. SEC. 18. Be it further enacted, That the mayor and councilmen of the city of Blue Ridge shall have power to organize one or more chaingangs, or work gangs, and confine therein persons who have been sentenced by the police court of the city of Blue Ridge, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Chaingangs. SEC. 19. Be it further enacted, That the mayor or mayor pro tem., when any person, or persons, are arraigned before the mayor's, or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, and the accused fail to appear at the time fixed for the trial; the bond may be forfeited by the mayor or mayor pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor, shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be, by order of the officer presiding, declared forfeited to the city of Blue Ridge. Bonds, forfeiture, etc. SEC. 20. Be it further enacted, That any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to the board of councilmen; provided, the

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appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall, as early thereafter as practicable, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the mayor, and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have the right to certiorari to the superior court of Fannin county; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if the fine is imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this Section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the superior court, to file the usual pauper affidavit in lieu of either giving of bond and security and the payment of the cost; and provided, further, the applicant failing to give the bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this Section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the mayor's or police court, from certioraring the proceeding directly to the superior court in all cases when certiorari will lie from the judgment of the justice of the peace in civil actions under the rules of law governing such cases. Appeals. Certiorari. SEC. 21. Be it further enacted, That said mayor and councilmen may, at any time after the passage of this Act, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city, owners of real estate therein, tax assessors, whose terms of office shall be one year. Said city tax assessors may at any time be

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removed from their office by the mayor and councilmen for good and sufficient cause, to be judged by mayor and councilmen, and all vacancies occurring from any cause may be filled by the said mayor and councilmen at any time; and it shall be the duty of said tax assessors to assess the value of real estate in said city for the purposes of taxation by said city, and it shall be their duty to examine tax returns placed before them by the clerk of said city who shall receive the same, and increase the valuation of personal property thereon when, in their judgment, the value placed thereon by the tax payer is too small. The mayor and councilmen shall have power to prescribe rules for the government of said city tax assessors. Said assessors shall make returns of the assessments made by them to said mayor and councilmen each year, thirty days before the time for collecting taxes. When said return is made, said mayor and councilmen shall appoint a time and place for hearing objections to the assessments, said objections to be heard by said mayor and councilmen, of which public notice shall be given as may be prescribed by ordinances, and the clerk of said city shall give each owner of property whose tax returns of personalty has been increased at least five days' notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, notice to such agent shall be sufficient. If the owner is not a resident of said city, and has no agent residing therein, the mayor and councilmen shall prescribe by ordinance what notice, if any, shall be given. Said mayor and councilmen shall have the power to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double-taxing defaulters. The city assessors shall take such oaths and receive such compensation as the mayor and councilmen may prescribe. Such city tax assessors shall have the power to require said tax payers to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments, when in their opinion

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their production is necessary for a correct and true assessment. All assessments made by said assessors of real estate, shall become final if no objection is made on or before the time set for hearing objections by the said mayor and councilmen, notice, such as the mayor and councilmen may, by ordinance, prescribe, having been given of such hearing; and if objections are made at the said hearing to any assessment, the decision of said mayor and counclmen, on the hearing of subjects, may increase or decrease the assessment as made by the assessor. Tax assessors. Vacancies. Rules for government. Objections to assessments, how heard. Oath, compensation, powers. SEC. 22. Be it further enacted, That in case any property which is subject to taxation was not assessed, if realty, by the assessors, or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected in any year past, the city tax assessors may at any time assess said property for said year or years, and double tax it if there has been a failure to return it as required by law, and if the mayor and councilmen have provided for double-taxing of defaulters, an execution shall then issue therefor, as in other cases, at the rate for the several years in which no taxes were paid. This Section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was not returned for taxation and taxes collected thereon, as well as to property which in future may be omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year. The mayor and councilmen may provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes, and the hearing of any complaint. All assessments referred to in this Section shall be made by the city tax assessors. Defaulters. Back taxes. SEC. 23. Be it further enacted, That the mayor and councilmen shall have the right and authority to provide by ordinance when the taxes of said city shall fall due,

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and in what length of time said taxes may be paid; when tax execution shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and fix a penalty for the non-payment of taxes when due. Taxes due, when. SEC. 24. Be it further enacted, That the mayor and councilmen of said city shall have the right and power to provide for and regulate the curbs and gutters that empty into streets or sidewalks in said city; to regulate or prohibit (except as such power may be restricted by any existing general laws) the use of the streets, sidewalks and public grounds for signs, sign posts, awnings, telegraph, telephone poles, horse troughs, racks, and for carrying banners, hand bills and advertising; to regulate or prohibit the carrying of banners, hand bills and play cards on the streets and sidewalks, and public places of said city. Also to compel any telegraph, telephone company having previously erected poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telephone and telegraph company shall fail to remove same within thirty days after having been duly notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal by execution. Powers of mayor and councilmen. SEC. 25. Be it further enacted, That the mayor and councilmen of said city of Blue Ridge shall have full power and authority to require the railroad, or railroads running through said city, or any portion of it, to make and repair such crossings on their several roads whenever and in such manner said mayor and councilmen may deem necessary; to place or repair such crossings, or open up and keep open any and all streets in said city; and the mayor and councilmen may pass any ordinance needful for carrying out the provisions of this Section; and in case railroads, as aforesaid, shall fail or refuse to make such crossings within five days, or to repair same within twenty-four hours after having been notified to

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do so by said city, the mayor and councilmen shall have power to create and make same across such railroads and repair same at the expense of said railroad, and may issue an execution therefor, and levy and collect the same as provided in the case of tax execution. Railroad crossings. SEC. 26. Be it further enacted, That the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naphtha, nitro-glycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substance or material, within the limits of said city; and to regulate the use of lights in stables and shops or other places, or building bonfires; to regulate or prevent the sale of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Boilers, explosives, fireworks, etc., regulation of. SEC. 27. Be it further enacted, That the said mayor and councilmen shall have full power and authority to require any person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, vocation or profession annually, and to require said person, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay said taxes, or take out said license for same, who engage in, or attempt to engage in, such business, profession or occupation before paying such taxes or take out said license,

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or who failed to comply in full with all requirements of said ordinance made in reference thereto. Business and professional licenses, occupation tax, etc. SEC. 28. Be it further enacted, That said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept and used for the purpose of playing, gaming or renting, all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, and to charge for said license such sum as they may by ordinance prescribe. Billiard tables, pool tables, ten-pin alleys, etc. SEC. 29. Be it further enacted, That said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokers' license. SEC. 30. Be it further enacted, That the mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, opera house, drays, hacks used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant lightning-rod dealers, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in jewelry and medicine, and all itinerant articles of merchandise, except such as are exempted by the laws of this State. Also any person running a flying-jenny, flying-horse, merry-go-round, bicycle or skating-rink, and all circuses, side shows and all other shows and performances exhibiting in said city, and all persons selling goods, wares and merchandise by sample, advertisement or retail, and all other business, calling or vocation which under the Constitution and laws of this State are not exempt from license. Opera house, drays, etc., licenses.

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SEC. 31. Be it further enacted, That the mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of any animal or animals so impounded. Also when the owner or owners of such animal, or animals, shall fail or refuse to pay the impounding fee and cost of keeping said animal, or animals, said animal, or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal, or animals, under such rules and regulations as may be prescribed by the mayor and councilmen. Impounding stock. SEC. 32. Be it further enacted, That the mayor and councilmen of said city shall have full and complete control of the streets, sidewalks, alleys, and squares in said city, and shall have power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening and grading, or in any way change the street lines and sidewalks of this city, and when the power and authority granted by this Section is to be exercised by the mayor and councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent, in the manner provided by Sections 4657-4685, inclusive, of Volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and councilmen may abandon such proceedings at any time upon payment of accrued cost. The mayor and councilmen shall have full power and authority to remove, or cause to be removed, any buildings, steps, fence, gate, post, or other obstruction or nuisance in the public

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streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this Section by appropriate ordinance. Streets, sidewalks, etc., control of. SEC. 33. Be it further enacted, That the mayor and councilmen of said city shall have full power and authority, in their discretion, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public lanes, and alleys of said city. In order to carry into effect the authority above, the said mayor and councilmen shall have power and authority to assess the cost of paving and otherwise improving the sidewalks, including not more than one-third of the necessary curbing on the real estate abutting on said sidewalks. Said mayor and councilmen shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on the street shall not pay more than two-thirds of the entire cost, in the discretion of the mayor and councilmen, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city, shall be required to pave, macadamize or otherwise improve said streets in such proportion as the mayor and councilmen may prescribe. Said mayor and councilmen shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made, prorating the cost thereof on the real estate according to its frontage on the street, or portion of street so improved, or according to the area or value of said property, either or all, as may be provided and determined by ordinance. That the amount of assessment on each piece of real estate shall be a lien on said

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real estate from date of the passage of the ordinance providing for the work and making the assessment. The mayor and councilmen shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon streets or sidewalks, by execution issued by the city clerk against real estate so assessed, for the amount against the owner at the date of ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in the case of other sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said marshal shall have authority to eject occupants and put purchasers in possession; provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, with all cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the superior court of Fannin county, and tried and the issue determined, as in cases of illegality, subject to penalties provided in case of illegality filed for delay. The mayor and council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad company, or other property holder or occupant of the street the option of having the space to be paved by them paved by themselves, or by contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property, and on street railroad or other railroad companies, for street or sidewalk, paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from passage of the ordinance authorizing the execution of the work in each case. Said mayor and councilmen shall have power and authority to prescribe by ordinance

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such rules as they may, in their discretion, think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks, and alleys of said city, to enforce by execution the cost thereof against the adjacent property owner and all railroad companies, and to provide how agents and owners thereof shall be served with notice by personal service or by publication. Grading, paving, etc. Assessments. Liens for assessments. SEC. 34. Be it further enacted, That the mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system, in said city, and around said city, for health, cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains, and public sewers, private waterclosets, privies and the like, in said city, with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in or the total discontinuance of any such contrivances or structures already in existence, or that may hereafter be allowed. When any system of sewerage or drainage shall be constructed by said mayor and councilmen, or under their direction, assessments may be made and executions may issue for the expense thereof, under the same rules and governed by the same provisions as assessments and execution for paving, grading or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage and drainage.

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SEC. 35. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon, or through, private property, and the owners of said property refuse to grant right of way for that purpose, and such owners and the authorities of said city can not agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed, notwithstanding the entering of an appeal. Sewers on private property. SEC. 36. Be it further enacted, That said mayor and councilmen may provide by ordinance for the execution of the provisions of these Sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Municipal authority, how exercised. SEC. 37. Be it further enacted, That for the purpose of the preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Sewerage and drainage beyond corporate limits. SEC. 38. Be it further enacted, That said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The

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amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitation tax. SEC. 39. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said city of Blue Ridge, the mayor and councilmen of said city shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking, and every other species of property in said city or owned or held therein, of not exceeding one dollar on the hundred dollars, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may hereafter issue, by said city authorities, and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinances for the returns of all taxable property in said city, and to provide penalties for neglect or refusal to comply with the same. Ad valorem tax. SEC. 40. Be it further enacted, That jurisdiction of the mayor and councilmen and the territorial limits of the city of Blue Ridge, are hereby extended for police and sanitary purposes, over all the lands that may hereafter be acquired, by said city for waterworks, sewer and electric light purposes, and waterworks or other stations, and adjacent lands, and the pipes and mains of said waterworks system, and they shall have power and

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authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage; also, over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating same, wherever found, within or without the limits of said city. Protection of waterworks, light plant, etc. SEC. 41. Be it further enacted, That the mayor and councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 4657 to 4686, inclusive, of Volume 2 of the Code of Georgia of 1895, and Acts amendatory thereof. Condemnation for public utilities. SEC. 42. Be it further enacted, That said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, waterclosets and the like in said city, with full power to prescribed their location,

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structure and use, and to make such regulations concerning them in all particulars as may seem best for preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of water closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, or whenever they become a nuisance. They shall also have power and authority to compel the owner to connect waterclosets and urinals on the premises of property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers, and under such rules and regulations as may be prescribed by the mayor and councilmen, and said property owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections, and assess the cost of said connection and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in the Act for enforcement of executions in favor of said city. Control of water supply and sewerage. SEC. 43. Be it further enacted, That the mayor and councilmen of said city shall divide the real estate of said city into what shall be known as sanitary lots, and shall assess, levy and collect from the owner or owners of each of said lots a tax not exceeding one dollar per year from each lot, which shall be known as a sanitary tax, and which shall be in addition to the other taxes in this charter authorized, and which shall be collected as other taxes under this charter are collected, and which shall be used only for the improvement and betterment of the sanitary condition of said city in such manner as they may prescribe. Sanitary tax.

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SEC. 44. Be it further enacted, That the mayor and councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties, as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the city, and report to the mayor and councilmen all nuisances which are likely to endanger the health of the city or the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose Acts or negligence caused said nuisance, or the owner of the property upon which same may be located, as the mayor and councilmen may elect, and execution may issue against said party to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of Health. SEC. 45. Be it further enacted, That said mayor and councilmen shall have full power and authority to cause owners of city lots or parts of lots, and cellars, if same should prove a nuisance, or board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirements of said mayor and councilmen, by draining or filling said lots or cellars, it shall be lawful for said mayor and councilmen to have this work performed and the amount expended in doing so collected by execution, and the sale under such execution shall pass the title to the property. Nuisances, how abated.

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SEC. 46. Be it further enacted, That said mayor and councilmen may by ordinance declare what shall be a nuisance in said city, and provide for the abatement of the same. The mayor's court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Mayor and council or mayor's court may abate nuisances. SEC. 47. Be it further enacted, That the mayor and councilmen of said city shall never have power and authority by ordinance or otherwise to authorize the sale of whiskey, brandy, gin, beer, ale, bitters, cider, or any other spirituous liquors of an intoxicating nature within the limits of said city of Blue Ridge, either by wholesale, retail or any other manner or through dispensatories. Sale of liquors prohibited. SEC. 48. Be it further enacted, That the marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect, to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen shall have full power and authority to abate as a nuisance any place in said city when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger, or a place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon a conviction of a person for maintaining a nuisance, as above stated, and as a punishment for same, said mayor and councilmen, shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender, or offenders, as may be prescribed by ordinance. Blind tigers. SEC. 49. Be it further enacted, That said mayor and councilmen may enact any and all ordinances, rules and

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regulations necessary to lay out a fire district in said city of Blue Ridge, and enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that they may deem necessary to protect said city as far as possible from danger from fire, and to prevent conflagration. They also have power and authority to order changes in the construction and arrangement of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same is dangerous, or likely to become so, and make the owner or occupant of the premises pay the expenses of the change, as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said mayor and councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire limits. SEC. 50. Be it further enacted, That said mayor and councilmen may exercise general supervision over all buildings of every character within said city, and shall have the right and authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Supervision of buildings. SEC. 51. Be it further enacted, That said mayor and councilmen shall have the power to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violating any of such quarantine regulations of said city. They shall have power to build or establish a pest house

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outside of said city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house any person or persons who have small pox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of the city, to vaccinate all persons who are unable to procure said vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Quarantine, pest houses, and vaccination. SEC. 52. Be it further enacted, That said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping said cemetery in proper condition. Churches and cemeteries. SEC. 53. Be it further enacted, That all ordinances heretofore adopted by the mayor and councilmen of said city of Blue Ridge for said city, and any which are now in force and which are not inconsistent with nor repugnant to this Act, shall remain in full force and effect; provided, that said mayor and councilmen of said city may, at any time, repeal, alter or amend any of said ordinances. All ordinances, resolutions, rules and regulations passed by said mayor and councilmen shall be recorded in a well-bound book by the clerk of said city which shall be open to inspection by the public at any and all times, and it shall not be necessary to give any notice to the public of intention to introduce any ordinance, resolution, rule or regulation, either before or after its passage, other than such notice or publication as is given by the recording of the same in the book to be kept as aforesaid by the said city clerk. Ordinances, etc.

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SEC. 54. Be it further enacted, That the mayor and councilmen of said city shall have power to grant franchises, easements, and rights of way over, in, under and on the public streets, lanes, alleys, parks, and other property of said city, on such terms and conditions as they may fix; provided, that no such franchise shall be granted for a term of more than twenty years, nor without compensation to said city, to be provided for in said franchise ordinance, which compensation shall be one per cent. of the annual gross income received from or on account of said franchise. This compensation shall be paid annually, and a failure thus to pay the same shall work a forfeiture of said franchise. Franchises. SEC. 55. Be it further enacted, That should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor, or mayor pro tem., or acting mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Fugitives. SEC. 56. Be it further enacted, That the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of and business of any officer, or conduct of any officer, and said committee, or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel

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the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of officers. SEC. 57. Be it further enacted, That the mayor and councilmen shall have power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fees of officers. SEC. 58. Be it further enacted, That the mayor and councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. The mayor and councilmen may contract with the proper authorities of Fannin county for the use of the common jail of said county for this purpose. City prison. SEC. 59. Be it further enacted, That said mayor and councilmen shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this Section. Lewd houses and gambling places. SEC. 60. Be it further enacted, That said city of Blue Ridge created by this Act shall have power and authority to establish, own, maintain and operate a system of waterworks, electric light plants, gas works and sewerage system, or any of them, for the purpose of supplying its inhabitants and the city, as well as customers generally, within said city and its suburbs, with water, lights, electricity or gas for power purposes, sewerage, or any of them, and the mayor and councilmen of said city shall have the full power and authority to do any and all things necessary for such purposes, to contract with any person for the purchase of land or premises, and water-rights, to be used in connection therewith, whether within or without the city, and if necessary, to

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condemn the same as in this charter provided. Said mayor and councilmen shall have the authority to make contracts for the purchase of plants, machinery and appliances, and do any acts necessary in connection with same, not in conflict with the powers vested in the water, light, sewer and bond commission, created by this Act, for said city. Water, lights and sewerage. SEC. 61. Be it further enacted, That a water, light, sewer and bond commission of the city of Blue Ridge is hereby created, to be composed of three discreet and conservative business men of the city of Blue Ridge, and who shall be owners of real estate located in said city, to be chosen by the mayor and councilmen of said city as follows: They shall, as soon after the passage of this Act as practicable, select from the citizens of Blue Ridge three commissioners, one to serve one year and until his successor is elected and qualified; and one for two years, and until his successor is elected and qualified, and one for three years and until his successor is elected and qualified, and the successors of each of those first appointed shall hold their office for three years and until their successors are elected and qualified, and at the expiration of the term for which each commissioner was chosen his successor shall be elected. The said commissioner shall handle and control such sums as shall from time to time be turned over to it for the purpose of raising a sinking fund for the final redemption of the bonds of the city of Blue Ridge which now exist or which may hereafter exist, as well as provide for the payment of the interest which may become due on the present or any future bonds of the city of Blue Ridge. Said commission, may in its discretion, upon obtaining good and sufficient security, loan to any solvent bank in this State any part or all, of the said sinking fund as the same accumulates, upon such favorable terms as they secure; provided, that said loan shall not be contracted by it for less than three per cent. per annum, payable on the 31st day of December

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in each year, and which interest when so collected shall be applied by them to the payment of the interest annually accruing on the bonds of the city of Blue Ridge. Bond commission. SEC. 62. Be it further enacted, That the city clerk and treasurer shall immediately open an account on their books with said commission, and shall pass over to said commission all taxes collected under existing laws, or which may be raised in future for the purpose of paying any bonded debt or the interest thereon, due by or against the city of Blue Ridge, and the mayor and councilmen shall pay over to said commission semi-annually a sufficient sum to pay the accruing interest and the amount required by law, to be held as a sinking fund for the final redemption of the entire bonded indebtedness of said city. Said commission shall have power to loan said sinking fund as provided in the preceding Section, and may in their discretion buy up the bonds of said city, or any of them, before their maturity, paying premium therefor, in their wise descretion, and said mayor and councilmen shall each year appropriate a sufficient sum of money to defray the necessary expenses of the commission. Sinking fund. SEC. 63. Be it further enacted, That said bond commission shall on the first day of January in each year submit a written statement, sworn to, by the members of said commission, to the city council, which statement shall give a full and accurate statement of all moneys in their hands, and of the amount and maturity of the outstanding bonds of said city, and all other matters which go to illustrate the matter over which they have jurisdiction. Reports of commission. SEC. 64. Be it further enacted, That said water, light, sewer and bond commission shall have power to elect annually the following officers, who shall hold their respective offices for one year, or until their successors are elected and qualified, unless removed therefrom by said commission, to-wit: A superintendent and engineer,

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and clerk (who may be the city clerk), to define the duties of each of said officers, and to appoint such other agents and persons as may be necessary to carry on and operate said water works, gas, electric light plant and sewer system, to fix the salaries and pay of such officers and employees, and to alter the same from time to time, at their discretion; to manage and control the entire electric light plant, gas, water works and sewer system; to erect, alter and maintain fire-plugs and public hydrants, poles, and wires and lights, in such places within the city limits of said city as the mayor and councilmen may direct, and regulate the use thereof; to supply the city with lights and water for fire purposes, sprinkling the streets, flushing the sewers, and for lighting the streets, and for all purposes; to fix the price, time and place of payment for the use thereof; to collect and expend the income of the electric light and waterworks system for the purposes herein named, and pay all surplus income and money received into the treasury of the city; to issue executions against tenants and landlords, jointly and severally, for lights and water rents, due by them or either of them, to be levied and collected as other executions in favor of the city; to require payment in advance or at maturity, as they may elect, and in case payment shall not be made as required, to shut off the lights and water from buildings, places and premises, and to keep the same at their discretion shut off, until all arrears, with the interest thereon, shall be fully paid; and to make proper rules and regulations as they may see fit for the sale and distribution of the products of these plants. That said commissioners shall make no contracts for the use of the water and lights for longer than two years, nor shall they, by any contract limit or restrain their power, or that of their successors, to make contracts with other persons, or to modify or to discontinue such as they may make whenever, in their judgment, it may be necessary for them to do so. The city treasurer and clerk shall be ex-officio

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treasurer and clerk of said board, and each shall give bond in such sum as the board may require, payable to said board. Said board shall have the right to remove without cause any person appointed by them, and said commissioners shall make quarterly reports and returns to the mayor and councilmen of all receipts and disbursements made by them, and of such other matters and things as they may see fit or the mayor and councilmen may require. The compensation of said commissioners, if any, shall be fixed by the mayor and councilmen of said city. Powers of bond commission. SEC. 65. Be it further enacted, That said commissioners shall be amenable to the mayor and councilmen of said city, and they shall be subject to be removed from office for neglect of duty or for malfeasance therein, on trial and conviction thereof by such mayor and councilmen. Commissioners amenable to mayor and council. SEC. 66. Be it further enacted, That said commissioners may pass such ordinances, rules and regulations as they may see fit and proper for the protection of said system, and the mayor and councilmen shall have the right and authority to punish all persons for violations of the same. Rules of commission. SEC. 67. Be it further enacted, That the mayor and councilmen of said city shall have power, upon proper and sufficient proof of ill fame, bawdy-houses, lewd or gaming house or place, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agent who shall after notice of the character of the inmates continue to rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. Lewd houses. SEC. 68. Be it further enacted, That no person shall be allowed to vote in any election held in said city of Blue Ridge, for any purpose, who has not been duly registered as hereinafter provided. Voters.

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SEC. 69. Be it further enacted, That it shall be the duty of the clerk, upon the first Monday in November of each year, to open a registration book for the registration of all the qualified voters of said city. Said book shall be kept open each and every day between the hours of 8 o'clock a.m., and 6 o'clock p.m., (Sundays and legal holidays excepted) until the first Monday in December, when it shall be finally and absolutely closed. It shall be the duty of the clerk, upon application in person, and not by proxy, of any male citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed, and demanded of by the authority of the city, and who, upon the day of election, if then a resident, will have resided in said city for one month prior thereto, to allow such person to register his name and color recording on said book, besides the applicant's name, his age, occupation, or business, and the locality in the city where he resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county six months, and in the city of Blue Ridge one month next preceding this registration, or that by the date of the next city election, if still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of the city until the day of the election; that you are twenty-one years old; that you have paid all taxes due the city of Blue Ridge, and all taxes required by the laws of the State of Georgia, except taxes for this year, and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book, and to require the applicant for registration to

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swear to said oath and sign his name thereto or by some one authorized to do so for him. Registration of voters. SEC. 70. Be it further enacted, That it shall be the duty of the clerk to prepare a list of the names registered, arranged in alphabetical order. It shall be the duty of said clerk to furnish the managers of the election at or before the opening of the polls on the day of the election with a complete list of all registered voters, arranged in alphabetical order, certified under his official signature. Said lists shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear upon said list, and when said election is over, it shall be the duty of said managers to return said lists to the city clerk, to be by him safely kept and preserved. For any intermediate or special elections in said city for any purpose, the clerk shall open said registration book at least thirty days before said intermediate or special election, and close the same five days before the day of said election, and furnish the lists to the managers of said election as hereinbefore provided. The registration lists of white and colored voters shall be made out separately. Five days notice of the opening of said registration book shall be given by the clerk by posting same on the door of the courthouse in the city of Blue Ridge. List of voters. Registration for special elections. SEC. 71. Be it further enacted, That all executions in favor of the city of Blue Ridge for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the clerk and bear test in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city, and all and singular the sheriffs and constables of said State, and shall state for what issued and be made returnable to the mayor and councilmen of the city of Blue Ridge at least within ninety days after the issuing of the same; and it shall

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be the duty of the marshal or other collecting officer to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriffs sales of real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place and within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's and constables sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon. Whenever at any such sales for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale, shall make to the city of Blue Ridge a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and the marshal, or other officer making the sale shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except by a public sale to the highest bidder, in such manner as may be prescribed by the ordinances of the city of Blue Ridge. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of said

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clerk after being satisfied. All sales and conveyances made under executions as provided in this Section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Municipal claims, how enforced. SEC. 72. Be it further enacted, That said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State, and the procedure in such trials. Nothing in this Section shall operate to repeal the ordinances of the city of Blue Ridge now of force prescribing the from of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Accusations. SEC. 73. Be it further enacted, That said mayor and councilmen of the city of Blue Ridge shall have power and authority to acquire, on behalf of the city of Blue Ridge, by gift, purchase, lease or otherwise, grounds suitable for such park, or parks, as in their judgment may be to the interest and welfare of the citizens of said city. They shall have power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this Section. They shall have the right to draw on the ordinary expense fund of said city for said purpose. Parks. SEC. 74. Be it further enacted, That the mayor and councilmen of the city of Blue Ridge shall have power and authority to adopt and enforce ordinances for said city to protect shade trees on the streets and publicplaces in said city and to prevent the cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless same is done with the consent and

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under the direction of said mayor and councilmen, or some officer appointed to direct the same. Protection of trees. SEC. 75. Be it further enacted, That the mayor and councilmen of the city of Blue Ridge may require and compel all male persons between the ages of sixteen and fifty, subject to road duty under the laws of Georgia, to work upon the streets of said city not to exceed fifteen days in each year, at such time or times as the mayor and councilmen may require, or to pay a commutation tax in lieu thereof, not exceeding five dollars, in any one year, as said mayor and councilmen may determine by ordinance. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and councilmen may require, shall be deemed guilty of a violation of this Section, and on conviction in the mayor's court of said city, shall be fined in any sum not exceeding ten dollars, or imprisoned in the city prison or by labor on the chaingang of said city not exceeding twenty days. Said mayor and councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this Section. The street commutation tax as now fixed by ordinance shall remain of force until changed by ordinance of the mayor and councilmen, and the collection thereof enforced under the provisions of this Section. Street work and commutation tax. SEC. 76. Be it further enacted, That the issue of the bonds of the city of Blue Ridge in the sum of thirty thousand dollars authorized by a majority of two-thirds of the votes of said city at an election held in said city on the 23rd day of November, 1907, and confirmed and validated by George F. Gober, judge of the superior court of the Blue Ridge circuit, in which circuit the city of Blue Ridge is located, and as provided by law, on the 4th day of January, 1908, and sold to John H. Carter at par, for the purpose of providing and electric light plant,

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a system of waterworks and sewerage system for the city of Blue Ridge, are hereby declared to be, and are, confirmed as the bonds of the city of Blue Ridge, created by this Act, and have become the bonded debt of the city of Blue Ridge, created by this charter; and the mayor and councilmen of said city of Blue Ridge are hereby empowered and authorized to assess, levy and collect, annually, a tax on all the taxable property of said city, as other taxes are collected, to provide a sinking fund to pay off said bonds when they mature and come due, and the semi-annual interest thereon, in addition to the other taxes authorized by this Act. Bonds heretofore issued and sold. SEC. 77. Be it further enacted, That the mayor and councilmen of the city of Blue Ridge shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city, to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other Acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations, provided said laws, ordinances, rules and regulations are consistent with the laws of this State. General welfare. SEC. 78. Be it further enacted, That said mayor and councilmen shall have the power to control and regulate the running and operating of all locomotives, trains,

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street cars, and all vehicles for transportation of persons and freight; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes, and penalties and enforce the same for violation thereof. Regulations for locomotives, etc. SEC. 79. Be it further enacted, That the mayor and councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Vagrancy. SEC. 80. Be it further enacted, That in case the mayor, or any councilmen, while in office shall be guilty of malpractice and wilful neglect in office, or abuse of the power conferred on him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment of mayor and councilmen. SEC. 81. Be it further enacted, That it shall be the duty of the mayor and councilmen of said city to provide fire protection, and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and for providing any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this Section and the protection of property from fires. Fire protection. SEC. 82. Be it further enacted, That the mayor and councilmen of said city shall have power and authority to impose a tax on dogs within the said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city marshal and policemen of said city to kill any dog, or dogs, running at large in said city whose owners refuse to comply with such ordinances. Tax on dogs.

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SEC. 83. Be it further enacted, That nothing contained in this Act shall modify, change, alter or in any manner interfere with the Act of the General Assembly of Georgia establishing a public school system for the town of Blue Ridge, later the city of Blue Ridge, approved December 19th, 1899, and the Act amendatory thereof, which Act and the amendatory Act are hereby expressly confirmed and hereby expressly declared to be, and shall continue, in full force and effect. Public school system. SEC. 84. Be it further enacted, That authority to carry out and enforce and effectuate by ordinances, and to provide a penalty for violation of said ordinances, whenever in their discretion the mayor and councilmen may deem it necessary, and all further power granted to said city of Blue Ridge, as created by this Act, is hereby expressly conferred on the mayor and councilmen of said city now in office and their successors. Enforcement of ordinances. SEC. 85. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Blue Ridge, and the city of Blue Ridge, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with and at variance with this Act, are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Old charter and amendments confirmed. Approved August 6, 1908.

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BOWERSVILLE, TOWN OF, CHARTER AMENDED. No. 539. An Act to amend an Act entitled an Act to incorporate the town of Bowersville, in the county of Hart, approved September 4th, 1883, as amended by the Act of the General Assembly, approved September 16, 1891, and December 24, 1896, so as to authorize the mayor and aldermen of said town to levy and collect a town tax, not to exceed one and one-half per cent. on all taxable property in said town and to levy and collect an occupation tax; to increase and extend the corporate limits of said town to one mile from the center thereof; to authorize the mayor and aldermen to issue bonds pursuant to an election held for that purpose, for the purpose of building a school building or buildings and furnishing same; to authorize the mayor and aldermen of said town to establish and maintain a chaingang to which offenders convicted of violating the ordinances of said town may be sentenced and required to work out their sentences; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act that said Act described in said caption approved September 4, 1883, as amended by the Acts of the General Assembly, approved September 16, 1891 and December 24, 1896, by adding thereto the following words, to-wit: That the mayor and aldermen of said town of Bowersville shall have power to levy and collect a town tax not to exceed one and one-half per cent. on all taxable property in said town; and that said mayor and aldermen shall also have power to levy and collect an

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occupation tax, under such rules and regulations as they may adopt. Bowersville, power to tax. SEC. 2. Be it further enacted, That the corporate limits of the said town of Bowersville be and are hereby extended to a distance of one mile each way from the center of said town, to-wit: the center of the open public square. Corporate limits. SEC. 3. Be it further enacted, That the said mayor and aldermen are hereby empowered to issue bonds for such an amount and in such denominations as they may deem advisable, pursuant to an election that may be held for that purpose, which election the said mayor and aldermen are authorized to order; which bonds when issued may be sold or hypothecated, and the proceeds thereof used for the purpose of erecting and furnishing a school building or buildings in said town of Bowersville. School bonds. SEC. 4. Be it further enacted, That said mayor and aldermen are hereby empowered to establish and maintain a chaingang to which offenders convicted of violating the ordinances of said town may be sentenced and required to work out their sentences, under such rules and regulations as said municipal authorities may adopt. Chaingang. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. BRUNSWICK, CHARTER AMENDED. No. 460. An Act to amend an Act entitled an Act to consolidate and amend the several Acts incorporating the city of

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Brunswick, and for other purposes therein mentioned, approved August 27, A.D. 1872, and to amend the several Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That the mayor and aldermen of the city of Brunswick be and they are hereby authorized and empowered, by ordinance, to divide the city of Brunswick into four wards and by said ordinance define the limits of each of said wards so as to in their discretion and judgment, by said division, produce the best results to said city and its interest, and to secure representation from all parts of said city in the selection of aldermen, so that each ward shall be represented by a resident citizen of said ward. Brunswick, division into wards. SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That when said division of said city into wards has been so made and established, by ordinance duly enacted, the same may afterward be changed or modified as the population may warrant, by ordinance duly enacted; provided said ordinance so making said change or modification be ratified by the voters of the area, district or wards affected or to be affected by said change or modification, at the general election for city officers following the passage of said ordinance and by a special ballot, on which shall be printed the words For the OrdinanceAgainst the Ordinance, which said ballot shall be voted only by the qualified voters of the respective wards to be affected by said change or modification, and shall be voted separately from the other ballot cast for the election of city officers, and said ballot shall be deposited by the managers of the election in a special ballot box provided for, and the voter before voting said ballot shall strike therefrom either the words For the Ordinance or Against the Ordinance, as he may elect. Change of wards.

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When said city shall have been so divided into wards one alderman from each ward shall be elected at each annual election of aldermen held thereafter, and shall hold office as is now provided by law. No one shall be eligible to such office of alderman who has not been a bona fide resident of the ward as he is proposed to represent for a period of six months immediately preceding the election, in addition to the other requisite qualifications now provided by law. Aldermen. SEC. 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That the voting shall be as is now provided by the charter of said city as amended by the Act approved August 21, 1906, except as herein changed or modified, and the form of official ballot shall be as follows, to-wit: Elections. OFFICIAL BALLOT. FOR MAYOR. (Vote for One.) John Doe, Richard Roe, Etc. (Giving Candidates Names.) FOR ALDERMEN. First Ward. (Vote for One.) John Doe, Richard Roe, Etc. (Giving Candidates Names.) Second Ward. (Vote for One.) John Doe, Richard Roe, Etc. (Giving Candidates Names.)
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Third Ward. (Vote for One.) John Doe, Richard Roe, Etc. (Giving Candidates Names.) Fourth Ward. (Vote for One.) John Doe, Richard Roe, Etc. (Giving Candidates Names.) For: (Designating the special measure to be voted on.) Against: (Designating the special measure to be voted on.) Election.....190..... .....Manager. In the event there is no mayor or special measure to be voted for, their designation upon the official ballot may be dispensed with. And in event of a special election as provided in Section 2 of this bill, the ballot may be in such form as may be provided by the election superintendents. SEC. 4. Be it further enacted, That Section 12 of that certain Act amending the charter of the city of Brunswick, approved August 21, 1906, be amended by striking the following words from said Section 12, to-wit: shall hand him the ballot, and the manager shall, without opening or unfolding the same, number it in its order on the back thereof and, in the presence of the voter, deposit the ballot in the ballot box, and the voter shall retire from the voting room, and adding, in lieu thereof, the following, to-wit: shall, in the presence of the manager

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and without opening or unfolding the ballot, deposit the ballot in the ballot box designated and pointed out to him by the managers and, after so doing, shall retire from the voting room, so that when so amended said Section 12 shall read as follows: Section 12. Be it further enacted by the authority aforesaid, That when an elector desires to vote he shall approach the voting room or inclosure and announce his name to the election managers, and if he is a qualified elector shall be allowed to go behind the guard rail at the entrance provided for that purpose and there receive from the hands of the managers one of the official ballots, which must have thereon the name of the manager furnishing the ballot, written thereon at the time of furnishing said ballot by the manager furnishing the same and so written on said ballot that, when the same is folded, the name of the manager can be seen without unfolding said ballot, and the said voter after receiving the ballot must retire to a booth or compartment in which there is no other person, and there, with a pencil or pen and ink, cancel the name or names of each candidate for which he does not desire to vote; and in case of a special measure submitted to the people he shall by cancellation vote for or against said measure, as he may so desire. After preparing his ballot the voter shall, before leaving said booth or compartment, carefully fold the same so that the contents thereof can not be seen, and so that the name of the manager signing said ballot may be seen without disclosing the contents of the ballot. When the ballot has been thus prepared and folded the voter shall not unfold the same, but, after giving his name to the manager in charge of the ballot box, shall, in the presence of the managers and without opening or unfolding the ballot, deposit the ballot in the ballot box designated and pointed out to him by the managers, and, after so doing, shall retire from the voting room. Ballots, how cast. SEC. 5. Be it further enacted, That Section 16 of that certain Act amending the charter of the city of Brunswick,

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approved August 21, 1906, be amended by striking the following words from Section 16, to-wit: as each ballot is received, the number of the voter on the list shall be marked on his ballot before it is deposited in the box, so that when so amended said Section 16 shall read as follows: Section 16. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerks of elections to keep three lists of voters voting at the election, upon which list they must enter the names of all persons voting, and number them in the order of their voting. After the closing of the polls at any precinct the managers shall count the votes as now provided by law, and in so doing shall require the clerks to keep their tally sheets, and when the count is finished there must be a certificate signed by the managers stating the number of votes that each person voted for received, and each list of voters and each tally sheet must have placed thereon the signatures of the managers. Certificate of election. SEC. 6. Be it further enacted, That the streets, alleys, lanes, squares and parks of the city shall retain their present names and likewise the system of house numbering now in use, until such names or any of them or system of numbering shall be changed by an ordinance of said city duly passed and adopted but not to become operative until the same shall have been submitted to the qualified voters of said city at a general election for municipal officers, and it shall require a majority vote of those voting at such election favoring said ordinance before the same shall become a law, and such name or names or system of numbering be thereby changed. Names of streets, etc. In case of such election the official ballot shall have, in addition to the usual matter appearing thereon, the words: For the ordinance, (designating the measures to be voted on), Against the ordinance, (designating the measure to be voted on), and the voter shall strike

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therefrom as he may elect, so as to by said ballot express his choice. Ratification of ordinances. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. BUCHANAN, CITY OF, INCORPORATED. No. 560. An Act to repeal an Act entitled an Act to incorporate the town of Buchanan, in the county of Haralson, approved November 7th, 1889; to repeal the Act amending said Act, approved December 13th, 1902; to incorporate the city of Buchanan, in county of Haralson, State of Georgia; to define the corporate powers of said city; to define the corporate limits of said city; to provide for the election of mayor and councilmen for said city and fix their term of office; to provide for the retention of the present mayor and council of said city until the election of mayor and council under this charter; to define the qualifications of mayor and council; to provide for vacancies; to provide for the management of elections and qualification of voters; to prescribe the oath of mayor and councilmen and define the duties and powers of mayor and councilmen; to provide for mayor pro tem., marshal and other city officers, and define their duties and powers; to provide for salaries of mayor, councilmen and other officers of said city; to authorize the mayor and council to license and collect a special tax from all persons, firms or corporations, following or carrying on any trade, profession,

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business, calling or avocation in said city, and from any person, firm or corporation engaged in carrying on or offering to carry on any sort of trade, trick or device or show or anything akin thereto; to fully regulate and control all kinds of trades, business and calling; to provide for payment of license before engaging in such business, to provide penalties for the violation of such ordinances; to authorize the mayor and council to levy and collect the tax from the property in said city; to provide for the manner of assessment of an equalization of taxes on real and personal property in said city; to provide for the issuing of tax executions for taxes due the city and the sale of real and personal property under such executions; to provide for the forfeiture of recognizance; to provide for the enforcement of fines and forfeitures by judgment and execution; to provide for a board of tax assessors; to provide for laying out streets, alleys, sidewalks, drives, parks and other public grounds and maintain the same; to provide for the condemnation of property; to regulate and prohibit the sale of spirituous and intoxicating liquors, wines and beers or any character of intoxicating liquors, and to prescribe penalties for the violation of the same; to provide for the construction and maintenance of a system of waterworks and lighting plant and sewerage; to provide and regulate fire, sanitary and public protection; to prescribe the manner in which all city ordinances for the government of said city shall be enacted and provide penalties for the violation of the same; to define and prescribe the police powers and regulations of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved November 7th, 1899, entitled an Act to incorporate the town of Buchanan in the county of Haralson, and the Act entitled an Act

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to amend said Act, approved December 13th, 1902, to incorporate the city of Buchanan, be and the same are hereby repealed. Buchanan, town of, charter for repealed. SEC. 2. Be it further enacted, That the inhabitants of the territory hereinafter designated are made a body politic and corporate, under and by the name and style of the city of Buchanan, being hereby incorporated under said name, and under said name is hereby invested with all the rights, powers and privileges incident to municipal corporations; and said city may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make, enact and enforce through its mayor and council such ordinances, rules and regulations for the welfare and proper government of said city as its said officers may deem proper; buy, have, hold, receive or possess, or rent, lease, sell or convey such property, real or personal, as may be necessary or advisable, and do all such Acts and things not prohibited by law as may be necessary or advisable for the proper conduct and management of the affairs of said municipal corporation. Buchanan, city of, incorporated. SEC. 3. Be it further enacted, That the corporate limits of the city of Buchanan shall extend five-eights of one mile in every direction from the courthouse in said city. Corporate limits. SEC. 4. Be it further enacted, That the municipal government of said city shall be vested in a mayor and four councilmen, who shall constitute the city council, and who shall be elected and whose terms of office shall be as follows, to-wit: On the 1st Saturday in January, 1909 and annually thereafter on the same day, an election shall be held in said city for a mayor and four councilmen who shall hold their office for the term of one year, and until their successors are elected and qualified; provided, the present mayor and council of the city of Buchanan shall continue to serve as mayor and

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council of said city under this charter until their successors shall have been elected and qualified. Mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilmen who shall not be twenty-one years of age and have resided in said city for twelve months immediately preceding his election and be a qualified voter in election for members of the General Assembly of this State. Qualifications of mayor and councilmen. SEC. 6. Be it further enacted by the authority aforesaid, That if the office of mayor or councilman shall become vacant at any time more than sixty days previous to a regular election for mayor and councilmen, it shall be the duty of the mayor, or, in case of a vacancy in the office of mayor, the remaining councilmen, to order an election, to fill the office or offices so vacant, and if such office or offices shall become vacant in less than sixty days next before such regular election, then such vacant place or places shall be filled by appointment by the members of the council remaining. Vacancies. SEC. 7. Be it further enacted by the authority aforesaid, That all elections for municipal officers of said city, or for other purposes shall be under the supervision and conducted by the managers, who shall be freeholders of said city, and entitled to vote in the elections for officers thereof and before entering upon their duties shall subscribe to an oath to faithfully and impartially discharge the duties of such managers and truly declare the result of such election. Said managers shall keep two lists of voters and two tally-sheets, and at the conclusion of the count shall deposit the same together with the votes cast with the clerk of the council, and the certificate of such managers shall be sufficient authority to the person elected. Election managers. SEC. 8. Be it further enacted by the authority aforesaid, That every male citizen of said city, twenty-one

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years of age, who shall have been a resident of this State for twelve months next preceding said election, and three months within the corporate limits of said city, and shall have paid all taxes due by him to said city, and who is registered according to the laws and qualified to vote for members of the General Assembly of this State, shall be qualified to vote at any election held in said city for any purpose whatever. Voters. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council before entering upon the discharge of their duties, shall each take and subscribe an oath before some officer authorized to administer oaths to discharge faithfully the duties of their office, and this oath they shall also require to be taken by each person appointed by them. Oath of mayor and councilmen. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said city. It shall be his duty to preside at all meetings of the city council; to preserve order and decorum at all meetings of the council, whether regular or called, and to that end is hereby authorized to punish any person guilty of contempt before said council by imposing such penalty as may be authorized for violations of the municipal ordinances, and to require the marshal of said city to enforce the same as in other cases; to see that all laws, ordinances, rules, regulations and resolutions of said city or the council are faithfully and fully executed and enforced; to appoint and be an ex-officio member of all committees; to see that the officers of said city shall faithfully perform the duties required of them; to see that all municipal and State laws are enforced within the limits of said city; to carefully audit the finances of said city and see that all funds are properly accounted for, and that all revenues are properly collected; said mayor (together with the councilmen), shall make, or cause to be made, an annual statement and account under oath of the financial condition of said

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city, such account shall be a full and itemized statement of all moneys collected, when and from what source collected, of all amounts paid out, and when and on what account paid out, the sums due said city, and from what source due, the existing liabilities of said city and the balance on hand. This account shall be made and published on or before the 15th day of December in each year; it shall be the duty of the mayor to inspect the records and books of account of the officers of said city and see that they are properly and correctly kept; to require such reports made by such officers to the council as he may see proper; to see that order is maintained in said city, and that its property and effects are perserved. Said mayor shall exercise a general supervision and jurisdiction over the affairs of said city; he shall have authority to convene the council in extra session as frequently as he may deem proper; to exercise the function of a committing court; to appoint such special police officers as he may see fit, and to do such other acts and things as may be necessary and proper in the proper conduct of the affairs of said city as may be herein further authorized. Powers and duties of mayor. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor of said city shall have jurisdiction to try all persons charged with the violation of any law, rules, regulations and ordinances of said city, and to punish such persons when properly convicted by fine not to exceed one hundred dollars, or by imprisonment in the calaboose of said city or the common jail of Haralson county not to exceed sixty days, or to work at hard labor on the streets, alleys, or other public works of the said city as the mayor shall adjudge not to exceed sixty days, any one or all of said punishment may be inflicted in the discretion of the mayor or person acting as mayor in the trial of offenses. If within the discretion of the mayor or other person acting as mayor in the trial of offenses a fine shall be imposed as aforesaid, in case said fine is not paid the mayor or other person acting

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as such may sentence the offender to work upon the streets, alleys or other public works of said city not to exceed sixty days, or to be imprisoned in the calaboose of said city or the common jail of Haralson county not to exceed sixty days. If in the trial of any case before said mayor's court it shall appear that a State offense has been committed by the person being tried, it shall be the duty of the mayor to bind said person over to the State courts to answer for said offense. Said mayor shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used in evidence by punishing as for contempt, and to punish for contempt by imposing such penalties as the mayor or acting mayor may see fit, not to exceed the punishment authorized for the violation of municipal offenses. In the absence, disability or disqualification of the mayor, the mayor pro tem., and in his absence, disability or disqualification any member of the council designated by it shall have the right to preside in said court and exercise all the rights, powers and functions of the mayor therein. Mayor's court. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor of said city shall preside at all meetings of the council, but he shall have no vote except in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the council, and said mayor shall have five days after the meeting at which any ordinance, order or resolution was passed in which to file with the clerk of the council in writing his dissent thereto, which when filed shall have the effect to defeat such ordinance, order or resolution; but notwithstanding such veto, said council may by a vote of two-thirds of all the members of the council pass such ordinance, order or resolution, and in the absence of the mayor the veto may be exercised by the mayor pro tem. Mayor, vote and veto of. SEC. 13. Be it further enacted by the authority aforesaid, That it shall be the duty of the councilmen to faithfully

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and diligently discharge such duties as are usual to such office, to attend all regular and special meetings of the council; to faithfully and diligently look after the affairs of said city, and faithfully and attentively perform such services as they may be required to do by the mayor of said city on committees and otherwise. Duties of councilmen. SEC. 14. Be it further enacted by the authority aforesaid, That said city council shall have the right to elect a mayor pro tem. from their body, who in the absence, disqualification or disability of the mayor, shall have such authority as is herein vested in, and be required to perform such services as are herein required of the mayor. Mayor pro tem. SEC. 15. Be it further enacted by the authority aforesaid, That in the absence of both mayor and mayor pro tem., the members of the council shall appoint some member of their body to act in the stead of the mayor during such time, and said person shall have all the authority of the mayor during such time as he may be thus acting. Acting mayor. SEC. 16. Be it further enacted by the authority aforesaid, That said council shall be authorized to employ such police officers as they may see fit for the proper police protection of said city, which officers shall be known and designated as marshals, or marshals and deputy marshals as may be provided by said ordinance, and who shall be elected for such term not exceeding twelve months as the council may see fit, and who shall receive such compensation as may be fixed by the council, and who shall be directly responsible and accountable to the mayor of said city and subject to his orders; to elect a clerk and treasurer out of their number; to fix their duties. The council shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, who shall receive such compensation as may be fixed by the council, and who shall be subject to removal without notice, and to employ

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and appoint such other officers as may be hereinafter provided, or as the city council may see fit. Marshal and clerk. SEC. 17. Be it further enacted by the authority aforesaid, That the city council may in their discretion elect a city attorney, whose duty it shall be to draft such ordinances as may be required by the council, attend such meetings of the council as may be required to prosecute offenders before the mayor's court when requested by the mayor or directed by the council, and perform such other duties as may be required by the council, the compensation of such attorney to be such as may be fixed by the council. City attorney. SEC. 18. Be it further enacted by the authority aforesaid, That the city council shall have the right to fix such salaries for the mayor and councilmen as it shall see fit which salaries shall not be increased or diminished during their continuance in office. Salaries. SEC. 19. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right and authority to provide for and collect a special license tax from any person, firm or corporation, or agent thereof, engaged in carrying on either temporarily or permanently, or who shall offer to so carry on or engage in, any business, profession or calling of any kind or character within the corporate limits, or from any itinerant trader or peddler, or from any person engaged in carrying on, or offering to carry on, any sort of trade, tricks, or device or show or anything akin thereto within said city; said tax to fully regulate and control all kinds and characters of trade, business or callings carried on or engaged in within said city, to provide for said tax to be paid and said license procured before engaging in said business or calling, and to provide for a penalty as for the violation of municipal ordinances against any person, firm or corporation violating any such ordinance or ordinances and without doing business, carrying on any such trade or profession without complying

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with the provisions of this Section. Said council may in their discretion compel the payment of such license tax by execution, levy and sale, in the same manner as the general taxes are collected. Specific tax and license. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to levy and collect, by execution or other legal process, a tax upon all property, both real and personal, within the corporate limits of said city, and upon all banking and insurance and other capital employed therein, including all cash, notes, mortgages and other evidences of debt, held in said city; provided that the rate of tax hereby authorized shall not exceed one per cent. upon the assessed value of such property; provided further, said tax rate may be increased for any one year by two-thirds of the qualified voters of said city at an election to be held for that purpose voting for such increase. Ad valorem tax. SEC. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of said city, on or before the first day of February, 1909, and annually thereafter, on or by the first day of February, to appoint three upright, discreet and intelligent freeholders of said city to serve as a board of tax assessors for said city for the term of one year and hold until their successors are appointed and qualified; and if, from any cause, the place of any one or more of said board of assessors is made vacant, said mayor and council shall cause the same to be supplied by appointment as before provided; and before entering on the discharge of their duties, said board of assessors shall each take and subscribe an oath to faithfully and impartially report all real estate in said city subject to taxation, and assess the same at the reasonable and just value thereof. It shall be the duty of said assessors, between the first days of April and July of each years, to make out a complete list of all lots in said city, as shown by the plat thereof, all real estate in said city not divided into lots,

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and to assess for taxation each lot and parcel of land at its reasonable and just value. The lists so made out shall show the name of the owner, if known, and his residence, the number of the block and the number of the lot, if platted and numbered, if not, then such description given as is necessary to locate the property, opposite which description shall be set its value assessed by said board. It shall be the duty of all owners of taxable personal property and other subjects of taxation, as provided in this charter, to make, by themselves or agents, returns under oath to the tax assessors of said city, of all their personal property at its reasonable and just value. Such returns shall be made between the first days of April and July of each years; and if any person shall fail or refuse to make such returns by the first day of July in any year, the board of tax assessors shall assess the personal property of the person so failing to make returns at double the value of such property; and if any person shall make any returns of personal property which the assessors may deem incorrect, then said board of assessors shall assess such personal property and fix such value upon it as they may deem reasonable and just. If the owner of any real or personal property conceives that said assessors have placed too great a value on said property, such owner or his agent may appeal such assessment to the mayor and council of said city, who shall assess said property at its just and reasonable value, and the action of said mayor and council shall be final in the premises; and if any tax payer in said city shall think that said assessors have placed too low an estimate on any property therein, such person shall have the right to have such assessment revised by said mayor and council, whose action shall be final as aforesaid. The list of all real estate assessed as herein provided, shall be completed by said board of assessors, and returned by them to the mayor and council on or before the first day of August; and within fifteen days thereafter said mayor and council shall ascertain

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and declare the rate to be levied and collected from such assessments and returns, and the tax, so levied, shall be due and payable on the 15th day of October in the years for which they are levied; and when the taxes so levied are not paid before the 15th day of November in each year, the same shall be collected as follows: An execution shall be issued by the clerk of council, directed to the marshal of said city against the real and personal estate of such defaulter, and in case of any real estate the owner of which is unknown, against the said real property describing the same by number and location, which execution shall be levied by a marshal of said city, and after advertising the same once a week for four weeks in some newspaper published in said city, he shall sell the property so levied on before the door of the courthouse, in said city, on some regular sheriff's sale day, and within the legal hours of sheriff's sales, and the deed of said marshal shall be as effectual to pass the title to property thus sold as the deed of the owner, provided, that the property thus sold may be redeemed by the owner thereof within six months from such sale, upon such owner paying the purchaser the amount paid out by him in such purchase, together with twenty per cent. interest on the same; the mayor and council shall prescribe by ordinance the compensation of such assessors. Tax assessors. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right among other ways to enforce the collection of any debt or claim due said city for taxes, licenses, rents, impounding fees, bond forfeitures, fines, etc., or for any other claim or demand on account of any matter whatever, by execution, levy and sale, as prescribed in Section 21 of this Act. Claims of city, how collected. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to revoke at any time without notice any license that may

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have been issued by said city by prorating and returning the unearned portion of the fee charged. Revocation of license. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to require every male inhabitant of said city who is subject to road duty under the laws of the State to work such length of time on the streets of said city as said mayor and council shall by ordinance direct, or they may prescribe a commutation tax to be paid by such person in lieu of such work; and they shall have power to enforce obedience to their laws and ordinances, under this Section, by fine, imprisonment or work on the streets, as provided in Section 11 of this Act, and no tax paid in lieu of such work nor any money arising from fines and forfeitures for failure of persons to perform such work shall be used for any purpose except for the payment of work done or improvements put on the streets or sidewalks. Street work and commutation tax. SEC. 25. Be it further enacted by the authority aforesaid, That if, in the judgment of the mayor and council it shall become necessary at any time to open, widen, or in any manner alter any street, alley, sidewalk or other passways in said city, they shall have full power to order the same done by complying with the following rules: If the owner of the property to be affected by such alteration claims that he will be damaged thereby, and if such owner and said mayor and council shall be unable to agree as to the fact of such damage or the amount thereof, said mayor and council shall cause to be served on such owner, or his agent, notice of their intention to condemn such property, describing in such notice the property sought to be condemned, and state the quantity sought to be taken, and the purpose for which it is to be taken, which notice shall also state the time and place the proceedings to condemn such property will be had, which shall not be less than five, nor more than ten days from such time of service. It

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shall be the duty of said mayor and council to select one upright and intelligent freeholder of said city, and the owner of said property, or his agent, may select one such person, or if he shall fail or refuse to make such selection, then it shall be the duty of the justice of the peace of the militia district in which said city is situated to select some upright and intelligent citizen, freeholder as aforesaid, and it shall be the duty of the two persons selected in either way above named to select the third upright and intelligent citizen of said city, and it shall then be the duty of said three persons to inspect the property sought to be condemned, and to hear such evidence pertaining thereto as the parties may offer, taking into consideration the enhanced value, if any, on the property by reason of the opening, widening or altering of such streets, alleys, sidewalks, or other pathways, as the case may be, and from the decision of the said freeholders there may be an appeal by either party to the superior court of Haralson county under the same rules and regulations as govern appeals from the justice's courts to the superior courts. The mayor and council, upon payment or tender to the owner or his agent of any sum found by said arbitrators, shall have the right to proceed to open, widen said street, alley or sidewalk, notwithstanding any appeal by the owner of such premises. Condemnation, how made. SEC. 26. Be it further enacted by the authority aforesaid, That it shall not be lawful to sell, or permit the sale of spirituous, malt or intoxicating liquors, bitters, wines, beer, or any character of intoxicating liquors within the incorporate limits of said city; the mayor and council are hereby authorized to prohibit the sale, or to prohibit spirituous, malt or intoxicating liquors, wines, beer, or any character of intoxicating liquors, being kept for sale within the limits of said city, and the violation of any ordinance adopted by authority of this Section shall be punished as is prescribed in Section 11 of this Act. Liquors, sale of prohibited.

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SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Buchanan be, and they are hereby authorized in their discretion, to purchase, lease, construct, erect, equip, maintain and operate a system of waterworks in said city, together with the necessary sites, ways, structures, canals, reservoirs, etc., for conveying or containing water, and shall be authorized to lay pipes and conduits through said city and through the county of Haralson, to bore wells, erect dams for the purpose of obtaining water, and shall be authorized to lay pipes and conduits through it, shall have the right to use any stream or streams of water in said county which may be deemed necessary, appropriate or convenient for that purpose. And shall be authorized to condemn land anywhere in said county that may be necessary for the purpose of carrying out this Section. The condemnation proceedings to be conducted in the same manner as is now provided for condemning land by Sections 4657 to 4686 inclusive, of the Code of the State of Georgia, and shall be authorized to supply all persons in said city or contiguous thereto with water, and to make charges for the same, and generally shall be empowered to do all things as may be necessary, expedient or proper to carry into effect the purpose of this Section. Waterworks. SEC. 28. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Buchanan shall be and are empowered and authorized to purchase, lease, construct, equip, operate and maintain electric lighting or gas lighting system or systems, and plant or plants, or any other system of lighting that may be deemed advisable from time to time in said city, and to furnish light or electric power to any person or persons in said city and to make charges for the same, and generally shall be authorized to do and perform any and all things that may be necessary or proper to carry into effect the purposes of this Section. Lights.

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SEC. 29. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right and power to condemn and destroy at the expense of the owner in the manner provided for the abatement of nuisances any building within said city which may be dangerous to life, health or property, or that may be dangerous from a standpoint of fire or likely to cause the origin or spread of the same. Dangerous buildings. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to declare by ordinance what shall constitute a nuisance and provide for the abatement of the same. When any given thing has been declared by the mayor and council to constitute a nuisance the same may be abated by the order of the mayor and the person maintaining the same may be punished as provided for the violation of municipal offenses for every day that the same may be maintained after its abatement has been ordered. Nuisances. SEC. 31. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right and authority to provide such rules and regulations and to provide for the punishment of a violation of the same, as shall fully protect the health and sanitary conditions of said city; to require the removal of all garbage, filth, dirt, dead animals, weeds, undergrowth, and all and everything likely to cause sickness from any occupied or unoccupied lot or place. To cause to be made as often as they may see fit a thorough inspection of the premises of all citizens of said city; to regulate all sewers, drains, wells, ditches, privies, etc.; to prescribe such rules and regulations with respect thereto as it may see fit, and to provide for a penalty for a violation of the same; to take such action as may be necessary to put in a sanitary condition the premises of any citizen or unoccupied lot or place within said city and collect the costs of same by execution out of the owner of such lot, place or premises; to take such action as may be necessary

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to prevent the spread of contagious diseases, and to do all such acts and things as may be necessary for the perfect sanitary condition and protection of said city. Sanitation. SEC. 32. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshals of said city to arrest without warrant any person within the corporate limits of said city who at or before the times of said arrest has been guilty of violating any of the ordinances of said city, and to hold the persons arrested until trial in the calaboose of said city or such other place as may be by the mayor and council provided. Said marshals are likewise authorized to make arrests for State offenses to appear before the mayor's court, said bonds to be and under the same circumstances as the sheriff's of this State. Arrests. SEC. 33. Be it further enacted by the authority aforesaid, That the mayor and council shall provide by ordinance the manner in which bonds for the appearance of offenders against the ordinances may be forfeited and collected. Appearance bonds. SEC. 34. Be it further enacted by the authority aforesaid, That said mayor, and in his absence the mayor pro tem., shall be to all intents and purposes a justice of the peace so far as to enable them to issue warrants for offenses committed against the laws of this State within the corporate limits of said city, which warrants may be executed by any marshal, deputy marshal of said city, and to commit to the jail of Haralson county, or admit to bail such offenders for their appearance at the next term of the superior court of said county, and it shall be the duty of the jailor of said county to receive all persons so committed and safely keep them until discharged by due course of law. Mayor, ex-officio a justice of the peace. SEC. 35. Be it further enacted by the authority aforesaid, That the mayor and council shall have the rights and power to pass all such ordinances, by-laws, rules and regulations as may in their discretion be necessary

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to carry out and enforce the authority granted under this charter, and as they may think necessary for the good order, peace, health, prosperity, comfort and security of said city and the inhabitants thereof; to adopt such rules and regulations for the government of the city council and officers of said city as may be deemed advisable; to prohibit the commission of any character of disorderly conduct within said city; to regulate the speed and running of locomotives in said city; to provide against obstructions in or on the streets, sidewalks, alleys, lanes, etc., of said city, and to have full and complete control of all such streets, sidewalks, etc.; to prevent trash being thrown thereon or any class of merchandise or other thing or article being placed therein; to provide for the police officers or mayor of said city calling upon any citizen of said city to aid in the enforcement of the laws thereof, or in effecting an arrest therein, and provide for the punishment of any person failing or refusing to lend such aid; to regulate all classes and species of traffic and trade, shows, performances or what not within the corporate limits of said city; to regulate the speed of horses or other animals, as well as vehicles, bicycles, automobiles, or other means of locomotion; to prohibit the maintenance of any nuisance; to provide for the trial and punishment in the mayor's court of said city of persons engaged in gambling therein, and for keeping for the purpose of using for gambling or any other immoral or illegal purpose any cards, dice or any other instrument or device of any kind used for said purpose, or for the purpose of carrying on any game of chance or other scheme of any kind in the nature of gambling or immoral or illegal purposes; to suppress rowdy and disorderly houses, houses of ill-fame; to require all residents within said city to keep around their premises and places of business in a healthful, cleanly, sightly condition and free from trash; to take such action as may be necessary to prevent the introduction or spread of contagious diseases; to remove

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or cause to be removed all buildings, porches, steps, fences or other obstructions in the sidewalks or streets; to regulate and control all taverns and public houses, blacksmith shops, stores, chimneys, etc., in said city; to fill up or cause to be filled up all pits, cellars, wells or other excavations in said city; to provide for the issuance of summonses to parties to appear for trial before the mayor's court and punishment as for contempt for any such person failing to appear, and to provide for the issuance of all such other writs, processes, summons and subp[oelig]nas as they may see fit, with like penalties; to regulate all manner of sports and games engaged in within the limits of said city; to prescribe such rules and regulations with respect to engaging in any business or calling within said city and with respect to obtaining a special license as it may see fit; to prevent hogs, cattle, sheep, horses and other animals and fowls of all kinds from going at large in said city; to exercise all the rights, powers and privileges that may be exercised by any municipal government of this State under the general police power of such community, and to provide for the trial and punishment in the mayor's court of said city of persons violating any ordinance, rule or by-laws authorized by this charter by the infliction of the punishment hereinbefore authorized to be inflicted by said Mayor's court. General welfare. SEC. 36. Be it further enacted by the authority aforesaid, That mayor and council shall have the right and power to prevent cattle, horses, mules, hogs, goats, dogs or other animals from running at large in said city, or to prevent same from being tied, hitched, or fastened so as to in any manner obstruct any street, sidewalk or other public place in said city; to prohibit persons from permitting any horse, mule or other animal or animals hitched to any buggy, wagon or other vehicle to stand on any street, sidewalk or other public place in said city. To take up, impound and sell any animal running at large in violation of any ordinance of said city, and to

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provide such rules and regulations with respect to carrying into effect the provisions of this Section as the mayor and council may see proper. Animals impounded. SEC. 37. Be it further enacted by the authority aforesaid, That all legal debts, obligations, accounts and liabilities of whatever nature owing by the city of Buchanan at the date of the passage of this Act shall be owing by the city of Buchanan from and after the passage of this Act under this charter, and all debts of whatever kind or character due or owing to the city of Buchanan at the date of the passage of this Act shall be due and owing, and become the property of the city of Buchanan from and after the passage of this Act under this charter. Debts due to and by city. SEC. 38. Be it further enacted by the authority aforesaid, That if any person, after having been tried and convicted before the mayor or mayor pro tem. shall be dissatisfied with said judgment or conviction, such person shall have the right to certiorari the same to the superior court of Haralson county, under the same rules and regulations as given in cases of certiorari from the justices court to the superior court, except that in all cases of certiorari the party defendant shall pay the costs which have accrued and give a good and sufficient bond to be judged of such approval by the mayor or mayor pro tem., payable to said mayor and council, conditioned to pay such fine and costs as may have been adjudged against him, as well as all future costs in said case; and shall file with the clerk of the council, or if no clerk, with the mayor of said city, a bond payable to the city of Buchanan in amount and with surety acceptable to and approved by the clerk or mayor, as the case may be, conditioned for the personal appearance of the defendant to abide the final order, judgment or sentence of said mayor's court, or of the superior court, in said case; provided, if the defendant is unable from his poverty to give said bond, and will make the same to appear

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by affidavit, the judge of the superior court shall, in granting the writ of certiorari, order a supercedeas, but the defendant shall not be set at liberty without giving said last-mentioned bond; and provided, whenever any defendant who has been convicted in said mayor's court shall file said bond with the clerk or mayor, as the case may be, as hereinbefore provided, or a pauper affidavit, and shall also file an affidavit that he intends to apply for a writ of certiorari, this shall act as a supercedeas of the judgment rendered in said mayor's court for a period of ten days, but in the event said bond is not filed with the clerk or mayor, as the case may be, the defendant shall not be set at liberty. Certiorari by defendants after conviction. SEC. 39. 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. Approved August 17, 1908. BUCKHEAD, TOWN OF, NEW CHARTER. No. 445. An Act to create a new charter for the town of Buckhead, in the county of Morgan, and to reincorporate said town of Buckhead; and to declare and consolidate the rights and powers of said incorporation; to define the corporate limits of said town of Buckhead; to provide for a mayor and board of aldermen, and other officers of said town, and to prescribe the powers and duties, rights and liabilities of all officers of said town, and the manner of their election or appointment, and their removal from office; to provide for the retention of the present officers of said town of Buckhead in this charter; to provide that all laws and ordinances, rules

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and regulations of the said town of Buckhead, not in conflict with this Act, shall remain valid and enforceable as laws, ordinances, rules and regulations of the town of Buckhead, incorporated by this Act, until the same are repealed or amended by the mayor and aldermen of the town of Buckhead; to provide for streets and sidewalks, and all the working and paving of same; to authorize the mayor and aldermen to establish, maintain and operate a system of waterworks, electric lights and sewerage for said town; to hold an election on a day specified, as now provided by law, to determine the question of creating a debt against said town by the issuance of bonds; to provide for the sale of bonds for public improvements and for the erection of school buildings and for maintaining a public school; to provide for the assessment, levying and collection of an ad valorem tax upon all property, both real and personal, for general purposes, and for the purpose of paying the principal and interest on said bonds; to authorize and provide for granting license to and taxing all kinds of trades, business, professions, shows, exhibitions and entertainments; to provide for all matters of municipal concern, needs, requirements, and for other purposes. SECTION 1. Be it enacted by the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Buckhead, in the county of Morgan, which was incorporated by the superior court of Morgan county, Georgia, shall, from and after the passage of this Act, have and be known by the corporate name of the Town of Buckhead, and by that name be, and is hereby invested with all the rights, powers and privileges incident to municipal incorporations in this State, and the said town of Buckhead, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through its board of aldermen, who shall compose the town council, such ordinances, rules

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and regulations and resolutions for the transaction of its business, and the welfare and proper government of said town, as to said town council may seem best, and which shall be consistent with the laws of the State of Georgia, and said town of Buckhead shall be able by law, and is, hereby authorized and empowered to purchase, hold, rent, lease, sell, exchange, possess and retain in perpetuity or for any number of years, any estate or estates, real or personal, lands, tenements, hereditaments of all kind whatever, within or without the limits of said town, for corporate purposes. They shall have special powers in its corporate capacity to make all contracts which they deem necessary for the welfare of the town or its citizens; to assess values of property, levy and collect taxes thereon, and remove nuisances. They shall have full control and power over streets, lanes and alleys of the town, and to remove obstructions therefrom, as is generally exercised by and granted to municipal corporations and shall in general have all powers incident to corporations in this State, which are necessary and proper in order to regulate, make, maintain, and preserve the proper legal government of said town, and to declare what Act or thing shall be unlawful. Town of Buckhead incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Buckhead, as enacted by this Act, shall be as follows, to-wit: One-half mile in every direction from the town well, said well being near the present site of the Georgia Railroad depot. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the government of said town of Buckhead shall be vested in a town council composed of a mayor and four aldermen. The present mayor and councilmen of the corporation of the town of Buckhead shall continue in office until the expiration of the term for which they were elected and qualified; and they and their successors and associates shall have and execute all rights,

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powers and duties hereby conferred on the town council of the town of Buckhead, created by this Act; and all the ordinances, rules and regulations of the old corporation of the town of Buckhead, not repugnant to this charter, are continued in full force and effect until the same are repealed, annulled, amended or changed or modified by the town council of said town, and all officers, elected or appointed by the mayor or councilmen of the old corporation of the town of Buckhead shall continue to hold their offices and discharge the duties thereof until the expiration of the term for which they were elected or appointed, and until their successors are elected unless sooner suspended, removed or discharged by the town council of Buckhead. Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That the terms of the mayor of said town of Buckhead shall be one year and until his successor is elected and qualified, and that the first election for mayor under this charter shall be on the first Thursday in January, 1909, and annually thereafter on the first Thursday in January, and the term of each alderman of said town shall be for one year and until his successor is elected and qualified, and that the first election for aldermen shall be on the first Thursday in January, 1909, and annually thereafter on the first Thursday in January. A mayor pro tem. shall be elected from and by the board of aldermen. In the event a vacancy occurs in the office of mayor, mayor pro tem., or councilmen, by reason of resignation, removal from town, death or otherwise, the council shall have the power to fill said vacancy by selecting and electing some fit and proper person for same to fill the unexpired term. Terms of office. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That if for any reason there is a failure to hold the regular election for mayor and aldermen at the regular time provided for in this charter, on the first Thursday in January, it shall be the duty of the town council

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to order an election as soon as practicable thereafter by giving at least ten days notice of the same by publishing said notice once in a newspaper or by posting a written notice at three or more public places in said town, and such election shall be held and managed and results declared in the same manner as at a regular election, as provided for hereinafter. Elections. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or aldermen who is not a citizen of said town, and who shall not have resided in the State two years, and in the town twelve months immediately preceding his election, and who is not over twenty-one years of age, and a qualified voter in municipal elections for officers of said town, and entitled to register under the registration laws in force in this State. Qualifications of mayor and aldermen. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor of said town shall be its chief executive officer. He shall see that all laws, ordinances, rules and regulations of said town are faithfully executed, and all officers of said town faithfully execute the duties required of them. He shall have general supervision over the affairs of said town, shall preside at meetings of the town council, and at the police courts, and he shall have authority to convene the council in extra session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before the town council unless in the case of a tie. Powers of mayor. SEC. 8. Be it further enacted by the authority aforesaid, That during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall act as mayor, and in case of the sickness, absence or disqualification of the mayor pro tem., any one of the aldermen chosen by the town council shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties for the time being. Mayor pro tem.

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SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and three councilmen shall constitute a quorum for the transaction of any business before the town council at its regular meeting, and that the mayor and three councilmen shall constitute a quorum for the transaction of any business at a call meeting, and that a majority of the votes shall determine all questions and elections before the town council. Said town council shall hold regular meetings once in every month, and oftener if they think best, at stated times and at a stated place in said town, and shall hold such meetings as may be ordered by the mayor or in his absence or sickness by the mayor pro tem., for special purposes, or when requested to do so by a majority of the aldermen. All meetings of the town council shall be public, and the public shall be allowed at all times to witness their deliberations, except when town council resolves itself into executive session, when the public shall be excluded. Quorum and meetings of mayor and council. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and mayor pro tem. and each alderman, before entering upon the discharge of their respective duties, shall take and subscribe before an officer authorized to administer an oath in this State, an oath to faithfully and uprightly discharge the duties of their respective offices, and as in their judgment shall best promote the general welfare of the inhabitants of said town, and the common interest thereof, which oath shall be entered of record upon the minutes of council. Oath of mayor and aldermen. SEC. 11. Be it further enacted by the authority aforesaid, That every male citizen of the town of Buckhead, incorporated under this Act, twenty-one years of age, who shall have resided in this State one year next preceding the election, and who is a legally registered voter under the laws of this State as hereinafter provided, and who shall have paid all taxes that shall have been required of him, and which he may have had an opportunity to pay agreeable to law, and the payment of all fines,

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licenses and business taxes required of him by said town, shall be qualified to vote at any election held in the town of Buckhead for any purpose whatever. Voters. SEC. 12. Be it further enacted by the authority aforesaid, That the clerk of the board of aldermen of said town shall keep a book in which the voters of said town shall register their names and ages, or if the person who desires to register can not write his name, the clerk shall sign his name for him in said book, the person swearing and subscribing to the same as follows: I do solemnly swear that I am twenty-one years of age, or that I will be by the time of the election now next to be held in said town; I have resided in the State of Georgia twelve months, or will have resided in said State twelve months by the time of said election; I have paid all taxes, State and county and municipal, except for the present year, since the year 1877, and I am not otherwise disqualified to vote in said election. Registration of voters. SEC. 13. Be it further enacted by the authority aforesaid, That said clerk of said town council shall open said registration book thirty days before any election to be held in and for said town, and proceed to register the voters of said town as already provided, and shall keep said registration book open until ten days before the town election, when he shall close said book and allow no other person to register, and shall immediately file said book of registered voters with the registrars of said town hereinafter provided for, and said clerk shall write his certificate at the close of said list of registered voters, so registered, stating that same is a true and correct list of all voters registered by him, and that he has not allowed any one to register that was not in his opinion entitled to register and vote under the laws of said town in the election next to be held. Registration list. SEC. 14. Be it further enacted, That as soon as this Act shall become a law it shall be the duty of the mayor and aldermen of the said town at a regular meeting

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thereof, or at an adjourned meeting thereof, annually thereafter, to elect by ballot three registrars for said town. Said registrars shall be upright and intelligent freeholders of said town, who are entitled to register and vote in the next ensuing election to be held in said town, and so far as possible shall be non-partisan. No person acting as such registrars shall be a candidate for mayor or alderman or any office under them during the next ensuing term of office, and if at any time it shall appear that all the registrars are from one conflicting interest or party, then the said mayor and board of aldermen of said town shall at once remove one of said registrars and appoint a successor, so as to maintain a bipartisan board. Registrars. SEC. 15. Be it further enacted, That said registrars, before entering upon their duties, shall take and subscribe the following oath: I do solemnly swear or affirm, that I will faithfully discharge to the best of my ability, the duties imposed upon me by law as such registrars. Said oath shall be filed with the board of aldermen, and entered upon the book of minutes. As soon as the list of voters is turned over to the registrars by the clerk of the board of aldermen and as hereinbefore provided, said registrars shall appoint a time when they, in open session, in council chambers, will hear all complaints. When a complaint is made that any voter has registered that is not entitled by law to do so, he shall have three (3) days personal notice if in the town, or if not in the town, then five (5) days notice by leaving a copy at his residence, of the time and place of hearing, and of the grounds of challenge, and the registrars shall sit as a court to review said case, and may subp[oelig]na witnesses, hear evidence and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence and determine whether such applicants should be allowed to register. Said registrars may on their own motion review the list of voters turned over

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to them, but any voter to be affected must be notified and have an opportunity to be heard, as hereinbefore provided. All actions of the registrars in revising the list of voters must be in public in the council chamber. In making said registration list, and revising said work, the registrars shall examine the grounds of the disqualifications of voters, including criminal records, insolvent tax lists, tax digests, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no one off who is entitled to register and vote. Oath and duties of registrars. SEC. 16. Be it further enacted, That after such registrars have fully completed their work in revising the registration list, they shall carefully and plainly make, or cause to be made, two alphabetical lists, exactly the same, giving name, age, occupation, color and residence of each voter, and shall certify to the correctness of each list and date, and sign the same officially. They shall file one copy with the clerk of the board of aldermen for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside officially, and deliver to the clerk of the board of aldermen, to be by him kept unopened until the day of election, and then hand it to the managers of said election. Said registrars shall also at the same time turn back to the clerk of the board of aldermen the book of original entries of the persons registering and their oaths, and these shall remain in his office at all times, subject to the inspection of any party interested. Lists of registered voters. SEC. 17. Be it further enacted, That on the morning of any town election day the election managers, when organized, ready for receiving votes, shall receive said registration list from the board of aldermen, sealed as aforesaid, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. After said election, said registration shall be sealed up, distinctly marked and

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signed on the outside by the managers officially, and returned to the clerk of the board of aldermen for safe keeping. He shall keep the same without opening it. Election managers. SEC. 18. Be it further enacted, That any person who shall register illegally under this Act, or be guilty of a violation of any of the provisions of Section 625 of the Penal Code of Georgia of 1895, in registering under this Act, shall be guilty of a misdemeanor. Illegal registration, penalty for. SEC. 19. Be it further enacted, That should the clerk of the board of aldermen or the registrars wilfully refuse to permit any person to register who is entitled to register under this Act, or fail to enter the name of any such person upon the book to be kept for the purpose, or should illegally erase the name of any such person from such book, or the list to be prepared for holding such election, or shall wilfully enter the name of any person or persons on such list who are not entitled to register, then such clerk or registrars shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. Clerk and registrars. SEC. 20. Be it further enacted, That the mayor and aldermen of said town shall have power and authority to fix the compensation of registrars and to pay the same. Compensation of registrars. SEC. 21. Be it further enacted by the authority aforesaid, That all elections for mayor and aldermen, and elections on any question submitted to the voters of said town, shall be held at the town-hall, or at such other place as now or may be established by law or the ordinances of said town. All elections shall be held by three persons, who may be qualified to superintend and hold elections for the General Assembly of this State, and said election shall be held in the same manner and under the same regulations as are elections for members of the General Assembly, with this exception, that the polls shall open at nine o'clock a. m., and close at three o'clock

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p. m. In election for mayor and aldermen the superintendents shall deliver certificates to the persons whom they shall find to be elected to the office of mayor and aldermen. Elections, where and how held. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town are hereby authorized and empowered to elect for said town annually, and for a term of one year, unless sooner discharged, a clerk, treasurer, chief of police, and as many policemen as they think necessary, and, if they deem them necessary, may elect a board of health, sanitary inspector, chief of fire department, town physician, attorney, and tax assessors, and so many of said officers, and such other officers, including cemetery keeper, as they may deem necessary and proper, fix their salaries, require them to give bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines at their discretion, and all officers elected or appointed by said mayor and town council shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the town council, at any time they see fit to make such suspension, removal or dismissal, and no officer dismissed or removed shall be entitled to any salary whatever during suspension or after removal, no matter whether the time for which he has been elected or appointed has expired or not. The mayor and councilmen at their discretion may elect or appoint the same person to discharge the duties or more than one office; all such officers shall be elected at the first regular meeting held after the election of the new mayor and councilmen in January of each year, or so soon thereafter as possible. Officers of town. SEC. 23. Be it further enacted by the authority aforesaid, That the newly-elected mayor and aldermen shall take the oath and assume the duties of office on the first Tuesday in January, or so soon thereafter as possible. Oath of mayor and aldermen.

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SEC. 24. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk to collect and keep, subject to the direction of the town council, all moneys due and belonging to the town, except as hereinafter provided; to be the custodian of the books and records of the town; to preserve a minute of all the Acts and doings of each meeting of the town council; to be ex-officio clerk of the police court of said town, and to all and such other duties as are required of him by this Act, and which may be required of him from time to time by the ordinances, rules and regulations of the town council. Before entering upon the discharge of the duties of his office, he shall take before some officer authorized to administer oaths in this State, an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as shall be required of him by the town council, with good and sufficient security, to be approved by the mayor. He shall keep a separate and correct account of all the separate and distinct funds received and disbursed, so at all times to show the true condition of such funds. He shall also make general and special reports in the manner and at the time when called upon by the town council to do so. Duties of clerk. SEC. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of the treasurer to keep a set of books in which he shall make entries of all sums of money received, and of all the sums of money paid out by him, when, and to whom, and for what purpose, and shall give a receipt for all sums of money received by him and shall take a receipt for all sums of money paid out by him, which books and receipts shall at all times be open to the inspection of any citizens of said town, and all sums of money paid into the hands of the treasurer by the provisions of this Act shall be, and the same are, hereby directed to be a fund for the exclusive use of said town. The duties of the treasurer are such

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as are usually, or which may be, required of him by the ordinances of said town and this Section. Before entering upon his duties he shall take an oath before some officer authorized by law to administer oaths, to faithfully and honestly perform the duties of his office, and shall execute such bonds and in such sums as shall be required of him by the town council, with good and sufficient security, to be approved by the mayor. He shall also make general and special reports in the manner and at the time when called upon by the town council to do so. Duties of treasurer. SEC. 26. Be it further enacted by the authority aforesaid, That all other officers elected or appointed by the town council shall take such oath and give such bond as they may be required so to do, and also perform such duties as they may be required to do by the ordinances, rules and regulations of the town council, and to otherwise conform to all the requirements made by town council governing such officers. Oath and bond of officers. SEC. 27. Be it further enacted by the authority aforesaid, That the compensation or salaries of mayor and councilmen and all other officers, servants and employees of said town shall be such sum as the town council may fix; provided, however, that the mayor's salary shall not exceed one hundred dollars a year, and that of the aldermen shall not exceed the sum of twelve dollars each year, but the mayor and aldermen, and such other officers as they may designate, may in addition thereto be relieved of street tax and street duty. Salaries. SEC. 28. Be it further enacted by the authority aforesaid, That the said mayor and town council shall have the right and power in order to raise the necessary revenue with which to carry on the government of said town in the proper manner, to build sewers, procure water supplies, to establish and maintain a fire department, to make, open, grade, repair and keep the streets

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and bridges of said town in order, to properly police the same, to light the same; to pay salaries, cost, and expenses of the town officers and employes; to establish and maintain a fire department; to erect and maintain suitable buildings and offices, and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty, and property, the suppression of crime, the maintenance of law and order, payments of the debts of the town, for cemetery purposes, for hospital and charity institutions, for the care of the poor, for establishing necessary squares and parks, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for all such other purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health, and advantage of said town and of the citizens thereof, and for the natural improvement of said town, as may in their best judgment be necessary, and for all other purposes, in order to properly carry on the town government as herein indicated, and not forbidden by law, to levy and collect a street tax or capitation tax on all male inhabitants of the town subject under the law to pay such tax, also a tax not to exceed one per centum on all the property within the corporate limits of said town which is subject to State tax under the Constitution and laws of this State, and also to impose and collect such tax as they, the town council, may deem necessary upon all trades, business, callings, professions, sales, labor, and pursuits, which are the legal subjects of taxation, and may enforce payment of the same by license or direct tax in such manner as they may determine to be best and the most advantageous. They may also impose, assess, levy and collect taxes on capital invested in said town, on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuits of any profession, trade or calling, banks, express, insurance and other corporations, associations, agencies, and all other

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property and sources of profits as are not expressly prohibited or exempt by the laws of this State, or the United States; but all taxation of property shall be uniform on the same class of subjects, and ad valorem on all subjects to be fixed in said town. Each and every itinerant trader, irregular or occasional dealer, his or their agents or consignee, who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them, which is subject to be taxed by the ordinances of the town, immediately after the sale of the same, and to pay a sum in the discretion of the mayor and town council as a tax thereon, shall forfeit and pay a sum in the discretion of the mayor and town council as a tax thereon, shall forfeit and pay a sum in the discretion of the town council not exceeding one hundred dollars, for which execution may issue and be collected as other executions of said town are issued and collected. All persons subject to taxation, who shall refuse or neglect to render in his, her or their property, or pay the tax on same when required by the ordinances of said mayor and town council, may be proceeded against by having their property double taxed, and by execution, in the same manner and according to such rules and ordinances as may be adopted by said mayor and town council to enforce the collection of such taxes. Objects for which taxes may be laid. Capitation, ad valorem and specific taxes. SEC. 29. Be it enacted, That said mayor and town council shall have power and authority to widen, extend, or straighten any street, alley, laneway, or square in said town, and to open, lay out and establish any new street, alley, laneway, walk, or square, building or bridge, the same being done in accordance with resolutions or ordinances passed by said town council. After ten days' notice to the party at interest, said mayor and town council may cause all encroachments or obstruction of a permanent or temporary nature, or which, in the judgment of the said mayor and council, ought not to be allowed along or upon any street, alley, laneway,

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walk or square in said town, to be removed. And whenever such encroachments are along or upon such streets, alley, laneway, walk or square already laid out, then no compensation shall be made for the removal of the same. But whenever the mayor and town council shall exercise the power to widen, extend, or straighten a street, alley, lane, walk or square, and the compensation thereof can not be agreed upon between the said town and the owners of said property, there shall be appointed three arbitrators, one by the mayor and town council, one by the person owning the said property, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damage sustained by the owner or owners of said land or property over which said street, alley, lane, walk, or square shall pass, so widened, extended, straightened, open, laid out, or established, from which award an appeal can be taken to the superior court, should either party be dissatisfied with such award. A majority of the arbitrators can make the award. The submission shall be in writing, and the return shall be filed in the office of the clerk of the superior court of Morgan county within ten days after it is made, and the appeal can be entered within ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and the benefits the owner is to receive from the opening or otherwise changing said street. If the owner of such land refuses to act, or is a minor, or is insane, upon the facts being shown to the ordinary of Morgan county, he may appoint the arbitrator for such owner. The award, when so filed and not appealed from, shall be the judgment of the superior court of Morgan county, and execution may at once issue upon same for the amount thereof as other executions are issued. The entering of an appeal shall in no case hinder or delay the town in widening, extending, straightening, opening, laying out, or establishing such street, alley, lane, or square, as aforesaid,

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but the same may proceed from the time the award in such condemnation proceeding is filed in the office of the clerk of the superior court, but before the commencement of said tender shall be made of the amount of the award. In the event the town of Buckhead is not dissatisfied with said award, it shall pay to the clerk of the superior court the amount so found to be due by said arbitrators if the town is dissatisfied and the appeal is entered by it, it shall give bond with security for the amount adjudged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the town of Buckhead should fail or refuse to pay the amount of the award, and should proceed with the work, then the clerk shall upon the application of the owner, or ordinary when he is authorized to act, issue execution on said award, and proceedings thereon shall be the same as had in cases of judgments and executions in the superior court of Morgan county. But the town of Buckhead shall have the right, after said award is filed, to abandon its purpose of widening, extending, straightening, laying out, opening, or establishing said street, alley, alne, walk, or square, in the event the mayor and town council should consider that the sum found to be due would, in their judgment, make said lands so sought to be condemned too expensive to said town. But in such event said town shall pay all cost of said award. Streets, etc. Condemnation proceedings. SEC. 30. Be it further enacted, That the mayor and town council shall have full power and authority in their discretion to grade, pave, macadamize, drain, or otherwise improve the sidewalks of said town. In order to carry into effect the authority above delegated, the town council shall have power and authority to assess not more than one half of the cost of paving and otherwise improving the sidewalks on the real estate abutting on the side of the sidewalk so improved, and any railroad company having tracks running in and over and along

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and across the streets, lanes, walks, and squares of said town shall have to pave, macadamize, or otherwise improve said streets, lanes, alleys, walks, or squares of said town, also their roadbed and right-of-way in such ways and proportion as the town council may prescribe. Said town council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on real estate according to its frontage on the sidewalks, streets, lanes, walks and parks, either or all so improved, or according to the area or value of said property as may be determined by ordinance. For the amount of assessment on each piece of realty shall be a lien thereon from the date of the passage of the ordinance providing for the work, and making the assessment. The town council shall have full power and authority to enforce collections for the amount of any assessment so made for work upon the sidewalks, streets, lanes, parks and squares, by execution issued by the town clerk against the owner at the date of the ordinance making such assessment, which execution may be levied by the chief of police, marshal or other collecting officers, their deputies, on such real estate, after advertising and other proceeding, the same shall be sold to the highest bidder. Such sales shall vest absolute title in the purchaser. Said chief of police, marshal or other collecting officer shall have authority to eject occupant and put purchaser in possession; provided, the owner of said real estate shall have the right to file affidavit denying the whole or any part of amount for which execution was issued, and stating the amount which he admits to be due, which amount admitted to be due, together with all cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the superior court of Morgan county, and there tried and issues determined as in cases of illegality,

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subject to the penalties provided where the illegality is filed for delay. The town shall have the authority to pave and contract to pave the whole surface of the sidewalks, streets, and lanes, without giving any railroad company, street railway company, or other property holders abutting thereon, or occupant on the streets, lanes, alleys, the option of having the space to be paved by themselves or by contract at his or its own instance, the object being to prevent delay and securing uniformity. The lien for assessment on abutting property, and on railway or street railway companies, for sidewalk paving, street paving, curbing macadamizing, grading or draining, shall have rank and priority next in point of dignity to liens for taxes, such lien to date to the time of the ordinance authorizing the execution of the work done in each case. Said town council shall have power and authority to prescribe by ordinance and such other rules and regulations as they may in their discretion think necessary to grade, pave, drain, macadamize or curb the streets and sidewalks of said town; to enforce by execution the cost thereof against the adjacent property owner, railroad and street railway companies, and to provide how the agents and owners thereof shall be served. Assessments for street improvements. SEC. 31. Be it further enacted, That said town council shall have power and authority to grant franchises, easements and rights of way over, in, under, and on the public streets, lanes, alleys, sidewalks, parks, and other property of said town on such terms and conditions as such town council shall fix. Franchises. SEC. 32. Be it further enacted by the authority aforesaid, That said town council shall have full power and authority to establish a fee bill for the officers of said town not higher than the fees allowed the court officers, not lower than those allowed the justices of the peace and constables of this State. Said town council shall have power and authority in their discretion to allow

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said fees to the officers of said town or to place the same in the treasury of said town, and pay the officers a straight salary for their services. Fees of officers. SEC. 33. Be it further enacted, That the town council shall have authority to employ an expert accountant on accounts, to inspect the books of any officer or employee at any time they may see fit to do so, and to pay for the services of such accountant so employed such amounts as to them seem proper. Inspection of books of officers. SEC. 34. Be it further enacted, That all writs, processes, subpoenas, summonses, rules of all kinds, warrants, all executions of any and all kinds of taxes, licenses, fines, assessments, and forfeitures, or demands, made by the town or its corporate authorities against any person, firm, company, or corporation whatsoever, shall be issued and signed by the town clerk, and bear test in the name of the mayor thereof, except as otherwise specially provided for in this charter, and shall be directed to the policemen, marshals, and their deputies of said town, and to all and singular the sheriffs and constables of this State, and each and all of said officers are hereby authorized to execute the same. Processes, etc., how issued. SEC. 35. Be it further enacted, That the mayor and town council are hereby invested with powers to establish fire limits in said town and to prohibit the erection of any wooden buildings or structures as will, in the opinion of said mayor and town council, increase the fire risk in such part or parts of the town of Buckhead as they may designate as fire limits, and may change and enlarge fire limits when deemed necessary, and may exercise and use such supervision over the construction of the houses and materials used therein and the erection of awnings and sheds, of stove pipes, chimney flues, and other means of building as may be necessary to guard against conflagrations, and may require building or structure permits, which permits shall specify material to be used and the manner of its use in

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such erections or repairs of said buildings or structures. Said town council shall have supervision and control of all warehouses, cotton presses, cotton gins, cotton and lumber yards, and naval store yards, and other places in said town where materials of an inflammable nature are stored, and using of fire about cotton compresses, cotton gins, cotton warehouses, cotton yards, or other places where it is stored or placed or may be kept. Said mayor and town council shall have power and authority to remove any forge, smithshop, or the structure within the town, whenever in their discretion it shall be necessary for their protection against fire to be removed or remedied, as their prudence may dictate; and they may summarily declare such to be dangerous without notice to any one, and to remove the same instanter, and whenever it shall appear to them that unsound and unsafe houses, building, or structure of any sort, is dangerous to pedestrians or persons passing, or is endangering the health of said town, or any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it by resolution or ordinance, and may cause it to be torn down by the policemen or marshal of said town; and whenever in their opinion it is necessary to burn any property, clothing, or whatever else, to prevent the introduction or spread of infectious diseases, they may with the advice and help of the health officer and of the board of health, if there be such officers, and if not, then without such advice or counsel, do so instaner, and the policemen or marshals or such others as are directed, shall obey such orders and in all such cases they shall not be liable to answer therefor in any court having jurisdiction, except of gross neglect and extreme want of care, coupled with malice, and without any probable cause to suspect such actions were not for the public good, and every presumption shall be in favor of such Act having been lawful when done; provided, that whenever any property shall have been destroyed under the provisions of this Section,

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the town of Buckhead, in its corporate capacity, shall be liable to the owner thereof for the actual cost value thereof, but shall not be liable for any prospective profits or speculative damages in connection therewith. Fire limits. Protection of health. SEC. 36. Be it further enacted, That the mayor and town council shall have full power and authority to establish such a system of quarantine and to make such sanitary regulations within the limits of said town as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious diseases within said town; and that in order to more fully exercise this authority, said mayor and town council are hereby given quarantine jurisdiction over all the area embraced within the jurisdictional limits of the county of Morgan, in this State, and anywhere within these limits, either in said town or county, may establish, locate, and change at pleasure, either permanent or temporary quarantine grounds or pest houses, and may condemn and take lands and buildings and personal property in said limits for quarantine grounds, or quarantine purposes, either permanent or temporary; and condemnation shall be done in the same manner and by the same rules as is provided in Section 29 of this Act for condemning lands for streets, etc., and all the provisions of that Section for that purpose shall apply and be a provision for this purpose, from the election of arbitrators to the trial of appeal, and they may by ordinance or resolution put any part or the whole of said area under quarantine, and may arrest, detain, and, if need be, confine person from, or suspected to be from, any place or places suspected to be infected, and detain and confine any such person or persons from day to day as they may by ordinance see fit to declare and prescribe; they shall have power to stop, delay, board and search all trains, cars and vehicles or conveyances of every sort, public or private, entering said limits whenever, in their judgment, it may seem best and necessary,

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and may absolutely prohibit any such train or vehicle from entering said limits or persons coming within same. But such rigid quarantine shall not be laid and established except by the consent of the mayor and town council, and the board of health of said town, if there be such a board, but if there be no such board, then the town council shall have full power to establish such a quarantine by and with the health officer of said town. No State board that now is, or that may hereinafter be established, shall ever have power to molest, lessen, or otherwise interfere with said authorities in the matter of quarantine in the said limits, save only to see to it that they maintain in said area a quarantine not less strict than such State board of health may think best, and said town council shall have full authority to punish any violations of the quarantine rules and regulations of said town committed anywhere within said area, and said mayor and town council may by resolution adopt any resolution recommended by the town physician, health officer, board of health, and upon the same being posted one time in such manner as they may prescribe, and within twelve hours after its posting or publication become a binding ordinance upon all persons within said town, and within said area when it shall so recite. Quarantine and sanitation. State board of health. SEC. 37. Be it further enacted, That such mayor and town council shall have full power to adopt and enforce such ordinances, rules, and regulations as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, and undergrowth, and other offensive matter and material from any and all occupied and unoccupied lots and places within the said town limits, at the expense of the owners of said lots and places, who if they shall refuse or fail after written notice from the authorities aforesaid, to comply with the terms of the ordinance, rules, and regulations, shall be subject to such penalties as may be lawful to prescribe

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for the same. And such authority, upon the failure or refusal of such owner to do such work, may cause the same to be done, and issue execution as they may by ordinance direct and prescribe, against the property of such owner for the amount of such expense and cost; and the person returning such lot for town taxes shall be taken and deemed to be such owner, and said execution shall proceed in the same manner and be liable to the same defense as is prescribed in this Act, where executions are issued by the town for constructing, paving, or otherwise improving the streets and sidewalks of said town. Sanitary regulations. SEC. 38. Be it further enacted by the authority aforesaid, That the mayor and town council shall have power and authority to elect a health officer, sanitary inspector, and such other officers as they may think right and proper; and whose term of office shall be one year, or such time as town council shall prescribe, and whose duty and compensation shall be regulated by rules, regulations, and ordinances of said town council. Said mayor and town council shall also have power and authority at any regular or called meeting to elect a board of health, to consist of five members for such terms as town council may prescribe, and at such salaries as they may think proper. The members of said board of health shall be twenty-one years of age and over, bona fide residents of said town, and shall take and subscribe to such oaths and obligations as shall be prescribed and required of them by the said town council. Said town council shall declare, define and regulate by ordinance and resolution the duties and powers of said board of health, not inconsistent with the laws of the State of Georgia. Health officer, sanitary inspector and board of health. SEC. 39. Be it further enacted, That said mayor and town council shall have full power and authority to compel the removal to the typhoid fever and smallpox hospital, or any other contagious or infectious disease,

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and person who shall have typhoid fever, smallpox, or any of the said infectious or contagious diseases, in or near said town, and who do not provide their premises with sufficient disinfectants, treatments and guards to completely regulate and control and quarantine said premises, but even when the said premises on which the sick person may be sufficiently guarded, it shall be still in the judgment of the town council discretionary to assign all of sick persons to the hospital above declared. The mayor and town council shall have power and authority by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said town of Buckhead, and within one mile of the incorporate limits of said town, and for this purpose said town authorities are hereby given police jurisdiction over all the territory and over all the residents within said prescribed area, and upon all persons who may be working or sojourning in said town, whether they be permanent residents or not of said town. And said mayor and town council shall provide in said ordinances and regulations the time within which all persons, as above referred to, shall be vaccinated, and any person failing or refusing to be vaccinated within the time required in said ordinances, rules and regulations shall, upon conviction, be fined not more than one hundred dollars and cost, or imprisonment in the common jail, or such other place of confinement as the mayor and town council may direct. Hospitals. Vaccination. SEC. 40. Be it further enacted, That the mayor and town council shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the town of Buckhead, and that they shall have power and authority to provide by ordinance a penalty for the use of vulgar and obscene language, and to punish lewd or disorderly conduct within the limits of said town, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience, and good government of and for said town. The lewd and disorderly.

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SEC. 41. Be it further enacted, That the mayor and council shall not have power and authority to license or authorize persons to sell intoxicating whiskeys or liquors or beer whatever kind, by retail or otherwise; nor shall any person keep for sale within the limits of said town any such whiskey, brandies, beer or any other intoxicating or alcoholic drink, by whatsoever name or names the same may be called. Sale of liquors. SEC. 42. Be it further enacted, That the said mayor and town council shall have power and authority to compel all male persons (except such as are exempted under the law) within the corporate limits of said town, between the ages of sixteen and fifty years, to work on the public streets, squares, lanes, and alleys of said town not more than fifteen days each year. Said mayor and town council shall have power and authority to levy and collect a direct tax for each year, without giving the person subject to road duty the right to work on the streets, and to provide the time and amounts, when and how to be paid, or they may in their discretion permit the persons subject to road duty to work on the streets the number of days required of them, and may commute the services so required of them by the payment to the officers of said town authorized to receive and receipt for same such commutation tax as may be fixed by the town council; provided, however, that in no event, whether town council shall declare for a direct street tax, or for a commutation tax in lieu of working the streets shall the amount exceed the sum of five dollars a year. Street work and commutation tax. SEC. 43. Be it further enacted, That the said mayor and town council shall have power and authority to license and control all billiard tables, pool tables, or other tables of like kind or any other kind kept for public pay, tenpin alleys, or other like alleys, within the said town, and to remove the same whenever they become a nuisance; also to assess and collect a business

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license tax on all shows, circuses, exhibitions, and performances of any and all kinds; also to license, regulate and control all livery stables, drays, wagons, carts, and all pleasure vehicles of whatever kind within said town. Also to assess and collect a business tax upon each and every business connected in said town. And the mayor and town council shall have power and control over all public wells, pumps, and all waterworks, fire companies, and engines, within said town. Control of places of amusements. SEC. 44. Be it further enacted, That the mayor of said town shall have power and authority to hold a court at such time and place in said town as he or the town council may appoint for the trial of offenses committed against the by-laws, rules, regulations, and ordinances of said town, and for such violation to punish by fines not to exceed one hundred dollars, imprisonment in the guard-house of said town or the common jail of Morgan county, not to exceed thirty days' work on the chaingang, on the public work, on the streets, alleys, etc., not to exceed sixty days, and any or more of these punishments may be ordered, in the discretion of the mayor. The mayor of the town shall be ex-officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of said town. Said warrants may be served by the police or marshals of said town, or by any other officer authorized by law to make arrests, and acting under said warrants, said officers may arrest either within or without the limits of said town. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of the State have been violated by the person so charged, it shall be the duty of the mayor to commit said accused to the common jail of Morgan county to answer to the charge in any court of competent jurisdiction; provided, that if said offense is one bailable by justices of the peace, said mayor shall admit said accused to bail. If, in the examination or trial of any one accused under a charge of violation of any of

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the municipal ordinances there is reason to suspect the commission of a crime on his part, the mayor shall have authority to bind over or commit said accused for said penal offense. Mayor's court. SEC. 45. Be it further enacted, That the mayor and town council of Buckhead shall have full power and authority to organize one or more chaingangs, and to confine therein persons who have been sentenced by the police courts of said town to work upon the streets, or who have not paid their street tax, and they shall have power to make all rules and regulations that may be suitable, usual, or necessary for the government and control of such work gangs, and to enforce the same through its proper officers. Chaingangs. SEC. 46. Be it further enacted, That any person convicted before the police court may enter an appeal from the judgment of said court to the town council; provided, the appeal be entered in two days after the judgment complained of is pronounced. The town council shall hear and determine said case so appealed at its next regular term thereafter, and shall investigate the case de novo. Appeals by defendants after conviction. SEC. 47. Be it further enacted, That the police court shall have power and authority to preserve order during the sessions of its court, compel the attendance of its witnesses, and to punish for contempt by imprisonment not to exceed five days in the common jail, or other place of confinement in said town, or by a fine not to exceed ten dollars, and it is further provided, that the town council shall have the same right to punish for contempt when in regular or called session, as the police court; provided, the punishment for such contempt shall not exceed that of the said police court. Contempt. SEC. 48. Be it further enacted, That should the mayor or any member of the town council be guilty of

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malpractice in office, willful neglect of duty, gross or willful abuse of powers entrusted to them, or for any reason become incompetent or unfit to fill such office, in the judgment of any three members of the council, then, and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of the council jointly to bring a rule against such offending officer, setting up the charge against him before the judge of the superior court of Morgan county, who shall issue a rule nisi thereupon requiring the said offending officer named therein to appear and show cause before him, at such time and place as he may therein designate, and require the same to be served upon the officer by handing him a petition and a rule nisi in person or by leaving a copy at his most notorious place of abode at least three days before the hearing, and the said judge of the superior court is hereby granted power and authority to hear testimony and pass upon said rule, and may in his judgment remove the officer therein charged and declare the office vacant, and his judgment shall be final. Malpractice of mayor or member of council. SEC. 49. Be it further enacted, That the mayor and town council shall have power and authority to prevent cattle, horses, mules, goats, hogs, dogs, or other animals, from going at large in said town, and to pass and enforce all rules, regulations and ordinances which they may deem necessary and proper for the regulation, control, and prevention of all such animals in said town running at large, and they shall have the authority to have any dog running at large without a badge killed. Animals not to run at large. SEC. 50. Be it further enacted, That all executions issued by the clerk of council of Buckhead shall be directed to the policemen and marshal of said town, and to all and singular the sheriffs and constables of this State, and shall state for what issued, and shall be made returnable to the clerk aforesaid ninety days after the

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issuing of the same, and it shall be the duty of the police, marshal, or other collecting officer, to advertise the sale of such real estate or personal property as may have been levied by him to satisfy said execution in the same manner respectively as the sheriff's sales of real property or constable's sales of personal property are required by law to be made, all of said sales to be made at the place and within the usual hours of sale of the sheriff's and constables, and to be made under the same rules and regulations as govern sheriff's and constable's sales of similar property to that time, place and manner of sale of property, both real and personal for taxes due shall be the same as provided by law for sales under execution for State and county taxes. Whenever any land is sold the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount therefor with ten per cent. premium thereon. Whenever at any such sales for taxes due no one present shall bid for the property put up for sale as much as the amount of such execution for taxes and all cost, and after such property shall have been cried a reasonable time, the duly appointed or authorized agent of the town of Buckhead may bid off such property for the town, and the marshal or other officer making the sale shall make the town of Buckhead a deed to the property so sold and deliver the same, and the titles thus acquired by the town shall be perfect and valid after the period provided for the owner shall have expired, and the marshal or other officer making the sale shall put the town in possession, and the mayor and town council shall have no right to divert or alienate the title of the town to the property so purchased, except by a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the town. The clerk shall enter on his execution docket all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder. Said executions shall also be returned to the office of the clerk after being satisfied. When affidavits

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of illegality or claims are interposed, then all the papers shall by the clerk be transmitted to the clerk of the county court in all matters and things of which the court has jurisdiction. All other illegalities and claims shall be returned to the clerk of the superior court, unless the amount involved shall be less than fifty dollars, when same shall be returned to the justices court of the 279th District G. M. of Morgan county. In case affidavit of illegality or claim filed, the usual or necessary bond shall be given by the party filing or tendering said illegality or claim. The lien of tax executions in favor of the town of Buckhead shall have priority on property within the corporate limits of the town over all other executions and judgments except those for State and county taxes. Executions, how issued and enforced. Affidavits of illegality and claims. SEC. 51. Be it further enacted, That whenever a person is arrested under the provisions of authority of this Act or under ordinance passed by authority of the same, it shall be lawful for him to enter into a good and sufficient bond to be approved by the arresting officer, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard and shall be payable to the mayor and town council, which bond shall be forfeited on the non-appearance of the defendant in the same manner in the mayor's court as penal bonds are forfeited in the county or superior courts of this State, and said mayor is hereby empowered to issue scire facias returnable before him in not less than seven days nor more than thirty days, when any defendant shall fail to appear in terms of his bond upon the return thereof, judgment against the defendant and his securities shall be entered as in State courts, and the sales of all property levied shall be conducted, advertised and made as sales of property under other executions issued by said town, and such judgments and executions shall be a lien on all property of principal and securities equal in dignity to the judgments and executions of the several

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courts of this State, and superior in dignity to all the judgments in said State rendered after the date of such judgment of forfeiture. Appearance bonds. SEC. 52. Be it further enacted, That from and after the passage of this Act, the mayor and council of Buckhead are hereby authorized and empowered to submit to the qualified voters under the provisions of the Code of Georgia of 1895, Sections 377 to 381, both inclusive, and other Sections of said Code and Acts amendatory thereof relating thereto, except that said election shall be published in the town paper, the question of issuing bonds in a sum not to exceed twenty-five thousand dollars ($25,000), and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights, a system of waterworks, or a system of waterworks and sewerage, one or all systems for said town of Buckhead, and at said election the ballot shall be written or printed For electric lights and bonds or Against electric lights and bonds, For waterworks and bonds or Against waterworks and bonds, For waterworks, sewerage and bonds or Against waterworks, sewerage and bonds, as the case may be, according to whether the question submitted as bonds for electric lights, waterworks, or waterworks, sewerage and bonds, or all, the town having the right, it is hereby enacted, to call an election or elections to vote upon the question of establishing, building, maintaining, and operating plants for either the lights, waterworks, or waterworks and sewerage, or for all, as may be deemed most advisable by the mayor and the town council. Bonds for lights, water and sewerage, elections for. ( a ). Should said election or elections herein provided for result in favor of electric lights, waterworks or waterworks and sewerage or all, as the case may be, then the mayor and town council of Buckhead shall be, and are hereby authorized to issue said bonds for said purposes in the sum not to exceed twenty-five thousand dollars in the aggregate, each of said bonds to be in such sums as said mayor and town council may determine,

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said bonds to be paid in twenty years from date of issue, but the interest on said bonds to be paid annually. Bonds, how issued. ( b ). Said bonds to be officially signed by the mayor and clerk of Buckhead under its corporate seal, shall be sold, hypothecated or disposed of to the very best advantage of said town of Buckhead, as may be determined by the mayor and council of the town of Buckhead. The proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operating either a system of electric lights, waterworks, or waterworks and sewerage, or all, as the case may be, for said town. Sale and proceeds of bonds. ( c ). The mayor and town council shall have full power and authority to make any and all rules, regulations, and ordinances, relative to said electric lights, waterworks, or waterworks and sewerage, and the use of same by the citizens of said town that they may deem right and proper, not in conflict with the laws of this State. Use of lights and water. ( d. ) Said mayor and town council are hereby authorized and empowered to charge the citizens of said town such sum as the said mayor and town council may deem just and proper for the use of said lights, waterworks and sewerage. Charges therefor. ( e ). The mayor and town council are hereby authorized annually to assess, levy and collect a tax on all the property, both real and personal, within the corporate limits of said town, in such sum as they may deem necessary, right and proper for the specific purpose of paying the interest on said bonds and accumulating a sinking fund for the payment of the principal of the said bonds on their maturity, the said tax so levied and collected to be kept separate and distinct from all other taxes and shall be used solely for the payment of interest and principal on said bonds aforesaid. Interest on bonds and sinking fund. ( f ). The principal of said bonds when they shall be come due and the coupons of interest warrants on the same shall be reecivable by the town of Buckhead in

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payment of all dues to said town, and said bond shall not be taxable, directly or indirectly, by the town of Buckhead. Bonds and coupons receivable for dues, and nontaxable. ( g ). Be it further enacted, That if the election herein provided for either electric lights, waterworks, or waterworks and sewerage, or all, should be against the issuing bonds for either or all systems, or should be a failure to give the notice and make the application for confirmation and validation of said bonds as provided in Sections 1 to 9 of the Act of the Georgia Legislature, approved December 6, 1897, providing for the validation and confirmation of all bonds for counties, municipalities, and other divisions, then, in that or either event, the mayor and town council of Buckhead may, at their own instance, and shall, at the application of any fifteen freeholders of said town, at any time hereafter, order another election under the provisions of this Act; provided, only, that such election shall not be held oftener than once in every six months; and provided further, that said mayor and town council shall call an election only for lights, waterworks, or waterworks and sewerage, and the same shall be for the issuing of bonds for that purpose, that they may still call another election at such time as they may deem proper to vote to establish the other systems; provided, that the aggregate amounts of all bonds shall not exceed the amount of twenty-five thousand dollars, the amount herein provided for. Other elections. SEC. 53. Be it further enacted by the authority aforesaid, That all provisions of the present charter, incorporating the town of Buckhead, and now constituting the present charter of said town, which are at variance and in conflict with this Act are expressly repealed, and that the provisions of this Act shall become operative September 1st, 1908, when the same is passed by the General Assembly and approved by the Governor of the State of Georgia. And be it further enacted, That all

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laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. This charter effective Sept. 1, 1908. Approved August 17, 1908. BUSHNELL, TOWN OF, CHARTER REPEALED. No. 540. An Act to repeal an Act entitled An Act to establish a charter for the town of Bushnell, located in Coffee county, Georgia; to establish and define the corporate limits thereof; to provide for the election of officers, and to prescribe their powers and duties; to confer the power and authority to issue bonds; to condemn and take private property for public purposes; and provide for all matters of municipal concern and cognizance, and for other purposes, and to provide when the same shall become effective. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that an Act to establish a charter for the town of Bushnell, Georgia, located in Coffee county, to establish and define the corporate limits thereof; to provide for the election of officers, and to prescribe their powers and duties; to confer the power and authority to issue bonds; to condemn and take private property for public purposes, and to provide for all matters of municipal concern and cognizance, and for other purposes, approved August 22, 1907, be, and the same is, hereby repealed. Bushnell, town of, charter repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved August 17, 1908.

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BYRONVILLE, TOWN OF, CHARTER AMENDED. No. 509. An Act to authorize the mayor and council of the town of Byronville to issue bonds to the amount of $5,000 for the purpose of building and equipping a public school building in said town of Byronville, and in the sum of $7,500 for the purpose of building and equipping an electric light plant and waterworks system in said town of Byronville; to provide for the payment of the principal and interest of said bonds, to provide for the ratification of the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the town of Byronville be, and they are, hereby authorized to issue and sell bonds of the said town of Byronville to the amount of five thousand ($5,000) dollars, of such denomination, and to become due and payable at such time or times, not exceeding thirty years after date of the issue thereof, as said mayor and city council of the town of Byronville may determine; said bonds to bear not exceeding six per centum per annum, and to be issued and sold for the purpose of building and equipping a public school building in said town of Byronville, and for no other purpose. Byronville, school bonds. SEC. 2. Be it further enacted by the authority aforesaid, That the said mayor and city council of the town of Byronville be, and they are, hereby authorized to issue and sell bonds of the said town of Byronville to the amount of seven thousand, five hundred ($7,500) dollars, of such denomination, and to become due and payable at such time or times, not exceeding thirty years after date of the issue thereof, as said mayor and city

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council of the town of Byronville may determine; said bonds to bear not exceeding six per centum per annum, and to be issued and sold for the purpose of building and equipping an electric light plant and waterworks system in and for said town of Byronville, and for no other purpose. Bonds for electric lights and waterworks. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and city council of the said town of Byronville be, and they are, hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property in said town of Byronville, to pay the principal and interest of said bonds as they shall become due. Tax to pay bonds and interest. SEC. 4. Be it further enacted by the authority aforesaid, That upon the passage of this Act and before it shall become effective and operative, the mayor and city council of the town of Byronville shall comply in all respects with the general laws of this State, as embodied in Sections 377, 378 and 379 of Volume I of the Code of 1895, and if said issue, herein authorized, is ratified by a two-thirds vote of the qualified and registered voters of the town of Byronville, as provided in Section 5 of an Act to incorporate the town of Byronville, approved August 19th, 1905, then it shall be the duty of the mayor and city council of the town of Byronville to issue, sell and appropriate the proceeds of said bonds as provided by this Act. Ratification of voters. SEC. 5. 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. Approved August 17, 1908.

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CALHOUN, TOWN OF, SALE OF A PART OF THE JOHN P. KING PARK. No. 402. An Act to authorize and empower the mayor and aldermen of the town of Calhoun, in Gordon county, Georgia, to sell and make deed to all of that part of the John P. King Park located in Calhoun and north of a certain ditch, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the mayor, W. L. Hines, and aldermen, C. W. Watts, W. S. King, D. F. White, J. B. Gordon, and their successors in office, are authorized and empowered to sell and convey by title deeds, all of that part of the John P. King Park, in the town of Calhoun, bounded as follows: On the north by Oothealooga (or Mill) street; thence south about three hundred feet to a ditch, near the Gordon county fair grounds; thence east along the said ditch running through said park. Calhoun to sell part of John P. King Park. SEC. 2. 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. Approved August 14, 1908.

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CALHOUN, TOWN OF, SALE OF A PART OF THE TOWN COMMONS. No. 351. An Act to authorize and empower the mayor and aldermen of the town of Calhoun in the county of Gordon to convey to G. L. Gardner, a parcel of the town commons. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the mayor, W. L. Hines and the aldermen, C. W. Watts, W. S. King, D. F. White and J. B. Gordon are authorized and empowered to convey by title deed to George L. Gardner, a portion of the town commons, now known as the Jno. P. King Park, in the town of Calhoun located in the northwest corner of said park and fronting one hundred feet north on Mill street and running south on the west line two hundred and ninety-five feet to a big ditch, thence east one hundred feet, thence north two hundred and ninety-five feet to Mill street, thence west one hundred feet along said Mill street to the northwest corner of said park. Calhoun to sell part of town commons. 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. Approved August 6, 1908.

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CARROLLTON, CORPORATE LIMITS EXTENDED. An Act to extend the corporate limits of the city of Carrollton, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the corporate limits of the city of Carrollton, in the county of Carroll, be and the same are hereby extended one mile in every direction from the center of the public square in said city, where the old courthouse formerly stood. Carrollton, corporate limits. 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. Approved August 18, 1908. CEDAR GROVE, TOWN OF, INCORPORATED. No. 505. An Act to incorporate the town of Cedar Grove in the county of Laurens, State of Georgia, to define its corporate limits, declare its powers; to provide for the establishment, maintenance and operation of a public school system for said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the town of Cedar Grove, in the county of Laurens, State of Georgia, is hereby incorporated as a town, under the name and style of the town of Cedar Grove. Cedar Grove incorporated.

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SEC. 2. Be it further enacted, That the corporate limits of said town shall include and consist of the following lots of land situated in the 12th land district of Laurens county, State of Georgia, to-wit: Lots 125, 126, 127, 128, 113, 114, 115, 116, 95, 96, 97, 98, 83, 84, 85, 86, 65, 66, 67, 68, 53, 54, 55 and 56; power being hereby given to the corporate authorities of said town to alter, modify and change the boundaries of said town, provided, that two-thirds majority of the voters residing in the affected territory shall vote for such change. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the town of Cedar Grove, and by that name shall be capable of suing and being sued in any court, plead and be impleaded, make contracts, purchase and hold property, both real and personal, dispose of the same, and do such other acts as municipalities are generally allowed to do under the law. Mayor and councilmen. SEC. 4. Be it further enacted, That John P. Harrell, be, and he is hereby appointed mayor, and James Purvis, J. T. Parish, W. E. Kinchin, J. Y. Hill and S. Harrelson be, and they are, hereby appointed councilmen of said town of Cedar Grove, to hold office until the next and first annual election, as hereinafter provided for, and until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 5. Be it further enacted, That on the first Saturday in January, 1909, and on the same day in each year thereafter, an election shall be held in the council chamber of said town for a mayor and five councilmen thereof, who shall hold their offices for one year from said day, and until their successors are elected and qualified, all persons being eligible to hold said offices who are qualified at the time to vote for members of

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the General Assembly of this State, and who have resided in said town for six months immediately preceding said election. All persons residing within the incorporate limits of said town, and who have resided there bona fide thirty days immediately preceding said election, and who have paid all taxes due said town, and who are qualified to vote for members of the General Assembly of the State of Georgia can vote at any election in said town. Such elections shall be held and conducted by any three freeholders residing in the corporate limits of said town, and the certificate of the managers shall authorize the persons so elected to enter upon the discharge of the duties of said offices, the returns of said election being made to the mayor and councilmen of said town. In the event of a vacancy for any cause occurring in said offices the same shall be filled, as to the mayor, by the board of councilmen selecting one of their number to fill the unexpired term; and as to the councilmen, by the selection of some fit and proper person of the town, eligible under provisions of this Act, by the mayor and remaining councilmen. On any question coming before the mayor and council of said town, the mayor, who shall be the presiding officer, shall have no vote except in cases of a tie, when he shall then cast the deciding vote. Mayor and councilmen, election of. Vacancies. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties the mayor and councilmen shall take an oath to faithfully discharge their duties, respectively, to the best of their ability and understanding, which said oath may be taken before any officer of this State authorized to administer oaths, or the mayor may take and subscribe the same before a member of the council, and the members of council may do likewise before the mayor, which said oaths shall be recorded in the minutes of said town by the clerk of the council. Said mayor and council shall at their first meeting, select from the members of council

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a clerk, who shall keep a minute and record of all meetings and proceedings taken by council, which minutes shall show all meetings and proceedings of each meeting, and shall be signed by the mayor and clerk, or by the mayor pro tem., in the absence of the mayor, at the close of each council meeting. Oath of mayor and councilmen. Clerk of council. SEC. 7. Be it further enacted, That the said mayor and councilmen shall have power and authority to elect such marshals, clerks, treasurer, and other officers as they may deem necessary to properly carry on the affairs of said town, prescribe the duties and fix the compensation of such officials, and require bonds therefrom, make and pass all ordinances and by-laws, rules and regulations which they may deem necessary for the good order, peace, health and government of said town, and provide for the enforcement of the powers herein provided and granted, have exclusive jurisdiction over the streets, alleys, sidewalks, drives, parks and other public property of said town, keeping the same in good order, and removing all obstructions of the same at the expense of the person or persons obstructing, or causing to be obstructed, the same; to do all things whatsoever, not violative of the laws of Georgia, which may be incident to municipal corporations. Powers of mayor and council. SEC. 8. Be it further enacted, That said mayor and council of said town shall have power to enforce its ordinances, rules and regulations by fine not exceeding fifty dollars, or imprisonment not exceeding thirty days, or, upon failure to pay any fine within the time prescribed by the said officials or the mayor, the offender may be sentenced to work upon the streets of said town or at such other works as the mayor may direct, not exceeding thirty days. Punitive powers. SEC. 9. Be it further enacted, That the mayor and council of said town shall have power and authority to elect a mayor pro tem., from the members of council,

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who shall discharge the duties of mayor during the absence of the mayor or inability of the mayor from sickness or otherwise to perform the duties of mayor; and the mayor and the mayor pro tem., shall be by virtue of their offices justices of the peace as to criminal matters, with power to issue warrants and commit for trial, compel the attendance of witnesses, hold examination, courts of inquiry, admit to bail, or commit to jail in default thereof. Mayor pro tem. Mayor, ex-officio, a justice of the peace. SEC. 10. Be it further enacted, That it shall be the duty of the marshal of said town when he knows, or has information that any of the ordinances of said town have been violated, or are being violated, to go before the mayor or the mayor pro tem., in the absence of the mayor, and make affidavit to the best of his information and belief that the ordinances, or some one of them have been or are being violated, and it shall be the duty of the mayor, or the mayor pro tem., to forthwith issue his warrant for the offender charged, and it shall be the duty of said marshal to at once arrest the offender and carry him before the officer issuing the warrant to be dealt with as he may see fit, and the said marshal and mayor shall collect, in addition to the fine imposed, the same costs as the justices of the peace and constables of this State are authorized to collect for similar services. Warrants to arrest offenders. SEC. 11. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof, shall see that all ordinances, rules and regulations are enforced, shall have control of the police force of said town, with authority to appoint special policemen as the emergency may arise, and generally shall do all things essential for the proper discharge of his duties as such chief executive. Powers and duties of mayor. SEC. 12. Be it further enacted, That the town council shall have power and authority to levy and collect

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annually, in addition to that already provided for in this charter, a tax not exceeding one half of one per cent. on all taxable property of said town for the purpose of maintaining and establishing a system of public schools in said town, said fund not to be used for any other purposes, but before said public school system shall be adopted, it shall be submitted to the qualified voters of said town, for which purpose the said town council is hereby authorized, whenever they deem it expedient, to order an election, of which thirty days notice shall be given by posting three notices in three different public places in said town which election shall be held as provided for all elections held under this charter. Those favoring a public school system for said town shall have written or printed on their ballots the words For Public Schools, those opposed to public schools shall have written or printed on their ballots the words, Against Public Schools, and if two thirds of the ballots cast in such election be for public schools, this Section and those following on the same subject shall immediately become operative in said town. Ad valorem tax for schools. SEC. 13. Be it further enacted, That should a system of public schools be established in said town, as provided for in the preceding Section, the town council shall elect five citizens of said town to constitute a board of education of said town. The mayor, or any councilmen shall be eligible as a member of said board of education. The board of education shall be elected annually on the first meeting of the council after its election in January of each year, or as soon thereafter as practicable, and shall hold their office until their successors are elected and qualified, except that the said board of education may at their first election be elected as soon after the adoption of a system of public schools for said town as practicable, said board of education to hold office until the succeeding first meeting in January as above provided, and until their successors are elected and qualified. Board of education.

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SEC. 14. Be it further enacted, That said board of education provided for in the preceding Section shall have power to design and adopt a system of public schools for said town; to appoint or select a superintendent, and select teachers for the same, to suspend or remove such superintendent or teachers; to fix compensation for superintendent, if one should be elected, and fix salary or compensation for teacher or teachers. to provide school houses; to make rules and regulations for the government of themselves and said school or schools as they may see proper, and not in conflict with the laws of this State. All children who are entitled to the benefits of public schools under the laws of Georgia, and whose parents or guardians bona fide reside within the incorporate limits of said town, shall be admitted in this school upon payment of such incidental fee only as the board may deem necessary. Children residing without the corporate limits of said town, and such others as may be entitled to the benefits of this school, shall be admitted upon such terms as may be prescribed by said board of education not in conflict with the laws of this State. Government of schools. SEC. 15. Be it further enacted, That when said public school system is adopted the board of education of said town shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the council of said town, who shall be required to levy and collect the same, and the amount so levied and collected shall be used for no other purpose, and shall be paid only on the order of said board of education. Tax for support of schools. SEC. 16. Be it further enacted, That after said public school system shall have been adopted by said town as hereinbefore provided for, the board of education of Laurens county shall not contract with any person or persons to teach any other school of any character

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in said town, nor shall any of the State school fund be paid to any school in said town other than the public school contemplated in this Act, after it shall have been adopted as hereinbefore provided, and the county school commissioner of Laurens county, State of Georgia, is hereby authorized and required to pay over to the treasurer of said town such portion of the public school fund as the pupils of school age attending school in said town are entitled to under law, the same to be prorated for the entire year 1908. After which, in the event of the passage of this Act and its adoption at an election as hereinbefore specified, it shall be the duty of said board of education, to have prepared and to furnish the State school commissioner by the 1st day of December, 1908, and by the first day of December each year thereafter, a list or census of pupils residing in said town entitled to the school fund, in which shall be included those pupils residing outside the said town, who attend the town school of said town. And it shall be the duty of the State school commissioner to pay to the clerk and treasurer of said town such portion of the public school fund as its number of pupils, as above defined, entitles it to. Pro rata part of State school fund. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. CENTER, TOWN OF, INCORPORATED. No. 327. An Act to amend an Act, entitled An Act to incorporate the town of Center in the county of Jackson,

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State of Georgia to define its corporate limits, to provide a municipal government for said town; to confer certain powers and privileges on the same, and for other purposes, approved August 21, 1906, by striking from lines three and four in Section 8 of said Act, after the word exceeding in the third line, and before the word upon in the fourth line of said Section, the words one-tenth (1-10) of one per cent. and inserting in lieu thereof the words two per cent. by authorizing the mayor of said town to perform marriage ceremonies within the corporate limits of said town, by authorizing the imposition of greater fines and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 8 of an Act entitled an Act to incorporate the town of Center, in the county of Jackson, State of Georgia; to define its corporate limits; to provide a municipal government for said town; to confer certain powers and privileges on the same, and for other purposes, approved August 21st, 1906, be amended by striking from lines three and four in Section 8 of said Act after the word exceeding in the third line and before the word upon in the fourth line of said Section the words one-tenth (1-10) of one per cent. and inserting in lieu thereof the words two per cent. Center, town of, ad valorem tax. SEC. 2. Be it further enacted, That the mayor of the town of Center shall have authority to celebrate marriages and perform marriage ceremony between persons within the corporate limits of said town, under the same rules and regulations governing judges, justices of the peace, or ministers of the gospel. Mayor of, may perform marriage ceremony. SEC. 3. Be it further enacted, That Section 11 of the Act incorporating said town of Center be and the same is hereby amended by striking from the fifth line of said Section 11, the word fifty before the word dollars

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and inserting in lieu thereof the words one hundred and by striking the figures ($50.00) from said fifth line and inserting the figures ($100.00). SEC. 4. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act are hereby repealed. Approved July 23, 1908. CHALYBEATE SPRINGS, TOWN OF, INCORPORATED. No. 386. An Act to incorporate the town of Chalybeate Springs, in the county of Meriwether, Georgia, to define the corporate limits thereof, to confer upon the mayor and council thereof certain powers, privileges and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Chalybeate Springs, in the county of Meriwether, be, and the same is, hereby incorporated under the name of the town of Chalybeate Springs; that the municipal government of the town of Chalybeate Springs shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the town of Chalybeate Springs, and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and

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their successors, for the use of the town of Chalybeate Springs, any estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien and lease any estate, real or personal, the property of or belonging to said corporation or convey the same or any part thereof in any manner or way whatever; that the territory embraced within the following boundary shall constitute the town of Chalybeate Springs: Beginning at the west end of the Walsh's Spur on the Atlanta, Birmingham and Atlantic Railroad, thence a northeasterly direction to the ford of the branch on the Talbotton public road near the Howard homestead, thence down said branch to Pigeon creek thence down Pigeon creek to the Dunham branch, thence up the Dunham branch to its head waters, thence west to the Talbot county line, thence a westerly direction along said line to the main top of Pine Mountain nearest the Chalybeate Springs depot, thence down the mountain to the beginning point. All of said territory being in the original first district, now Chalybeate Springs district of Meriwether county, Georgia. Chalybeate Springs, town of. incorporated. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That G. B. Grant be, and he is, hereby appointed mayor of said town, and B. J. Seay, B. H. Taylor, W. E. Hatchett and Jno. V. Arrendale be, and they are, hereby appointed councilmen of said town, to hold their offices until the first annual election in said town in the year 1909, and until their successors are elected and qualified. The above-named officers to enter upon the discharge of their duties upon their taking oath to well and truly administer the affairs of their said office, immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority aforesaid, That an election be held in said town, at such place as the mayor of said town shall direct and designate

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on the first Monday in January, 1909, and on the first Monday in January in each year thereafter, for a mayor and four councilmen, who shall hold their offices for one year or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places. Said notice shall be posted ten days before said election. Said election shall be held under the law governing the election of members of the General Assembly, and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take an oath to well and truly discharge the duties of the officers. Mayor and councilmen, election of. SEC. 4. Be it further enacted by the authority aforesaid, That the sale of liquor within the incorporate limits of said town is hereby prohibited. Sale of liquors prohibited. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Chalybeate Springs shall have the power to make all ordinances, rules and regulations necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge when necessary and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to

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establish markets, and regulate all butcher-pens, tanyards, livery stables, blacksmith shops, forges, stones and chimneys in said town, and remove the same, or any of them, in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed to be a public nuisance and destructive to the health, peace and quiet of said town; to protect places of public worship, to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead, and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits and from time to time to enlarge or restrict the same, and prescribe what kind and class of buildings shall not be constructed within said limits; to fill open wells or other excavations on unenclosed premises; and the mayor and council shall also have entire and absolute control and jurisdiction of all soilpipes, private drains and sewers, waterclosets, and privy vaults and dry wells in said town, with full power to prescribe their location, structure, uses, and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town; and with power, also to require changes in, or the total discontinuance of, any such contrivances and structures already in existence, or that may hereafter be allowed, and to compel the owners of property to convey the water from housetops by means of guttering, or otherwise, to sewerage pipes; provided, said sewerage pipes are laid within fifteen feet of the buildings required to be guttered. Powers of mayor and council. SEC. 6. Be it further enacted, That said mayor may hold police courts, try offenders for violation of the ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not exceeding fifty dollars, imprisonment

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not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said mayor. And, when sitting as a court, said mayor may fine for contempt, not exceeding ten dollars, or imprisonment for five days for such contempt. From all decisions of said mayor imposing punishment or penalties for violations of such ordinances, rules and regulations, there may be an appeal to the mayor and council upon such terms as may be prescribed by said mayor and council. Police court. SEC. 7. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal and prescribe their duties, not inconsistent with this Act, and the laws of this State, and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their offices, and fix their compensation. Said mayor and council are authorized to appoint a tax assessor, or assessors, should more than one be required, to assess the taxable property of said town, and perform such other service as may be required in connection with said office, fix compensation of such assessor and require a bond for the faithful performance of his duties; provided, that nothing in this Act shall disqualify one person from holding the offices of clerk, treasurer and assessor at the same time. Officers. SEC. 8. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy, and collect such taxes upon the real and personal property within the corporate limits of said town; provided, that the tax assessed shall not exceed the amount of the State tax; also to levy and collect such tax on business occupations, theatrical exhibitions or other performance exercised, performed or exhibited within the corporate limits of said town, and fix such license on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed

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proper. Provided, also, that all corporate and franchise property shall be subject to taxation, and collected as provided by law. Taxes. SEC. 9. Be it further enacted, That should any property owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor, or assessors, provided for in the seventh Section of this Act, he or they shall have the right to appeal from said assessment to the mayor and council; provided said appeal shall be made within ten days after the returns of said assessor, or assessors, shall have been made to said mayor and council. Tax assessments. SEC. 10. Be it further enacted, That said mayor and council may choose from their own number a member pro tempore, who shall in the absence, sickness or disqualification of the mayor, and in case of the absence, sickness or disqualification of the mayor pro tempore, a majority of the councilmen shall choose one of themselves to act as mayor temporarily. Mayor pro tem. SEC. 11. Be it further enacted, That the mayor and coucilmen shall not receive any compensation for their services as such, but shall be free from street duty during their term of office. Compensation of mavor and councilmen. SEC. 12. Be it further enacted, That said mayor and council may require and compel persons residing within the limits of said town, subject by law to road duty, to work on the streets and walks of said town, not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons, not to exceed five dollars. Street work or commutation tax. SEC. 13. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. General welfare.

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SEC. 14. Be it further enacted, That all the powers and duties contained in Sections 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, of the Code of Georgia of 1895, Volume 1, are hereby adopted and made a part of this Act. Statutory powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1908. CHAMBLEE, TOWN OF, INCORPORATED. No. 527. An Act to incorporate the town of Chamblee, in the county of DeKalb, to define the corporate limits thereof; to provide for the election of officers; to prescribe their powers and duties; to provide for working the streets in said town; to provide for the levy and collection of taxes and licenses, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the town of Chamblee, in the county of DeKalb, be and is hereby incorporated under the name of Chamblee, by which name it may sue and be sued, plead and be impleaded. Chamblee, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the depot of the Southern railway, as now located in said town, the said depot being made the center of said town. Corporate limits.

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SEC. 3. Be it further enacted, That said town shall be officered and its corporate affairs directed and controlled by a mayor and five councilmen, whose terms of office shall be two years, and who shall be elected by the qualified voters of said town. Any person residing within said town ninety days prior to the time of an election, and otherwise qualified to vote for members of the General Assembly, shall be eligible as a town elector. The first election under this Act for mayor and councilmen, shall he held on the second Saturday in September, 1908. The mayor and three councilmen elected at this election shall serve until the first Monday in January, 1911, and the other two councilmen shall serve until the first Monday in January, 1910. Regular elections for mayor and councilmen under this Act shall be held on the first Saturday in December, beginning in 1909, and said election shall be held and conducted as are elections for members of the General Assembly. Mayor and councilmen. SEC. 4. Be it further enacted, That said mayor and council shall elect one of the council clerk, and may also elect a marshal and may pay him such compensation as they may fix prior to his election. Clerk and marshal. SEC. 5. Be it further enacted, That said mayor and council shall have authority to cause the roads, streets, and lanes of the said town to be worked in said town by the residents therein subject to road duty, and to levy such a road tax as they may deem for the best interest of the town. Said mayor and council shall have authority to make any and all by-laws, rules and regulations, or ordinances necessary for the government of said town and the peace and good order thereof, and to fix license fees for the transaction of business in said town, which are not inconsistent with the laws and the Constitution of this State; to punish by fine or imprisonment, or both, in the discretion of the mayor, who is hereby clothed with authority to try offenders against the ordinances of said town, and is hereby empowered

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to punish such offenders by a fine of not more than $50.00 or by work on the public roads of said town for not more than thirty days, either or both of such penalties. The mayor and council shall have authority to fix the costs in all cases of violation of the ordinances of said town, and upon conviction, said costs shall be taxed against the offender so convicted. Powers of mayor and council. SEC. 6. The said mayor and council shall be empowered to levy taxes for the support of the government of said town not to exceed one-half mill and they shall fix the compensation of the mayor and of the councilmen, and all employees of said town. Taxes. SEC. 7. Be it further enacted, That all laws in conflict with this Act be, and the same, are hereby repealed. Approved August 17, 1908. COLLEGE PARK, CHARTER AMENDED. No. 430. An Act to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the city of Manchester, to provide for incorporating said city under the name of College Park, and for other purposes, approved December 16th, 1895, by amending the fourth Section thereof so as to make the term of office of the mayor and councilmen two years, provided for the election of said officers, fix the salaries of said officers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That the Act incorporating the city of College Park, approved December 16, 1895, be,

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and the same is, hereby amended as follows: That from and after the passage of this Act the above-named Act be, and the same is, hereby amended by striking Section four of said Act of 1895, and inserting the following in lieu thereof: Section 12. Be it further enacted by the authority aforesaid, That said mayor shall be elected on the first Monday in December, 1908, and every two years thereafter. Three of said councilmen shall be elected on the first Monday in December, 1908, and every two years thereafter. Three of said councilmen shall be elected on the first Monday in December, 1908, and hold office until the first Monday in December, 1909; and three councilmen shall be elected on said first Monday in December, 1909, and every two years thereafter. Said mayor and councilmen shall be elected by the qualified voters of said city, and their term of office shall be for two years from the date of their election, or until the election and qualification of their successors, except as hereinbefore otherwise provided. Said mayor shall receive a salary of one hundred dollars per annum. Each of said councilmen shall receive two dollars for each regular monthly meeting of the council, but only for such monthly meetings as he attends, and his compensation shall not be more than twenty-four dollars per annum. Neither the mayor nor any councilman shall receive any other or further salary or compensation whatsoever; nor shall either of said officers, or any other officer of said city be entitled to or receive any costs or other revenue, all of which shall be paid into the city treasury. College Park, election and salaries of mayor and councilmen. SEC. 2. Be it further enacted by the authority aforesaid, That said Act approved December 16th, 1895, be, and the same is, hereby amended by striking Section seventeen of said Act of 1895, and inserting the following in lieu thereof: Section 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to cause the enforced collection of delinquent taxes and assessments of all kinds by fines

Page 546

and executions against the property of the delinquents and sales under such executions. The time, place and manner of the sale of property, both real and personal, for taxes and assessments due said city, shall be the same as that provided by law for sheriff's sales for State and county taxes; provided, such sale may be conducted and had before the door of the council chamber, or the usual place of meeting of the authorities having control of said municipality; provided, such sale may be conducted by the marshal of said city; provided, the advertisement of sale shall specify the place of sale in addition to the usual matters required in such notice; and provided, the notice or advertisement of sale shall be published in such newspaper as the mayor and council shall designate or select as the official organ of said city. The recitals in deeds, under a sale for municipal taxes or assessments in said city shall be evidence of the facts so recited, in any court in this State, and shall be taken as prima facie true. Sales for taxes and assessments. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of College Park shall not grant or otherwise transfer to any person, firm or corporation, any franchise license or right to use or occupy any street, road, alley, sidewalk or other public place in said city, for public utility purpose, such as electric light plant, electric or steam or other street-car line or road, gas line, railroad line, telephone line, telegraph line, express line, waterworks, or other public utility service, whether the same be surface, underground, overhead or otherwise, except as hereinafter provided; application in writing, signed by the applicant, shall be made to and filed with the mayor and council for such franchise, license or right. Setting forth what streets are to be occupied and for what purpose, two weeks notice of which application shall be given by the clerk of council by posting said notice at the door of the council chamber, before the same is acted

Page 547

on by council; and before such franchise, license or right shall be granted, it shall be passed upon favorably by a two-thirds vote of the entire council at two regular monthly meetings of same, and same shall not be granted for more than twenty years, nor be exclusive. Council may grant same upon such terms and conditions as it may deem advisable and revoke same for a violation of such terms and conditions. Franchises. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1908. COLLEGE PARK, CHARTER AMENDED. No. 550. An Act to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the city of Manchester, to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16th, 1895, and all amendments thereto, so as to provide for the establishment, maintenance and operation of an electric light system and a waterworks and sewerage system, either or both, for said city of College Park; to provide for the levy and collection of an annual tax therefor; to provide for an election to determine whether a bonded indebtedness shall be created against said city for the purpose of raising a revenue with which to acquire, erect and equip such system or systems; to provide for the issuance of bonds therefor and the disposition of same; to provide for the levy and collection of an annual

Page 548

tax with which to pay off said bonded indebtedness; to provide for a commission for said matters and to fix and define its duties and powers; to authorize said corporation to exercise the right of eminent domain and to enforce the necessary police regulations for the protection of said systems both within and beyond the corporate limits of said city; to confer all necessary powers relative to same, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act incorporating the city of College Park, approved December 16, 1895, as amended, be, and the same is, hereby amended as follows: SECTION 1. Be it enacted by the authority aforesaid, That the mayor and council of the city of College Park, be and they are hereby authorized and empowered to purchase, build, contract for, establish, maintain and operate an electric light system for said city, to supply and furnish light, heat and power by electricity for said city, and to furnish the said city and private parties with electrical current for such purposes as may be practicable, and to charge and collect for same; and generally to operate and maintain said plant as in their discretion they may deem best and proper; and to acquire the necessary property, franchises, rights and easements therefor. College Park, electric lights. SEC. 2. Be it further enacted, That the mayor and council of the city of College Park are hereby authorized and empowered to purchase, build, contract for, establish, maintain and operate a system of waterworks and sewerage for said city of College Park, within or without the limits of said city, either or both, for all purposes usual and incident to a water works and sewerage system for municipal corporations, and furnish water to private parties and charge and collect for same; and generally to manage and conduct said waterworks and sewerage system as the mayor and council of

Page 549

said city may, in their discretion, deem best and proper; and to acquire the necessary property, franchises, rights and easements therefor. Waterworks and sewerage. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of College Park be and they are hereby authorized, in their discretion, to issue and sell fifteen thousand dollars of bonds of said city of College Park, in such denominations as they may deem proper, each bond to be for not less than one hundred dollars and for not more than one thousand dollars, running for not more than thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per cent., per annum. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, interest on said bonds to be payable semi-annually, and the principal to be paid at or before the maturity of said bonds; provided, said bonds shall not be sold below par; and provided, that the qualified voters of said city of College Park assent to the issue of said bonds, as provided by law, at an election which the mayor and council of said city are hereby authorized to call, at such time as they may deem proper, and in accordance with general law for such elections as provided for in Sections 377 to 380 of the political code of Georgia of 1895, as amended, thirty days notice of which election shall be given by publication of such notice in the paper in which sheriff's advertisements are published. Said election shall be governed by the same rules and regulations as regular elections for mayor and councilmen of said city; the qualification of voters shall be the same, each voter shall have printed or written upon his ballot the words, For Electric Light Bonds, or Against Electric Light Bonds; and if the requisite two-thirds of the voters of said city at said election or at any election herein provided for, shall vote for electric light bonds, it shall be the duty of said mayor and council to issue them.

Page 550

In the event the result of said election or any other election herein provided for, be against electric light bonds, then said mayor and council may from time to time call other elections for said purpose, under the same provisions herein provided, but no election hereunder shall be held earlier than twelve months after the preceding election. The first election provided for herein shall not be held earlier than January 1st, 1909. In the event said bonds shall be authorized, said mayor and council shall, at or before the time of issuing any of said bonds, provide for the levy and collection of an annual tax, in addition to all other taxes authorized by law, sufficient in amount to raise a fund to pay the interest on said bonds semi-annually during the life of said bonds and also to provide a sinking fund to pay off the principal of said bonds at their maturity. Said fund shall be held as a sinking fund for the payment of said bonds and interest and shall be used for no other purpose. Said taxes shall when collected be turned over by the mayor and council to the sinking fund commission of said city to be used by said commission for the purpose aforesaid. Said bonds shall be issued in conformity with the general laws for validating municipal bonds and when issued shall be sold and the proceeds arising therefrom shall be used for the purpose of purchasing, building, contracting for, establishing, maintaining and operating an electric light system for said city as provided in Section 1 of this Act, and for said purpose only. Bonds for electric lights. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of the city of College Park be and they are hereby authorized, in their discretion, to issue and sell fifty thousand dollars of bonds of said city of College Park, in such denominations as they may deem proper, each bond to be for not less than one hundred dollars and for not more than one thousand dollars, running for not more than thirty years from the date of their issue, and to bear interest at the rate

Page 551

of not exceeding five per cent., per annum. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, interest on said bonds to be payable semi-annually, and the principal to be paid at or before the maturity of said bonds; provided, said bonds shall not be sold below par; and provided, that the qualified voters of said city of College Park assent to the issue of said bonds, as provided by law, at an election which the mayor and council of said city are hereby authorized to call, at such time as they may deem proper, and in accordance with general law for such elections as provided for in Sections 377 to 380 of the Political Code of Georgia of 1895, as amended, thirty days notice of which election shall be given by publication of such notice in the paper in which sheriff's advertisements are published. Said election shall be governed by the same rules and regulations as regular elections for mayor and councilmen of said city and the qualifications of voters shall be the same. Each voter shall have printed or written upon his ballot the words For Waterworks and Sewerage Bonds, or Against Waterworks and Sewerage Bonds, and if the requisite two-thirds of the voters of said city at said election or at any election herein provided for, shall vote for said bonds, it shall be the duty of said mayor and council to issue them. In the event the result of said election or any other election herein provided for, be against said bonds, then said mayor and council may from time to time call other elections for said purpose, under the same provisions herein provided, but no election hereunder shall be held earlier than twelve months after the preceding election. The first election provided for herein shall not be held earlier than January 1st, 1909. In the event said bonds shall be authorized, said mayor and council shall, at or before the time of issuing any of said bonds, provide for the levy and collection of an annual tax, in addition to all other taxes authorized by law, sufficient

Page 552

in amount to raise a fund to pay the interest on said bonds semi-annually during the life of said bonds and also to provide a sinking fund to pay off the principal of said bonds at their maturity. Said fund shall be held as a sinking fund for the payment of said bonds and interest and shall be used for no other purpose. Said taxes shall when collected be turned over by the mayor and council to the sinking fund commission of said city to be used by said commission for the purpose aforesaid. Said bonds shall be issued in conformity with the general laws for validating municipal bonds and when issued shall be sold and the proceeds arising therefrom shall be used for the purpose of purchasing, building, contracting for, establishing, maintaining and operating a waterworks and sewerage system for said city as provided in Section 2 of this Act, and for said purpose only. Bonds for waterworks and sewerage. SEC. 5. Be it further enacted, That said mayor and council of the city of College Park be and they are hereby authorized and empowered to purchase, acquire, and hold any and all property, both within and without the corporate limits of said city, necessary or expedient, in the discretion of the mayor and council of said city, for the purpose of an electric light system or a waterworks and sewerage system, either or both, and for any and all other purposes necessary or expedient for the good of said city, as said mayor and council may in their discretion deem proper; to exercise the power of eminent domain and to condemn such land easements, rights of way, waterways and franchises, necessary for either of said systems and for water basin and water shed from which the public water supply may be obtained; provided, that in case of condemnation of private property, as authorized hereunder, the course of procedure shall be that authorized under the general laws of this State for condemnation of private property. Electric plants and waterworks. SEC. 6. Be it further enacted by the authority aforesaid,

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That the mayor and council of the city of College Park shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect said electric lighting system and all its parts, and also to protect said waterworks and sewerage system and all its parts, whether located within or without the corporate limits of said city. It is the purpose and intent of this Act to confer upon said mayor and council the right to exercise the necessary police power and regulations over the water basin and shed from which the public water supply may be obtained and over the waterworks and sewerage system and over the electric light system, whether the same be situated within or without the corporate limits of said city, and said right is hereby so conferred. Protection of lights and water. SEC. 7. Be it further enacted, That the mayor and council of said city be and they are hereby authorized and empowered to do and perform all acts and things necessary and incident to the building and operating of said electric light system and of said waterworks and sewerage system; and to do and perform any and all Acts and things necessary, usual and incident to the issuing and sale of each and all of the bonds authorized under this Act; and generally to do and perform all things usual, incident and necessary to the Acts and things authorized under this Act. Construction and operation of plants for lights and water. SEC. 8. Be it further enacted, That a sinking fund commission of the city of College Park is hereby created, to be composed of three citizens of said city, who are freeholders, to be chosen by the mayor and council as follows: The said mayor and council shall, as soon as practical after the passage of this Act, select from the citizens of said city three commissioners, one to serve one year or until his successor is elected and qualified, one to serve two years or until his successor is elected and qualified, and one to serve three years or until his successor is elected and qualified, and the

Page 554

successor of each of those first appointed shall hold office for three years or until their successors are elected and qualified, and at the expiration of the term for which each commissioner is appointed his successor shall be elected by said mayor and council. The members of said commission shall in no way be connected with the municipal government of said city and they shall serve without compensation but council shall provide for the payment of the necessary expenses of said commission. The commissioners shall select from their number a chairman who shall hold office for one year or until his successor is elected and qualified. The clerk of said city shall be ex-officio clerk of said board and shall keep a correct record of all its proceedings. The treasurer of said city shall keep a correct account of the receipts and disbursements of said board of commissioners. Said records and accounts shall be kept in books separate from the other books of the municipality. Sinking fund commission. SEC. 9. The said commission shall handle and control such sums as shall from time to time be turned over to it for the purpose of raising a sinking fund or funds for the final redemption of the bonds of said city which now exist or may hereafter exist, and also to provide for the payment of the interest thereon. Said commission may invest such funds in bonds of the United States or of the State of Georgia or of the municipalities of said State, which have been legally validated. The mayor and council shall immediately turn over to said commission all taxes and other funds levied and collected for the purpose of paying off any bonded debt of said city or interest thereon. The treasurer of said city shall upon his official books open an account with said commission and pass to their credit all the money collected to pay the bonded debt of said city and the interest thereon, as soon as such funds are collected, and shall keep said funds so received separate and distinct from the general or other funds of said city, and shall pay the same or any part thereof, upon demand and as

Page 555

may be required, to the said commission upon their warrant signed by the chairman of said board. The fund for any specific bonded indebtedness shall be kept separate and distinct from all other funds, all bonds in which funds may be so invested shall be turned over by the commissioners to the treasurer of said city. The commissioners shall keep a record of all their proceedings, and the clerk of said city, who is ex-officio clerk of said commission, shall exhibit said records to the mayor and council whenever called upon by them to do so. Sinking fund. SEC. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. COLLEGE PARK, CHARTER AMENDED. No. 432. An Act to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the city of Manchester, to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for the establishment, maintenance and operation of a system of public schools in and for said city of College Park; to provide for the levy and collection of an annual tax therefor; to provide for an election to determine whether a bonded indebtedness shall be created against said city for the purpose of raising a revenue with which to erect the necessary school buildings; to provide for the issuance of bonds therefor

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and the disposition of same; to provide for the levy and collection of an annual tax with which to pay off said bonded indebtedness; to provide for a board of education and to fix and define its duties and powers; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby cnacted by authority of the same, That the Act incorporating the city of College Park, approved December 16, 1895, as amended, be, and the same is, hereby amended as follows: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, the corporate authorities of the city of College Park having so recommended, That the mayor and council of the said city of College Park, Georgia, are hereby authorized to establish and maintain a system of public schools in and for said city, and to levy and collect an annual tax, in addition to all other taxes allowed by law, not to exceed one-fourth of oneper cent. on all the taxable property of said city, to be levied and collected as other taxes of said city, for the purpose of establishing and maintaining said system of public schools, the fund arising therefrom to be used for said purpose and no other. College Park, public school system. SEC. 2. Be it further enacted by the authority aforesaid, That before this Act shall become operative, an election shall be held in said city on the question of establishing and maintaining public schools in said city by local taxation, in conformity with Article 8, Section 4, paragraph 1 of the Constitution of the State of Georgia. For the purpose aforesaid the mayor and council of said city shall order an election, of which thirty days' notice shall be given by publishing notice once a week for four weeks in some daily paper having a circulation in said city and by posting said notice at three public places in said city, which election shall be held under the same rules and regulations as elections for mayor and council for said city, and the requirements of voters

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shall be the same. At said election those in favor of public schools shall have printed or written on their ballot the words For public schools, and those opposed to public schools shall have printed or written on their ballot Against public schools. If two-thirds of the ballots cast at said election or at any election herein provided for be For public schools, This Act shall become operative. Should the result of said election or any election herein provided for be Against public schools, the mayor and council shall order other elections for said purpose not often than once every twelve months. The first election hereunder shall be held not earlier than January 1, 1909. Managers of any election hereunder shall be appointed by the mayor and council of said city and shall make returns of any such election to said mayor and council within two days after the election, and said mayor and council shall deciare and announce the result thereof within ten days after said election. Election for public schools. SEC. 3. Be it enacted by the authority aforesaid, That a board of education for said city is hereby created, consisting of five citizens of said city who are freeholders, who shall be elected as follows: Immediately after this Act goes into effect the mayor and council of said city shall elect two members of said board for a term of one year, two members for a term of two years, and one member for a term of three years. The term of office on said board, after the expiration of the terms just provided for, shall be three years. After the first election above provided for all vacancies on said board shall be filled by the board itself, and the successors of the five members first elected shall be elected by said board at the expiration of their respective terms and hold office for three years, or unit their successors are elected and qualified. Said board shall elect from their own number a president, a vice-president, and a secretary and treasurer. No member of the board shall receive

Page 558

any compensation for his services, except the secretary and treasurer, who shall receive such compensation as the board may prescribe. No member of said board shall hold an office as mayor or councilman of said city, and the election of any member of the board to either of said offices shall immediately work a forfeiture of his office as a member of said board, and such vacancy shall be filled by said board. Board of education. Officers of board. SEC. 4. Be it further enacted, That the said board of education shall be and is hereby made a body corporate under the name of Board of Education of the City of College Park, may sue and be sued, have and use a common seal, contract and be contracted with; and said board is authorized and empowered to establish and maintain and adopt a system of public schools for said city and alter same; to appoint a superintendent and employ teachers for same, and to suspend or remove either of such, and to fix their compensation; to rent, build, purchase or otherwise provide school lots and houses and equipment; and to hold and make titles to such property; to adopt such rules and regulations for the government of themselves and said schools as they may deem proper, not in conflict with the laws of this State; and to do all acts necessary for the carrying out of the purposes aforesaid, and to have and possess all rights and powers usual and incident to such boards, and to do any and all things promotive of the best educational interests of said city, not in conflict with the provisions of this Act or the laws of this State. Board of education incorporated, powers of. SEC. 5. Be it further enacted, That said board shall establish and maintain at least one school for white children and one for colored children, for at least eight scholastic months each year. No white child shall be admitted into the school for colored children and no colored child shall be admitted into the school for white children. All children who are entitled to the benefit of the public school under the laws of this State, and

Page 559

whose parents, guardians or natural protectors reside within the corporate limits of said city, shall be admitted to said schools upon payment of such incidental fee as said board may deem proper. Children of non-residents and other children not entitled to the benefit of said schools, may be admitted upon such terms and upon payment of such tuition as said board may prescribe, not in conflict with the laws of this State. Said board of education of the city of College Park and said schools shall be entitled to the pro rata share of public school funds of the State of Georgia for such non-resident child or children. Said board of education shall also have power to provide a course or courses of instruction and studies other than those embraced in the elementary branches of an English education upon payment of such dues as the board may prescribe, and the said board may establish as many grades for said schools as it may deem proper. Separate schools for white and colored students. Pro rata share of State school fund. SEC. 6. Be it further enacted, That it shall be the duty of said board of education each year to prepare and furnish to the county board or boards of education such data relating to the schools of said city and the school population thereof as may be required by said county board or boards of education, and the county board of education or school commissioner in each of the counties in which said city lies in part or in whole shall pay over to said board of education of the city of College Park that part of the State public school fund to which said city is entitled under the rules governing the distribution of said fund. Said board of education shall each year determine what amount of money it will be necessary to raise by taxation to defray the expense of said schools for the ensuing year, and shall recommend same to the mayor and council of said city, and said mayor and council shall, if necessary, levy and collect the same, provided, said amount does not exceed one-fourth of one per cent., in the same manner that other taxes of said city are levied and collected. Said

Page 560

tax, when collected, shall be turned over to the treasurer of said board of education, and together with the amounts received from the public school fund, incidental and tuition fees and other funds coming into the hands of said board, shall be used and expended only by the order of said board of education, to defray the expenses necessary for carrying on and maintaining said schools. From and after the date when this Act takes effect, as hereinbefore provided, neither the board of education nor school commissioners of Fulton or Clayton counties shall establish or maintain in said city any school, nor shall any of the said school fund be paid to any school in said city other than as provided for in this Act. Said board of education of said city shall have full and exclusive jurisdiction and control over all territory embraced within the corporate limits of said city, for the purposes of this Act. The taxable property embraced within the corporate limits of said city of College Park shall not be subject to county school tax, nor shall such tax be levied or collected upon said property. Tax for schools, how levied. SEC. 7. Be it further enacted by the authority aforesaid. That the mayor and council of the city of College Park be, and they are hereby authorized, in their discretion to issue and sell fifteen thousand dollars of bonds of said city of College Park, in such denominations as they may deem proper, each bond to be for not less than one hundred dollars, and for not more than one thousand dollars, running for not more than thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per cent. per annum. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, interest on said bonds to be payable semi-annually, and the principal to be paid at or before the maturity of said bonds, provided, said bonds shall not be sold below par; and provided, that the qualified voters of said city of College Park assent to the issue of said bonds, as provided by law, at an election

Page 561

which the mayor and council of said city are hereby authorized to call, at such time as they may deem proper, and in accordance with general law for such elections as provided for in Sections 377 to 380 of the Political Code of Georgia of 1895, as amended, thirty days' notice of which election shall be given by publication of such notice in the paper in which sheriff's advertisements are published. Said election shall be governed by the same rules and regulations as regular elections for mayor and councilmen of said city, and the qualifications of voters shall be the same. Each voter shall have printed or written upon his ballot the words For school bonds or Against school bonds; and if the requisite two-thirds of the voters of said city at said election or at any election herein provided for, shall vote for school bonds, it shall be the duty of said mayor and council to issue them. In the event the results of said election or any other election herein provided for, be against school bonds, then said mayor and council may from time to time call other elections for said purpose, under the same provisions herein provided, but no election hereunder shall be held earlier than twelve months after the preceding election. The first election provided for herein shall not be held earlier than January 1, 1909. In the event said bonds shall be authorized, said mayor and council shall, at or before the time of issuing any of said bonds, provide for the levy and collection of an annual tax, in addition to all other taxes authorized by law, sufficient in amount to raise a fund to pay the interest on said bonds semi-annually during the life of said bonds, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. Said fund shall be held as a sinking fund for the payment of said bonds and interest, and shall be used for no other purpose. Said bonds shall be issued in conformity with the general laws validating municipal bonds, and when issued shall be sold and their proceeds turned over to the board of education of the city of College

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Park, to be used by said board for the purpose of purchasing school lot or lots and purchasing, or erecting public school buildings in said city and properly furnishing the same, and for said purpose only. School bonds. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1908. COLQUITT, CITY OF, STOCK LAW OF. No. 454. An Act to amend an Act entitled An Act to incorporate the city of Colquitt in lieu of the town of Colquitt, to confer additional powers on said corporation, and for other purposes. Approved August 11, 1905. To amend the charter so as to compel the mayor and council in case they enforce stock law within the incorporate limits at any time, to fence the city of Colquitt, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the above recited Act be amended as follows: By adding to Section 7 the following words: That should the mayor and council of the city of Colquitt at any time enforce or undertake to enforce stock law within the incorporate limits, that it should be the duty of said mayor and council to fence the city of Colquitt with a good and substantial fence. City of Colquitt, stock law of. SEC. 2. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. CORDELE, CHARTER AMENDED. No. 316. An Act to amend an Act of the General Assembly of Georgia approved December 22, 1888, entitled An Act to incorporate the city of Cordele in the county of Dooly, (now Crisp), so as to change the date of opening a registration list or book for the registration of the qualified voters of the city of Cordele, from the first Monday in December to the first Monday in October, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the charter of the city of Cordele in what was originally Dooly (now Crisp) county, Georgia, incorporated by an Act approved December 22, 1888, be amended by striking the word December where it appears in Section 10 of said Act and inserting in lieu of the word December where it appears in the said Section of said Act the word October. Cordele, date for registration of voters. 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. Approved July 23, 1908.

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CORDELE, CHARTER AMENDED. No. 315. An Act to amend an Act of the General Assembly of the State of Georgia, approved December 22, 1888, entitled An Act to incorporate the city of Cordele, in the county of Dooly, (now Crisp), so as to grant to the mayor and city council of Cordele, power and authority to prescribe such rules and regulations for the laying out, construction and maintenance of curbing, gutters and sidewalks, or either of them, through the whole or any portion of the streets and avenues of said city, as they may by ordinances from time to time deem proper to prescribe, a kind and an amount of material to be used in such construction; to fix a time within which the same shall be completed, to supervise the construction of the same, and have the power to reject any work performed in compliance with such prescribed regulations; to assess the whole or any portion of the cost of any such improvement upon the owner or lessee of the abutting property; to provide for the issuing and collection of executions for the costs in such improvements and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the charter of the city of Cordele, in what was originally Dooly (now Crisp) county, Georgia, incorporated by an Act approved December 22, 1888, be amended by inserting in Section number twenty of said Act between the word city and the word they in line number seven of said Section, the following language: The mayor and city council of Cordele shall have power and authority to prescribe and mark out such rules and regulations for the laying out, construction, and maintenance of curbing, gutters, and sidewalks

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or either of them throughout the whole and any portion of the streets and avenues of said city, as the said mayor and city council may, by ordinances, from time to time deem proper. The mayor and city council of Cordele shall have power to prescribe the kind and amount of material to be used in such construction. The mayor and city council shall have power to fix the time within which the work shall be completed, to supervise the construction of same, and to have the power to reject any work not performed in compliance to such prescribed regulations. The mayor and city council shall have power and authority to assess the whole or any portion of the cost of any and all such improvements upon the owner or lessee of the abutting property. The mayor and city council shall have power by and through its regularly elected and appointed clerk and treasurer to issue an execution against all such owners or lessees of the abutting property who fail or refuse to comply with the prescribed rules and regulations of the mayor and city council of Cordele; provided, however, that such rules and regulations shall be made and adopted by ordinance of the mayor and city council of Cordele, and which said rules shall be made public, and provided, further, also that the abutting property owner or lessee of property abutting the streets and avenues of the city of Cordele, shall have ten days' notice signed by such officer of the city, as the mayor and city council shall designate, which said notice shall specify the exact location of the improvement to be made, and the material to be used, before such execution shall issue against such lessee or owner of property. Cordele, streets, etc. Assessments for street improvements. SEC. 2. Be it further enacted, That when said Section has been so amended it will read as follows: Section 20. Be it further enacted, That the mayor and city council shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets and alleys of said city, and shall have power to lay off, vacate, close up, open, alter, curb, pave, drain, and repair

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the roads, streets, bridges, sidewalks, alleys, cross walks, drains and gutters for the use of the public or any citizen of the city. The mayor and city council of Cordele shall have power and authority to prescribe and mark out such rules and regulations for the laying out, construction, and maintenance of curbing, gutters, and sidewalks or either of them throughout the whole or any portion of the streets and avenues of said city, as the said mayor and city council may, by ordinances, from time to time deem proper. The mayor and city council of Cordele shall have power to prescribe the kind and amount of material to be used in such construction. The mayor and city council shall have power to fix the time within which the work shall be completed, to supervise the construction of same, and to have the power to reject any work not performed in compliance to such prescribed regulations. The mayor and city council shall have power and authority to assess the whole or any portion of the cost of any and all such improvements upon the owner or lessee of the abutting property. The mayor and city council shall have power by and through its regularly elected and appointed clerk and treasurer to issue an execution against all such owners or lessees of the abutting property who fail or refuse to comply with the prescribed rules and regulations of the mayor and city council of Cordele. Provided, however, that such rules and regulations shall be made and adopted by ordinance of the mayor and city council of Cordele, and which said rules shall be made public, and provided, further, also, that the abutting property owner or lessee of property abutting the streets and avenues of the city of Cordele shall have ten days' notice signed by such officer of the city, and the mayor and city council shall designate, which said notice shall specify the exact location of the improvement to be made, and the material to be used, before such execution shall issue against such lessee or owner of property. They shall have power to protect places of public worship; to provide places

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for the burial of the dead, and to regulate interments therein; to regulate the keeping of gunpowder, and other combustibles and explosives; to make regulations for guarding against fire, and to fix and establish fire limits, and from time to time to change, enlarge or restrict the same. Streets, how opened and maintained and assessments therefor. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1908. CORDELE, CHARTER AMENDED. No. 337. An Act to amend an Act entitled An Act to incorporate the city of Cordele, in the county of Crisp (originally Dooly), define its limits, prescribe its municipal powers and privileges and for other purposes, (approved December 22nd, 1888), and the several Acts amendatory thereof, so as to authorize the issuing of bonds of said city by the corporate authorities thereof, for the building and equipping suitable school buildings in said city, and for other purposes. 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 Section 2 of amendment to the charter of the city of Cordele, said amendment approved December 16th, 1895, be amended as follows: After the word of in the fifth line of said Section the following words be stricken from same: fifteen thousand dollars of the denomination of one hundred dollars each; to become due and payable at such time or

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times not exceeding twenty years from date of issue thereof, and in lieu thereof the following be inserted: fifty thousand dollars of the denomniation of one thousand dollars each, to become due and payable at such time or times not exceeding thirty years from the date of issue thereof, so that said Section shall read after being amended, as follows: Cordele, charter amended. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said city be, and they are hereby authorized and empowered to issue bonds of said city in such sums and at such times as they may see proper, not to exceed the agreegate sum of fifty thousand dollars of the denomination of one thousand dollars each, to become due and payable at such time or times not exceeding thirty years from the date of issue thereof, as said mayor and council shall determine, and bear interest not to exceed seven per cent., per annum, said bonds to be sold, issued, and hypothecated for the purpose of purchasing, building, completing and equipping public school buildings in aforesaid city. Bonds for school buildings. SEC. 3. 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. Approved July 30, 1908. CULVERTON, TOWN OF, CHARTER REPEALED. No. 486. An Act to repeal An Act to incorporate the town of Culverton in Hancock county, and for other purposes, approved September 30th, 1891.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled An Act to incorporate the town of Culverton, in Hancock county, approved September 30, 1891, be and the same is hereby repealed. Culverton, charter repealed. SEC. 2. 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. Approved August 17, 1908. CUMMING, TOWN OF, PUBLIC SCHOOLS. No. 455. An Act to authorize the mayor and council of the town of Cumming, with the trustees of the Cumming Public School district, in Forsyth county, to order and have held an election by the qualified voters of said district to determine whether or not bonds shall be issued by the said district to be sold for the purpose of securing a site, erecting, acquiring and equipping a school building for the public school of said district, and to authorize the issuing of said bonds and the assessing, levying and collecting of a tax on all property, both real and personal, in said district, for the purpose of paying the interest upon said bonds, as well as the principal thereof and for other purposes. 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 from and after the passage of this Act the mayor and council of the town of

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Cumming, with the trustees of the Cumming public school district in Forsyth county, be and they are hereby authorized and empowered to order and have held an election by the qualified voters of said school district, (the town of Cumming being located and included therein) at such time as said mayor and council and trustees may designate, to determine whether or not bonds shall be issued by said town of Cumming and said Cumming public school district in a sum not to exceed twelve thousand ($12,000.00) dollars to be sold for the purpose of securing a site, erecting, acquiring and equipping a school building for the public schools of said town and district. Said election shall be held in accordance with the provisions of Sections 377 to 380 inclusive of the Code of Georgia of 1895, and any laws of this State amendatory thereof, and the ballots used in said election shall be For Bonds and Against Bonds. Cumming, election for school bonds. SEC. 2. Be it further enacted by the authority aforesaid, That should the said election be in favor of bonds for said purpose, then the mayor and council of said town of Cumming, and the trustees of said Cumming public school district shall be authorized to issue bonds of said town and district, in a sum not to exceed twelve thousand dollars in the aggregate, said bonds shall be designated as public school bonds of the town of Cumming and Cumming public school district, and shall be for the sum of five hundred dollars each, and numbered from 1 to 24 inclusive. Said bonds shall be issued in the name of the town of Cumming and the Cumming public school district, under the corporate seal of said town and the private seal of said trustees, and signed by the mayor of said town and the duly and legally elected and commissioned trustees of said school district, shall be one fourth of the amount for a ter mof five years; one fourth of the amount for a a term of five years; one fourth of the amount for a term of fifteen years; and the remaining one fourth

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of the amount for a term of twenty years, and draw interest from the date of their respective sales at the rate of six per cent. per annum, payable annually on such date as the mayor and council of said town and the trustees of said school district may fix. Bonds by whom and how issued. SEC. 3. Be it further enacted by the authority aforesaid, That when the said bonds authorized, the mayor and council of said town of Cumming and the trustees of said Cumming public school district, shall sell in such way as may seem most advantageous, and for not less than par, so much of said bonds as they may deem necessary for the purpose of securing a site, erecting, acquiring and equipping a school building for the public school of said town and district, and turn the proceeds thereof over to the treasurer of the board of trustees of said public school district. The proceeds of the bonds so sold shall be used by the mayor and council of said town and the trustees of said school district for the purpose of securing a site, erecting, acquiring and equipping a school building for the public schools of said town and district, and not otherwise. The mayor of said town and trustees of said school district shall make reports to the board of education of said county of Forsyth showing how said funds have been used. Sale of bonds and application of proceeds. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Cumming and the trustees of said Cumming public school district shall, and they are hereby authorized and empowered to annually assess, levy and collect (in conformity with the laws of this State providing for the levy, assessment and collection of taxes in school districts adopting local taxation for school purposes) a tax on all the property, both real and personal, within the limits of said Cumming public school district, in such sum as they may deem right, proper and necessary for the purpose of paying the interest on said bonds and to create a sinking fund sufficient to redeem and pay off

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said bonds at maturity thereof, and the taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said town or said school district, and shall be used only for the payment of the interest on said bonds as it may accrue, and for the creation and accommodation of a sinking fund for the payment of the principal of said bonds at the maturity thereof. Tax for sinking fund. SEC. 5. Be it further enacted by the authority aforesaid, That if any election herein provided for shall be against the issue of said bonds, the mayor and council of said town of Cumming and the trustees of said Cumming public school district may at any time after the expiration of six months from the date of the first election order another election held under the provisions of this Act, and may so continue to order elections, after the expiration of six months from the last election held hereunder, until the issuance of said bonds is authorized by the legal voters of said town and district in the manner provided by law. Other elections. SEC. 6. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not only apply to the Cumming public school district as now laid out and defined by the board of education, but shall be applicable and of force in said Cumming public school district as the same may be changed or altered from time to time by the board of education of said county of Forsyth. School district. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 17, 1908.

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CUSSETA, TOWN OF, CHARTER AMENDED. No. 499. An Act to amend the charter of the town of Cusseta, in the county of Chattahoochee, to-wit, the Act re-incorporating the town of Cusseta, approved September 29, 1891, and contained in Acts of 1890-1, Volume 2, pages 810 to 814, inclusive, so as to authorize and empower the town of Cusseta through and by its proper officers, to issue and sell the bonds of said town, not to exceed in amount the sum of five thousand dollars, for the purpose of erecting and equipping public school buildings in and for said town and to purchase sites for the same, if necessary, after the same has been approved by a two-thirds vote of the qualified voters of said town of Cusseta as provided by law; to provide for the sale of said bonds and for the payment of the principal and interest on the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act re-incorporating the town of Cusseta, in the county of Chattahoochee, approved September 29, 1891, and contained in Acts of 1890-1, Vol. 2, pages 810 to 814 inclusive, be, and the same is, hereby altered and amended, so as to confer additional powers on said town, to-wit: Cusseta, charter amended. SEC. 2. That from and after the passage of this Act, the mayor and council for the town of Cusseta, in the county of Chattahoochee, be, and they are, hereby empowered and authorized to order and have held an election by the qualified voters of said town at such time as said mayor and council may designate, to determine whether said town shall issue bonds in a sum not exceeding five thousand dollars, to be sold for the purpose of erecting, acquiring and equipping school buildings in

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said town. Said election shall be held in accordance with the provisions of Sections 377 to 380, inclusive, of the Code of Georgia of 1895, and the ballots used in said election shall be For bonds and Against bonds. Election for school bonds. SEC. 3. Be it further enacted by the authority aforesaid, That should the said election be in favor of bonds for said purpose, that the mayor and council for the town of Cusseta shall be authorized to issue the bonds of said town in a sum not to exceed the sum of five thousand dollars, in the aggregate. Said bonds shall be designated as Public School Bonds of the town of Cusseta, and shall be for the sum of $250.00 each, and numbered from one to twenty inclusive. Said bonds shall be issued in the name of said town of Cusseta by the mayor and council for said town, under its corporate seal, be signed by the mayor and clerk of council thereof, shall be for the term of twenty years and draw interest at the rate of six per cent. per annum, payable annually on such dates as mayor and council may fix. Bonds, how issued. SEC. 4. Be it further enacted by the authority aforesaid, That when the said bonds are so authorized, the mayor and council of said town of Cusseta shall sell in such way as may seem more advantageous and for not less than par, so much of said bonds as said mayor and council may deem necessary, for the purpose of erecting and equipping school buildings for the public schools of said town. The proceeds of the bonds so sold shall be used for the purpose of erecting and equipping said buildings and not otherwise, except to acquire sites for the same. Sale of bonds and use of proceeds. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council for the town of Cusseta shall, and are hereby authorized and empowered to annually assess, levy and collect a tax on all the property, both real and personal, within the corporate limits of said city, in such sum as they may deem right, proper

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and necessary for the purpose of paying the interest on said bonds and to create a sinking fund sufficient to redeem and pay off said bonds at the maturity thereof, and the taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and money belonging to said town, and shall be used solely for the payment of interest on said bonds as it may accrue, and for the creation and accumulation of the sinking fund for the payment of the principal of said bonds at the maturity thereof. Tax to pay bonds and interest. SEC. 6. Be it further enacted by the authority aforesaid, That if any election herein provided for shall be against the issue of said bonds, the mayor and council for said town of Cusseta may, at any time after the expiration of one year from the date of such an election, order another election held under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the legal voters of said town in the manner authorized by law. Other elections. SEC. 7. 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. Approved August 17, 1908. DANIELSVILLE, CITY OF, INCORPORATED. No. 534. An Act to incorporate the city of Danielsville, in Madison county, Georgia, to change the name of the town of Danielsville in the county of Madison to the city of Danielsville; to provide that all valid contracts heretofore entered into by the town of Danielsville shall

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be good and valid for or against the city of Danielsville; to provide that all property now held and owned by the town of Danielsville shall become the right and property of the city of Danielsville, and that all rights and liabilities of the town of Danielsville shall accrue to and against the city of Danielsville; to define the limits of the city of Danielsville and provide municipal power for the city of Danielsville, and provide municipal government therefor; and for other purposes. 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 from and after the passage of this Act, the territory now embraced in what is known as the Town of Danielsville, in the county of Madison, be, and the same is, hereby incorporated as the City of Danielsville, in the county of Madison, State of Georgia, and that said territory shall hereafter be known and designated as the City of Danielsville. Danielsville, town of, made city. SEC. 2. Be it further enacted by the authority aforesaid, That the officers of said town of Danielsville shall be and act as officers of the said city of Danielsville until their successors are elected and qualified, as now provided by law; and that all legal and valid contracts heretofore entered into by the proper authorities of the town of Danielsville shall be good and valid for and against the city of Danielsville, and that all property now held and owned by the town of Danielsville shall be and become the property of the city of Danielsville. Merger of town and city. SEC. 3. That the said city of Danielsville shall hereafter be governed by and subject to the same laws and ordinances that the town of Danielsville is now governed by and subject to, and the officers of said city of Danielsville shall have the same powers and duties as the officers of the town of Danielsville now have, and

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that said corporation shall hereafter be known and designated as one of the cities of the State of Georgia. Laws of town. SEC. 4. That all rights and liabilities of the town of Danielsville shall accrue to and against the city of Danielsville. Rights and disabilities of town. SEC. 5. 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. Approved August 17, 1908. DALTON, CHARTER AMENDED. No. 554. An Act to amend the Act of the General Assembly of the State of Georgia, approved September 28, 1881, authorizing the mayor and council of the city of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, under and in conformity to Section 4, Article 8 of the Constitution of Georgia, and to authorize the county school commissioners of Whitfield county to pay over to the board of trustees of said city, such part of the State school fund as may be the just pro rata share of said city. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Section 7 of the Act of said Assembly approved September 28, 1881, is hereby amended by adding to said Section 7 of said Act the following: The board of trustees elected unto this Act shall have the power to establish such number of grades for pupils in said public school as they may deem best

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for the schools. Said grades not to exceed ten in number, and shall be empowered to prescribe a course of study commonly taught in the high schools of this State, and said board of trustees shall have full power to employ teachers to teach in said grades, to fix the salaries of said teachers and to remove any teacher for cause deemed satisfactory to the trustees, so that said Section 7 of said Act of September 28, 1881, when so amended shall read That the trustees elected under this Act shall have power, and it shall be their duty, to employ teachers for said public schools, and make such laws and regulations for the government of said public schools as they may deem necessary, and the said board of trustees shall further be empowered to elect their own president and secretary, and to fill any vacancy that may occur in the said board from death, resignation or removal, and the person so appointed shall hold his office until the end of the term, and till the next regular election by the mayor and council for trustees under this Act. The board of trustees elected under this Act shall have the power to establish such number of grades for pupils in said public school, as they may deem best for the schools. Said grades not to exceed ten in number, and shall be empowered to prescribe a course of study commonly taught in the high schools of this State. And said board of trustees shall have full power to employ teachers to teach in said grades, to fix the salaries of said teachers, and to remove any teacher for cause deemed satisfactory to the trustees. Dalton, school law amended. Board of trustees, powers of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict hereto be, and the same are, hereby repealed. Approved August 17, 1908.

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DALTON, CHARTER AMENDED. No. 571. An Act to amend the several Acts incorporating the city of Dalton, Whitfield county, Georgia, to establish the office of recorder and define his duties; to change the name of the mayor's court and to enlarge the jurisdiction of said court; to authorize said city to establish, maintain and operate systems of drainage or sewerage; to divide said city into wards and to create new officers to represent the wards in the city council and provide the manner of their election; to authorize the city to build, curb, pave and park the streets and sidewalks in said city, and to regulate the use of same; to provide for the registration of voters and the holding of elections; to authorize the city to buy, build, own and operate systems of drainage and sewerage, to operate the same; and for other purposes. 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 from and after the passage of this Act the several Acts heretofore passed by the legislature creating a charter for the city of Dalton, Georgia, and the several Acts amendatory thereof, are hereby amended as follows: Dalton, charter amended. SEC. 2. Be it further enacted, That said city of Dalton shall be divided into eight wards as follows: First Ward, north of Tyler street and west of Hamilton street; Second Ward, north of Tyler street and east of Hamilton street; Third Ward, between Tyler and Crawford streets, and west of Hamilton street; Fourth Ward, between Tyler and Crawford streets, and east of Hamilton street; Fifth Ward, between Crawford and Emery streets and west of Hamilton and McCamy streets; Sixth Ward, between Crawford and Emery streets and east of Hamilton and McCamy streets; Seventh Ward, south of

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Emery and west of McCamy street; and Eighth Ward, south of Emery and west of McCamy street, a line through the center of each of the streets named to form the boundary line of the several wards. That each of said wards be entitled to one councilman, together with the mayor, to form the council of the city of Dalton, and where such street terminated, the extension of the line through the middle of said street to the city limits shall constitute the line between the wards. Wards of city. SEC. 3. Be it further enacted, That there shall be a separate voting place in each of the wards in said city, the citizens of each ward voting only for the councilman to represent such ward, and all the citizens from all the wards voting at their own voting places for the mayor, clerk, tax receiver and city treasurer. Where any person resides on the line between two wards he shall be allowed to select the ward in which he votes, and shall not change such selection without consent of the council. Voting places. SEC. 4. Be it further enacted, That the city of Dalton shall be, and is authorized to create the office of city tax receiver and fix the salary of said tax receiver, whose duty it shall be to collect and to receive all taxes, fees, license and receipts from public utilities, and all other moneys which shall be due and collectible by the city from any source whatever, and provide a suitable bond from said tax receiver. The record of such money due to be furnished him by the various other city officials, whose duty it shall be to furnish such records under the charter or ordinances in pursuance thereof, and all money collected by him to be turned over to the city treasurer, promptly as by ordinance of the council provides. Said city tax receiver to be elected for a term of two years in the manner prescribed by this amendment, provided, however, that the city council may in their discretion require the city marshal to collect and account for all street taxes, and fees, fines and fi. fas. Tax receiver.

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SEC. 5. There shall be held annually on the second Wednesday in December an election of the officers of said city, on the second Wednesday in December, 1908, and election of the clerk, treasurer and tax receiver by a general vote of all the qualified voters in said city, and one councilman each from the Second Ward, Third Ward, Sixth Ward, and Seventh Ward, for term of two years, and one councilman from the Eighth Ward to hold office for one year, by the qualified voters who have resided in each respective ward for a period of two months, and a similar election to be held for councilmen biennially thereafter and on the second Wednesday in December, 1909, an election for mayor by a general vote of the qualified voters in the city of Dalton, and one councilman each from the First Ward, Fourth Ward, Fifth Ward and the Eighth Ward by the qualified voters who have resided in each ward for a period of two months, and a similar election to be held biennially thereafter. Election of officers. SEC. 6. Be it further enacted, That whenever the mayor and council shall deem it necessary and for the best interests of this city to do so, they may elect a recorder whose duty it shall be to preside over the trials of cases in the mayor's or city criminal court, and when so elected and qualified it shall be his duty to preside over said trials under the same restrictions and regulations as are imposed upon the mayor in like capacity, said recorder to have full power to try such cases as the mayor has given under this Act, and to punish by fine or imprisonment, or to sentence to labor on the public works and the streets of the city, to impose alternate sentences of imprisonment or labor on the streets and public works of the city when convicted defendants fail or refuse to pay the fines imposed, to punish for contempts committed in the presence of the court, or in relation to cases actually being tried, when committed so near thereto or in such a manner as to interfere with the proper administration of justice, provided, however,

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that no greater amount than ten dollars shall ever be assessed as for contempt, and no person shall ever be fined for a contempt not actually committed in the presence of the court, except after at least twenty-four hours' notice to show cause at a distinct time and place why he or she should not be so punished. The recorder when so elected shall try all cases of violations of the ordinances, provided as fully and to all intents and purposes as the mayor is hereinafter empowered to do; and said recorder when elected shall be an ex-officio justice of the peace with full powers as such to issue warrants for offenders against the laws of the State of Georgia, and to bind over and commit to jail such offenders, and when it shall appear to the recorder in the course of a trial before him that a defendant then on trial has committed an offense against the laws of the State of Georgia, it shall be the duty of the recorder to bind over such defendant to a proper court under good and sufficient bond or to commit to the Whitfield county jail, the city of Dalton in no case to be liable for any of the jail fees or costs of such commitment. Recorder. SEC. 7. Be it further enacted, That said city shall have the right and full power to organize one or more chaingangs and to confine therein persons who have been sentenced by the courts of the city of Dalton to work upon the public works of the city, and shall have the power to work such persons sentenced in the public works of said city, or in the public workhouse of said city, and to make rules and regulations that may be suitable for the care and control of said gangs, and to enforce same through proper officers elected by the city council. Chaingang. SEC. 8. Be it further enacted, That the city of Dalton is authorized and empowered to employ a building inspector with authority to examine and condemn any building, shed, awning, or other structure in said city. In the event it appears that such structure is a menace

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to the health or safety of inmates, neighbors, the building inspector to have the right to take into consideration the sanitation, ventilation, combustibility and location of such building, shed, awning, etc., in forming his opinion as to whether or not such structure is a menace. In the event such building or structure should be deemed a menace to the neighborhood or city, it shall be the duty of the building inspector to condemn such building or structure, and require the owner thereof to either repair such building in the manner required by the inspector, or remove same altogether. Such condemnation of buildings or structures to be after notice has been served upon the owner or tenant of such building or structure, the form and time of the notice to be given to be controlled by such ordinances as may be hereafter passed by said city. Building inspector. SEC. 9. Be it further enacted, That at the first regular meeting of the mayor and council after the passage of this Act, or as soon thereafter as is practicable, the mayor and council shall elect by ballot three (3) registrars for said city. It shall be the duty of said registrars to supervise the registration of voters of said city. The registrars shall be upright and intelligent freeholders of said city, who are entitled to register and vote in the next ensuing city election, and shall be non-partisan as far as possible. No registrar shall be a candidate for mayor or councilman or for any office under them during his term of office. Registrars. SEC. 10. Be it further enacted, That before entering upon the performance of their duties, the registrars shall take the following oath of office: I do solemnly swear that I will faithfully and impartially perform the duties imposed by law upon me as registrar to the best of my ability and without favor to anyone, which oath shall be subscribed and sworn to and shall be filed with the clerk of the council and be entered upon his minutes.

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It shall be the duty of the registrar to hear complaints of any one who has been refused registration, and to hear complaints as to those who have illegally registered, and said registrars shall hear evidence and determine whether said registration was wrongfully refused, or was illegally allowed, and shall cause to be stricken registrations which are held to be illegal, and shall allow the registration of persons who have applied in due time and been wrongfully refused the right of registration. All sessions and hearings by said registrars shall be held in public in the regular council chamber where meetings of the mayor and council are regularly held. Said registrars may, on their own motion, review the list of qualified voters as turned over to them by the city clerk as hereinafter provided for, and may revise same by striking therefrom names illegally registered, so as to leave no one on said list who is not entitled to register. No person shall be stricken from the list by the registrars on their own motion or on complaint of any one except after due hearing as herein provided, after five days' notice to the person who it is claimed is illegally registered, which notice shall be personal if the person is in the city of Dalton, or if absent, then by leaving the notice at his residence or place of abode. Oath and duties of registrars. SEC. 11. Be it further enacted, That when the registration list has been revised by the registrars, they shall carefully and plainly make or cause to be made nine alphabetical lists exactly the same, and shall certify to the correctness of such lists, and date and sign each. One copy shall be kept by the city clerk for the inspection of all parties, and the others shall be securely sealed, marked and signed on the outside, and shall be kept by the city clerk in a secure place until the morning of the ensuing election day, when they shall be delivered to the election managers for use at the poles. Lists of voters. SEC. 12. Be it further enacted, That the clerk shall receive the registration of all voters, and on the first day

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of October, 1908, and biennially thereafter, he shall open his books for registration, and shall keep them open daily at his office until the first day of December each year, after which time it shall be unlawful for any voter to register and vote in the next ensuing election. The city clerk shall procure a book in which he shall enter the names of all voters who register, which book shall at all times be open to the inspection of the public. He shall also procure blanks containing the oaths to be subscribed by persons entitled to register which shall be the same as that prescribed in Section 36, Volume 1 of the Code of Georgia, except, that instead of the last sentence, the following shall be substituted: I further swear that I have resided in the city of Dalton for three months immediately preceding the date of this oath, or will have so resided on the second Wednesday of December; I have resided in the ward of said city for two months, or will have so resided in said ward the greater portion of said time on the second Wednesday of December; I have resided in Whitfied county for six months, and in the State of Georgia for twelve months. The blank shall be filled out and subscribed and sworn to before the city clerk, who is empowered to administer and attest the oath. It shall be the duty of the city clerk to deliver said book of registrations and oaths from which same is compiled to the registrars in due time for the performance of their duties in revising same as hereinbefore enumerated; and said registrars shall redeliver same to the clerk after the completion of their work. Registration of voters. SEC. 13. Be it further enacted, That all elections shall be held by a justice of the peace, residing in said city or by any three (3) freeholders residing in said city ward, and on the morning of the election the city clerk shall deliver to such election managers the registration lists as revised by the registrars, and the election managers shall break the seal on said lists, and shall not allow any one to vote whose name is not on said list.

Page 586

After the election the election managers shall reseal the registration lists, and after plainly marking same, and signing their names across the seal, return them to the city clerk for safe keeping. In case a special election is held for the purpose of filling an unexpired term, the said lists shall be used in the same manner as before, except that no registrations may be taken by the clerk for a period of ten days prior to the election. Election managers. SEC. 14. Be it further enacted, That any person who shall register illegally under the provisions of this Act shall be guilty of a misdemeanor, and be punished as provided by the Penal Code of the State of Georgia for such offenses, and should any city clerk or registrar wilfully refuse to allow any one to register when said person is lawfully entitled to do so, or should illegally erase any name from said list, then such clerk or registrar shall be guilty of a misdemeanor, and be punished as such. Illegal registration and denial of right. SEC. 15. Be it further enacted, That it shall be unlawful for any person to loiter or remain within fifty feet of any polling place where an election is being held for officers of said city, excepting election clerks, managers, State, county or municipal officers called in by the election managers to preserve order, and persons passing along the street on legitimate business. Loitering at election [Illegible Text] SEC. 16. Be it further enacted, That any person who shall electioneer or in any way try to influence any voter in relation to an election being held, or speak to him with a view to influencing his vote in such election, shall be guilty of a misdemeanor, and shall be punished as provided by the Penal Code of Georgia for such offenses. The provisions of this Section not to apply to election managers in the performance of their duties. Electioneering. SEC. 17. Be it further enacted, That any person who shall lead, carry, accompany or follow a voter to the polls to influence his vote or see how he is voting, shall

Page 587

be guilty of a misdemeanor, shall be punished as provided by the Penal Code of Georgia for such offenses. Electioneering. SEC. 18. Be it further enacted, That when a vacancy in the office of mayor occurs the council shall order a special election, and when a vacancy in any other elective office occurs the mayor shall order an election. Such special elections to be held under the same regulations as are provided for regular elections, except that notice thereof shall be posted in one newspaper for at least ten days before the date of the election. Vacancies. SEC. 19. Be it further enacted, That said city is hereby authorized and empowered to buy, build, own and operate systems of drainage and sewerage throughout said city, or in any particular part of said city, and shall have the right through its mayor and council to elect proper officers or agents to build and operate said systems and provide for their compensation, and to provide by ordinances for property connections with such sewerage or drainage to force such connection, to fix the charges for such connection, and force collection of same. Sewerage and drainage. SEC. 20. Be it further enacted, That all laws contained in the several Acts granting charter powers and privileges to said city, or the mayor and aldermen thereof, and the several Acts amendatory thereof, and all ordinance or ordinance or any part, clause or Section of any such Act or Acts now in force in said city, which is not in conflict with this Act, are hereby declared of full force and effect. Confirmatory clause. SEC. 21. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908.

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DAWSON, WATER AND LIGHT COMMISSION ABOLISHED. No. 411. An Act to abolish the Dawson water and light commission, to take effect January 1st, 1909, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly, approved August 20, 1906, entitled An Act to amend Section 5 of the charter of the city of Dawson, approved September 21, 1883, so as to allow the creation of a commission to be known as the Dawson water and light commission, to provide for the number and qualification of the members thereof, their election, terms of office, duties and powers, and for other purposes, be and the same is hereby repealed, this repealing Act to go into effect on January 1st, 1909, and from and after that date the said The Dawson water and light commission shall be abolished. Dawson, water and light commission abolished. 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. Approved August 14, 1908.

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DECATUR, CHARTER AMENDED. No. 347. An Act to amend the charter of the town of Decatur, in the county of DeKalb, so as to authorize the mayor and council of said town to issue bonds for the purpose of buying real estate for school purposes; for erecting thereon a building, or buildings for school purposes, and for the equipment of the same; for either or all of said purposes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the town of Decatur, in the county of DeKalb, be, and the same is, hereby amended so as to authorize the mayor and council of said town, in their discretion, to issue and sell bonds of said town, to an amount not exceeding twenty thousand dollars, in denominations of five hundred dollars each, to run for thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per centum per annum, payable semi-annually, but the mayor and council of said town shall not be authorized to issue bonds to an amount exceeding seven per centum of the assessed value of all the taxable property in said town. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, and the principal shall be paid at the maturity of said bonds. Decatur school bonds. SEC. 2. Be it further enacted by the authority aforesaid, That the proceeds of the sale of said bonds, when issued and sold, shall be appropriated and used by the mayor and council of the town of Decatur for purchasing real estate for school purposes; for erecting thereon a school building, or buildings and equipping the same, for school and educational purposes; and it shall be in

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the discretion of the mayor and council of said town to use said proceeds for either or all of said purposes. Proceeds of bonds, how use. SEC. 3. Be it further enacted by the authority aforesaid, That in the event said bonds are issued, the mayor and council of said town shall provide for the levy and collection of a special annual tax, during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semi-annually, and also sufficient to provide a sinking fund to pay off the principal of said bonds at their maturity. Tax to pay bonds and interest. SEC. 4. Be it further enacted by the authority aforesaid, That, in the event of the issue and sale of said bonds, the sinking fund above provided for, to be used for the payment of the principal of said bonds, shall be paid over annually, as it is collected, to the Decatur Sinking Fund Commission, which has been created and established by the mayor and council of said town, under and by virtue of the fourth Section of the Act amending the charter of the town of Decatur, approved July 30, 1903. Decatur Sinking Fund Commission. SEC. 5. Be it further enacted by the authority aforesaid, That upon the approval of this Act, the mayor and council of said town shall order an election held to determine whether or not said bonds shall be issued. Said election shall be held in accordance with the provisions of Sections 377, 378, and 379 of the Code of Georgia, 1895, Volume I. Before said election is held the mayor and council of said town shall provide for a special registration of the qualified voters of said town for the purpose of determining the number of said qualified voters. Election for bonds. SEC. 6. Be it further enacted by the authority aforesaid, That those who favor the issue of said bonds shall have written or printed on their ballots For school bonds, and those who are opposed to the issue of said bonds shall have written or printed on their ballots Against school bonds. Ballots.

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SEC. 7. Be it further enacted by the authority aforesaid, That should two-thirds of the qualified voters of said town fail to vote in favor of the issue of said bonds, then the mayor and council of said town may order other elections on the same question, from time to time; provided, that elections thereon shall not be held oftener than once in twelve months. Other elections. SEC. 8. 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. Approved August 6, 1908. DECATUR, CHARTER AMENDED. No. 348. An Act to amend the charter of town of Decatur, in the county of DeKalb, so as to authorize the mayor and council of said town to issue bonds for the purpose of enlarging and extending the system of waterworks of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the town of Decatur, in the county of DeKalb, be, and the same is, hereby amended so as to authorize the mayor and council of said town, in their discretion, to issue and sell bonds of said town, to an amount not exceeding twenty thousand dollars, in denominations of five hundred dollars each, to run for thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per centum per annum, payable semi-annually; but the mayor and council of said town shall not be authorized

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to issue bonds to an amount exceeding seven per centum of the assessed value of all the taxable property in said town. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, and the said principal shall be paid at the maturity of said bonds. Decatur, waterworks bonds. SEC. 2. Be it further enacted by the authority aforesaid, That the proceeds of the sale of said bonds, if issued, shall be applied and used by the mayor and council of said town for the purpose of extending and enlarging the system of waterworks of said town. Proceeds of bonds, how used. SEC. 3. Be it further enacted by the authority aforesaid, That, in the event said bonds are issued, the mayor and council of said town shall provide for the levy and collection of a special annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually, and also sufficient to provide a sinking fund to pay off the principal of said bonds at their maturity. Tax to pay bonds and interest. SEC. 4. Be it further enacted by authority aforesaid, That in the event of the issue and sale of said bonds, the sinking fund above provided for, to be used for the payment of the principal of said bonds, shall be paid over annually, as it is collected, to the Decatur Sinking Fund Commission, which has been created and established by the mayor and council of said town under and by virtue of the fourth Section of the Act amending the charter of the town of Decatur, approved July 30, 1903. Decatur Sinking Fund Commission. SEC. 5. Be it further enacted by the authority aforesaid, That, upon the approval of this Act, the mayor and council of said town shall order an election held to determine whether or not said bonds shall be issued. Said election shall be held in accordance with the provisions of Sections 377, 378 and 379 of the Code of Georgia, 1895, Volume 1. Before said election is held the mayor and council shall provide for a special registration of

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the qualified voters of said town for the purpose of determining the number of said qualified voters. Election for bonds. SEC. 6. Be it further enacted by authority aforesaid, said, That those who favor the issue of said bonds shall have written or printed on their ballots For waterworks bonds, and those who are opposed to the issue of said bonds shall have written or printed on their ballots Against waterworks bonds. Ballots. SEC. 7. Be it further enacted by authority aforesaid, That should two-thirds of the qualified voters of said town fail to vote in favor of said bonds, then, the mayor and council of said town may order other elections thereon, from time to time; provided, that such elections shall not be held oftener than once in twelve months. Other elections. SEC. 8. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1908. DIXIE, TOWN OF, INCORPORATED. No. 569. An Act to incorporate the town of Dixie, in the county of Brooks; to define the corporate limits thereof; to provide for a mayor and council; to prescribe their powers and duties and the manner of their election; to establish a system of public schools for the town of Dixie; to provide for the support of the same by taxation, and otherwise; to authorize and require the State School Commissioner to pay to the mayor and council of said town the pro rata of the State school

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fund to which the said town would be entitled under the general law, and for other purposes. 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 the town of Dixie in the county of Brooks be, and the same is, hereby incorporated as a town under the name of the town of Dixie. Dixie, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town be as follows: commencing at the original land line between lots Nos. 509 and 510 in the 13th land district of said county, at the east edge of the right of way of the Dixie and Grooverville public road, and running in a northerly direction west of the residences of F. W. Nix, W. R. Talley, estate of J. O. Branch, and D. A. Royal a sufficient distance to include the said residences in the incorporation to the south edge of the right of way of the public road known as the Thomasville road; then in a southeastern direction along the said edge of right of way, to the north line of the W. F. Curry place, then east along said line to the northeast corner of said Curry place; then in a southeastern direction across the Paxton place to the northeastern corner of G. W. Austin's tract of land in lot No. 526 in the 12th land district of Brooks county, then due south to the original line between lots of land Nos. 526 and 527, then west along said original line to the starting point in the 13th district of said county. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said town shall be a mayor and five councilmen, who are hereby constituted a body corporate, under the name and style of the town of Dixie, and by that name and style shall have perpetual succession, and a common seal, may sue and be sued, plead and be impleaded, purchase and hold such estate, real and personal, as may be necessary for the good order, government and welfare of said

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town, and sell, alien or lease such estate, real or personal, as may seem fit and proper to said mayor and council. Mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Thursday in November, 1908, and annually thereafter, an election shall he held for mayor and councilmen of said town, which election shall be held by a justice of the peace and two freeholders, or by three freeholders, residents of said town and not candidates in said election. The managers shall conduct all elections as nearly as practicable as elections for members of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be open at some convenient and accessible place in said town at 9 o'clock a. m., and be closed at 4 o'clock p. m. The managers at all elections shall take and subscribe before any officer authorized to administer an oath, and in the absence of such officer in the presence of each other, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by the charter of the town of Dixie to hold the same; that we will make just and true return thereof, and not knowingly permit any one to vote unless we believe him to be entitled to do so under the charter of said town, or knowingly prevent anyone from doing so who is so entitled, and that we will not divulge for whom any vote was cast, unless called upon under the law to do so, so help me God, within five days after said election the said managers shall issue to the newly-elected mayor and councilmen a certificate of election to each of the persons elected, showing to what office said person was elected. Election for mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties, the mayor and councilmen shall take and subscribe before any officer authorized to administer oaths,

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the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor or councilmen, as the case may be, of the town of Dixie, to the best of my ability, so help me God. Oath of mayor and councilmen SEC. 6. Be it further enacted by the authority aforesaid, That after the first election held under the charter no person shall be allowed to vote in any election in said town who has not duly registered, as hereinafter provided, nor shall any person be allowed to vote in said first election who has not been a bona fide resident of said town at least sixty days prior to said election, nor who is not qualified to vote for members of the General Assembly. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said town to open registration book or books, thirty days before each regular election, for the registration, of the qualified voters of said town, which book or books shall be kept open from 9 o'clock a. m., till 12 o'clock m., and from 2 p. m., to 4 p. m. each day except Sundays and legal holidays until five days before the elections, when said book or books shall be closed. It shall be the duty of said clerk to administer to any person applying to register the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia twelve months, and in the town of Dixie sixty days before the date of the next town election, that you are twenty-one years old and have paid all taxes due the town of Dixie, and that you have made all returns required of you by the ordinances of said town, so help you God; upon which said clerk shall register the name, age and occupation of said person, said clerk shall, on the day of each election furnish the election managers with a list of the registered voters of said town. Registration of voters. SEC. 8. Be it further enacted by the authority aforesaid, That any person voting at any election of said

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town who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in Section 1039 of Volume 3 of the Code of 1895 of this State. Illegal voting. SEC. 9. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of mayor and councilmen unless he is over the age of twenty-one, a citizen of the United States and of Georgia, and shall have resided in the town of Dixie at least six months before his election. Qualifications of mayor and councilmen. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to elect a marshal and clerk, and prescribe the duties of each, to fix their salaries and require of them such bond as they may deem necessary. Marshal and clerk. SEC. 11. Be it further enacted by the authority aforesaid, That the officers elected in said town of Dixie shall hold their offices until their successors are elected and qualified. Terms of officers. SEC. 12. Be it further enacted by the authority aforesaid, That any vacancy that may occur from any cause in the office of mayor and councilmen shall be filled by the appointment by the council among the citizens of the town eligible under the charter of the same. Vacancies. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor of the town shall receive such compensation for his service as may be fixed by the council, which shall not be increased or diminished during his term of office. Salaries. SEC. 14. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be necessary for the good government, peace, order and health of said town and for the

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enforcement of all powers herein granted; provided, that they are not repugnant to the Constitution and laws of the State of Georgia or of the United States. General welfare. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to levy a tax, not to exceed one-half of one per cent. on all property, real or personal subject to the State tax within the corporate limits of said town, for the purpose of paying the expense of said town and for the system of public schools hereinafter provided for. They shall also have the power and authority to require all persons subject to road duty under the laws of this State to work on the streets and sidewalks of said town, but they may receive in lieu thereof such commutation fee as said mayor and council may prescribe. Ad valorem tax. Street work and commutation tax. SEC. 16. Be it further enacted by the authority aforesaid, That whenever anything for which State license is required shall be done within said town, the mayor and council may require a town license therefor, and may impose a tax thereon for the use of the town. They shall have power to license and regulate the management of hotels, private boarding houses, livery stables, private and public transportation through the town; and in addition to the ad valorem tax provided for by law, to levy a tax on all billiard tables, tenpin or ninepin alleys, and tables and alleys of any other kind used for the purpose of playing on with balls or pins, or both, within said town, and on all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or by turning a reel or wheel, or by using any other artifice or contrivance. They shall also have power to tax all shows taxed by the laws of the State, which may exhibit within said town, and said mayor and council shall have full power to pass all ordinances necessary to carry into effect the provisions of this Section. Specific taxes and licenses.

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SEC. 17. Be it further enacted by the authority aforesaid, That there shall be a lien on all real estate within said town for the town taxes assessed thereon and for all other fines or penalties assessed or imposed upon the owners thereof by the authorities of said town from the time the same are assessed, which shall have priority over all other liens, except for taxes due the State and county and may be enforced in the same manner as now prescribed by law, for the enforcement of the liens for county taxes, or in such manner as the mayor and council may by ordinance prescribe. Liens for dues to town. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law or regulations of said town by fine, imprisonment or work on the streets of said town, one or more of said punishments, provided, said fine shall not exceed $50.00, and such imprisonment or time of labor shall not exceed thirty days. Arrests, trials and punishments of offenders. SEC. 19. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to elect a mayor pro tem., who shall perform all the duties and exercise all the powers of the mayor when from any cause the latter can not be present to perform the duties of the office. Mayor pro tem. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to provide by ordinance for the collection of all taxes, moneys, and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Fi. fas. for taxes, etc. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor shall have the power to try, sentence and punish all offenders against the laws of said town; to compel attendance of witnesses; to examine them under oath; to admit any offender to bail or commit him to the guard house or county jail. Mayor's court.

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SEC. 22. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer thereof; he shall see that the orders, by-laws, ordinances, Acts and resolutions of the mayor and council are faithfully executed; he shall be an exofficio justice of the peace in said town and shall exercise all the powers vested by law in justices of the peace with reference to the penal laws; he may appoint a special police when he may deem it necessary, of whom he shall have full control; he shall have power to issue executions for all fines, penalties and costs imposed by him. Mayor, powers of. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the right to provide for the annual return of property, both real and personal for taxes by the citizens and tax payers of said town, and shall have the right to supervise all the returns thus made and fix a just valuation on such property subject to taxation in said town; revise said returns and double tax all persons failing or refusing to make returns of their property as aforesaid. Tax returns. SEC. 24. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to declare and abate nuisances. Nuisances. SEC. 25. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to issue bonds for public improvements in said town, subject to limitations and regulations in such cases provided by the general law of the State of Georgia. Bonds. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power to devise, design and adopt a system of public instruction in said town and shall have exclusive jurisdiction of all the schools established under said system, and shall be authorized to modify the same from time to time, as circumstances may require; to appoint,

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remove or support teachers in said schools in their discretion; to fix salaries for such teachers; to prescribe a curriculum in said schools; to make such by-laws, rules and regulations for the government and control of said schools as they think proper. Public schools. SEC. 27. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council to prepare and furnish to the State school commissioner each year a list of all the pupils in attendance on said schools entitled to the State school fund, and the said State school commissioner shall pay over to said mayor and council such proportion of said educational fund as said pupils are entitled to under the general school law. Pro rata share of State school fund. SEC. 28. 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. Approved August 17, 1908. DOUGLAS, CHARTER AMENDED. No. 331. An Act to amend an Act creating a new charter for the city of Douglas, approved December 20th, 1899, and the several Acts amendatory thereto, by authorizing said city to increase its bonded indebtedness and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act creating a new charter for the city of Douglas, approved December 20th, 1899 and the several Acts amendatory thereto, be and the same are hereby amended as follows: Douglas, charter amended.

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SECTION 1. That the mayor and aldermen of said city be and they are hereby authorized, in their discretion, to issue and sell twenty thousand ($20,000.00) dollars of bonds of said city in denominations of five hundred ($500.00) dollars each running for thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five (5%) per centum for annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard weight and fineness; the interest to be payable annually. The principal to be paid at the maturity of said bonds, provided that the qualified voters of the city of Douglas assent to the issue of said bonds at an election to be called by the mayor and aldermen of said city, the city having the right it is hereby declared and enacted to call said election. In the event said bonds are issued, the mayor and aldermen of the city of Douglas shall provide for the collection of an annual tax during the life of said bonds sufficient to raise the funds to pay the interest on said bonds annually during the said period, and also, to provide a sinking fund to pay off the principal of said bonds at their maturity, said bonds shall be denominated School Bonds and the proceeds for the sale of said bonds if issued and sold, shall be used exclusively for the purpose of purchasing, building and maintaining school property for said city, and the mayor and aldermen of the said city of Douglas are hereby authorized and empowered, in their discretion, to purchase property already improved taking title thereto in the city of Douglas, or if they see proper and deem it for the best interests of said city, they may purchase unimproved property, and they are hereby empowered to make such improvements on any property which they may purchase for said city as they may deem for the best interest of said city. School bonds. SEC. 2. That the mayor and aldermen of said city be and they are hereby authorized to issue and sell fifteen thousand ($15,000.00) dollars of bonds of said

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city in denomination of five hundred ($500.00) dollars each (same being in addition to the bonds authorized by Section 1 of this Act), said bonds running for thirty (30) years from the date of their issue and to bear interest at the rate not exceeding five (5%) per centum per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable annually and the principal to be paid at the maturity of said bonds, provided that the qualified voters of the city of Douglas assent to the issue of said bonds at an election to be called by the mayor and aldermen of said city, at such time as they may provide, the city having the right, it is declared and enacted to call said election. In the event said bonds are issued, the mayor and aldermen of said city of Douglas shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest of said bonds annually during said period, and, also to provide a sinking fund to pay off the principal of said bonds at their maturity, said bonds to be denominated Light and Water Bonds, the proceeds of the sale of said bonds provided for in this Section, if issued and sold to be applied only to improvements and additions to the system of electric light and waterworks of said city and the extension of water mains within the corporate limits of said city. Light and water bonds. SEC. 3. The aggregate amount of bonds of said city hereby authorized to be issued for school purposes and for extending the system of electric light and waterworks shall be thirty five thousand ($35,000.00) dollars and shall be in addition to the bonds heretofore issued by said city of Douglas. Limit of bond issue. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved July 30, 1908.

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DOUGLASVILLE, CHARTER AMENDED. No. 379. An Act to amend an Act approved August 26th, 1891, creating a new charter for the town of Douglasville, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That an Act approved August 26th, 1891, creating a new charter for the town of Douglasville, be and the same is hereby amended in the following particulars: Section 24 is stricken in toto, and in lieu thereof the following is substituted, to-wit: The terms of all the members of the board of trustees of the schools of said town shall expire at the date of the next regular election for mayor and councilmen for said town to be held in the year, 1909, and on said date the successors to the incumbents of said office shall be elected by the voters of said town for the term of two years, and thereafter bienially for the same term. Vacancies shall be filled for any unexpired term by the council. The trustees shall elect from their number a chairman. Douglasville, board of trustees for schools. SEC. 2. Be it further enacted by the authority aforesaid, That Section 25 of the Act above referred to be amended by striking from the end of said Section the words And chairman of the same so that said Section shall read as follows: Section 25. Be it further enacted by the authority aforesaid that the mayor of said town shall be ex-officio a member of the said board of trustees. Mayor ex-officio member of board. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same are hereby, repealed. Approved August 11, 1908.

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DUBLIN, CHARTER AMENDED. No. 373. An Act to amend an Act, entitled an Act, to create a new charter for the city of Dublin in the county of Laurens and State of Georgia, approved August 22nd, 1905, to extend and change the incorporate limits of said city. To give the mayor and council right of eminent domain. To provide for the mayor and council furnishing lights and water outside of the city limits. To require the mayor and council annually to employ a competent accountant to examine the books of the city for other purposes. SECTION 1. Be it enacted by the Generally Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 2 of said Act be amended by striking all of said Section, and substituting in lieu thereof, Section 2, which will read as follows: Be it further enacted that the incorporate limits of the city of Dublin, shall begin at a point on the western banks of the Oconee river one mile in an easterly direction from the courthouse of Laurens county, Georgia, where said line reaches now said river in said direction, and shall run from said beginning point, along the present lines of said incorporate limits in a southwesterly direction to where the present city limits now cross and intersect South Jefferson street, and thence from South Jefferson 66 degrees and 55 minutes west, 2289 feet; thence south 48 degrees and 55 minutes west, 1249 feet; thence south 43 degrees and 30 minutes west, 934 feet; thence south 95 degrees and 28 minutes west, 1535 feet; thence north 46 degrees and 30 minutes west, 3958 feet; thence north 13 degrees and 30 minutes west, 1183 feet; thence north 26 degrees and 55 minutes west, 2336 feet; thence north 7 degrees west, 480 feet; thence north 34

Page 606

degrees and 4 minutes east, 3955 feet; thence north 37 degrees and 50 minutes west, 10,085 feet; thence north 28 degrees, 0 minutes east, 287 feet; thence south 47 degrees and 15 minutes east, 1000 feet; thence north 51 degrees, east, 3975 feet; thence north 22 degrees and 30 minutes east, 794 feet; thence south 81 degrees and 30 east, 2716 feet; thence south 49 degrees and 4 minutes east, 2716 feet; thence south 49 degrees and 4 minutes east, 3384 feet, to westerly banks of oconee river in a northeasterly direction from said Laurens county court-house in the city of Dublin; thence along the western banks of said Oconee river to the starting point. Dublin, corporate limits. SEC. 2. Be it further enacted, That the mayor and council of the city of Dublin, shall have the right to make contracts with persons, firms or corporations residing beyond the city limits, to furnish said firms, persons and corporations, water or light, or water and light when the same will not interfere with the furnishing of lights and water to the inhabitants of the city of Dublin. Water and lights beyond corporate limits. SEC. 3. Be it further enacted, That it is hereby made the duty of the mayor and council of said city to employ annually, a competent accountant who shall examine the books relating to the affairs of the city. The salary to be paid said accountant to be fixed by the mayor and council. Inspection of books. SEC. 4. Be it further enacted, That all the territory added to the said city limits by this Act, shall be taxed as farm land with privilege of owners to keep stock thereon as long as the same is used as farm lands, but when same or any part thereof is cut up into lots, it shall be taxed and controlled as other city property. Tax on land. SEC. 5. Be it further enacted, That Section 54 of said Act be amended by adding after the word alleys in the last line, the following words, and shall have full power and authority to condemn property for the purpose of

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laying out new streets and alleys, and for widening, straightening and grading, or in any way changing the street lines and sidewalks of said city, and when the mayor and council shall desire to exercise the power and authority granted in this Section, it may be done whether the land to be condemned, is in the hands of the owner, trustee, executor, administrator, guardian or agent, in the manner provided by Sections 4657, 4685 inclusive of Volume 2 of the Code of Georgia of 1895 and Acts amendatory thereof. The mayor and council may abandon such proceedings at any time upon payments of accrued cost. The mayor and council shall have full power and authority to remove or cause to remove any buildings, steps, fences, gates, posts, or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provision of this Section, by appropriate ordinances so that said Section when amended, shall read as follows: Condemnation for streets, etc. Be it further enacted, That the mayor and council shall have full power and authority to regulate, lay out, direct and control the streets and alleys of the city, and grading of the same; to open new streets and alleys, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening and grading, or in any way changing the street line and sidewalks of said city, and when mayor and council shall desire to exercise the power and authority granted in this Section, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent in the manner provided by Section 4657-4685 inclusive, of Volume 2 of the Code of Georgia 1895, and Acts amendatory thereof. The mayor and council may abandon such proceedings at any time upon payment of accrued cost. The mayor and council shall have full power and authority to remove, or cause to be removed, any building, steps,

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fences, gates, posts, or other obstruction, or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provision of this Section by appropriate ordinances. Condemnation for streets, etc. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 11, 1908. EAST LAKE, TOWN OF, INCORPORATED. No. 393. An Act to incorporate the town of East Lake, in the county of DeKalb, State of Georgia; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on the same, and for other purposes. SECTION 1. Be it enacted by the Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That after the passage of this Act, the town of East Lake, in the county of DeKalb, be, and it is hereby incorporated as a town under the name and style of the town of East Lake, provided, however, that the incorporation thereof shall not in any way affect any school districts heretofore or hereafter created or the right of such district to levy tax in said town. East Lake, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall embrace: All that tract or parcel of land situated, lying and being in land lots 181, 182 and 204, of the 15th district of DeKalb county, Georgia, commencing at a point

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on the western boundary line of land lot 181, two hundred (200) feet north of the southwest corner of said land lot, at a point where said land lot line is intersected by the southern side of West Lake street, running thence north, along said land lot line, twenty one hundred and fifty (2,150) feet, more or less, to a point where said land lot line is intersected by the northern side of East Fair street, running thence east, along the northern side of East Fair street, four hundred and seventy (470) feet, more or less, to the northwest corner of East Fair street and Hampton avenue; and running thence north along the western side of Hampton avenue two hundred feet, more or less; running thence east nineteen hundred feet (1,900) more or less, parallel to East Fair street, to the eastern boundary line of land lot 204; running thence south, along said land lot line, two hundred (200) feet, more or less, to the northern side of said East Fair street; and running thence east, along the northern side of said East Fair street, twelve hundred and sixty (1,260) feet, more or less; thence running south twenty one hundred and fifty (2,150) feet, more or less, to a point on the southern side of East Lake street, which is the northeast corner of block fifty-seven; running thence west, along the southern side of East and West Lake streets (the same being in reality one continuous street) thirty six hundred and thirty (3,630) feet, more or less, to point of beginning. The streets and avenues, lots and blocks, above mentioned appear upon the plat of the East Lake property, which plat is recorded in Deed Records of DeKalb county, Georgia. Corporate limits. SEC. 3. Be it further enacted, That the government of said town shall consist of a mayor and two councilmen, and that Thos. B. Paine be, and he is hereby appointed mayor of said town, and F. G. Byrd and T. C. Crawford are hereby appointed councilmen thereof to hold office until the election and qualification of their successors in office. Mayor and councilmen appointed.

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SEC. 4. Be it further enacted, That on the second Saturday in September, 1910, and biennially thereafter on the same day in the same month, an election shall be held in said town for a mayor and councilmen, said election to be held under such supervision, rules and regulations as the council may prescribe. Election of mayor and councilmen. SEC. 5. Be it further enacted, That all persons who have been bona fide residents of said town for thirty days next preceding an election held therein, and who are qualified to vote for members of the General Assembly shall be allowed to vote at any election held in said town. Voters. SEC. 6. Be it further enacted, That said mayor and councilmen shall have the power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause he can not be present to perform the duties of his office; also to fill any vacancy that may occur in the office of mayor or councilmen or any subordinate office of said town. Mayor pro tem. Vacancies. SEC. 7. Be it further enacted, That the said mayor and council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary to the good government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violations of such rules, ordinances, by-laws and regulations, and enforce such penalties when they have been fixed. General welfare. SEC. 8. Be it enacted by the authority aforesaid, That the said mayor and council shall have power to elect a town marshal and such other town officers as they may deem necessary for the purpose of carrying into effect the purposes of this Act, and that said town

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marshal, the mayor or councilmen may arrest without warrant any person guilty of a violation of the ordinances of said town or reasonably suspected thereof, and bring the offender before the mayor's court for trial. To this end said town marshal, mayor or councilmen, as the case may be, may summon any of the by-standers as a posse to assist in such arrest. Marshal, arrest and trial of offenders. SEC. 9. Be it further enacted, That said mayor or mayor pro tem., shall be authorized to try any person charged with a violation of the ordinances of said town and to punish offenders by a fine not to exceed fifty dollars or imprisonment not to exceed thirty days, either or both. Penalties. SEC. 10. Be it further enacted, That said mayor or mayor pro tem., acting in a judicial capacity, shall have concurrent jurisdiction with justices of the peace in this State in all criminal matters that may originate within the corporate limits of said town, may issue warrants and hold courts of inquiry and bind over offenders to courts of competent jurisdiction. Mayor, ex-officio a justice of the peace. SEC. 11. Be it further enacted, That the said town of East Lake acting through its mayor and general council be and it is hereby authorized and empowered to condemn land for parks for the use of the public. If the town authorities and the property owners can not agree upon a price to be paid for the land which is condemned an arbitration shall be had in accordance with Sections 4485 to 4509, both inclusive, of the Code of Georgia of 1895. If the owner of the land which is condemned refuses to act, or can not be found, and the land is not returned for taxation, or is a minor, or insane, upon the fact being made to appear to the ordinary of DeKalb county he shall appoint an arbitrator for such owner. Condemnation for parks. SEC. 12. Be it further enacted, That all laws and

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parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 14, 1908. EAST POINT, NEW CHARTER. No. 558. An Act to amend an Act entitled An Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8th, 1891, and the several Acts amendatory thereto, so as to authorize and provide as follows: That the mayor and common council of said town of East Point shall be authorized and empowered to purchase, build, contract for, establish and maintain a system of waterworks, and also a system of sewerage and drainage, and also an electric light plant or system, for said town of East Point; to furnish water and electrical current to private parties and charge and collect for some; to issue and sell bonds of said town of East Point to the amount of fifty thousand

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dollars from the proceeds of which said town of East Point may build, contract for, establish and maintain a water works system for said town of East Point; to authorize and empower the mayor and common council of said town to issue and sell bonds of said town of East Point to the amount of twenty thousand dollars from the proceeds of which said town of East Point may purchase, build, contract for, establish and maintain a system of sewerage or drainage for said town of East Point; to authorize and empower said town of East Point to issue and sell bonds of said town of East Point to the amount of fifteen thousand dollars from the proceeds of which said town of East Point may purchase, build, contract for, establish and maintain an electric light plant for said town of East Point; to authorize the levying and collection of a tax on all property in said town for the purpose of redeeming any and all bonds issued under this Act, and paying interest thereon, and providing a sinking fund for the redemption of said bonds at maturity; to provide for submitting the question of issuing any and all bonds herein authorized to the qualified voters of said town; to authorize the condemnation of property, both in and out of said town, and the doing of all things necessary and incident to the building and operation of said system of water works, and said system of sewers and drains, and said electric light plant; and the issuing and sale of said bonds; to provide a sinking fund commission for said town; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act entitled An Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8th, 1891, and the several Acts amendatory thereto, be and the same are hereby amended as follows: SECTION 1. That the mayor and common council of said town of East Point be and they are hereby authorized and empowered to purchase, build, contract for, establish and maintain a system of waterworks for said town of East Point, for all usual and incident to waterworks systems for municipal corporations, and to furnish water to private parties and charge and collect for same, and generally to manage and conduct said waterworks system as the mayor and common council of said town may, in their discretion, deem best and proper. East Point, waterworks system. SEC. 2. That the mayor and common council of said town of East Point be and they are hereby authorized

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and empowered to purchase, build, contract for, establish and maintain a system of sewerage and drainage for said town of East Point within or without the limits of said town, and as in their discretion they may deem best and proper. Sewerage. SEC. 3. That the mayor and common council of said town of East Point be and they are hereby authorized and empowered to purchase, build, contract for, establish and maintain an electric light plant, or a system of furnishing light, heat and power by electricity for said town, and to furnish private parties with electrical current for such purposes as the same may be practicable, and charge and collect for same and generally to operate and maintain said electric light plant as in their discretion they may deem best and proper. Electric light plant. SEC. 4. That the mayor and common council of said town of East Point be and they are hereby authorized, in their discretion, to issue and sell fifty thousand dollars of bonds of said town of East Point, in such denominations as they may deem proper, running for not more than thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five (5) per cent. per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided, that the qualified voters of said town of East Point assent to the issue of said bonds as provided by law, at an election to be called by the mayor and common council, at such time as they may deem proper, and in accordance with the general law for such election. In the event said bonds are authorized and issued, the mayor and common council of said town of East Point shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said

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bonds semi-annually during said period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, building, contracting for, establishing and maintaining a system of waterworks for said town, as authorized in Section 1 of this Act. Bonds for waterworks. SEC. 5. That the mayor and common council of said town of East Point be and they are hereby authorized, in their discretion, to issue and sell twenty thousand dollars of bonds of said town of East Point, in such denominations as in their discretion they may deem best, running not longer than thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five (5) per cent. per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided, that the qualified voters of said town of East Point shall assent to the issue of said bonds as provided by law at an election to be called by the mayor and common council of said town, at such time as in their discretion they may deem proper, and in accordance with the general law for such election. In the event said bonds are issued, the mayor and common council of the town of East Point shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period; and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, building, contracting for, establishing and maintaining a system of sewerage and drainage for said town of East Point, as provided in Section 2 of this Act. Bonds for sewerage.

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SEC. 6. That the mayor and common council of said town of East Point be and they are hereby authorized, in their discretion, to issue and sell fifteen thousand dollars of bonds of said town of East Point, in such denominations as they may deem best, running not longer than thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five (5) per cent. per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness; the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; shall not be sold below par; provided, that the qualified voters of said town of East Point assent to the issue of said bonds, as provided by law, at an election to be called by the mayor and common council of said town of East Point, at such time as in their discretion they may deem proper, and in accordance with the general law for such elections. In the event said bonds are issued, the mayor and common council of said town of East Point shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period; and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, building, contracting for, establishing and maintaining an electric light plant or system of furnishing electrical current for light, heat and power as authorized in Section 3 of this Act. Bonds for electric lights. SEC. 7. That said town of East Point be and it is hereby authorized and empowered to purchase, hold, condemn and acquire any and all property within and without the incorporate limits of said town of East Point, necessary or expedient, in the discretion of the mayor and common council of said town, for the purpose of erecting, acquiring and maintaining a waterworks

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system, and also a system of sewerage and drainage, and also an electric light plant, and for any and all other purposes necessary or expedient for the good of the town, as in their discretion the mayor and common council of said town shall deem proper; provided, that in case of condemnation of private property, as authorized hereunder, the course of procedure shall be that authorized under the general law of the State for condemnation of private property. Purchase or condemnation of property for public utilities. SEC. 8. That the mayor and common council of said town of East Point be and they are hereby authorized and empowered to do and perform any and all things necessary and incident to the building and operation of said system of waterworks, and said system of sewers and drains, and said electric light plant; and to do and perform any and all things necessary, usual and incident to the issuing and the sale of each and all of the bonds authorized under this Act; and generally to do and perform all things usual, incident and necessary to the acts and things authorized under this Act, so as to authorize the issuing and sale of each and all of the bonds herein referred to, and the operation of said waterworks system, and also said system of sewers and drains, and also said electric light plant, and as is usual, necessary and incident to the operation of such plants by municipal corporations. Construction and operation of public utilities. SEC. 9. That a sinking fund commission of the town of East Point is hereby created, to be composed of three citizens of said town who are freeholders, to be chosen by the mayor and council as follows: The mayor and council, as soon as practicable after the passage of this Act, shall select from the citizens of said town three commissioners, one to serve one year, or until his successor is elected and qualified; and one to serve two years, or until his successor is elected and qualified; and one to serve three years, or until his successor is elected and qualified; and the successor of each of those first

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appointed shall hold office for three years, or until their successors are elected and qualified; and at the expiration of the term for which each commissioner is appointed, his successor shall be elected by the mayor and council. The members of said commission shall in no way be connected with the municipal government of said town. The commissioners shall select from their number a chairman who shall serve as chairman for one year, or until his successor is elected and qualified. The clerk of said town shall be ex-officio clerk of said board, and shall keep a correct record of all its proceedings. The treasurer of said town shall keep a correct account of the receipts and disbursements of said board of commissioners. Said records and accounts shall be kept in books separate from the other books of the municipality. The said commission shall handle and control such sums as shall from time to time be turned over to it for the purpose of raising a sinking fund for the final redemption of the bonds of said town which now exist, or which may hereafter exist, and also to provide for the payment of interest thereon. The treasurer of said town shall, upon his official books, open an account with said commission and pass to their credit all of the money collected by said town to pay the bonded debt of said town and the interest thereon, as soon as such funds are collected, and shall keep said funds so received separate and distinct from the general funds of said town, and shall pay the same or any part thereof upon demand, and as may be required, to said commission upon their warrant, signed by the chairman of said board. The fund for any specific bonded indebtedness shall be kept separate and distinct from all other funds. The commissioners shall keep a record of all their proceedings, and the clerk of said town, who is ex-officio clerk of said commission, shall exhibit said records to the mayor and council whenever called upon by them to do so. It shall be the duty of the common council of said town to cause to be paid over to said sinking fund commission the

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sinking fund now in hand for outstanding bonds, and also all taxes levied and collected each year for the purpose of providing a sinking fund, or sinking funds, for the payment of all outstanding bonds of said town, and for the purpose of providing funds for the payment of all bonds which may be hereafter issued, and for the payment of interest on all outstanding bonds of said town, and on all bonds which may be hereafter issued by said town, to be held, controlled, and disposed of by said sinking fund commission as herein provided. Sinking Fund Commission. SEC. 10. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. EATONTON, CHARTER REPEALED. No. 344. An Act to repeal an Act of the General Assembly, approved August 29, 1879, and the several Acts amendatory thereto, constituting the present charter of the city of Eatonton, and for other purposes. 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 an Act of the General Assembly, approved August 29, 1879, entitled An Act to create a city government for the town of Eatonton, in Putnam county, and to confer upon the authorities thereof certain powers in lieu of the present town government, and for other purposes, and the several Acts amendatory thereto, all constituting the present charter of the city of Eatonton, in Putnam county, be, and the same are, hereby repealed. Eatonton, charter repealed.

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SEC. 2. Be it further enacted by the authority aforesaid, That nothing in this Act shall operate to repeal the several local Acts creating and authorizing a system of public schools for said city of Eatonton. Public schools. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill to be entitled An Act to create and establish a new charter for the city of Eatonton, to declare the rights, powers and privileges of said corporation, and for other purposes, shall have been passed, approved and become a law. New charter. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 5, 1908. EATONTON, NEW CHARTER. No. 343. An Act to create and establish a new charter for the city of Eatonton, to declare the rights, powers and privileges of said corporation, and for other purposes. 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 the name of the corporation shall be City of Eatonton, and by such, its corporate name, it shall have perpetual existence, shall sue and be sued, plead and be impleaded, and do all other acts relating to its corporate capacity. It shall have and use a common seal, and shall succeed to all the rights and

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liabilities of the Mayor and City Council of Eatonton. Eatonton, city of, new charter. SEC. 2. The corporate limits shall be and remain as fixed and established by an Act approved August 29, 1879, entitled An Act to create a city government for the town of Eatonton, in Putnam county, and to confer upon the authorities thereof certain powers in lieu of the present town government and for other purposes, said limits as so fixed and established extending one mile in every direction from the courthouse. Corporate limits. SEC. 3. The municipal government shall consist of a mayor and six (6) aldermen, elected from the city at large, and such other officers, servants or agents hereinafter enumerated as said mayor and aldermen shall, from time to time, lawfully elect or employ, or as shall be elected, as hereinafter provided. Mayor and aldermen. SEC. 4. The mayor and aldermen shall constitute the board of council, and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation, and not otherwise specifically delegated. Governing body. SEC. 5. The mayor shall be elected by popular vote, as hereinafter prescribed, and shall hold office for two (2) years, and until his successor shall be elected and qualified. He shall receive such reasonable salary, not more than three hundred dollars, nor less than one hundred dollars per annum, as may be fixed by the board of council, and his salary shall neither be increased nor diminished during his term of office. He shall have authority Mayor, election and salary. (1) To preside over any and all meetings of all the board of council, but not to vote therein except in elections and impeachments; Powers and authority of. (2) To call special meetings of the board of council whenever he may deem same necessary, provided, he shall be required to call a meeting of said board of council

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whenever three (3) aldermen shall so request in writing; (3) To have general oversight over all executive officers, employees or servants of the city, and in case of misconduct, or neglect of duty on the part of any such officer, employee or servant, he shall have power to suspend him, pending investigation by the board of council; (4) To preside in the police court of the said city, and to exercise all of the rights, privileges and powers hereinafter conferred upon the presiding officer of the said court; (5) To pardon offenders against the city ordinances, and to suspend, reduce or vacate any sentence of the police court of said city, two-thirds of the six aldermen approving such veto, suspension or reduction, whether imposed by himself, or the mayor pro tem., or an alderman presiding in said court under the provisions of this Act. (6) To exercise all other powers conferred upon him by this Act, or which may hereafter be conferred upon him by ordinance of the said Board of Council not in conflict with this Act. SEC. 6. Election for mayor and aldermen shall be by vote of the people, under the regulations hereinafter prescribed, and shall be held on the first Wednesday in August of each year. The present mayor and city council of Eatonton shall continue in office for the terms for which they were elected and qualified, said terms expiring on the first Wednesday in September, 1908, or until their successors in office are elected and qualified. Mayor and aldermen, election of. (1) The first election hereunder shall be held on the first Wednesday in September, 1908, at which time a mayor shall be elected, and six (6) aldermen; three of said aldermen to be elected for one year and three for two years. Thereafter, three aldermen shall be elected each year, and the mayor shall be elected biennially;

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and the mayor and aldermen so elected shall qualify and enter upon the discharge of their respective duties on the first Wednesday in September following the said election. (2) In the event the mayor or any alderman shall without providential hindrance fail to qualify and enter upon the discharge of his duties within (5) days after the said date, the board of council shall immediately declare a vacancy in said office, and call an election to fill said vacancy. Such special election shall be held at the regular polling places in said city, as in case of regular elections, and shall be held within fifty (50) days after such vacancy shall occur, and shall be advertised for four (4) weeks in a newspaper having general circulation in said city. In all other respects, the rules governing regular elections shall apply to such special election. Vacancies. (3) In the event of the resignation of the mayor or any alderman, the board of council shall, after accepting the said resignation, call an election to fill the vacancy caused thereby, for the unexpired term, as heretofore prescribed. Resignations. (4) The board of council shall provide, by ordinance, for the impeachment and trial of the mayor or any alderman who, upon conviction of malpractice in office, or of wilful neglect or abuse of the powers and duties of same, shall, by a two-thirds vote of the whole body (the mayor voting, except in case of his own impeachment), be dismissed from office and the resulting vacancy shall be filled as heretofore described. Impeachment. (5) The mayor and aldermen shall, during their terms of office, be exempt from street tax. (6) A mayor pro tem. shall be annually elected by the board of council, who shall preside over all meetings of the board of council, in the absence, disqualification or disability of the mayor, and shall exercise all of the powers and perform all of the duties of said officer, when notified by the mayor of his intended absence from the city, or disqualification or other like disability. Mayor pro tem.

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(7) In the event of the absence of both the mayor and the mayor pro tem. from any meeting of the board of council, any alderman may be chosen to preside over such meeting. (8) The board of council shall constitute the legislative part of the city government, and, as such, no less than the mayor, it shall be their duty to exercise a watchful care over all of the city's interests, and more especially to initiate and propose such municipal legislation as to them may seem proper and needful. All meetings of the board shall be open to the public. Legislation. (9) Said board of council or its presiding officer shall have authority to punish for contempt by a fine not to exceed ten ($10.00) dollars, or imprisonment in the city prison for not longer than ten (10) days, or both; and, in this connection, to pass all ordinances deemed proper in the premises; shall have power to establish parliamentary rules for the orderly conduct of business; and shall, before entering upon the discharge of their duties, each take and subscribe the following oath, before the mayor or other officer authorized by law to administer same: I do solemnly swear (or affirm) that I will faithfully and uprightly demean myself as (mayor or alderman, as the case may be) of the city of Eatonton, during my continuance in office; that I will, to the utmost of my skill and ability, promote the interest and prosperity of the said city; that I will not wilfully or knowingly use or be the cause of using any tyrannical means towards any citizen or citizens thereof, so help me God. Contempt. Oath of officers. (10) No ordinance adopted by the board of council shall go into effect until it shall have been approved by the mayor, or passed over his veto, as hereinafter provided; all ordinances or resolutions appropriating money shall likewise require the mayor's approval before becoming operative. Ordinances. SEC. 7. The following municipal officers shall be elected by the board of council on the first Wednesday

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in September of each year (or at their first meeting thereafter), and shall hold office for one year, and until their successor shall be elected and qualified, viz., a chief of the fire department, who shall be selected from the salaried officers of the city; an attorney; a physician; and an inspector of plumbing. Each shall receive such compensation, by way of salary or fees, as may be fixed by the board of council, which shall remain the same during the term of office. When not otherwise prohibited by law, aldermen may hold any of said offices, but the mayor shall not be eligible thereto. Municipal officers. SEC. 8. At the election at which a marshal and an assistant marshal are elected there shall also be elected a city clerk, who shall be ex-officio tax collector, a treasurer and an auditor, each of whom shall hold office for two years and until his successor is elected and qualified. The clerk shall receive a salary not exceeding two hundred and fifty ($250.00) a year; the treasurer a salary not exceeding fifty dollars ($50.00) a year, which compensation shall remain the same during the term of office. The auditor shall receive such compensation as is fixed by council. Aldermen, when not otherwise prohibited by law, but not the mayor, shall be eligible to election as clerk or treasurer. The city clerk shall give a satisfactory bond, to be approved by the board of council, in the sum of one thousand dollars ($1,000); the treasurer shall likewise be bonded in the sum of three thousand dollars ($3,000). Each of said officers shall discharge the duties hereinafter prescribed, or which may be required of him by ordinances of the board of council, and shall, before entering upon the discharge of his duties, take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully and impartially discharge my duties as of the city of Eatonton, during my term of office, to the best of my skill and ability, so help me God. The cost of all surety bonds of bonded officers of the city shall be paid out of the city treasury. Salaries and bonds of officers.

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SEC. 9. A vacancy occurring in any office other than mayor or councilmen shall be filled by the board of council within fifteen days. Vacancies. SEC. 10. Any citizen of the city of Eatonton who is a qualified voter therein shall be eligible to hold any municipal office. Qualification of officers. SEC. 11. All officers shall at all times be subject to the jurisdiction of the council, and amenable to their discipline, and may be suspended, fined or removed by a majority vote of the entire body (the mayor voting), for any cause that may seem just and proper, after a fair opportunity to be heard. Amenability of officers. SEC. 12. All officers elected by the board of council or otherwise shall take and subscribe an oath to properly perform their respective duties, and may be bonded as the board of council shall, by ordinance, prescribe. Oath of officers. SEC. 13. Neither the mayor, nor any alderman, or any officer of the city of Eatonton, shall be interested, directly or indirectly, in any contract made with the city, nor receive, directly or indirectly, any profit or emolument from the purchase or sale of any material or other articles paid for out of the public revenues or for which the city becomes responsible. Municipal contracts. SEC. 14. All elections, both regular and special, shall be conducted in accordance with the following regulations: (1) All elections shall be held at the county courthouse, or such other polling place or places as the board of council may, by ordinance, prescribe; provided, that before the polling place shall be changed, or a new polling place established, the ordinance prescribing such change shall, after its passage, be published for four weeks in the newspaper in which the marshal's advertisements are published, and until such publication all elections shall be held at the former polling place. Elections, regulations.

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(2) The board of council shall designate three (3) managers, each of whom shall be a qualified voter and freeholder of said city, and who shall each take and subscribe the following oath: All and each of us do swear that we will faithfully manage this day's election, that we are freeholders and voters in said city, that we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe he is entitled to do so according to the laws of the city, nor knowingly prohibit anyone from voting who is so entitled by law; and we will not divulge for whom any vote was cast unless called on under the law to do so. So help us God. Said oath may be taken before the mayor, or any officer authorized by law to administer oaths, or the managers may swear one another. In case any manager appointed by the board of council shall fail or refuse to act, the mayor, or in his absence, the mayor pro tem., or any alderman, may fill such vacancy. (3) The vote shall be given by ballot and secretly; the managers shall keep two lists of those voting in said election, and shall number the names in the order of voting; each ballot shall also be numbered before being deposited in the ballot box. Two tally sheets shall also be kept. (4) The polls shall be open from eight o'clock a. m., to six o'clock p. m., (standard time); dinner shall be furnished said managers at the expense of the city, and they shall receive, in addition, a per diem fixed by ordinance, not exceeding two dollars each. (5) The count may begin at any time, unless a candidate, in person or by written authority, shall object; in that event the count shall not begin until the polls are closed. (6) No carriages, hacks or other conveyances shall be used to bring voters to the polls, either by candidates or by persons working in their interest; a violation of this Section shall be a misdemeanor.

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(7) The mayor shall require the marshal to preserve order in and about the polling place, and shall provide a sufficient number of policemen for the purpose. (8) When any voter is challenged, that fact shall be written opposite his name on the list and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of twenty-one years, and resided in the State for one and in the county of Putnam and city of Eatonton for six months next preceding this election; that I have paid all taxes which, since the adoption of the present Constitution of this State have been required of me, and which I have had an opportunity to pay agreeably to law, except for the year in which this election is held, and that I have not voted before at this election. So help me God. Any voter who shall refuse to take the foregoing oath, when challenged, shall have his ballot rejected. (9) When the votes have been counted, there shall be a certificate signed by all of the managers, stating the number of votes each person, or question, as the case may be, voted for or upon, received, and each list of voters and tally sheet shall likewise bear the signature of the managers. The oath of the managers, their certificate, one tally sheet and one list of voters shall be sealed in an envelope and delivered to the city clerk, who shall preserve same safely, and unopened, until the next regular or special meeting of the board of council. The board of council shall receive said returns, and declare the result of said election by resolution entered upon the minutes. (10) The remaining papers pertaining to said election, with the ballots, shall be securely sealed and delivered to the clerk of the superior court of Putnam county, who shall keep them safely and unopened until after the next session of said court, and if they be not then called

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for by lawful authority, shall then destroy same, without breaking the seal. (11) Primary elections in said city shall be entitled to full protection against illegal voting, and shall be governed by the rules applicatble to regular elections, except that they shall be called by and the returns made to the persons or committees designated by the party for the purpose, and other rules not inconsistent with law may be adopted for same. SEC. 15. The board of council shall have authority, by ordinance, to require registration for city elections, and to prescribe the method thereof. Registration of voters. SEC. 16. All persons qualified to vote for members of the General Assembly in the county of Putnam, and who shall have resided within the jurisdictional limits of the city of Eatonton for six (6) months next preceding the election, and who shall have paid all tares, including street tax, which shall have been lawfully imposed, and shall have registered, if required, shall be qualified to vote at any election. Qualified voters. SEC. 17. Any person who shall vote illegally at any election herein provided for shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 1039 of the Georgia Code of 1895. Illegal voting. SEC. 18. There shall be a city police court, which may sit at any time at the pleasure of the mayor or other presiding officer, and which shall hold regular sessions at such times as may be fixed by ordinance. The mayor shall be the presiding officer of said court, and may prescribe rules for the orderly conduct of its business not in conflict with the laws of the State or the ordinances of the city. In the event of the absence or disability any alderman designated by the mayor or mayor pro tem. shall preside, and while presiding shall be vested with all the power and authority of the mayor in said court. Police court.

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(1) Said police court shall have authority and jurisdiction to try and punish all offenders against the laws or ordinances of the city of Eatonton, committed within the corporate limits thereof, and to punish for the violation of such laws and ordinances by inflicting such punishment as may be prescribed by ordinance under the authority hereinafter provided. When there is no justice of the peace or ex-officio justice having an office in the city, or when such officers are absent from the city, the jurisdiction of said court shall extend to the investigation of any offense against the penal laws of the State, when such offense is alleged to have been committed within the city, provided such charge shall have been entered upon the docket of said court, and in all such cases the officers of said court shall be entitled to receive and collect the same costs as are allowed to justices of the peace and constables for like services. Jurisdiction. (2) The mayor or other presiding officer of said court shall have the power to impose fines and inflict punishment for the violation of valid laws and ordinances of the city of Eatonton, within the limits prescribed by law, and said mayor or other presiding officer shall also have the same power as judges of the superior courts of this State to punish for contempt by a fine not to exceed twenty-five dollars ($25.00), and imprisonment in the city prison or Putnam county jail not to exceed twenty (20) days, either or both of said punishments in the discretion of the court; and said punishments may be imposed in the alternative. Said mayor or other presiding officer of said court shall also have authority to commit and bind over persons on trial before him for violations of city laws and ordinances, whenever it shall develop upon the trial that a State law has been violated. Punative powers. (3) The presiding officer of said court shall have authority to administer oaths whenever necessary in the conduct of any investigation before him; the mayor

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shall have authority to administer any oath required by this Act or by the ordinances of the city. (4) Said police court shall be a court of record, and there shall be kept a docket on which shall be entered the names of all accused persons, the charge, the name of the informer or prosecutor, and the sentence of the court, or judgment. In each case where a violation of a city ordinance is charged, it shall be the duty of the officer making the arrest to prefer charges in writing, setting forth the offense charged, in substantially the following form: I (marshal or policeman, as the case may be), of the city of Eatonton, in the name and behalf of the citizens of said city, charge and accuse with the offense of , for that the said , in said city on the day , did contrary to the laws of said city, the good order, peace and degnity thereof, which accusation shall be signed by the officer preferring same, and with the docket entry, shall be sufficient authority for holding the accused person until final trial. A copy of said accusation shall be furnished to the accused at least six hours before trial, unless copy is waived by him. An accusation stating the nature of the charge substantially in the language of the ordinance claimed to have been violated shall be held to be sufficient, but in case any accusation shall be held to be defective, a new accusation shall be drawn instanter, and the defendant shall be required to plead thereto. All accused persons shall have the right to cross-examine witnesses, to introduce evidence in their own behalf, and to be represented by counsel; provided, it shall not be necessary to appoint counsel to defend persons who can not employ same. The rules of evidence applicable to trials in the State courts shall apply in said police court. Court of record. Accusations. (5) Said court shall have the power to compel the attendance of witnesses in all proceedings, and of persons charged with offenses, by subp[oelig]na, or summons issued by the city clerk or the presiding officer of said

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court, and bearing test in the name of the mayor; or may require of either witnesses or defendants bonds for their appearance. Any process of said court shall be served by the marshal or any police officer of said city, and disobedience thereto shall be contempt. Said court shall have power and authority to issue attachments for contempt, and all other process necessary to carry into effect its lawful judgments and orders. Witnesses. (6) The ministerial officers of said court shall be the marshal and policeman of said city, to whom, in the alternative, all process shall be directed. Marshal and policeman. (7) The right of certiorari from the judgments of said court shall exist in all cases, and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Certiorari. (8) The said court shall have power and authority to forfeit any bond for the appearance of any defendant or witness, provided, that ten days shall always elapse between the service of the scire facias and the final judgment upon any such forfeiture (except in case of cash bonds), and same shall always be made returnable to a regular session of said court. In case of cash bonds, they may be forfeited by said court without notice, but in such cases if the principal shall appear within two weeks for trial, the mayor shall order such bond refunded if said defendant shall satisfactorily show that his absence was caused by sickness or other unavoidable reason. No ordinance shall be necessary to carry into effect the foregoing provisions; the presiding officer of said court shall frame all process in proceedings of this character, following, as nearly as may be practicable, the forms and practice of the State courts. Forfeitures. (9) No person shall be tried for any offense against the ordinances of said city unless the prosecution shall be commenced within twelve months from the date of the alleged offense; provided, that if the offender, or the offense is unknown, or the offender shall conceal

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himself or abscond from the city, such time shall not be computed as a part of any such limitations. Limitation to prosecutions. (10) All fines and forfeitures in said police court shall be paid into the treasury immediately upon being collected, and may be expended and appropriated as other funds of the city. No officer shall have any claim upon said fund for insolvent costs. Fines and forfeitures. (11) In the event of the forfeiture of any bond, it shall not be necessary to serve the principal therein unless he can be found in the city of Eatonton; service upon any surety out of said city may be made and perfected by any sheriff or deputy sheriff of said State, who are required to serve such process, and if the residence of such surety be unknown, the court may order service by publication in the newspaper in which the marshal's advertisements are published, once a week for two weeks, being sufficient. The said court shall have power to enforce the collection of any money, judgment or fine by execution directed to the marshal and policemen of said city and the sheriffs and deputy sheriffs of said State, and otherwise substantially in the form of county court executions. Proceedings to forfeit bonds. (12) The city clerk shall be clerk of said police court and shall issue and sign any and all process not specifically required to be signed by the presiding officer, all of which shall bear test in the name of the mayor. Clerk. (13) Persons sentenced to labor by said police court shall be compelled to work at labor on the streets, sidewalks or other public work of said city, under the direction and control of the officer in charge of such work. The board of council may make and establish all necessary and reasonable rules and regulations governing the city chaingang, and may, if desired, lease any such convicts to the county of Putnam, or to private persons in said county, the proceeds to be applied to working the streets of said city; provided, that no such convict shall be required to work out of Putnam county, and the city authorities shall at all times retain and exercise such

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control over leased convicts as may be necessary to insure their proper and humane treatment. Chaingang. (14) The said police court may enforce the collection of any fine by execution, or by imprisonment, or by alternative sentence, in the discretion of the presiding officer. Penalties. (15) The marshal and other police officers of said city shall have power and authority to arrest without warrant persons accused of violations of the city laws and ordinances, where such offenses are committed within the presence of the arresting officer, or the accused person is endeavoring to escape or a warrant can not be procured in a reasonable time. In all other cases, application shall be made to either the mayor or the mayor pro tem. for a warrant, which shall be issued in accordance with such valid ordinance as may be passed by the board of council relating thereto. The marshal or other arresting officer shall require of such accused person a good and sufficient bond, conditioned for his appearance at the next session of said police court, to answer the charge brought against him; but in cases not involving a breach of the peace, or a possible violation of a State law, the marshal may, in his discretion, release the defendant upon his own recognizance, in which event a verbal summons shall be sufficient to require and compel the attendance of said defendant. Arrests. SEC. 19. The police force of the city shall consist of a marshal, who shall be chief, and of one assistant marshal, both of whom shall be elected by popular vote at the same time, and in the same manner as the mayor and council are elected, and shall serve for one year and until their successors are elected and qualified, but said marshal and assistant marshal may be suspended or removed from office as provided in Section . Said marshal and assistant marshal shall take such oath and give such bond as shall be required by ordinance, and receive such compensation as may be fixed by the board of council, which shall not be changed during their respective

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terms of office; shall be allowed no costs or extra compensation. Emergency policemen may be appointed by the mayor or elected by the board of council, to serve temporarily during said time as said mayor or mayor and council may deem necessary, and shall receive such compensation as the board of council may fix. It shall be the duty of the police officer to make arrests in the manner prescribed by law of persons charged with violations of the laws and ordinances of the city, or the penal laws of the State, to prosecute offenders in the police court, and, when necessary, in the State courts, and, in general to preserve good order and enforce the law throughout the city, as well as to perform any and all other duties required of them by ordinance. They may be suspended for failure to perform any duty, by order of the mayor, and if the charges be sustained, they may be removed by the board of council. Marshal and assistant marshal. (2) The police force shall be armed and so uniformed as to be readily recognized by the public as police officers, the arms only to be furnished at the expense of the city. SEC. 20. Said city of Eatonton shall have power to establish a complete system of drainage for the health and comfort of its inhabitants, and shall have the entire and absolute control and jurisdiction of all soil-pipes, private drains and sewers, waterclosets, privies, privy vaults, dry wells, and cess pools in said city, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them, in all particulars, as may seem best for the preservation of the health of the inhabitants of the city, with full power to require the change or total discontinuance of any such contrivances or structures as may now be in existence or hereafter allowed. (1) The board of council, may, by ordinance, require and compel connections to the sanitary sewers in all instances where there is a public sewer within three

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hundred feet of the building or structure for which such connection is required. (2) The city of Eatonton shall have power, and is hereby empowered, to condemn property for drainage purposes within its corporate limits, and pay the owners of said property the damages incident to such condemnation. The said city shall proceed in accordance with the laws of the State now in force or hereafter enacted governing the condemnation of property for public use, and the fact that the property sought to be condemned may be owned and used by a corporation itself entitled to exercise the right of eminent domain shall be no bar to such condemnation. SEC. 21. The board of council may prescribe punishment for violation of city laws and ordinances by a fine of not exceeding two hundred ($200.00) dollars, or by imprisonment in the city prison for a term not to exceed sixty (60) days, either or both in the discretion of the trial court, or by imprisonment at labor on the streets, sidewalks or other public works of said city for a term not to exceed four (4) months, which punishment may be imposed in the alternative. Penalties. SEC. 22. The board of council may prescribe by ordinance the method of abating nuisances, may define what shall constitute a nuisance, and require any nuisance to be abated in a summary manner at the expense of the person causing the same, or the owner of the premises whereon it shall exist. The jurisdiction to try and determine all such proceedings shall vest in the police court, and the execution herein provided for shall issue from said court as other executions thereof. Nuisances. SEC. 23. The board of council may, by ordinance, create a board of water commissioners and prescribe the mode of election, term of office, authorities and duties of the members thereof. Said board, when created, shall consist of three members. The compensation

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shall not exceed two hundred ($200.00) dollars aggregate to be apportioned by council. Water commissioners. SEC. 24. The city of Eatonton shall have power, and is hereby empowered to regulate the width, location and grade of all streets, alleys and sidewalks within the city, due regard being had for the original plan of said city, and shall have the further power to open, locate and lay off new streets, alleys and ways within the city, to alter in any manner, or close or vacate any of the same. Streets, etc. (1) For the purpose of opening and laying off any new street, alley or way within the said city, or extending, altering or widening any of the streets, alleys or ways of said city, or for any other public use, the city of Eatonton is hereby empowered and authorized to condemn any property, though same may be owned by a quasi-public corporation, and to take the same for such use, and to pay to the owner or owners of such property the damages incident to such condemnation. Said city shall proceed in accordance with the general laws of the State of Georgia in such cases. Condemnation. SEC. 25. The city of Eatonton shall have power to grant encroachments upon the streets, sidewalks, alleys or ways of said city, on such terms and in any such manner as may be by ordinance prescribed, requiring always fair and reasonable compensation. Said city shall have the further power to grant privileges and franchises to public utility corporations to use any part or parts of the streets, alleys or ways of said city, upon just and adequate compensation, provided, that no such grant shall be exclusive and the right to tax the franchise shall always be reserved, as well as the right to pass and adopt such ordinances or regulations governing the exercise of such franchise as may be deemed expedient or necessary. Encroachments and franchises. SEC. 26. The said city shall have power and authority to pass and adopt any and all ordinances that may

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be deemed necessary and proper to the peace, security, welfare, health, good government and convenience of the city, and to punish for violations thereof as hereinafter prescribed. General welfare. (1) All ordinances, before they shall pass, shall be read twice, at separate meetings of the board of council, and on separate days; provided, that both readings of an ordinance may be had at the first meeting, regular or special, by unanimous consent, except ordinances or resolutions appropriating money for other than ordinary current expenses which shall always be read twice, as herein provided and the rule shall not in such instances be suspended. Ordinances. (2) All ordinances and resolutions shall be signed by the officer presiding at the time of the passage thereof, and countersigned by the clerk. The fact of the first reading of any ordinance or resolution shall appear upon the minutes by a reference to its title, number or subject matter; after passage, it shall be entered upon the minutes in full and after approval the minutes of each session shall be signed both by the presiding officer and the clerk. Ordinances and resolutions. (3) It shall be the duty of the council to have printed in a local paper a synopsis of the proceedings of each meeting of the council containing measures considered, adopted or defeated, and how each alderman voted thereon, and to have printed every proposed change in an ordinance, or every proposed new ordinance, except emergency ordinances between the date the same is proposed and the date of its adoption and defeat, provided same can be done on terms deemed reasonable by council. Every application for the granting of a franchise shall be published by the applicants in a local newspaper at least ten days before action by council thereon. Publication of council proceedings. Application for franchises. (4) In addition to the minutes there shall also be a separate ordinance book, in which all ordinances shall appear after passage and approval by the mayor, or passage over his vote, which book shall be in the custody

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of the city clerk, and at all times open to public inspection. Ordinance book. (5) When any ordinance or resolution shall have been passed or adopted by the board of council, the clerk shall within three days transmit to the mayor a certified copy of the same. If within five days thereafter the mayor shall approve such ordinance or resolution same shall at once become effective or operative; or if he shall allow more than five days to elapse without either approving or disapproving such ordinance or resolution same shall after such time become operative as if approved by the mayor. In the event the mayor shall disapprove any ordinance or resolution, he shall return same to the next regular meeting of the board of council, with his reasons therefor and the said board of council shall proceed to vote upon the question whether such ordinance or resolution shall pass notwithstanding the disapproval of the mayor. If two-thirds of the entire board of council (the mayor not voting) shall vote in the affirmative such ordinance or resolution shall pass and become effective and operative notwithstanding the disapproval of the mayor; but if the affirmative vote shall be less than two-thirds, same shall be defeated. Any member may demand that the roll be called when voting upon such questions, and in that event the exact vote shall always appear upon the minutes. Mayor's approval or veto of ordinances and resolutions. (6) The city clerk shall keep the minutes of the board of council, and said minutes shall always show a fair and accurate record of the proceedings thereof. Minutes of council. (7) Four aldermen (including the presiding officer but not the mayor) shall constitute a quorum of the board of council for the transaction of any business or the passage of any legislation. Quorum of council. (8) Nothing herein shall effect the validity of any existing ordinance of the mayor and city council of Eatonton, until same shall have been repealed hereafter. Existing ordinances. (9) The board of council may, in their discretion codify and publish the laws and ordinances of said city. City Code.

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SEC. 27. Said city shall have the right, power and authority, to pave, or remove or repair the pavement of the sidewalks of the city fronting the business houses, and to assess all or any portion of the cost of the same against the owners of the property abutting on said sidewalks, according to frontage owned by them thereon. Assessments for street improvements. (1) Said city may pave, grade, curb, macadamize, or otherwise improve for travel or drainage any of the streets, alleys or ways of the city fronting the business houses or repair same, and assess not exceeding onehalf of the cost thereof upon the owners of the property abutting upon the side of the streets, alleys or ways so improved according to frontage. (2) Said city is hereby empowered to enforce the payment of the assessments herein provided for by executions issued, levied and collected as herein prescribed in the case of tax executions. (3) One publication in the official newspaper shall be sufficient notice to property owners and others affected, which publication shall be after the first meeting, and before the final passage of such ordinance. SEC. 28. Said city of Eatonton shall have the right, power and authority to assess, levy and collect a tax upon all property, both real and personal, within the limits of the city, not to exceed one per centum ad valorem except the amount authorized by the law establishing schools for the city approved 189; to levy and collect a specific or occupation tax upon all business occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper, and upon franchises; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, on the sale of spirituous or malt liquors (if the sale thereof is not prohibited by law), and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kind of tables, ten pin alleys and similar devices, butcher shops, livery stables,

Page 641

auctioneers, and upon all other classes or kinds of business, legitimately coming within the police power of the city, as may be just and reasonable; and to fix and collect a specific or occupation tax upon the agency of any railroad, express, telegraph, telephone, or electric light company, or other similar corporations. The taxing power of the city, except as limited by law, shall be as general, complete and full as that of the State itself. Taxing powers. (1) Said city shall provide, by ordinance, for the return of all real and personal property for taxation, and may double-tax defaulters. The board of council shall prescribe the time and manner of making such returns, and shall have the power and authority to enforce the collection of taxes, both ad valorem and specific, by execution issued by the city clerk, and bearing test in the name of the mayor, which execution shall be issued at the time and in the manner to be prescribed by ordinance, and the sales under such executions shall be conducted as prescribed by the laws of the State in such cases. The marshal of said city is hereby authorized and empowered to levy and collect any such tax executions or other execution; or they may be levied and collected by the sheriff of Putnam county. They shall be directed to such officers in the alternative. Tax returns. (2) Said city may require the registration of any business subject to specific or occupation tax, and may prescribe a penalty for engaging in any such business without registering the same and paying the tax, or either. Occupation tax. (3) Said city is empowered to require each male resident thereof, between the ages of sixteen (16) and fifty (50) years, to work upon the streets of said city, as the board of council may direct, for as many as eight days in each year, or in lieu of such work to pay a street or road tax of not more than three dollars annually, and further to provide the time and manner of collecting said tax, and to punish persons who may, after due notice, fail or refuse to perform the work required or

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pay the tax, as herein provided in case of violations of other ordinances. Street work or commutation tax. (4) Said city may provide for a board of tax assessors, who shall be elected by the people annually at the regular city election, and whose compensation shall not exceed five dollars ($5.00) per day when officially engaged; who shall assess for taxation the value of all property, real or personal, in said city, and shall have all the powers of a court to compel the attendance of parties and witnesses, and to enforce the same by attachments for contempt; such attachments to be returned to the police court, and the offenders, if convicted, to be punished as if in contempt of said court. Tax assessors. SEC. 29. In addition to the powers hereinbefore granted, the city of Eatonton shall have power: (1) To regulate butcher shops and pens, tanyards, livery stables, fish stands, restaurants, or any other business in which decaying animal or vegetable matter is kept, or in which noxious odors may become a danger or an annoyance to the public, or any portion thereof; to confine same to particular localities, and to revoke the license for same whenever they prove dangerous and injurious to health. Police powers. (2) To regulate and control blacksmith shops, forges and chimneys, and cause the same to be moved and remedied as safety may dictate; to create fire limits and prescribe the material out of which buildings shall be erected therein; to regulate the construction of doors, exits and steps in places of public gatherings, and require the erection of fire escapes in all buildings, other than private dwellings, three or more stories in height. (3) To regulate and control all hotels and public houses within said city, and to revoke the license of same whenever they become disorderly. (4) To take up and impound dogs, horses, mules, cattle, hogs or other animals running at large, and to regulate and control the keeping of stock or other animals

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within the city; to forbid the keeping of hogs within the city, or confine the same to particular localities. (5) To require the owners of lots to drain same, to fill up excavations or depressions, and upon failure to do so, to proceed as in case of nuisance. (6) To regulate all vehicles of every kind and character used in the city for profit in the transportation of passengers, freights or both; to provide for inspection of same and to fix the rates of fares and carriages thereon. (7) To regulate and control saloons or bowling alleys, and to prohibit same when not otherwise prohibited by State law. (8) To legislate by ordinance against blind tigers and the illegal sale or storage of liquor or other intoxicants, lewd or disorderly houses, vagrants and infringements upon the Sabbath. (9) To construct and extend sewers in any of the streets, alleys or ways of the city, or upon private property after condemning same, and to assess a just and reasonable share of the cost of same upon abutting property owners, proceeding as herein provided in case of assessments for paving. (10) To regulate all machinery, including stationary and locomotive engines within the city and to make all such needful rules and regulations in relation thereto as will provide for the safety, health or convenience of the citizens of the city. (11) To purchase, hold, receive, enjoy, possess and retain for the use and benefit of said city, in perpetuity, or for any term of years, any estates, real or personal, lands, tenements, hereditaments of what kind or nature soever, within or without the limits of said city, for corporate purposes. (12) To organize a chaingang and put in compulsory

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labor thereon all those convicted of violating any of the valid ordinances of said city. (13) To own, use and operate, for municipal purposes and for profit, systems of waterworks, electric lights, sewers, gas works and telephones; to make rules and regulations regarding the use of the same by the public, and to provide for the punishment of those violating such rules or regulations. (14) To provide for the inspection of all buildings, and adopt rules and regulations looking to the safe and proper construction thereof; to condemn and cause to be removed any and all unsafe and dangerous structures. (15) To regulate, control or forbid the use of signs projecting over the streets or sidewalks of the city; to regulate the construction of awnings, and to forbid the erection of wooden awnings. SEC. 30. The recitals in any tax deeds made under the authority herein granted shall be prima facie evidence of the facts therein recited. Tax deeds. SEC. 31. In addition to the powers hereinbefore enumerated said city of Eatonton shall have all additional power and authority usually and properly incident to municipal corporations, not in conflict with the Constitution or laws of the State of Georgia, or of the United States, as may be necessary to promote the good government of the city, and the general welfare of its citizens. General powers. SEC. 32. Said city may issue bonds for any lawful purpose whenever the provisions of the Constitution and laws of the State shall have been complied with, and no local Act or amendment to this charter shall be necessary to give the authority to call and order elections for such purpose. Municipal bonds. SEC. 33. Be it further enacted by the authority aforesaid,

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That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 5, 1908. EDGEWOOD, CHARTER REPEALED. No. 544. An Act to repeal an Act entitled an Act to incorporate the town of Edgewood, in the county of DeKalb, to define the corporate limits thereof; to provide a municipal government of said town; to confer certain powers and privileges on the same; to establish a system of public schools for the said town of Edgewood, to provide for the support and maintenance of the same by taxation, and otherwise to create a board of education therefor; to authorize and require the State School Commissioner to pay to said board of education of said town their pro rata share of the State school funds for the children residing in said limits and for other purposes, approved December 9, 1898, and the several Acts amendatory thereof. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That an Act entitled an Act to incorporate the town of Edgewood in the county of DeKalb, to define the corporate limits thereof, to provide a municipal government for said town, to confer powers and privileges on the same, to establish a system of public schools for the said town of Edgewood, to provide for the support and maintenance of the same by taxation and otherwise; to create a board of education therefor; to authorize and require the State School Commissioner to pay to said

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board of education of said town their pro rata share of the State school fund for the children residing in said limits, approved December 9, 1898, be and the same are hereby repealed, and all authority and jurisdiction heretofore resting under said several Acts are hereby rescinded, and declared of no effect. Edgewood, charter repealed. SECTION (1 a ). That this enactment shall not become effective nor the repeal provided in Section one of this Act enforced until January 1, 1909, at which time the limits of the city of Atlanta are to be extended so as to include the territory heretofore incorporated as the town of Edgewood except a small portion incorporated into the town of Kirkwood. This Act, effective Jan. 1, 1909. 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. Approved August 17, 1908. ELLIJAY, CHARTER REPEALED. No. 492. An Act to repeal an Act approved August 16, 1883, entitled An Act to incorporate the town of Ellijay, in the county of Gilmer, to grant election powers and privileges to the same, and for other purposes; and all Acts amendatory thereof, and to provide when the same shall become effective. 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 an Act approved August 16, 1883 (Acts of 1882-1883, page 297) entitled An Act to

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incorporate the town of Ellijay, in the county of Gilmer; to grant election powers and privileges to the same, and for other purposes, and all Acts amendatory thereof be, and the same are, hereby repealed. Ellijay, town of, charter repealed, SEC. 2. Be it further enacted, That this Act shall go into effect immediately upon the passage and approval of an Act creating and establishing the town of Ellijay. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Approved August 17, 1908. FAIRBURN, CHARTER AMENDED. No. 530. An Act to amend the charter of the town of Fairburn, in Campbell county, Georgia, approved December 18, 1897, and the Act of 1906 amendatory thereof, so as to extend the corporate limits of said town from one-half mile to one mile in every direction from the freight depot of the Atlanta and West Point Railroad in said town; to change the terms of the aldermen of said town; to authorize the council of said town to increase the compensation of the clerk of council of said town to an amount not to exceed the sum of one hundred and fifty ($150.00) dollars per annum; also to authorize the establishment of a system of public schools in said town and provide for the maintenance and support of same by local taxation and otherwise; to provide for the government of said schools; to provide for a board of education for said schools in said town; to authorize and require the county school commissioner

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of Campbell county to pay over to the board of education for the use of said public schools such part of the State school funds as may be the just pro rata share of the town of Fairburn; to be determined by the school census of said town of Fairburn; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the charter of the town of Fairburn, in the county of Campbell, approved December 18, 1897, and the Act of 1906 amendatory thereof, be and is hereby amended as follows: That the corporate limits of said town be enlarged and extended from one-half mile in every direction from the center of the freight depot of the Atlanta and West Point Railroad to one mile in every direction from the center of said freight depot of the Atlanta and West Point Railroad in said town of Fairburn. Fairburn, Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the terms of the aldermen of the town of Fairburn be, and are hereby changed as follows: At the next election in said town, to be held on the first Saturday in January, 1909, there shall be elected three aldermen whose term of office shall be one year, and three aldermen whose term of office shall be two years, and annually thereafter, on the first Saturday in January, three aldermen shall be elected, whose term of office shall be two years. The aldermen so elected shall hold their offices until their successors shall be elected and qualified, and all vacancies shall be filled as now provided by the charter of said town. Aldermen, election and terms of office. SEC. 3. Be it further enacted by the authority aforesaid, That the council of said town shall, and are hereby empowered and authorized to increase the compensation of the clerk of council of said town to an amount not to

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exceed one hundred and fifty ($150.00) dollars per annum. Compensation of clerk. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be established in the town of Fairburn, in the county of Campbell, a system of public schools, to be maintained and conducted as hereinafter provided. Public schools. SEC. 5. Be it further enacted by the authority aforesaid, That the terms of the members of the board, heretofore known as the board of trustees of Fairburn Institute shall expire when the members of the Fairburn board of education, as hereinafter provided for, shall have been elected and qualified. There shall be a board of education for said town, under the corporate name of the Fairburn Board of Education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, manage, control and maintain, as hereinafter provided, a system of public schools in and for the town of Fairburn. Said board of education shall consist of five members, to be elected as follows: On the first Saturday in January, 1909, an election shall be held to elect one member of said board of education whose term of office shall be three years, two members whose term of office shall be two years, and two members whose term of office shall be one year, and annually thereafter on the first Saturday in January, there shall be elected a member or members to succeed the member or members of said board whose terms of office have expired. All vacancies in said board of education shall be filled by special election for the unexpired term only, and the members of said board shall hold their offices until their successors are elected and qualified. Before entering upon the discharge of their duties they shall each take and subscribe to an oath to faithfully and impartially discharge the duties of their office. No person shall be eligible to election to membership on said board except such person as would be eligible to election as

Page 650

alderman of said town, and no person shall be eligible to election to such membership who shall be at the time of his qualification as such member of said board, either mayor or alderman or marshal of said town. Said board of education are authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this Act into effect and for their government and control, as to them may seem right and proper, and which do not conflict with the laws of this State. Board of education. SEC. 6. Be it further enacted by the authority aforesaid, That the officers of said board of education shall be a president and vice-president, secretary and treasurer, and such other officers as the board of education shall deem advisable. The secretary and treasurer, who shall be one person, before entering upon the discharge of his duties, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the board of education, to faithfully account for all moneys coming into his hands as such officer, which said bond shall be made payable to said board of education; and the said board of education is hereby empowered to bring suit and maintain the same upon said bond in any of the courts of this State for any breach of said bond by the said secretary and treasurer, and the proceeds of said suit shall be applied to the public schools of said town. Said secretary and treasurer shall pay out no moneys except by order of the board. The terms of the officers of said board shall be for one year and until their successors are elected and qualified. No officer of said board shall receive any compensation for their services except the secretary and treasurer, whose compensation shall be fixed by the board prior to his election and qualification not to exceed the sum of one hundred and fifty ($150.00) dollars per annum; provided the said board, by unanimous vote, can pay reasonable compensation for special services which they may find necessary

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to secure, in order to properly and legally put this system of public schools into operation, and to keep it in proper and legal condition. Officers of board of education. SEC. 7. Be it further enacted by the authority aforesaid, That the said board of education shall pass any and all rules and regulations which it may deem proper for the government of said public school system and the control of the school property of said town. The said board of education shall have entire control of the public schools and the school property of the town of Fairburn, and shall see to it that the said property shall not be used for any other purpose than for school purposes, except for public entertainment, and public and private meetings, under such rules as the board may prescribe, and when so used for other purposes, any revenue which may be derived from such use shall be used by said board for general school purposes, including repairs of said property. Said board of education shall elect the teachers to be employed in teaching in said schools, shall fix their salaries, and shall have the right to discharge any teacher of said schools at any time, when in its judgment the interest of said schools may demand such action. Regulations for public schools. SEC. 8. Be it further enacted by the authority aforesaid, That the said board shall prescribe the courses of studies that the pupils attending said public schools shall pursue, and the text books to be used, except they shall not be authorized to prescribe different books from those required by the State for use in the common schools of the State; they shall fix the length of the school session, and the number of hours to be taught in each day, and shall have authority upon the recommendation of the faculty in charge of said schools to grant certificates of proficiency, or diplomas of graduation to students who shall satisfactorily complete the course of study prescribed therefor, which certificates or diplomas shall be signed by the principals of said schools and

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countersigned by the president and also by the secretary and treasurer of the board. Curriculum of public schools. SEC. 9. Be it further enacted by the authority aforesaid, That all children between the ages of six and eighteen years, who are bona fide residents of said town with their parents or guardians, shall be entitled to the benefits of said schools, and no such child or children shall be required to pay any tuition, but the board of education shall require children who are over the above mentioned school age, and children living outside the corporate limits of said town, to pay tuition for and during the school term provided by the board, in such sum as said board shall fix. All such tuition shall be used for the maintenance of said public school system, and must be used and accounted for in the same manner as any other funds. Children entitled to admission. SEC. 10. Be it further enacted by the authority aforesaid, That said board shall, out of any funds going into their hands, provide school houses, by renting, leasing, purchasing or building suitable buildings, and shall properly furnish the same for school purposes. The title of any property acquired by them shall be in the corporation of the town of Fairburn. School buildings. SEC. 11. Be it further enacted by the authority aforesaid, That all funds necessary to support and maintain the said public schools shall be obtained as follows: School fund. (1) From incidental and matriculation fees and tuition as above provided for. (2) The county school commissioner of Campbell county is hereby authorized and required to pay over to the secretary and treasurer of the board of education of said town for the use of said public schools their just pro rata share of the State public school funds that may come into his hands from any source, such share to be determined by the proportion that the school census of the town of Fairburn shall bear to the total school census of the county of Campbell. The board of education

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are hereby authorized and required, as soon as practical after their election and qualification, to have a complete school census of the town of Fairburn taken, and as often thereafter as they may deem necessary. (3) The said board of education shall estimate as early as practical in each year, what amount of money is necessary to raise that year for the support of said schools, not to exceed one-half of one per cent. per annum, and shall place the estimate before the mayor and aldermen of said town. (4) It shall be the duty of the mayor and aldermen of said town, in fixing the tax rate for the current year, to provide for the amount estimated by the school board as a school fund, and when the taxes for such purpose are levied and collected, it shall be the duty of the collecting officer of said town to pay over to the secretary and treasurer of the board of education the amount so collected for the support and maintenance of said schools, and to take his receipt therefor. SEC. 12. Be it further enacted by the authority aforesaid, That the said board shall meet at least once a month in regular session, and shall keep full and accurate minutes of the proceedings of said board. They shall have kept an accurate account of all moneys received and paid out by order of the board, and all minutes and other books shall be subject to the inspection of the mayor and aldermen of said town. SEC. 13. Be it further enacted by the authority aforesaid, That the said board of education at the end of each year, shall submit to the mayor and aldermen of the town of Fairburn a written report of their actions and doings, receipts and disbursements for said year, which report shall be verified by the secretary and treasurer of the board, and shall be published in some newspaper that is published in the town of Fairburn, for the information of the citizens of said town. Reports of Board.

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SEC. 14. Be it enacted by the authority aforesaid, That said board of education shall, as early as practical after their election and qualification, make the abovementioned estimate of the amount of money necessary to support the said public schools during the school year of 1909 and 1910, and the mayor and aldermen of said town shall levy and collect the amount so estimated to be used for said public school purposes for and during the said school year 1909 and 1910. School tax. SEC. 15. Be it further enacted by the authority aforesaid, That the trustees of the Fairburn public school district as now constituted, and who are now operating a system of public schools in and for the said school district, are hereby authorized and empowered to continue the said public schools in and for the said public school district, during the school year 1908 and 1909, and up to and including the 30th day of June, 1909, but from and after that date they shall not have any direction or control of the public school system of the town of Fairburn, but such direction and control shall be exercised by the Fairburn board of education as herein provided for. Existing schools. SEC. 16. Be it further enacted by the authority aforesaid, That the same laws that governed the election of the trustees of Fairburn Institute under the charter of the town of Fairburn, shall govern the election of the Fairburn board of education, herein provided for. Election of board of education. SEC. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 17, 1908.

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FAIRMOUNT, TOWN OF, CHARTER REPEALED. No. 335. An Act to repeal the Act of the General Assembly of Georgia, approved the 14th day of December, 1897, incorporating and creating a charter for the town of Fairmount, in the county of Gordon, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act of the General Assembly of Georgia, entitled An Act to incorporate the town of Fairmount, in Gordon county, and to prohibit the sale of all intoxicating liquors therein, and for other purposes, approved the 14th day of December, 1897, be, and the same is, hereby repealed. Provided, however, that the repealing Act shall not take effect until the Act to establish a new charter for the town of Fairmount, in the county of Gordon, to grant certain powers and privileges to said town, to define the limits of the same, and for other purposes, has been approved. Fairmount, town of, charter repealed. 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. Approved July 30, 1908. FAIRMOUNT, NEW CHARTER. No. 355. An Act to establish a new charter for the town of Fairmount, in the county of Gordon; to grant certain

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powers and privileges to said town, to define the limits of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the municipal government of the town of Fairmount, in the county of Gordon, in this State, shall be vested in a mayor and four (4) aldermen, who are hereby constituted a body politic and corporate under the name and style of The Mayor and Aldermen of the Town of Fairmount, and by that name and style shall succeed to all the rights and liabilities of the present corporation of said town, and shall have perpetual succession, and shall have power and authority to make, ordain and establish from time to time such by-laws, ordinances, resolutions, rules and regulations as shall appear to be necessary and proper for the good government, security, welfare and interest of said town of Fairmount and inhabitants thereof, and for preserving the health, morals, peace and good order of the same, not in conflict with the Constitution and laws of this State, and shall have power and authority in and by said corporate name, to contract and be contracted with, to sue and be sued, to plead and be impleaded in any of the courts of this State; to have and use a common seal, to hold all property, real and personal, now belonging to said town to the use of said town for the purposes and interests for which the same were granted or dedicated; to acquire by gift or purchase or otherwise such real or personal property as may hereafter be deemed necessary or proper for corporate purposes, and to use, manage, improve, sell, convey, rent or lease any or all of said property as may be deemed advisable for corporate interests. Fairmount, new charter. SEC. 2. Be it further enacted, That the corporate limits of said town of Fairmount shall extend one-half mile in every direction from Dorroh's old store, and shall be the same as under the old charter. Corporate limits.

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SEC. 3. Be it further enacted, That the present town council of said town of Fairmount shall continue in office and shall be vested with all the rights, powers, privileges and duties conferred by this Act, and that the present president of said council is hereby constituted mayor, with all the rights, powers, duties and privileges of the mayor under this Act until the first Tuesday in February, 1909, and until their successors in office are elected and qualified, and that the rules, ordinances and regulations now in force in said town remain in force until new ones are adopted by the mayor and aldermen under this charter. Town council. SEC. 4. Be it further enacted, That on the first Tuesday in February, 1909, and on the first Tuesday in February of each year thereafter, an election shall be held at such place as the mayor, or if he fail, the mayor protem. may designate, within said town for the election of a mayor and aldermen, who shall serve for the term of one year and until their successors are elected and qualified. Mayor and aldermen, election of. SEC. 5. Be it further enacted, That the mayor, or if he fail or refuse, the mayor pro tem. shall cause to be posted in at least three conspicuous places in said town ten days before the date for the election, the date and place of holding election for mayor and aldermen. That said election shall be held under the supervision of two freeholders, who are entitled to vote in said election, together with the justice of the peace, or ex-officio justice of the peace of the militia district in which the said town is situated, or under the supervision of three freeholders who are entitled to vote in said election, and who shall not all favor the same candidate, where there are opposing candidates. Such superintendents shall take oath to perform said duties fairly and impartially, and shall issue certificate of election signed by a majority of them, to the candidate or candidates receiving the largest number of votes, which certificate shall be

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placed on the minutes of the board of aldermen and shall be sufficient authority for administering the oath of office to the holders thereof and the performing of the duties of said office. If for any cause said election should fail to be held on said date, it shall be held as soon thereafter as possible under the provisions above. Election, when, and how held. SEC. 6. Be it further enacted, That no person shall be entitled to serve as mayor or alderman of said town, who has not resided therein one year next preceding the election of said officer, and who is not entitled to vote in said election; that all persons shall be entitled to vote in the elections of said town who are qualified to vote for the members of the General Assembly of Georgia in Gordon county, and in addition thereto have resided in said town six months next preceding said election; that any person who offers to vote, and is challenged as being disqualified, shall be required by the superintendent of said election to take the following oath: You swear or affirm that you have attained the age of twenty-one years, and that you have resided in the State of Georgia one year, in the county of Gordon six months, and in the town of Fairmount six months next preceding this election; and that you have paid all taxes, State, county and municipal, including street tax, which you have had opportunity to pay, except taxes for the present year, so help you God. That any person voting in said election who is not qualified to vote, and after taking the foregoing oath, shall be guilty of a misdemeanor, and on conviction, punished as such. Qualifications of mayor and aldermen. SEC. 7. Be it further enacted, That it shall be the duty of said superintendents to preserve the ballots cast in the election for mayor and aldermen for thirty days, and at the request of any candidate desiring to institute a contest of said election, forward the same to the ordinary of Gordon county. All contests of such election shall be filed with the ordinary of Gordon county within

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thirty days after the election, which shall be heard and passed upon by said ordinary at a date set by him, whose judgment shall be final, and who shall issue certificate of election to the successful contestant. Contested elections. SEC. 8. Be it further enacted, That it shall be the duty of the mayor to call a meeting of the board of aldermen on the Thursday next succeeding the election of mayor and aldermen for the purpose of qualifying the newly-elected officers, which shall be done by the mayor or clerk of the board administering to each of them an oath to perform faithfully and to the best of their skill and ability the duties of their respective offices, and shall formally and in the proper manner transfer to the newly-elected mayor and aldermen the management and affairs of the government, all books and records of the town. Organization of council. SEC. 9. Be it further enacted, That if there should occur a vacancy in the office of mayor, or more than one vacancy in the office of alderman prior to three months of the date of the next succeeding election for election of such officers, an election shall be held as provided elsewhere in this Act for the regular elections, to fill said vacanies; if there should occur a vacancy in the office of mayor within three months of the date of the next succeeding election the mayor pro tem. shall serve as mayor; if there should become more than one vacancy in the board of aldermen within three months of the date for the next election, said vacancies shall be filled by the mayor and the remaining members of the board. Vacancies. SEC. 10. Be it further enacted, That the mayor and aldermen at their first regular meeting, or if prevented thereat, at some subsequent meeting, after having qualified shall by ballot elect the following officers from their own number: A mayor pro tem., who shall be mayor and have all the powers, duties, privileges and obligations of mayor in the absence or disqualification, or the inability to act, of the regularly elected mayor.

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A clerk, whose duty it shall be to keep all the records and minutes of the board of aldermen, to issue all writs, executions, warrants, subpoenas, or other legal papers to or against parties within the jurisdiction of the town by the mayor or the board of aldermen, and such other duties as may be prescribed by ordinance of the board of aldermen. A treasurer, whose duty it shall be to collect and keep all money, taxes, revenues, fines, penalties, forfeitures, from any source whatever coming into the treasury, and keep a complete record of all receipts and expenditures open to the inspection of the mayor, aldermen or any tax payer of said town, and shall pay out money only upon the warrant of the mayor, counter-signed by the clerk of the board; and from the citizens of said town, an intelligent, competent and upright man to serve as marshal, whose duties it shall be to conserve the peace, arrest offenders against the ordinances of said town, execute and serve all writs, warrants, executions and legal papers of whatsoever kind, issuing from the mayor or board of aldermen of said town, to supervise the working of the streets and keeping in repair the ditches and gutters, and such other duties as pertain to the health, property, morals and good order of the town that may be imposed by ordinance of the board of aldermen. Municipal officers. SEC. 11. Be it further enacted, That the mayor and aldermen shall have power and authority to levy and collect an ad valorem tax not to exceed fifty cents on the one hundred dollars on all taxable property, within the corporate limits of said town, made taxable by the laws of the State. The mayor and aldermen shall have power and authority to prescribe by ordinance the time, place, manner and rules and regulations for making returns by the taxpayers of said town of their property for taxation; and any taxpayer of said town who shall fail to return his property for taxation in the manner and at the time prescribed by the ordinance of the mayor and aldermen, shall be subject to pay double tax on all

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his property not returned, as in the case of collection of State tax; such double tax may be collected by execution, as other taxes. Said mayor and aldermen shall have authority to provide for the reviewing of any and all tax returns, and raising the valuation placed upon said property by the taxpayers; provided, that the mayor and aldermen shall give written notice to such persons who have made such returns, to appear before them on such date as they may designate, to show cause why his or their returns should not be raised. Ad valorem tax. SEC. 12. Be it further enacted, That if any person fail or refuse to pay tax according to this Act, at the time prescribed in the ordinances of the mayor and aldermen, the clerk of the board of aldermen shall issue an execution against said defaulting taxpayer, which shall be signed by the clerk and bear test in the name of the mayor. Such execution shall bind all the property which said defaulting taxpayer owned the first day of March in the year in which it is required to be returned for taxation, and lien for such execution and said property shall be prior to all other liens, except liens for State and county taxes. Such execution shall be directed to the marshal of said town or his deputy, who shall enforce the same by levy and sale on the property subject thereto, at such time and place and upon such notice as the mayor and aldermen shall by ordinance prescribe, except in case real estate is levied upon, it shall be the duty of the mayor to advertise the sale as sheriff's sales are now advertised, and it shall be the duty of the marshal to convey by bill of sale or deed the property so sold by him, and upon request, to put the purchaser thereof in possession of said property. Tax executions. SEC. 13. Be it further enacted, That the cost for issuing, serving and executing all warrants, processes, writs and subpoenas, as authorized by this Act, for violation of any of the laws of the State or laws or ordinances of the town, or the collection of any taxes, shall be the

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same as for serving warrants, processes, writs, etc.; and shall be served under the laws governing the justice court fees in this State, and shall be paid by the offend er or offenders, or delinquents in the case of tax executionsin the event he or they shall be found guilty of the alleged violation of any of said laws or ordinances. Costs on warrants etc. SEC. 14. Be it further enacted, That the mayor shall be the chief executive officer of said town, and shall preside at all the meetings of the board, shall have power to hold a mayor's court for such time and place and under such rules and regulations as may be prescribed by ordinance for the trial of offenders against the ordinances of said town, shall have authority to impose such penalties as may seem to him just and proper, not exceeding twenty-five dollars, and imprisonment or labor on the streets, not exceeding thirty days; provided, there shall always be the right of appeal to the board of aldermen from his judgment. Any or all of these punishments may be imposed, and the mayor shall have authority to administer oaths, issue subpoenas and all writs and processes necessary for the carrying out of the powers herein granted, and to attach for contempt of court. The mayor shall take care that the orders, by-laws, ordinances, acts and resolutions of the board of aldermen are faithfully executed; he shall be ex-officio justice of the peace within the town; shall, within the same, possess and exercise all the powers and duties, vested by law, as a justice of the peace, except that he shall have no jurisdiction as such in civil cases. He shall have control of the police of said town, and may appoint special police officers whenever he deems it necessary, and it shall be his duty specially to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town before issuing his warrant therefor. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he

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may require the immediate payment thereof, and in default of such payment, he may commit the party in default to the place of imprisonment for said town until the fine, penalty or costs shall be paid, not to exceed thirty days. For the transaction of all business, the mayor and 2 (two) aldermen or 3 (three) aldermen present shall constitute a quorum. Mayor's court. SEC. 15. Be it further enacted, That the board of aldermen of said town shall have power therein and may exercise the right of eminent domain under the regulations prescribed by the laws of this State therefor, to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair, roads, streets, alleys, sidewalks, cross-walks, drains and gutters, for the use of the public, and to improve and light the same, and have them kept free from obstructions on or over them, to regulate the width of sidewalks on the streets, and to order the sidewalks, foot-ways, cross-walks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome, to prevent hogs, cattle, horses, sheep, and other animals of all kinds from going at large, to regulate the keeping and running at large of dogs, to impose a tax not exceeding five dollars per annum per head on same, to be applied to the park or street improvement, to protect places of divine worship in and about the premises where held, to abate or cause to be abated, anything which in the opinion of the majority of the whole number of aldermen, shall be a nuisance, to regulate the keeping of gun powder and other combustibles; to provide in or near the said town a place or places for the burial of the dead, and to regulate interments therein; and to provide for the regular building of houses or other structures, and for the making

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of division fences by the owners of lots by proper drains and ditches, to make regulations for guarding against danger or damage by fire; to protect the property and person of the citizens of said town, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the board of aldermen, to fix their compensation, require and take from them bonds when deemed necessary, with sureties, conditioned for the faithful performance of their respective duties, to sue for the breach of the same in the courts of this State; to erect or authorize to be erected or prohibit the erection of gas works or waterworks in the town, to prevent injury to or pollution of the same, or to the water or healthfulness of the town, to regulate and provide for the weighing of hay, coal or other articles sold or for sale in the town; and to provide revenue for the town and appropriate the same to its expenses and improvement, to pass any needful laws, articles, rules and regulations to carry into effect the powers and privileges of this Act or any future Act changing or enlarging the same, and to prescribe and impose reasonable fines, penalties and imprisonment for the violation of the laws and ordinances of said town, not in conflict with the laws of this State or the United States, authorized by this charter; to organize work gangs or other means of confinement, and confine at work therein for a term not exceeding 30 days, persons convicted of violating the ordinances of said town; to provide for the giving of bail for appearance at court of persons charged with violating the ordinances; to provide for the forfeiture of the same and the collection of the same by execution against the principal and sureties; to require a town license for the doing of anything or carrying on of any business in said town for which State license is required or permitted; to tax all shows which may exhibit within said town;

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to license and regulate the management of hotels, boarding houses and livery stables, to tax all contrivances for the purpose of gaming; provided, that it shall not be lawful for said mayor and aldermen to issue license for the sale of malt, vinous or intoxicating liquors, or for any person to engage in the sale of the same within said town. Powers of board of aldermen. SEC. 16. Be it further enacted, That all male persons between the ages of 18 (eighteen) and 50 (fifty) years, not excused from road duty by the laws of this State, and excepting the mayor and aldermen of said town, residing within the corporate limits of said town shall be subject to a street duty, not to exceed 10 whole days work, at such time and place as the marshal shall cite them to appear; provided that any person who is subject to street duty in said town may pay in lieu thereof a commutation tax not to exceed seven and 50/100 dollars, which shall be due and collectible on any condition and at any time fixed by ordinance of the board of aldermen, and said board shall have authority to fix such rules and regulations by ordinance as they may see fit for punishment of street defaulters, not in conflict with this charter or the laws of this State, provided, that all street tax may be collected by execution. Street work or commutation tax. SEC. 17. Be it further enacted, That the board of aldermen shall hold regular meetings once a month at such place and on such date as may be determined upon by ordinances of the board of aldermen. Meetings of board of aldermen. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1908.

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FITZGERALD, CHARTER AMENDED. No. 555. An Act to amend an Act incorporating the city of Fitzgerald in the county of Ben Hill, approved August 22nd, 1907, and for other purposes. 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 Section 22 of the above recited Act, be amended by striking the word name from the seventh, the tenth, and the nineteenth lines of said Section and inserting in lieu thereof the word initials, so that said Section when so amended shall read as follows: Fitzgerald, charter amended. SEC. 22. Be it further enacted by the authority aforesaid, That when an elector desires to vote, he shall approach the voting room, or inclosure, and announce his name to the election manager, and if he is a qualified elector, he shall be allowed to go behind the guardrail at the entrance provided for that purpose and there receive from the hands of the managers one of the official ballots, which must have thereupon the initials of the manager furnishing the ballot, written thereon at the time of furnishing said ballot by the manager furnishing the same, and so written on said ballot that when the same is folded, the initials of the manager can be seen without unfolding said ballot, and the said voter after receiving the ballot must retire to a booth, or compartment, in which there is no other person, and there with a pencil, or pen and ink, cancel the name or names of each candidate for which he does not desire to vote; and in case of a special measure submitted to the people, he shall by cancellation vote for or against said measure, as he may desire. After preparing his ballot the voter shall, before leaving the said booth, or compartment, carefully fold the same so as that the

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contents thereof can not be seen and so the initials of the manager signing the ballot may be seen without disclosing the contents of the ballot. When the ballot has thus been prepared and folded, the voter shall not unfold the same, but after giving his name to the manager in charge of the ballot box, shall hand him the ballot, and the manager shall, without opening or unfolding the same, number it in its order on the back thereof, and in the presence of the voter, deposit the ballot in the ballot-box, and the voter shall retire from the voting room. Ballots, how received and deposited. SEC. 2. Be it further enacted by the authority aforesaid, That Section 36 of said Act be amended by striking from the third line thereof the last word thereof, to-wit: city, and from the fourth line thereof the word marshal, so that said Section when so amended shall read as follows: SEC. 36. Be it further enacted by the authority aforesaid, That at each general election as hereinafter provided for the election of the mayor and aldermen, there shall be elected a city treasurer and city tax assessor, and in case of vacancy of either of these offices by death, resignation or otherwise, the vacancy shall be filled as hereinbefore provided for the filling of a vacancy on the board of aldermen. Treasurer and tax assessor. SEC. 3. Be it further enacted by the authority aforesaid, That Section 38 of this Act be stricken and that there be inserted in lieu thereof the following: SEC. 38. Be it further enacted by the authority aforesaid, That the chief of police shall be the collecting officer of all executions, issued for unpaid taxes, licenses, and other matters which he may be directed by the mayor and council to collect. In addition to the oath hereinafter provided to be taken and subscribed to by him, he shall take and subscribe to the same oath as the clerk; and he shall give bond with security, to be approved by the mayor and council, who shall also fix

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the amount thereof, conditioned for the faithful discharge of all the duties of his office. He shall be sanitary inspector, shall collect the street taxes, and shall look after all licenses that may be assessed against any person, firm or corporation doing or carrying on any kind of business within the said city, and shall see to it that the same are paid. There shall be taxed against all persons against whom an execution shall be issued, and for levying and settling the same, the same fees that are now allowed sheriffs for like services, all of which said amounts shall be collected by the said chief of police and by him paid over to the city treasurer regularly once each month, who shall make and preserve a record of the same, and receipt the said chief of police for the same. The said chief of police shall make a monthly report to the city clerk, showing an itemized statement of all moneys collected by him and the amount of costs paid to him, and the disposition of all of said funds, which said report to the said city clerk shall present to the following session of the city council, at which time, and to which body the city treasurer shall also present a written report showing all amounts paid over to him on account of such execution, and from the other specified sources by the said chief of police. The said chief of police shall do and perform any other like service that may be required of him by the mayor and city council. Provided, however, that the provisions of this Section shall not be operative until January 1st, 1910. Chief of police, duties of. SEC. 4. Be it further enacted by the authority aforesaid, That Section 39 of said Act be stricken, and that there be inserted in lieu thereof the following: SEC. 39. Be it further enacted by the authority aforesaid, That it shall be the duty of the city treasurer to collect all moneys for the water, light and bond commission that may be due said commission for water, lights, or for other purposes, and he shall keep a separate account of the moneys so received and of their

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disbursements by said Commission, which disbursements shall be only upon warrants drawn by it through its proper officers. The said commission is hereby empowered to employ for the treasurer such clerical assistance as it is necessary for said treasurer to have for the performance of the duties of his office. City treasurer, duties of. SEC. 5. Be it further enacted by the authority aforesaid, That Section 41 of said Act be amended by striking from the fifteenth and sixteenth lines of the same, the following: And shall be ineligible for any other public office, and by striking from the twentieth line the following: $5,000.00, and inserting in lieu thereof, the following: $2,000.00, so that said Section when so amended shall read as follows: SEC. 41. Be it further enacted by the authority aforesaid, That said city clerk shall be a practical bookkeeper, and shall keep his office at the city hall of said city, and shall keep a corporate seal, and all papers and records of the city appertaining to his office, and shall keep the minutes of the city council and shall report annually on or before the first day of January of each year to the city council, an estimate of the expenses of the city and the amount of revenue necessary to be raised for the current year, and shall perform all such duties as may be required of him under this charter incident to his office, or that may be required of him by the ordinances of said city. Copies of all papers filed by the clerk and transcripts of the records of the city council certified by the clerk under the corporate seal shall be evidence in all courts as if the original was produced. The clerk shall receive for his services the sum of nine hundred dollars per annum and shall keep his office open from 8 o'clock a. m., until 6 o'clock p. m., except one hour at noon of each day, Sundays and legal holidays excepted, and shall faithfully discharge the duties of city clerk, and execute a bond in the sum of $2,000.00, to be approved by the mayor, payable to the city of Fitzgerald, conditioned for

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the faithful performance of the duties of his office. The clerk shall keep separate account in which he shall enter the amount appropriated for each separate and distinct purpose, and in drawing his warrants upon the city treasurer he shall draw his warrant against that particular fund. Said clerk shall cause to be made monthly a full report of all moneys to be collected by the city treasurer from every source, and all warrants drawn by him, and said report shall be spread upon the minutes of the council. Said clerk shall issue all tax executions and shall keep a tax execution docket in which he shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for taxes, or for licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which said sum shall be paid to the city treasurer. The mayor and council shall purchase for said city clerk all books necessary to transact the business of his office and such other stationery and printed matter as may be needed for the same. The city clerk shall not make any collections, but shall keep an accurate record of all funds due the city which shall finally be chargeable to the records. City clerk, duties, compensation, etc. SEC. 6. Be it further enacted by the authority aforesaid, That Section 50 of said Act be amended by striking from the same all that part of it included in those portions of lines twenty-nine to thirty-four inclusive and beginning in line twenty-nine with the words, And said, and ending in the thirty-fourth line with the word after, and inserting in lieu thereof the following: The term of office of said A. H. Denmark shall continue to and expire on the thirty-first day of December, 1909; that of E. K. Farmer, December 31st, 1910; and that of L. O. Tisdel, December 31st, 1911; and the successor of each shall be elected by popular vote at the regular December election immediately preceding the expiration of the term of office of him whom

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he succeeds. All vacancies in the office of such commissioners shall be filled by a popular election specially called for that purpose, except that should a vacancy arise on account of death, resignation, or otherwise in such office prior to the expiration of the terms of office of the commissioners herein named, then such vacancy shall be filled by the two remaining commissioners. Term of office of such commissioners, except as herein provided, shall be three years, and shall begin on January 1st following their election and one commissioner shall be elected by popular vote at each December election in said city, so that said Section when so amended shall read as follows: SEC. 50. Be it further enacted by the authority aforesaid, That there is hereby created a water, light and bond commission to consist of three upright, intelligent citizens of the city of Fitzgerald, of sound business discretion, whose duties and powers it shall be to take charge of, operate and maintain the present system of water and lights in the city of Fitzgerald, and improve the same through and by proper agents in and for the interests of the city of Fitzgerald; whose duties it shall also be to construct and maintain a system of sewerage for said city of Fitzgerald. The said water, light and bond commission shall have the control of the sale of all bonds that may be issued by the city of Fitzgerald, and of all contracts made in behalf of the said city for water and lights and sewerage purposes. And the said water, light and bond commission is further authorized to control in like manner any and all other bonds that may be issued by the city of Fitzgerald from time to time, and for carrying into effect the provisions of this Section, said water, light and bond commission is hereby given authority to negotiate loans, if necessary, through the mayor and council, or direct, on behalf of the city of Fitzgerald, and all profits arising from the operation of said water, light and bond commission shall be paid monthly into the city treasury

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of Fitzgerald; and it shall be the duty of the city council to supply said water, light and bond commission with funds, if necessary, to carry into effect the provisions of this Section. Water, light and bond commission. The following citizens of Fitzgerald, Georgia, are hereby created the first members of said water, light and bond commission, to-wit: I. A. Tisdel, A. H. Denmark, and E. K. Farmer. The term of office of the said A. H. Denmark shall continue to and expire on the thirty-first day of December, 1909; that of E. K. Farmer, December 31st, 1910; and that of L. O. Tisdel, December 31st, 1911; and the successor of each shall be elected by popular vote at the regular December election immediately preceding the expiration of the term of office of him whom he succeeds. All vacancies occurring in the office of such commissioners shall be filled by a popular election specially called for that purpose, except that should a vacancy arise on account of death, resignation (or resignations) or otherwise, in such office prior to the expiration of the term of office of the commissioners herein named, then such vacancy shall be filled by the two remaining commissioners. Term of office of such commissioners, except as herein provided, shall be three years, and shall begin on January 1st, following their election, and one commissioner shall be elected by popular vote at each December election in said city. Said water, light and bond commission shall be required to give good and sufficient bonds, payable to the city of Fitzgerald, for the forthcoming of all funds and records entrusted to them, and for their acts and doings as said commissioners. Said bond to be assessed by the city council of the city of Fitzgerald. SEC. 7. Be it further enacted by the authority aforesaid, That Section 53 of said Act be amended by striking from the third line of said Section the word July and inserting in lieu thereof, the word June, and by striking from the fourth line thereof the word December and inserting in lieu thereof the word November,

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so that said Section, when so amended, shall read as follows: SEC. 53. Be it further enacted by the authority aforesaid, That the first half of all city taxes called for by the city tax digest shall be payable during June, and the second half payable during November of each year. Any taxes payable according to this Section, not paid as above stated, shall be increased ten per cent. as penalty for non-payment within the time prescribed. Taxes, when payable. SEC. 8. Be it further enacted by the authority aforesaid, That Section 56 of this Act be amended by striking from the second and third lines thereof the word fifteen and inserting in lieu thereof the word sixteen, and by striking from the third line thereof the word sixty, and inserting in lieu thereof the word fifty, and in striking from the sixth and seventh lines thereof the word four, and inserting in lieu thereof the word two, and by striking from the eighth line thereof the following figures and abbreviations, $3.00, and inserting in lieu thereof the following, $1.50, so that said Section, when so amended, shall read as follows: SEC. 56. Be it further enacted by the authority aforesaid, That all persons subject to general duty between the ages of sixteen and fifty, who are not exempt under the State laws from working the roads, shall be subject to street duty, and the mayor and general council may provide when and how they shall work said streets. They shall be required to work not less than two days in any one year, or in lieu of working the said two days, they may pay the sum of $1.50, which sum shall be paid at such time as the mayor and council shall direct. The mayor and council shall by ordinance provide how the tax shall be collected, or how the person subject to street duty shall be summoned to work on the streets, or upon failure to work or pay the tax, they shall be fined in a sum not exceeding fifty dollars, or

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sentenced to imprisonment to work on the public works of the city, not more than ten days. Street work or commutation tax. SEC. 9. Be it further enacted by the authority aforesaid, That Section 62 of said Act be amended by adding to the same the following: All moneys due by the owners of impounded animals, as well as all moneys due by the purchase of such impounded animals, shall be paid over by such owner or purchasers of such impounded animals, as the case may be, to the treasurer of the city of Fitzgerald, who shall keep a record separate from his other record of the receipts and disbursements by him of such money, so that said Section, when so amended, shall read as follows: Section 62. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large over said city; and to prevent and prohibit the keeping of hogs within the city limits and to regulate the manner in which they must be kept if allowed to remain; and to impound such animals when found upon the streets of the city and to charge such fees for the same as they may prescribe, and in addition thereto charge for the keeping of any animal or animals so impounded, and when the owner or owners of such impounded animal or animals shall fail or refuse to pay the impounding fee and costs of keeping said animals, the same may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal, under such rules and regulations as may be prescribed by ordinance. All moneys due by the owners of impounded animals, as well as all moneys due by the purchasers of such impounded animals, shall be paid over by such owner or such purchaser, as the case may be, to the treasurer of the city of Fitzgerald, who shall keep a record separate from his other records, of the receipts and disbursements by him of such moneys. Impounding animals.

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SEC. 10. Be it further enacted by the authority aforesaid, That Section 68 of said Act be amended by striking from the ninth and tenth lines of said Section the words to the amount of not more than two-thirds of such costs, and inserting in lieu thereof the following: Provided, that the amount so assessed for paving and otherwise improving the streets, shall in no instance be more than two-thirds of such costs, and by striking from the thirtieth and thirty-fourth lines of said Section the word marshal, and inserting in lieu thereof the words Chief of Police, so that said Section, when so amended, shall read as follows: SEC. 68. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the sidewalks, streets, alleys and public parks of said city, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks and streets against the real estate abutting on such sidewalks; provided, that the amount so assessed for paving and otherwise improving the streets shall in no instance be more than two-thirds of such costs; and any street railroad company or any railroad company having tracts of land running through or across the streets of said city shall be required to pave, macadamize, or otherwise improve such streets in such proportion as the mayor and council may provide by ordinance. Said mayor and council shall have all power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purposes above stated as may be just and proper, estimating the total cost of each improvement made, and prorating the costs thereof on the real estate according to its frontage on the streets or portions of street so improved, or according to the area or value of said real estate, either or all,

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as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the owner at the date of the ordinance making such assessment; which execution may be levied by the chief of police of said city on real estate, and after advertising and other proceedings, as in the case of other sales, the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The chief of police shall execute a deed to the purchaser and shall have authority to eject the occupants and put the purchaser in possession; provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount that he admits is due, which amount admitted to be due, with all costs, shall be paid before the affidavit is received, and the affidavit shall be returned to the superior court of Ben Hill county and then tried and the issue determined, as in the case of illegality, subject to the penalty provided for illegality provided for the purpose of delay. The mayor and council shall have authority to pave and contract to pave the whole surface of the streets without giving any railroad company or other property-holder or other occupant of the street the option of paving such streets themselves. The lien for assessment on abutting property and on street railroads, or other railroad company, for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution

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of the work in each case. Said mayor and council shall have the power and authority to prescribe by ordinance such rules as they may, in their discretion, think necessary to grade, pave, drain or macadamize or curb the streets, sidewalks and alleys of said city; to enforce by execution the cost thereof against the adjacent property owners thereof shall be served with notice by personal service or by publication. Assessments for street improvements. SEC. 11. Be it further enacted by the authority aforesaid, That said Act be further amended by striking the whole of Section 69 of said Act, and inserting in lieu of it the following: SEC. 69. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power and authority to prescribe the kinds of water-closets, urinals and surface closets to be used in the corporate limits of said city, as well as the power to condemn and compel the disuse of the same when they do not conform to the kind prescribed, or whenever they shall become a nuisance. They shall have the power to compel the owner to establish and connect waterclosets and urinals on his premises with the sanitary system of said city when such property is located on or near a street where there are sewers, which connections shall be under such rules and regulations as may be prescribed by the water, light and bond commission. When any property owner fails to remove any surface closets or connect any water-closets or urinals with the sanitary sewers of said city within the time prescribed by said mayor and aldermen, after being notified so to do, then such removal or connection may be made by the city, and the costs taxed against said property and execution issued, which may be enforced in the manner prescribed for the enforcement of other executions for taxes. The said mayor and aldermen shall have full and absolute control of surface sewers and private drains, cess-pools, and the like, and also full power and authority to prescribe penalties for the failure to comply

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with the rules of the water, light and bond commission. Waterclosets, etc. SEC. 12. Be it further enacted by the authority aforesaid, That the said Act be further amended by striking the whole of Section 74 and inserting in lieu thereof the following: SEC. 74. Be it further enacted by the authority aforesaid, That the said city of Fitzgerald shall have the power and authority to contract for the purchase of lands and water-rights, to be used in connection with the erection and maintenance of a sewerage system, the power to erect and maintain which is vested in the water, light and bond commission, aforesaid, which contracting power shall extend to lands and water-rights, either in or out of the said city, and said city for same purpose shall have power also to condemn lands and water-rights, whenever necessary. Lands and water-rights for sewerage system. SEC. 13. Be it further enacted by the authority aforesaid, That Section 76 of said Act be amended by striking from the fourth and fifth lines thereof the following words: Boston, Mass., Chicago, Ill., Philadelphia, Atlanta, Macon, Savannah, Ga., and inserting after the word Fitzgerald, and before the word for in the sixth line, the following: And in such other papers as said commission may deem wise, so that said Section, when so amended, shall read as follows: SEC. 76. Be it further enacted by the authority aforesaid, That said bonds, when so issued, shall be sold by the water, light and bond commission, the sale to be advertised in one of the leading papers in New York and the official organ of the city of Fitzgerald, and in such other papers as said commission may deem wise, for a period of thirty days. Sealed bids for said bonds shall be received and said bonds shall be sold to the highest and best bidder. The sale of said bonds shall be ratified by the mayor and council. Sale of city bonds.

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SEC. 14. Be it further enacted by the authority aforesaid, That Section 81 of said Act be amended by the insertion of the word not between the words for and more in the sixth line of said Section; so that said Section, when so amended, shall read as follows: SEC. 81. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power to grant franchises, easements and rights-of-way over, in under and on the public streets, lanes, alleys, sidewalks, parks and other property of said city on such terms and conditions as they may fix; provided, that franchises shall be granted for not more than a term of twenty years, nor without compensation to the said city, to be provided for in said franchise ordinance. Franchises. SEC. 15. Be it further enacted by the authority aforesaid, That Section 93 of said Act be amended by striking from the seventh line thereof the word eight, and inserting in lieu thereof, the word five, and by striking from the eighth line thereof the word two, and inserting in lieu thereof, the word one, and inserting after the word city and before the word who the following: And one from the city at large, who shall be the president of said board, and by adding at the end of said Section the following: Provided, however, that this amendment shall not operate upon or in any way effect the present board or its officers or members, so that said Section, when so amended, shall read as follows: SEC. 93. Be it further enacted by the authority aforesaid, That the territory included within the corporate limits of the city of Fitzgerald shall be, and is hereby, constituted an independent school district, and that at the first general election held in said city, on the third Tuesday in December next, and biennially thereafter, there shall be elected a board of education, consisting of five members, who shall have the same qualifications as members of the city council, one member

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from each ward of the city, and one from the city at large, who shall be the president of said board, who shall serve two years, and who shall be elected in the same manner as is provided for the election of aldermen for said city: Provided, however, that this amendment shall not operate upon, or in any way effect, the present board or its officers or members. Board of education. SEC. 16. Be it further enacted by the authority aforesaid, That Section 94 of said Act be amended by striking from the sixth line thereof, the word president, and inserting in lieu thereof the word treasurer, so that said Section, when so amended, shall read as follows: SEC. 94. Be it further enacted by the authority aforesaid, That before entering upon their duties as members of said board of education they each shall subscribe to an oath to faithfully discharge their duties as members of such board of education to the best of their ability. They shall have the power and authority to elect from their number a treasurer, vice-president and a clerk, and make such rules and regulations for the government of their body, and for the government and management of the public schools of said district as they may deem fit and proper, and that are not inconsistent with the terms of this charter and the general laws of this State. Powers of board. SEC. 17. Be it further enacted by the authority aforesaid, That Section 96 of said Act shall be amended by adding at the end of said Section the following: The mayor and council of said city shall not erect or buy for school purposes any building until said school board shall have approved of the location, plans and specifications of such building. The said school board is hereby clothed with the authority to negotiate loans, if such be necessary, for the prompt payment of its teachers or other employees, either through the mayor and council of said city, or directly of itself on behalf of, and to

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be binding, upon, itself and its successors, which said loans shall not exceed, and are to be paid out of its own income from the State, county, city or otherwise, for the year in which the loan is contracted, so that said Section, when so amended, shall read as follows: School buildings and teachers. SEC. 96. Be it further enacted by the authority aforesaid, That said board of education shall have the power to establish and maintain a system of public schools within said district, to hire a superintendent, teachers, janitors and all necessary help and assistants, and to fix the term of school months to be taught each year, and the compensation and duties of a superintendent, teachers and other help, and to designate the books to be used in said schools; and fix the amount of the matriculation fees of students residing within the city, and to fix the amounts to be paid by, and the terms on which parties living outside of the school district may send pupils to said schools; to provide for free books, knives, charts and school apparatus; and they shall have full charge and control of all school property belonging to said city and school district. The mayor and council of said city shall not erect or buy for school purposes any building until said school board shall have approved of the location, plans and specifications of such building. The said school board is hereby clothed with the authority to negotiate loans, if such be necessary, for the prompt payment of its teachers or other employees, either through the mayor and council of said city, or directly of itself on behalf of, and to be binding upon itself and its successors, which said loans shall not exceed, and are to be paid out of its own income from the State, county, city or otherwise, for the year in which the loan is contracted. Public school system. SEC. 18. Be it further enacted by the authority aforesaid, That Section 97 of said Act shall be stricken, and in lieu thereof the following shall be inserted: SEC. 97. Be it further enacted by the authority aforesaid, That it shall be the duty of the said board of

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education to make an estimate of the amount of funds necessary to carry on the public schools for each ensuing year, and report the same to the mayor and council at least ten days prior to the time of making the annual city tax levy. It is hereby made the duty of the mayor and city council of the city of Fitzgerald to levy and collect as a tax the amount so reported to them by the said board, and to turn the proceeds thereof over to the treasurer of said board; provided, ho vever, that the amount so reported and collected shall not exceed five mills of the taxable value of the property of Fitzgerald, according to the city assessment. It shall be the duty of the treasurer of said city to turn over to the treasurer of said board at the end of each month all moneys in his hands belonging to said board from whatever source collected. Said board of education shall hold a regular meeting at least once each month and oftener if necessary, and it shall have full power and authority to audit all bills against said district, and to draw warrants on the treasurer for the payment of the same when they become due, whether there be funds in his hands sufficient to pay said warrants or not, and said warrants shall draw interest at the legal rate from the date of the registration of the same in the office of the clerk of said board. The said treasurer shall give a good and sufficient bond conditioned upon the faithful discharge of his duties as such treasurer, and in amount to be fixed by the board, which said bond shall be approved by the said board and paid for by it. The said treasurer shall receive such compensation as the board may fix, to be paid by the said board monthly, but not to exceed the sum of fifty dollars per year. School tax. SEC. 19. Be it further enacted by the authority aforesaid, That said Act shall be amended by adding to it the following Section, to-wit: SEC. 102. At the regular election in December, 1908, there shall be elected by the qualified voters of said city a tax assessor, who shall hold his office for a term

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of one year, and whose authority and duty it shall be to assess all property in said city for the purpose of city taxation. The assessment roll shall be compiled by him at least ten days prior to the first Monday in April of each year, by which time he shall deliver said roll to the clerk of the city council, to be kept by said clerk among the records of his office and opened for inspection from the delivery to him until the first Monday in April, at which time he shall deliver the same unaltered to the board for review or equalization hereinafter provided for. Tax assessor. SEC. 20. Be it further enacted by the authority aforesaid, That the said Act be amended by the addition to it of the following Section: SEC. 103. The board of review and equalization shall be composed of three members of the city council, to be selected from its members by said body, and this said board shall have its regular annual meeting on the first Monday in April of each year. The clerk of the council of said city shall act as the clerk of said board, and he shall keep an accurate record of all changes made by said board in the valuation of property and of all other proceedings of said board. The said board shall have all of its meetings at the city hall, and shall be clothed with the authority to correct and equalize the assessment roll. The said board may adjourn from day to day until its work is completed, and a majority of the whole board shall constitute a quorum to transact business. If no quorum is present, the clerk may adjourn the meeting from day to day until a quorum is secured. The said board may change the valuation and assessment of any real or personal property upon the assessment roll by increasing or diminishing the assessed valuation thereof, as shall be reasonable and just, so as to render the assessment and taxation uniform; provided, however, that the valuation of any property as fixed by the assessor upon the said roll shall not be increased by the said board more than ten per cent. without

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first giving the owner or his duly constituted agent notice of the intention of the board to make such an increase, which said notice shall be served by a policeman of the city of Fitzgerald upon the said owner or agent in person, if to be found, or by leaving a copy at his most notorious place of abode, or place of business, if any, or if impossible to serve in either of the aforesaid ways, then by leaving a copy at his last place of residence; and the said notice shall state the time when the board will be in session to act upon the matter. It shall be the duty of said board to place upon and to add to the assessment roll, and to assess a value for any property subject to taxation which does not appear upon the assessment roll, the value so placed upon such property shall be such that said property shall bear an equal and just portion of its taxes. The sessions of said board shall be public, and any person feeling aggrieved by anything in the assessment roll may, either in person or by agent or attorney, apply to the said board for correction of the alleged errors in the listing or valuation of his property, and the board may correct or change the same as it deems just and equitable. If the board has reason to believe that any person has failed to return to the assessor all property required by law to be returned by him, or if any person refuse to swear to the return made by him to the assessor, the board shall give notice to the person whom they believe has so failed to make return, or who has failed to swear to his return, which said notice shall be given in the manner hereinbefore pointed out as the manner of giving notice before making an increase, above ten per cent. in valuation of property, and when such person has appeared in response to such notice, the board may administer an oath to him and examine him under oath in regard to said matters; and if such person, after being so notified, shall refuse or fail to answer or fail to appear, the said board shall assess such property at such value as to them shall seem just and equitable.

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Each member of said board shall receive for his services the sum of two dollars per day for each day that he attends a session of the said board. The assessor hereinbefore provided for shall receive the sum of two dollars and a half for each day's work actually done by him, and he and the members of the said board shall be paid their bills for such service as other bills against the said city are paid. Board of equalization. SEC. 21. 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. Approved August 17, 1908. FORREST PARK, INCORPORATED. No. 409. An Act to incorporate the town of Forrest Park, in the county of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Forrest Park, in Clayton county, Georgia, is hereby incorporated as a town, under the name and style of the town of Forrest Park. Forrest Park, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall be one-half mile in each direction from the center of the Central railroad track, just

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in front of Central depot, power being hereby given to the corporate authorities of said town to alter, modify, change and rectify said boundaries. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town consists of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the town of Forrest Park, and by that name shall be capable of suing and being sued, in any court of law or equity, make contracts, purchase and hold and dispose of real estate, and personalty, and sell, lease and exchange the same, and generally do all things pertinent to a corporation of such character, whether now allowed by law or which may be hereafter conferred upon the same. Mayor and aldermen. SEC. 4. Be it further enacted, That H. F. Puckett be, and he is hereby appointed, mayor, J. M. Willingham, W. J. Scott, I. A. Christian, R. E. Huie and S. C. Yancey be, and they are hereby appointed, aldermen of the said town of Forrest Park, to hold office until the next and first annual election, as herein provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That on the second Wednesday of January, 1909, and on the same day in each year thereafter, an election shall be held in the council chamber of said town for a mayor and aldermen thereof, who shall hold their offices for one year from said day, and until their successors are elected and qualified. All persons being eligible to hold said office who are qualified at the time to vote for members of the General Assembly of this State and have [Illegible Text] in said town three months immediately preceding said election. All persons shall be qualified to vote for said officers who are qualified as above to hold the same. Such elections shall be held and conducted as are those for county officers, and the certificate of the managers shall authorize the persons so elected to enter upon the discharge of the duties of said offices, the returns of said election being made to the mayor and aldermen of

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said town. In the event of a vacancy occurring in any of said offices, the same shall be filled as to the mayor by the board of aldermen selecting one of their number to fill the unexpired term; and as to an alderman, by the selection of some fit and proper person of the town, by the mayor and remaining aldermen. Mayor and aldermen, election. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties, the mayor and aldermen shall take an oath to faithfully discharge the duties devolving upon them respectively, to the best of their ability and understanding. Official oath. SEC. 7. Be it further enacted, That the said mayor and aldermen shall have power and authority to elect such marshals, clerks, treasurer and other officers as they may deem necessary to properly carry out the affairs of said town, prescribe the duties and fix the compensation of such officials, and require bonds therefrom, make and pass all ordinances, by-laws, rules and regulations which they may deem necessary for the good order, peace, health and government of the town, and for the enforcement of the powers herein provided and granted; have exclusive jurisdiction over the streets, alleys, sidewalks, drives, parks and other public property of said town, keeping the same in good order, and removing all obstructions of the same at the expense of the person obstructing the same, construct and maintain at such time as they may determine, waterworks, drainage and sewerage systems, lights and other modern improvements, issuing bonds, when necessary, to pay for the same, establish and regulate police, fire and sanitary protection for said town, when, in their judgment necessary, grant municipal franchises, raise revenue by taxation, and grant licenses to defray the expenses of the government, regulate the sale and barter of merchandise within the limits of said town, and the exhibition of shows, and impose on the same all proper taxation and license, and generally do all things

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whatsoever, not repugnant to the laws of Georgia, which may be incident to municipal corporations. Powers of mayor and aldermen. SEC. 8. Be it further enacted, That said mayor and aldermen of said town shall have the power to enforce its ordinances, rules and regulations by fine, not exceeding fifty dollars or imprisonment not exceeding thirty days. Punitive powers. SEC. 9. Be it further enacted, That the mayor and aldermen of said town shall have authority to elect a mayor pro tem., who shall discharge the duties of mayor during the absence or inability of the mayor from sickness or other causes, to perform the said duties of the mayor elected and qualified, and the mayor and mayor pro tem., shall be, by virtue of their said office, justices of the peace as to criminal matters, with power to issue warrants and commit for trial, compel the attendance of witnesses, hold examinations, and admit to bail or commit to jail in default thereof. Mayor pro tem. Powers of mayor. SEC. 10. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof, shall see that the ordinances, rules and regulations are enforced, shall have control of the police force of said town, appointing special policemen as the emergency may arise, and generally shall do all things essential for the proper discharge of his duties as such chief executive. Powers of mayor. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1908.

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FRANKLIN, CHARTER REPEALED. No. 349. An Act to repeal an Act approved September 23rd, 1881, establishing a new charter for the town of Franklin, in the county of Heard, which constitutes the present charter of the town of Franklin, in Heard county, Georgia, and for other purposes. 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 the Act approved September 23rd, 1881, incorporating the town of Franklin, in Heard county, Georgia, and establishing a new charter for said town be, and the same is, hereby repealed. Franklin, town of, charter repealed. SEC. 2. Be it enacted by the authority aforesaid, That this Act shall become operative when a bill entitled An Act to incorporate the city of Franklin, shall have been approved by the Governor of the State of Georgia. SEC. 3. Be it enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 6, 1908. FRANKLIN, CITY OF, INCORPORATED. No. 564. An Act to incorporate the city of Franklin, in the county of Heard, State of Georgia; to provide for a mayor, recorder and council, and to prescribe their qualifications, terms of office and manner of election; to confer

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on said mayor, recorder and council certain duties, powers and privileges; to provide for all elections necessary for the purpose herein; to locate voting places and methods of elections, and to designate the qualifications of voters; to provide for the government of said city, and to regulate the police and officers thereof, their term of office, salaries and duties; to fix the salaries and duties; to fix the salaries of all other officers, to make all contracts of the town of Franklin valid and binding for and against the city of Franklin and to vest in the city of Franklin the title of all property owned by the town Franklin; to define the corporate limits of said city and its location; to provide for public improvements of said city; to provide for the laying out and opening streets, sidewalks, driveways, alleys and other public grounds, and for the maintenance of the same; to authorize the condemnation of private property, according to law, for the purposes of such streets, sidewalks and alleys, or for other public purposes; to provide for the issuing of bonds for public improvements, and to provide how, when, and under what conditions, in what way, and for what amount said bonds may be issued; to provide for the payment of said bonds, and for the levy of taxes for that purpose; to provide for the assessment and collection of taxes for general purposes upon all kinds of property and business therein; to provide for the enacting of all necessary ordinances, and the enforcement thereof; to provide for the manner of collecting taxes of all kinds, including street taxes, and for the appointment of tax assessors, prescribing their duties and powers, and for other purposes incidental to the government of said city of Franklin. 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 from and after the passage of this Act the inhabitants of the territory now embraced

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in the corporate limits of the town of Franklin, located in the county of Heard and State of Georgia, be and they are, hereby incorporated under the name and style of the city of Franklin, and by that name shall be, and are, hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, privileges, titles, property, easements and hereditaments heretofore belonging to the town of Franklin or the mayor, recorder and council thereof, are hereby vested in the city of Franklin created by this Act. And the said city of Franklin may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact, through and by its mayor, recorder and council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to such city council and mayor and recorder may seem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the city of Franklin shall be able by law, and is hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain, temporarily or perpetually, for any period of time, any property, real or personal, any estate, land, tenements and hereditaments of any kind whatsoever, whether within or without the corporate limits of said city, for corporate purposes. Said city of Franklin created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of the former town of Franklin. Franklin, city of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said city of Franklin shall be embraced in a circle, whose diameter shall be one mile, and whose center shall be the center of the courthouse in the public square, located in said city, except they shall

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not extend beyond the western banks of the Chattahoochee river. Corporate limits. SEC. 3. Be it further enacted, That the government of said city of Franklin shall be vested in a mayor, recorder and five councilmen who shall compose the city council, whose qualifications and manner of election is hereinafter prescribed. Mayor, recorder and councilmen. SEC. 4. Any male resident of said city, who shall be twenty-one years of age, while a freeholder of real estate within said city, who shall have been a resident of the State of Georgia for a period of twelve months and of the city of Franklin for six months, and who shall have paid all State, county, municipal taxes, shall be eligible to the office of mayor, recorder or councilman of said city, such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named. Eligibility to office. SEC. 5. Be it further enacted, That on the first Wednesday in February, nineteen hundred and nine, and biennially thereafter on the same day an election shall be held in said city, in manner and place hereinafter provided, for the purpose of electing a mayor, recorder and council for said city, whose terms of office shall be two years, or until their successors are elected and qualified. Their terms of office shall begin March 1st following their election. In case no election is held at regular time provided by this Act, a special election may be called by the mayor, recorder and council to be held on some other day, first giving twenty days' notice of such election by posting notice thereof at the courthouse door in said city and at the postoffice and courthouse. Election of mayor, recorder and councilmen. SEC. 6. Be it further enacted, That all elections under the provisions of this charter, whether regular or special, and whether for the election of officers or the submission to the people of said city the question

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of issuing bonds of said city, or for any of the purposes for which an election may be held in and for said city, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders who are bona fide residents of said city, and who shall be appointed by the mayor for that purpose. In case no appointment is made, then any three citizens, having the qualifications prescribed may act. Each of said managers, before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their number, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, to the best of our skill and power, so help us God. Said managers shall keep, or cause to be kept two lists of voters and two tally-sheets. All elections shall be held in the courthouse of said city, and shall be held between the hours of 10 o'clock a. m., and 3 o'clock p. m., and shall be by written ballot. Those receiving the majority of the votes cast for the respective offices shall be declared elected. Said managers shall certify two lists of voters and two tally-sheets, place one of each in the ballot box and securely seal same, and shall forthwith deliver the same to the recorder of the city, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted, shall destroy the same, without himself inspecting or allowing any one else to inspect said ballots. The other tally-sheet and list of voters, together with a certificate showing the result of the election, and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the city council, held not less than four days after the date of such election, at which time, and in the presence of said council, he shall open the same and declare the result. If any person desires to contest any election held hereunder said contest shall be

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had under the general laws of the State governing municipal contests. Election managers. SEC. 7. Be it further enacted, That every male citizen of the city of Franklin as incorporated under this Act, who is twenty-one years of age, and who shall have resided in the State of Georgia for twelve months and in the city of Franklin for six months next preceding the election, and who has legally registered as a voter, and who shall have paid all taxes that may have been required of him, except for the year of election, and who has paid all fines, licenses, business taxes and registration fees, and who has not been convicted of any crime involving moral turpitude, unless pardoned, shall be qualified to vote in any city election held in the city of Franklin for any purpose whatever. Voters. SEC. 8. Be it further enacted, That the recorder, or if the mayor, recorder and council so desire it, then some other person by them appointed, shall open at some accessible place, as may be designated by said mayor, recorder and council, on the first Monday in January in each election year, a list for the registration of voters for said city, which list shall be kept open every day, except Sunday and legal holidays, between the hours of nine and twelve in the morning and three and five in the afternoon, from the day openel until the tenth day before the regular election day on the first Wednesday in February, when said list shall be finally closed. The regular registrations for said February elections shall be good and valid for any election that may be held for any purpose during the year following, but for any election held during such election years previous to the first Wednesday in February, then and in that event the mayor, recorder and council shall cause a list to be opened thirty days before any such election, which list shall be closed on the tenth day before such election. Said registration

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list to be opened and managed in like manner as the list for the regular election in February, as above provided; provided, that any registration for any special election at any time during said election year shall be sufficient for the regular election in February. It shall be the duty of the recorder or other person in charge of such list upon application of any person entitled to vote, which application shall be personal, not by proxy, to register the name of such person, together with his age and occupation, by having such person subscribe his name to the following oath: I do swear that I am twenty-one years of age, or will be by the next city election; that I am a citizen of the United States; that I have resided in this State for a period of twelve months last past, and in the city of Franklin for the last six months; that I have paid all legal taxes and assessments required of me by law, and I have never been convicted of crime involving moral turpitude and not pardoned, so help me God. Said recorder or person in charge of said list is hereby authorized and qualified to administer such oath. Nothing herein contained shall be construed to prevent the mayor, recorder and council, by unanimous vote, from declaring that the registration list for any regular election shall be used at any special election held within two years; provided, any legal voter who has not registered may do so at any time up to ten days before such special election. Registration of voters. SEC. 9. Be it further enacted, That at such time as the mayor, recorder and council may deem proper before the date of any election held in said city not exceeding thirty days before such election, the said mayor, recorder and council shall elect three citizens of said city, who shall constitute and be known as a board of registrars for said city; no person who is a candidate for any office to be filled at such election is eligible to serve as a member of said board of registrars. Such registrars shall qualify by taking the following

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oath before any person authorized by law to administer oaths, to-wit: I swear that I will diligently and impartially examine and revise the registration list of the city of Franklin according to the laws governing the same to the best of my ability, so help me God. This oath shall be recorded by the recorder on his book of minutes. As soon as possible after the registration shall be closed the person in charge of the same shall deliver said list to said board of registrars, whose duty it shall be to diligently and thoroughly examine the same for the purpose of ascertaining if any person has registered illegally, and to this end may summon all persons as to whose right to register they may entertain any doubt, either from the examinations of the tax books of the city, the State or county, the criminal record, or for any other cause, to appear before them and show why their names should not be stricken from the said registration list. Said summons shall be served by the marshal of said city, or in case he can not serve them, then by any other person elected by said board for that purpose. Said summons shall be served upon the person named therein not later than the day preceding the day upon which he is summoned to appear. Should said examination show to the satisfaction of the majority of said board that the person summoned is not entitled to registration under existing laws, his name shall be striken from said list, and should the person so summoned fail to appear, the board shall proceed as though he were present. Any person living in said city who claims the right to register, but whose name has not been entered upon the registration list, may appear before the said board of registrars, and if he shall convince a majority of said board that he is a qualified voter of said city, that he has been unlawfully denied the right to register, or that he has some good satisfactory reason for not registering while said registration was open to the public for the purpose of registering voters, then said

Page 697

board shall enter his name upon said list as if he had registered before the list was closed. After a thorough examination and revision, said board shall prepare two lists, alphabetically arranged, of all the names left upon said registration list after the same has been examined and revised, and shall certify the same as a correct list of the qualified voters of said city. Said registrars shall then deliver said lists to the managers of the election on the day of such election. No person shall be allowed to vote at said election whose name does not appear upon said list. Said registrars, as well as said election managers, shall be paid out of the city treasury such amount as may be fixed by the mayor, recorder and council, not to exceed two dollars per day for each person for each day required in the performance of these duties. Registrars. SEC. 10. Be it further enacted, That before entering upon the discharge of their duties, the persons elected as mayor, recorder and councilmen, and each of them, shall take and subscribe before some officer authorized by law to administer oaths, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor, recorder (or councilman as the case may be) of the city of Franklin to the best of my skill and ability, and as shall seem to me the best interest and welfare of said city without fear, favor or affection, so help me God. Official oath. SEC. 11. Be it further enacted, That at any regular or special meeting of the mayor, recorder and council, after their election and qualification, said mayor, recorder and council shall elect a marshal or marshals, a city attorney, and other officer or officers as the mayor and council may deem necessary. The mayor, recorder and council may prescribe the duties of all such officers, their compensation and their oaths of office, together with such bonds for the faithful carrying out of the same as they may see fit. All said officers shall

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hold their offices at the pleasure of the mayor, recorder and council. Officers. SEC. 12. Be it further enacted, That the mayor (or mayor pro tem., who shall be elected by the council from their number) and three members of the council, or said mayor, recorder and two members of the council, shall constitute a quorum for the transaction of any business before the council and the majority of the votes cast shall determine all questions and elections before the council, the mayor or mayor pro tem., if the latter be presiding, not being entitled to a vote except in ease of a tie. Said mayor, recorder and council shall hold their meetings within the limits of said city at such time and place as they may deem proper. They may fix a time and place for regular meetings, but at any special or call meeting of the body, whether at the regular time and place or otherwise, the mayor, recorder and council shall have just as ample power as at any regular meeting, and may do and perform any of the things, duties and powers, that they could do and perform at any regular meeting. Quorum and meetings of council. SEC. 13. Be it further enacted, That during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. In case of the death, resignation or removal from office, or removal from the city, of the mayor, the mayor pro tem. shall order an election to fill said vacancy, as is prescribed in Section 5 of this Act; and in case of a vacancy in the office of recorder or the councilmen, arising from any cause, said vacancy to be filled by an election to be ordered by the mayor or mayor pro tem., or city council, in the same manner as is prescribed in Section 5 of this Act. Mayor pro tem.

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SEC. 14. Be it further enacted, That the mayor shall receive a salary to be fixed by the council, not to exceed one hundred dollars per annum; he shall be the chief executive officer of said city and shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers whenever he may deem it necessary for the protection of persons or property and for the preservation of the peace and good order of the said city. He shall preside at all meetings of the city council and shall have the veto power, and may veto any ordinance, order or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four councilmen and the recorder or by five councilmen on a yea and nay vote duly recorded in the minutes of said council; provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and file with the recorder within four days after the passage of the measure vetoed. He shall preside over the mayor's court, hereinafter provided for, and shall have the power to punish for contempt, both before the city council and before said mayor's court, by any fine not exceeding $25.00, or by imprisonment in the city prison, either or both, in the discretion of the mayor. It shall be the duty of the mayor to preserve the peace, and he shall be exofficio justice of the peace so far as to enable him to issue and try warrants for criminal offenses committed within the jurisdiction of the city of Franklin. All city employees under the jurisdiction of the mayor, recorder and council shall be directly and immediately subject to the mayor. He shall have general supervision of the affairs of said city, and shall have authority to convene the council in extra session whenever he deems it proper so to do. He shall have vested in him all powers

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and duties as are vested by general law in mayors in this State. Mayor, salary, duties and powers. SEC. 15. Be it further enacted, That there shall be a mayor's court in the said city for the trials of all offenders against the laws and ordinances of said city, to be held by the mayor as often as necessary at the office of said mayor, or in his discretion in the courthouse in said city. In the absence or disqualification of the mayor, the mayor pro tem. shall preside and hold said court, and in the absence or disqualification of the mayor pro tem., any member of the council elected for the purpose by the council shall hold said court. Said court shall have the power to preserve order, punish for contempt, as hereinbefore provided. Said court is hereby empowered to compel the attendance of witnesses and unto that end may by rule for contempt punish witnesses for failure to obey (for failure to obey), the mandates and subp[oelig]nas of the court. Said court shall be authorized and empowered to punish for violations of the laws and ordinances of said city by imprisonment in the city prison for a period not exceeding sixty days; by compelling the defendant, or offender to labor upon the streets of said city for a period not longer than sixty days, by a fine not exceeding $100.00 and the cost of the court, which fine may be collected by execution, and by any one or more of these punishments, in their discretion. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The recorder and marshal of said city are hereby made officers of said court, and shall be entitled to such fees and costs from the losing party as the city council may prescribe. Mayor's court. SEC. 16. Said court shall be conducted in like manner to the superior or city court of this State, so far as the same is practicable, as to rules of evidence, motions, continuances, and other matters pertaining to

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courts, or for the trial of offenders against the criminal law. When any person or persons are brought before said court charged with a violation of any of the ordinances, regulations or rules of said city, and the hearing thereof, for good cause shown by either side shall be continued to some other time as the court may name, the accused shall be required to give bond and security for his appearance at the time appointed for trial or be imprisoned to await trial. Proceedings in mayor's court. If such bond be given and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the court, and upon calling in open court for the securities to produce their principal, which not being done, the bond shall be summarily forfeited and execution issued thereon and levied as any other execution from any of the courts of this State. The recorder of the court shall keep a record of all business transacted by the court, shall issue all executions authorized to be issued by said court, which executions shall bear test in the name of the presiding officer before whom the bond was forfeited. The duties of the recorder and marshal of said court shall be similar, as far as practicable, to the duties of the clerk and sheriff of the superior court or city courts of this State. The fees of the city attorney, recorder and marshal of said court shall be such as the mayor and council shall prescribe in each case tried in said court, or otherwise disposed of. SEC. 17. Be it further enacted, That all offenders against the laws and ordinances of said city of Franklin, shall be tried in the mayor's court upon a written or printed accusation against the accused, in manner and form substantially as follows: State of Georgia, city of Franklin. I,....., marshal, (or citizen as the case may be), in the name and behalf of the city of Franklin, charge and accuse..... with the offense of..... (stating the offense charged), contrary to the laws and ordinances

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of said city, the good order, peace and dignity thereof. This..... day of..... 190..... This accusation shall be signed by the marshal or citizen making the same in the presence of the mayor or acting mayor, who shall attest the same. The mayor or acting mayor or recorder may then issue a warrant for the arrest of the accused, which warrant shall be directed to the marshal of said city, his lawful deputies, or any arresting officer of Heard county; and it is hereby [Illegible Text] the duty of any such arresting officer in whose hands said warrant may be placed to arrest the accused and bring him before said mayor's court; provided, that nothing herein contained shall prevent the marshal or any officer of said city from arresting without warrant or accusation, any person guilty of violating the ordinances or laws of said city, or any one reasonably suspected of so doing; provided, further, that no person so arrested shall be held longer than twenty-four hours unless accusation is made and the accused brought before said mayor's court within that time except Sundays. Accusations. SEC. 18. Be it further enacted, That any person convicted before the mayor or other presiding officer of said court, may enter an appeal from the judgment of said court to the city council; provided, the appeal be entered within four days after the judgment complained of is announced; and provided, further, that the defendant pays all costs accrued in the case and gives bond to abide the final decision, which bond shall be approved by the recorder or marshal. The city council shall as early thereafter as practicable, hear and determine said case so appealed and shall investigate the case de novo. If they find the defendant guilty, the sentence or judgment of the mayor or presiding officer shall then stand and be enforced. Any person convicted by the mayor's court, or by the council on appeal, may have the right to certiorari to the superior court of Heard county; provided, all costs are first paid

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and bond and security given in double the amount of the fine imposed, if a fine is imposed, to answer the final judgment rendered in the case; and provided, further, that nothing herein contained shall prevent a defendant who desires to appeal his case to the council or to make application for certiorari, from filing the usual pauper affidavit, in lieu of either the giving bond or payment of costs, or both. All such certioraries shall be governed by the same rules of law that govern all other certioraries. For any fine imposed by the said mayor's court the recorder may issue executions against the defendant, to be levied on any of his goods, chattels, lands and tenements, or upon failure to pay the same, the court may sentence such defendant to jail in the city prison or both may be done. Appeals after conviction. Certiorari. SEC. 19. Be it further enacted, That the mayor and council shall establish a city prison in such way and in such place as they may deem expedient and to this end may buy, build, lease, rent, or otherwise secure a proper house or compartment for the safe imprisonment of all its prisoners. It shall be lawful for said mayor and council to use the common jail of Heard county, or any compartment of the same, for a city prison, should they deem it desirable so to do; provided, the county authorities shall permit the same to be done. City prison. SEC. 20. Be it further enacted, That the mayor of said city shall have the authority in his court to bind over or commit to jail offenders against the criminal law of Georgia, whenever, in the course of investigation before him, a proper case therefor shall be made out by evidence. Appearance bonds. SEC. 21. Be it further enacted, That in addition to the other powers especially delegated to the city council by this charter, they shall have power to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome, to

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protect places of divine worship in said city; to exact licenses and license fees from persons, firms and corporations as a condition to their engaging in business or occupation, or profession within the limits of said city, and to provide for the punishment of those who engage in business within said city without paying such license or fee and otherwise complying with laws of said city; to pass all necessary ordinances and by-laws respecting public buildings and grounds, carriages, wagons, drays, bicycles and wells and for presentation and punishment of disorderly conduct and conduct liable to destroy the peace and tranquility of a citizen, or citizens thereof and every other by-law, ordinance and resolution that may seem necessary and proper for the peace, health, order and good government of said city, and to do generally all other acts and things, which, in the judgment of said council will improve the morals, health, comfort, safety and convenience and general welfare of its citizens; provided, that the same are not inconsistent with the laws of this State or of the United States. Police powers. SEC. 22. Be it further enacted, That before any ordinance shall be adopted by the council, it shall be read at two separate meetings of the council; provided, that an ordinance may be adopted at its first reading by unanimous consent of those of the council present if there be a quorum. That where any ordinance that has been adopted shall become operative and of full force and effect, it shall be spread upon the minutes and posted at two public places in said city. No regular form or ordinance shall be required but such ordinances shall plainly and distinctly set forth the measure or measures intended. Ordinances. SEC. 23. Be it further enacted, That the city council of Franklin shall have full power and control over the streets, sidewalks, alleys and parks of said city, and shall have full power and authority to condemn property

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for the purpose of opening, laying, or widening of streets, alleys or parks, or for the erection thereon of any public buildings necessary for said city or any of its departments, or for the changing of any street, sidewalk, alley or driveway, or for any other public purpose; and whenever city council shall desire to exercise the power granted in this Section it may be done as provided in Sections 4657 to 4686, both inclusive, of Volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof, and the same may be done whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian, or other agent or representative, or otherwise, as provided by said Sections of the Code. Said council shall have full power and authority to remove or cause to be removed, any buildings, steps, fences, gates, posts or other obstructions or nuisances, in the public streets, lanes, alleys, sidewalks, driveways, or other public places in said city, and to enforce all the provisions of this Section, as well as any other Section of this charter by appropriate legislation. Streets, etc. SEC. 24. Be it further enacted, That the city council shall have power to require every male inhabitant in said city who, by the laws of Georgia is subject to be worked on the public roads to work such length of time on the public streets, sidewalks, alleys, lanes, driveways or other public property of said city as said city council shall direct, in no case to exceed six days for any one year. Said person, so subject to be worked on the streets of said city shall have the right to relieve himself of said work by paying commutation or street tax, the amount of which shall be fixed by the council, and which shall in no event exceed the sum of three dollars for any one year, said work to be done and said commutation or street tax to be paid at such time and in such proportions as may be prescribed by the mayor and council. Any person subject to work on the streets who shall fail to work or to pay said commutation

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tax after having been duly notified, may be punished in the mayor's court as any other offender against any of the laws or ordinances of said city. Street work or commutation tax. SEC. 25. Be it further enacted, That said city council shall have full power and authority to grant franchises, easements and rights of way over, in, under, and on the public streets, lanes, alleys, sidewalks, driveways or other property of said city, on such terms and conditions as said mayor, recorder and council may prescribe. Franchises. SEC. 26. Be it further enacted, That all writs, processes, subp[oelig]nas, summonses, rules of all kinds, and all executions for any and all kinds of taxes, licenses, fines, assessments, forfeitures or demands, assessed by the proper authorities of said city against any person, firm or corporation or company whatsoever, shall be issued and signed by the recorder, and bear test in the name of the mayor of said city, unless otherwise provided, and shall be directed to the marshals of said city, his deputies and to all and singular the sheriffs and constables of this State, and each and all of said directors are hereby authorized and required to serve and execute the same. Processes, etc. SEC. 27. Be it further enacted, That all personal property levied upon by virtue of any of the executions or other processes of said city, which shall be within the county of Heard at the time of such levy, shall be sold at the door of the courthouse in said city of Franklin, after advertising such sale for ten days by written notice posted at two public places in said city, which notice shall designate the day and place of sale, a reasonable description of the property to be sold and the process under which same has been levied. When real estate in the city of Franklin, the county of Heard, is levied upon by virtue of any of the processes aforesaid, the same shall be sold at the courthouse door of Heard county, after having advertised

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the same in the manner provided for sheriff's sales of land under ordinary executions in this State. In all sales of personal property the marshal of Franklin or his deputy shall conduct said sale in manner, as near as practicable, similar to the sales of personal property by the constables of this State. All sales made under authority of this charter shall be between the hours of 10 o'clock a. m. and 4 o'clock p. m., and to the highest and best bidder for cash. If a claim shall be filed to any personal property so advertised to be sold, the marshal shall return the execution, together with the claim, bond and affidavit to the justice of the peace for the 788th district, G. M., of said county in which district said city is located, where such claim case shall be tried as other claim cases in justice courts of this State; provided, that if the amount of execution levied, exclusive of costs and interest shall exceed the sum of one hundred dollars, the said marshal shall deliver said execution and said claim paper to the clerk of the superior court of Heard county in which court the same shall stand for trial and be tried as other claim cases in the superior courts of this State. In all matters of levy and claim the general rules of law as to forthcoming and claim bonds, and other things incident to the same, shall prevail. All claims filed to levies upon real estate shall be returned to and tried in the superior court of the county wherever such realty is located. Sales for taxes, etc. SEC. 28. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the city of Franklin, the mayor, recorder and council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding during any one year one-half of one per cent. of the value of said property, which tax shall not include taxes for school purposes, nor does the same include any tax that may be necessary,

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in the judgment of the mayor, recorder and council, for the purpose of meeting the interest due on any bonds that may be issued by said city, or for providing a sinking fund for the final payment of any such bonds. Ad valorem tax. SEC. 29. Be it further enacted, That said mayor and council shall have power to assess and collect such special tax as they may deem proper, upon each and every or any business, trade, calling, profession. occupation or establishment carried on within the corporate limits of said city, also upon each itinerant trader, stock dealer or peddler who may do business in said city, also upon any railroad, telephone or telegraph company, fire, life, or accident insurance companies, or their agents, express and banking companies or corporation, also upon medicine venders and persons giving theatrical, spectacular, or other like performances, exhibitions and circuses. Specific taxes. SEC. 30. Be it further enacted, That the mayor, recorder and council of said city shall have power and authority to provide by ordinance when taxes due said city shall fall due; in what length of time said taxes shall be paid; when tax executions shall issue against defaulters; and to fix a penalty for non-payment of taxes when due, to provide for the receiving of returns of property for taxation, for the appointment of assessors and any and all other officers they may deem necessary for the purpose of collecting any of the taxes herein allowed; to prescribe the duties of such assessors and other officers; and otherwise to make full and ample provisions, not inconsistent with the laws of Georgia and the United States, for the enforcement and collection of any and all taxes that may become due said city. All such provisions shall be legal and binding upon the citizens of said city as if the same were incorporated as a part of this charter. Collection of taxes. SEC. 31. Be it further enacted, That the city of Franklin may and is hereby authorized to issue its

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bonds, either for the payment of its debts, for the erection of public building, or for any other public improvements or the maintenance thereof, only under the provisions of Sections 377 to 381, inclusive, of Volume 1 of the Code of Georgia of 1895. City bonds. SEC. 32. Be it further enacted, That the mayor or recorder and council of said city are hereby fully authorized and empowered to pass all such ordinances, orders, rules and regulations as they may deem necesary for the health and comfort of the citizens of said city. They may provide such health officers as they may deem proper, prescribe their duties and powers; and what remuneration they shall receive; and such health officer, or officers, shall have and exercise all such powers and privileges as may be vested in him by said mayor, recorder and council by ordinances. General welfare. SEC. 33. Be it further enacted, That the mayor, recorder and council are hereby authorized to adopt all such ordinances, not in conflict with the laws of this State or the United States, as may be necessary to enforce any of the provisions of this charter, or any other rights and privileges as are usually vested in municipal corporations in this State; provided, that should any provision, or provisions, of this charter be in conflict with, or in violation of, any general law in this State, the latter shall prevail and such provision, or provisions, shall be of no effect. Charter rights. SEC. 34. Be it further enacted, That the mayor, recorder and council of Franklin are hereby authorized to enforce the collection of any tax that may have been assessed against any person or property by the town of Franklin, where the same has not been paid and to that end, as soon as this Act shall go into effect, may cause by motion, the recorder to issue execution for the same, as hereinbefore provided; and they may punish, as hereinbefore prescribed, any person who shall have failed to pay to the town of Franklin any

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street tax or to do such street work as may have been assessed against him. Back taxes. SEC. 35. Be it further enacted, That the mayor, recorder and councilmen of the former town of Franklin, to-wit: J. E. Mooty, mayor; Frank L. Loftin. recorder; Chas. E. Eady, William B. Harris, Hope H. Lane Mort A. Lane and Robt. B. Mooty, councilmen, be, and they are hereby, made the mayor, recorder and councilmen of the city of Franklin and they shall continue in office until their successors are elected, qualified and installed as hereinbefore provided, and they and their successors and associates shall have and exercise all the rights, powers and duties, conferred by law upon the mayor, recorder and council of said city of Franklin. Mayor, recorder and councilmen appointed. SEC. 36. Be it further enacted, That the mayor, recorder and council of said city of Franklin are hereby authorized and empowered to use and expend any part or parcel of moneys collected by taxation provided in Section 28 of this Act, for the erection of any buildings, artesian or other well, or for any other public improvement or purpose. Public buildings and wells. SEC. 37. Be it further enacted, That all ordinances and laws of the town of Franklin in force at the time the charter of said town of Franklin was abolished shall be and remain in full force and effect until the city council of the city of Franklin shall abolish or repeal the same; provided, the same shall not be in conflict with the provisions of this Act. Existing laws. SEC. 38. Be it further enacted, That all laws and parts of laws that would conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908.

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GAINESVILLE, CHARTER AMENDED. No. 376. An Act to amend an Act establishing a new charter for the city of Gainesville, approved Febuary 28, 1877 and the several Acts amendatory thereof. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the mayor and council of the city of Gainesville shall have full power and authority to prohibit absolutely in said city the sale of any drink used as a beverage which contains any alcohol or other intoxicating spirits. Gainesville, sale of intoxicants. SEC. 2. Be it further enacted, That all laws in conflict with this Act are repealed. Approved August 11, 1908. GLENWOOD, TOWN OF, INCORPORATED. No. 390. An Act to create a new charter for the town of Glenwood, in Montgomery county, and to incorporate said town and to prescribe its limits; to provide for a mayor and councilmen for said town, and to prescribe their duties and powers; to vest in said new corporation all property and other rights now vested in the town of Glenwood; to supercede the present charter of same as granted by the superior court of Montgomery county; to authorize the establishment of a system of public schools for said town, and provide

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for building and equipping suitable public school buildings; to provide for a system of waterworks; to provide for all other matters of municipal cognizance, and for other purposes. 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 from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the town of Glenwood, located in the county of Montgomery and State of Georgia, and within the limits of said town, as hereinafter stated, be, and they are, hereby incorporated under the name and style of Town of Glenwood, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers and privileges, titles, property, easements and hereditaments now belonging, or in anywise appertaining, to the said town of Glenwood as heretofore incorporated shall be, and are, hereby vested in the town of Glenwood created by this Act. And the said town of Glenwood created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and councilmen, who shall compose the town council, such ordinances, rules, resolutions and regulations for the transaction of its business and the welfare and proper government of said town, as the said town council may deem best, and which shall be consistent with the laws of the State of Georgia and with the laws of the United States. And said town of Glenwood shall be able by law to purchase, hold, rent, lease, receive, sell, exchange, enjoy, possess and retain in perpetuity, or for a term of any years, any estates, real or personal, lands, tenements, hereditaments of any kind or nature whatsoever, within or without the limits of said town, for corporate purposes. Said town of Glenwood, created by this Act, is hereby made responsible,

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as a body corporate, for all legal debts, liabilities and undertakings of said town of Glenwood as heretofore incorporated. Glenwood, town of, incorporated. SEC. 2. Be it further enacted, That from and after the passage of this Act, the incorporate limits of the town of Glenwood shall be as follows, to-wit: From the northwest corner of the Seaboard Air Line depot platform, the present site, extending one-half mile in every direction from same. This territory includes the present corporate limits of the town of Glenwood, as incorporated by the superior court. Corporate limits. SEC. 3. Be it further enacted, That the government of said town shall be vested in a town council composed of a mayor and five councilmen. The present incumbents as mayor and councilmen shall continue in office as the mayor and councilmen of the town of Glenwood under the provisions of this charter until an election shall be held and their successors are qualified. That an election shall be held at the council chamber, or such other place in said town as the mayor of said town shall direct and designate, on the second Saturday in December, 1908, and on the second Saturday in December in each year thereafter, for mayor and five councilmen, who shall hold their offices for one year, beginning January 1st, next after the election of each year, or until their successors are elected and qualified; and should there fail to be an election held in said town at the time above specified from any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places and advertising said notice in any public gazette having circulation in said town; said notice shall be posted ten days before said election. The polls at all elections under this charter shall not open before ten o'clock a. m., and shall be closed at four o'clock p. m. The qualifications of voters at such elections shall be such as are required for electors for the General Assembly, and in addition

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thereto, residence within the corporate limits of said town for six months next preceding the election. and the payment of all legal taxes required of them by said corporation. Mayor and councilmen. SEC. 4. Be it further enacted, That all elections under the provisions of this charter shall be held under the superintendence of a justice of the peace and two freeholders, or by three freeholders in case no justice lives in the town, or in case he fails to act, who shall be residents of said town. Said superintendents shall take an oath for the due and legal and impartial performance of their duties as such superintendents, and shall have all the powers incident to managers of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any voter be challenged, they shall administer to such voter the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resident one year in this State; and for the last six months in the incorporate limits of the town of Glenwood, and have paid all taxes legally required of you by said town of Glenwood, so help you God. All papers incident to such election shall be held for three months by the clerk of the council, and then be destroyed by burning in the presence of the mayor and councilmen at a regular meeting. Election managers. SEC. 5. Be it further enacted, That the superintendents of said election shall conform with the laws governing elections in this State, in so far as they are applicable to said election, and declare the result of said election and certify the same, with the tally sheets and lists of voters, to the town council, and shall issue certificates of election to such persons as received the highest number of votes polled. Those declared elected shall, within the next ten days from said election or at the next regular meeting of the town council, qualify

Page 715

by taking an oath well and truly to perform the duties of their respective offices before an authorized officer in this State to administer oaths, or before the retiring mayor. Said oath shall be filed with the clerk of council and by him preserved with the list of voters and tally-sheets. The oath shall be entered of record on the minutes of council; provided, that in the event of a filing of a contest to said election before the issue of certificate to and qualification of any person elected, the party whose election is contested shall not exercise the duties of this office until the contest shall have been heard and determined. Elections, how held, etc. SEC. 6. Be it further enacted, That at the first meeting of said council in each year, they shall choose from their own number a mayor pro tem. who shall, in the absence, sickness or disqualification of the mayor, be clothed with all the rights, privileges and duties of the mayor-elect during the sickness and absence of the mayor upon taking the usual oath, and not otherwise; and if the mayor pro tempore, as well as the mayor elected by the people, shall both be unable from any cause to attend to their duties, the council shall elect another mayor pro tem., who shall thereby be clothed with all the powers, rights and duties of the mayor of the town upon taking the usual oath. Mayor pro tem. SEC. 7. Be it further enacted, That in case of death, resignation or removal from office, of the removal from the town of the mayor, the mayor pro tem. shall order an election to fill said vacancy, as is prescribed in Section 3 of this Act (in case of failure to hold a regular election), and in case of vacancy in the board of councilmen, arising from any cause, as above mentioned, said vacancy shall be filled by an election to be ordered by the mayor or mayor pro tem., as the case may be, in the same manner prescribed in Section 3 of this Act, as in case of failure to hold a regular election. Vacancies.

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SEC. 8. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid. Eligibility to office. SEC. 9. Be it further enacted, That the mayor and council shall elect a marshal for one year, who shall hold his office until his successor is elected. He shall receive such salary and fees as the mayor and councilmen shall determine by ordinance, and before entering upon the discharge of his duties he shall enter into bond, with good security, in such sum as the council shall require, not to exceed the sum of one thousand ($1,000.00) dollars for the faithful performance of his duties of marshal of said town of Glenwood. He shall keep a record of all money received by him, and pay the same to the town treasurer. The mayor and council may, at any time, remove the marshal from his office for disorderly conduct, abuse of his office, neglect of his official duties, or other conduct unbecoming an officer, and appoint a successor to fill his vacancy for the unexpired term of the retiring marshal. Marshal. SEC. 10. Be it further enacted, That the mayor and council shall elect a clerk of council, who shall keep a record of all the acts of said council, and shall enter all cases on the docket of offenders against ordinances. His compensation shall be regulated by the mayor and council, by ordinance, for his services. They may require of him a bond, with good security, for the faithful performance of his duties, and to account for all money coming into his hands during his term of office. Clerk of council. SEC. 11. Be it further enacted, That the mayor and council shall elect a treasurer, who shall give bond, with good security, to the amount which the mayor and council may fix, not more than two thousand dollars ($2,000.00), for the faithful discharge of the duties of his office; he shall receive all money paid to said council, and shall pay the same out on vouchers signed by the mayor and approved by the council. He shall keep

Page 717

a record of all money received and paid out by him, and shall make out a statement every three months to the council of all money received, paid out and on hand. The mayor and council shall fix the compensation he shall receive by ordinance. Treasurer. SEC. 12. Be it further enacted, That the mayor and council shall appoint a tax receiver, to receive all the returns on all the real and personal property within the limits, and make such regulation necessary for the proper returns of all property within said town of Glenwood, that does not violate the laws of this State relative to all property, real and personal, now or may hereafter be enacted. Tax receiver. SEC. 13. Be it further enacted, That after the receiver of tax returns of said town receives all the returns, the mayor and council will examine the returns made, and they shall have the power to increase the amount returned on all property within said incorporate limits, where the same has not been returned at a fair valuation of its value at the time said returns were made. Tax returns. SEC. 14. Be it further enacted, That all ordinances, by-laws, rules and regulations now in force in said town, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and councilmen of said town. Existing laws. SEC. 15. Be it further enacted, That the mayor, or mayor pro tem., of said town may hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed a fine of one hundred dollars ($100.00), or, in default of the payment of said fine and cost, by labor on the streets of said town or public works of said town, not to exceed sixty days, or confinement in the common jail of the said town, not to exceed sixty days. Police court.

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SEC. 16. Be it further enacted, That the mayor and other officers shall receive such pay and compensation as the mayor and council shall provide by ordinance, but their compensation shall not be increased during their term of office, and the said pay and compensation shall be fixed for the coming year at the first regular meeting in December of each year, and not later than December 15th, and shall run from January 1st to the following January 1st. Salaries. SEC. 17. Be it further enacted, That the mayor and council may have the power to license, regulate and control ten-pin alleys, billiard and pool tables, or to prohibit the establishment of such tables, and remove or abate said tables or alleys when they deem it necessary; they shall have full power and authority to license all livery stables, and all buggies, hacks, wagons, carts and drays and other conveyances kept for hire in said town, and fix such rules and regulations as they deem necessary to govern any person engaged regularly in carrying passengers in or out of said town for pay. They shall have full power to provide and care for and make all necessary repairs to a cemetery for said town; to regulate and provide for the burying of the dead therein; and may sell or convey by deed or grant to persons who wish to purchase any vacant and unoccupied lots in said cemetery for burial purposes; shall have power to employ a sexton for same, with such assistance which may at any time be necessary, and do whatever they deem best to preserve and beautify said cemeteries. Licenses. Cemetery. SEC. 18. Be it further enacted, That said corporation shall have full power and authority to assess and levy and collect all taxes upon real and personal estate within the corporate limits of said town as they deem necessary for the support and government of said town, not inconsistent with the laws and Constitution of this State, and collect such taxes on trades, business occupations,

Page 719

theatrical exhibitions, circuses or shows or other performances exercised, performed or exhibited within the limits of said town, as may be deemed proper; and fix and collect such taxes on any person or company dealing in confectionery, fruits, drinks, founts, hotels, running boarding houses or engaged in any kind of business in the houses, or on the streets or sidewalks of said town, and the mayor and councilmen shall have the further right to refuse or revoke license to any one whenever a majority of the council are satisfied that such person is of loose or low character or reputation, or when the granting or holding of such license is injurious to business, society, morality, religion or the peace, quiet and good order of said town. Taxes. SEC. 19. Be it further enacted, That the mayor and councilmen may establish within the incorporate limits of said town a system of public schools, and for this purpose shall have power and authority to assess and collect additional tax of not more than one-half of one per centum on all taxable property within said town for the purpose of support and maintenance of said schools; provided, that public schools shall not be established or maintained until the question shall have been submitted to a vote of the qualified voters of said town, and approved by such vote as may be required in such cases by the Constitution of this State. Such questions shall be submitted after the same notice and manner as now provided by law for submitting the question of municipal bonds. Said mayor and councilmen shall also have power and authority to issue the bonds of said town for the purpose of raising a school building fund, the proceeds of which shall be appropriated to the purchase of lands and the erection of school buildings thereon; provided, that any debt made or incurred for this purpose shall not be in violation of the Constitution of this State, and if issued shall be in pursuance of, and after an election which shall be held in conformity to, said Constitution and the statutes of this State.

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Upon the establishment of a public school system said mayor and council shall have the power to provide for and elect a board of education of five members to control the same. Public schools. SEC. 20. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences, or other obstruction or nuisance, in the public streets, lanes, alleys, sidewalks, or public square of said town; to regulate butcher pens, tan-yards, steam boliers, and steam engines, blacksmith shops, stoves and chimneys within said town, and to remove or cause to be removed, the same or any of them, in case they should become dangerous or injurious to the health of any citizen of the town, or become nuisances; and also fill up all pits, cellars and excavations in said town, or cause the owner to do so when the council shall deem it necessary to be done; also, full power to regulate and control all pumps, wells, livery stables, fire companies and engine companies, or any apparatus of like character within said town; also to license and to regulate all taverns, hotels, boarding houses, and other public houses in said town. Streets, etc. SEC. 21. Be it further enacted, That all male citizens over the age of sixteen years and under the age of fifty, who have resided in said town ten days, shall be subject to work on the streets and roads of said town fifteen days in each year, or to be taxed therefor, as the council may direct or determine, by a commutation tax not to exceed four dollars per annum; and the mayor and council shall have full power and authority to call out each and every male person within the jurisdiction of said corporation subject to street duty, who shall be compelled to do road and street duty according to the laws of said town; and said mayor and council shall have power to punish defaulters by a fine of not more than two dollars for each days' default,

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and in default of the payment of said fine to work upon the streets or public works of said town not less than ten nor more than thirty days; or the said mayor and council shall have the power to collect and levy a tax in lieu of such road and street duty from all persons subject thereto, and no person who shall be indebted to said town in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. Street work or commutation tax. SEC. 22. Be it further enacted, That the mayor and councilmen shall have full power and authority to open and lay out, straighten, or otherwise change streets and alleys in said town, and also to widen, when actually necessary for traveling space any of the present streets under fifty feet in width. Whenever the mayor and council shall exercise the power above delegated they shall appoint two freeholders and the owners or owner of lots facing or fronting on said streets or alleys, or to be affected, injured or taken in part or wholly by the proposed improvement or change, shall on five days notice appoint three freeholders who shall proceed to assess the damage sustained or advantages derived by the amount to be paid to the owner or owners, of said lots in consequence of the opening, widening, straightening or otherwise changing said street or alley, and said assessors shall take an oath that they will faithfully discharge their duties and either party shall have the right to enter an appeal to the superior court of Montgomery county within ten days of the rendition of said award under the same rules and regulations that govern appeals from the justice court, and the amount of damage to be paid owners, as finally settled, shall be paid by the mayor and council and any amount found to be paid by said lot owner shall be assessed against the the mayor and council, and any amount found to be paid by said lot owner shall be assessed against the property of said owner by the mayor and council and be due upon such assessment. Streets, etc., condemnation for.

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SEC. 23. Be it further enacted, That the mayor, or mayor pro tem., when presiding at any meeting of the board of council, or holding a police court, shall have the power to punish for contempt by fine not exceeding five dollars or imprisonment not exceeding twenty-four hours for each offense, or may imprison in default of payment of said fine for twenty-four hours, in the discretion of the officer presiding. Contempt. SEC. 24. Be it further enacted, That the mayor and councilmen of said town shall have power to curb, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, cross-walks, drains, and gutters in said town for the use of the public or any of the citizens thereof; to protect divine worship; to regulate the keeping of gunpowder or other combustibles; to fix and establish limits, and from time to time to enlarge, restrict or change the same, and to make such rules and regulations and to pass such ordinances, and enforce the same, as may be necessary to carry out the aforesaid powers. Street improvements, etc. SEC. 25. Be it further enacted, That all writs, processes, subpoenas, rules nisi for forfeiture of bonds, all executions issued in behalf of the town for the collection of taxes, fines, forfeitures, or for other purposes, shall be directed to the marshal of said town; and all and singular the sheriffs and deputies of this State, signed by the clerk and bearing test in the name of the mayor of said town; and sheriffs and their deputies are empowered and required to serve and execute all writs, processes, and warrants and subpoenas, executions, etc., issued as aforesaid when the property or parties to be proceeded against are without the corporate limits of the said town of Glenwood; and the marshal, deputy marshal, shall serve and execute all processes, writs, warrants, executions, subp[oelig]nas, etc., issued as aforesaid,

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when the parties or property to be proceeded against are within the corporate limits of said town. Processes, etc. SEC. 26. Be it further enacted, That the mayor, or mayor pro tem., and any three councilmen shall form a quorum for the transaction of business, and the mayor. or mayor pro tem., shall have the casting vote, and the majority of votes may determine any and all questions or elections before the council. Quorum of council. SEC. 27. Be it further enacted, That all ordinances, rules and regulations passed by the mayor and board of councilmen shall, before becoming operative, be entered on the minutes or ordinance book of the board of councilmen, and be published at least once in some newspaper having a general circulation in the town, or be posted at two or more prominent places in the town. Ordinances, etc. SEC. 28. Be it further enacted, That the expenditures of the mayor and councilmen and the compensation of the town officers shall be paid out of the town funds in the hunds of the treasurer, who shall keep a book in which he shall make an entry of all sums of money paid out and to whom and to what purpose; which book shall at all times be subject to the inspection of the mayor and councilmen of said town; and likewise entries shall be made of all sums of money paid into the hands of the treasurer by the provisions of this Act, and the same shall be, and is, hereby directed to be a fund for the exclusive use of said town; provided that all sums of money arising from the sale of lots in cemetery of said town shall be used only for the care, keeping, use and adornment of said cemetery. Disbursements of town funds. SEC. 29. Be it further enacted, That it shall be the duty of the tax payers and owners of all taxable property within said town, either by themselves or by an agent, to make annual returns under oath to the clerk of the council of said town, or other such officers

Page 724

as the mayor and councilmen of said town may appoint for said purposes, at such times as said mayor and councilmen may fix or limit, of all their taxable property, trades, business or professions in said town held or exercised in their own right or on the right of any other person, and in case any person, or persons, shall fail to make such returns, or shall make any return deemed incorrect by the mayor, said mayor may assess the property of such person, or persons, and may fix such value thereon as he may deem correct and just. If any owner of property thus assessed by the mayor of said town shall feel aggrieved by the assessment thus made by him he may appeal to the council of said town, who may make such reduction as may to them seem just and reasonable, and the decision of said council in fixing the value of said property, shall be final. Tax returns. SEC. 30. Be it further enacted, That the mayor and council of the town of Glenwood shall have power and authority to levy and collect a tax annually of not exceeding one quarter of one per cent. upon all and every species of property, both real and personal, within the limits of the town of Glenwood, including bonds, notes, debts, choses in action, money employed in banking and otherwise. Ad valorem tax. SEC. 31. Be it further enacted, That no person holding office under this charter shall at any time during the term for which he was elected or appointed, or while in office, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury, nor shall any such persons be capable of holding or having interest in such contracts entered into by himself or another, directly or indirectly. Municipal contracts. SEC. 32. Be it further enacted, That the corporation of the town of Glenwood is hereby authorized to assess,

Page 725

telegraph, telephone, railroad companies and banks doing business in said town, and the property of each of the same in said town, a special license or occupation tax extra of the general tax such as is now authorized to assess against property of individuals or corporations, and that the mayor and councilmen of said town are hereby authorized to collect such license or occupation tax as it may assess as herein authorized in the mode and manner authorized for the collection by the corporation of said town of any other tax. Tax on corporations. SEC. 33. Be it further enacted, That the mayor and councilmen of said town shall have full power, whenever they may deem it necessary to require railroads in said corporate limits to make crossings on their several roads when they cross the public streets or roads in said town for the convenience of the traveling public, and to remove any obstructions which said roads have made, or caused to be made, on said crossings, and to pass ordinances needful for the carrying out of the provisions of this Section, and in case railroads shall fail or refuse to make said crossings when notified to do so, the mayor and council shall have power to put same across such railroads at the expense of said railroads, and may issue their execution and levy and collect the same as provided by law for execution of municipal taxes. Further, the mayor and council shall have the right and power to require all railroad companies or factories to remove all coal-chutes now located within the incorporated limits of said town, or prohibit the same from being located when the same constitutes a nuisance or injury to business or property or when streets are closed or blockaded by the same. The mayor and council shall have the right upon failure of the factory or road to remove all such, after ninety days notice to the nearest agent or manager, to cause same to be removed at the expense of said owners, and execution shall be issued by the mayor for the expense of

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running same at the expiration of thirty days' notice of completion of work. Also the mayor and councilmen shall have the right to regulate or prohibit within said town the shifting of cars or making up of trains, other than passenger, fruit, or live stock trains, on the Sabhath day. And the right to regulate the speed of wagons, buggies, hacks, drays, etc., and live stock of all kinds in said town. And the mayor and council shall have the right to pass regulations prohibiting the unreasonable blocking or closing of any street or road crossing in said town by trains or cars. Railroad crossings. Coal-chutes. Shifting trains on Sunday. SEC. 34. Be it further enacted, That said mayor and councilman have the right to regulate the places of telegraph and telephone poles in said town, and to remove, or to compel telegraph or telephone companies to remove said poles when they become dangerous to persons or property, or are to become impediments to the use of the streets or private or public property. Said mayor and council may provide a system of public schools, lights or waterworks for said town, as may be determined by a two-thirds vote of all the qualified voters of said town, voting at an election held for that specific purpose. Telegraph and telephone poles. Public schools, etc. SEC. 35. Be it further enacted, That any person who may engage in any business in said town without the payment of license when a license is required or specific taxes are assessed, may be fined as for a violation of any ordinance. License tax. SEC. 36. Be it further enacted, That the mayor and councilmen shall have power to pass all needful ordinances to prevent stock from running at large in said town, to provide for the impounding of the same, and sale of such after due notice has been posted for three days. Stock law. SEC. 37. Be it further enacted, That the mayor and councilmen shall have power to regulate and prevent

Page 727

the use of firearms, fireworks, or other dangerous explosions or annoyances used in sport or otherwise, in said town. Explosives. SEC. 38. Be it further enacted, That the mayor and councilmen of said town shall have power, upon proof of existence and maintenance of any house of ill-fame, or bawdy house, within said town, to cause the occupants to be forcibly removed after three days notice, and upon refusal to comply with such notice the mayor shall have power to impose a proper fine. Lewd houses. SEC. 39. Be it further enacted, That the marshal of said town shall have the authority to arrest without a warrant and bring before the mayor of said town for trial any violators of the ordinances thereof in his presence or when the offender is likely to escape. Arrests. SEC. 40. Be it further enacted, That all previous charters and amendments thereto to said town of Glenwood be and the same are repealed by this Act, and all laws and parts of laws militating against this Act are hereby repealed. Approved August 11, 1908. GRATIS, TOWN OF, INCORPORATED. No. 347. An Act to incorporate the town of Gratis, in the county of Walton, and define its limits; to provide for a mayor and council and other officers of said town and prescribe their powers and duties: to provide for all matters of municipal concern and empower the mayor

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and council of said town; to enact ordinances preventing the delivery of, and receiving intoxicating liquors and whiskeys within the limits of said town; to provide a penalty for violating same; to provide for the seizure and disposition of said intoxicants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory embraced within the limits of half a mile in every direction from a point in middle of Monroe and Athens roads directly in front of the store of M. F. Breedlove Company, in the county of Walton, be incorporated under the name and style of Gratis, and said town is hereby incorporated. Gratis, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That M. F. Breedlove be and is, hereby appointed mayor, and Burton Treadwell, H. A. Park, J. R. Coker and G. W. Cofield be, and they are hereby appointed councilmen of said town of Gratis, to hold their offices from the date of the approval of this bill until the first annual election as herein provided. Mayor and councilmen appointed. SEC. 3. Be it further enacted, That, on the first Saturday in December, 1909, and biennially thereafter on the same day, an election shall be held in such place in said town as shall be designated by the counsel of said town for mayor and four councilmen, who shall hold their offices for two years and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of mayor or councilmen of said town who is not a resident of said town, and who has not been a resident of the State of Georgia twelve months, of the county of Walton six months and of the town of Gratis three months. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the manager shall be sufficient authority to the person

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elected to enter on the discharge of the duties of the offices to which they have been elected. Election of mayor and councilmen. SEC. 4. Be it further enacted, That before entering on the discharge of their duties, the mayor and each councilman shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor or councilman as the case may be, of the town of Gratis, according to the best of my ability and understanding; so help me God. Oath of mayor and councilmen. SEC. 5. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as may be necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such subordinate officers and require such bond for the faithful performance of their duties as they may deem necessary and proper. Other officers. SEC. 6. Be it further enacted, That the mayor shall be ex-officio a justice of peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses; to examine under oath, to admit any offender to bail or to commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Mayor's court. SEC. 7. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that may be necessary for the government of said town not repugnant to the Constitution and laws of this State or the United States. General welfare. SEC. 8. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax,

Page 730

not exceeding twenty-five cents on every hundred dollars, upon all the property, both real and personal within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty, under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets; provided that the corporate limits shall extend only as prescribed in Section 1 of this Act, for the purpose of raising the said tax of twenty-five cents on every hundred dollars. Ad valorem tax. Street work or commutation tax. SEC. 9. Be it further enacted, That the mayor and council of said town shall have power to pass any ordinance to prohibit the storage or keeping of wines, beer, white hops, malt, alcoholic or intoxicating liquors of any kind, for illegal purposes within the corporate limits of said town; to prevent the sale or keeping for sale the same and to punish any person for violating the said law or ordinances. Storage and sale of intoxicants. SEC. 10. Be it further enacted, That said mayor and council are further authorized and empowered, in the exercise of police power of said town, to enact ordinances preventing delivery within the corporate limits of said town, of wine, beer, whiskey or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances preventing any company, corporation or person from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever, and to provide for a penalty for so doing; to enact ordinances to provide for the seizure and forfeiture to the town of such intoxicants within the corporate limits of said town and for the disposition of same by sale or otherwise, in the hands of any corporation company or person whatever. Said mayor and council is further authorized and empowered in the exercise of police power to provide for

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and enact ordinances for the regulations, suppression or prohibition of liquor traffic, legal or otherwise, within the corporate limits of said town; provided that the provision of this Act shall be held and construed to apply to domestic commerce and interstate shipments as distinguished from shipments from beyond the State and interstate commerce. Prohibition of liquor traffic. SEC. 11. Be it further enacted, That said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance. Nuisances. SEC. 12. Be it further enacted, That the mayor of said town, and in his absence, the mayor pro tem., who shall be elected by the councilmen from their own number, shall be the chief executive officer of said town. He shall see that ordinances, by-laws rules and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue execution for all fines, penalties and cost imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender in the guard-house of said town not exceeding fifty days or may order the offender to work not exceeding fifty days on the streets of said town under direction of the marshal of said town; provided, that no fine shall exceed fifty dollars for any offense, but the mayor is hereby invested with full power and authority to inflict for any such offense either one or more or all of said penalties in the discretion of the mayor. Mayor, duties and powers of.

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SEC. 13. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office, under the provisions of this charter. Vacancies. SEC. 14. Be it further enacted, That the municipal government shall be styled the mayor and council of the town of Gratis, and by that name are made a body corporate; as such they shall have perpetual succession, shall have a common seal, may contract, hold, possess, sell and convey for the use of said town, real or personal property; may sue or be sued. Corporate name. SEC. 15. Be it further enacted, That in the meetings of said council the mayor shall not be allowed to vote except in cases of elections and of a tie vote of the council. Mayor's vote. SEC. 16. Be it further enacted, That said mayor and council shall have power to fix and collect a special tax or license upon all kinds of business, calling, profession, occupation carried on within the corporate limits of said town; they shall have power to tax, license, control and regulate all opera houses, livery stables, auctioneers, shows, circuses and exhibitions of all kinds, peddlers, and all itinerant traders, save such as are excepted by the laws of said State, every keeper of a shooting gallery, or tenpin alley, or the keeper of any table, place or stand for the performance of any game or play, whether played with sticks, balls, rings or other contrivances, bicycles or skating rinks for gain; they shall have power to fix penalties against any and all persons carrying on any of said occupations, or exercising any of such privileges, without first having obtained said licenses and paid tax therefor. Specific taxes. SEC. 17. Be it further enacted, That in case where any taxes, fines, commutation taxes or license fees are

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not paid when due, the mayor of said town shall issue an execution against said dilinquents, which execution shall be directed to the marshal of said town and his deputies, and it is hereby made the right and duty of said marshal and his deputies to proceed to levy and collect such fi. fas. as in case of fi. fas. issued for State and county taxes. Tax executions. SEC. 18. Be it further enacted, That said mayor and council are vested with power to lay out and open new streets or alleys, to widen or straighten any of these streets, sidewalks or alleys of said town, and to assess any damage that property holders may incur thereby in the manner now prescribed by law, which damage shall be paid out of the town treasury. They may prohibit or remove all obstructions or encroachments on the streets or sidewalks and they shall have power to regulate and control a location of cemeteries and burial of the dead within the corporate limits of said town. Streets, etc. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 17, 1908. GRIFFIN, CHARTER AMENDED. No. 503. An Act to amend the charter of the city of Griffin, (Acts of 1901, page 393 et seq.), and the various amendments thereto as to authorize and empower said municipality by and through ordinance of the mayor and council to establish grades for the various streets,

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lanes, alleys and sidewalks of said city as they now exist or may be laid out, and to build and construct and rebuild and reconstruct the streets, lanes, alleys and sidewalks in accordance with the said grades; to cause the sidewalks of said city to be paved by abutting property owners or to be so paved by the city at the expense of said property owners, and to provide for the enforcing of payment therefor; to cause the streets, lanes and alleys of said city to be paved and to apportion the cost thereof between the city and the abutting property owners on each side of such street, lane or alley, and to provide for enforcing the payment therefor; to create whenever in the discretion of the mayor and council of said city it is desirable, the office of judge of the criminal court of Griffin, and to vest in said judge all the powers as are now by law conferred on the mayor of said city as ex-officio judge of said court, and to fix the qualification and term of office and compensation of such judge and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the charter of the city of Griffin, (Acts 1901, page 393 et seq.), and the Acts of the General Assembly mendatory thereof be, and they are hereby amended so as to confer upon said municipality the right and power by ordinance of the mayor and council of said municipality to establish grades for the various streets, lanes alleys and sidewalks of said city as they now exist and are laid out in said city, and in like manner to establish grades for the streets, lanes, alleys and sidewalks in said city that may hereafter be laid out and constructed, and said municipality is hereby invested with full authority and power to rebuild and reconstruct all of the existing streets, lanes, alleys and sidewalks in accordance with such grades as may be established whenever in the judgment of the mayor and council of said

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city such work is expedient or necessary; and the streets, lanes, alleys and sidewalks that may be hereafter laid out and constructed in said municipality shall be built and constructed in accordance with the grade established therefor by the mayor and council as hereinbefore provided. Griffin, grades of streets, etc. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the mayor and council of said municipality shall have full authority and power to provide by ordinance for the paving of the sidewalks of said city, to prescribe the character and material to be used for such paving and the manner in which such paving shall be laid, and to require the owners of the property abutting on sidewalk to pay for paving of such sidewalks, all work incident to the laying of the same in accordance with the ordinance of said city and grade established for such sidewalk; or if the abutting property owner refuses or fails to lay such paving after having been given ten days written notice so to do, or if such property owner should notify the said municipality in writing that he elects to have the city do the paving of such sidewalk, then the paving of the sidewalk and all work incident to may be done by said municipality at the expense and cost of said property owner. The cost and expense of the paving herein provided for may be collected by said municipality from the property owner by the issuance and levy of fi. fas. in the same manner as taxes are collected. Street improvements. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the city of Griffin shall have full power and authority by and through ordinance of the mayor and council thereof to require and provide for paving of the streets, lanes and alleys of said city and prescribe the material to be used for that purpose and the manner in which said paving shall be laid and to provide for the payment therefor; and to this end said municipality is authorized and

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empowered to apportion the cost of such paving in such manner and amount as may seem equitable and just to the mayor and council between said city and the abutting property owners on each side of such street, lane or alley. Such apportion or amount of the paving herein provided for as may be assessed against the abutting property owners may be collected by the issuance and levy of fi. fas. in the same manner as taxes are collected. Assessments for street improvements. SEC. 4. Be it further enacted by the authority aforesaid, That the office of judge of the criminal court of Griffin is hereby created. Judge of criminal court. Such judge shall be an attorney at law of good standing, in actual practice of his profession, and shall receive for his services an annual salary of not more than three hundred dollars, to be fixed by the mayor and council at the time of his election, which shall not be increased or diminished during his term of office, and which shall be paid monthly out of the city treasury. He shall hold his office for the term of two years and until his successor is elected and qualified, and shall be elected by ballot by the mayor and council of said city. Before entering on the duties of his office said judge shall take and subscribe an oath to faithfully and impartially discharge the duties of said office to the best of his skill and ability agreeable to the ordinances of said city and the laws and the Constitution of this State and of the United States. He shall be clothed with the powers and perform all the duties and be subject to all the restrictions that are now by law or ordinance conferred on the mayor of said city as ex-officio judge of said court. Always provided, that this Section (Section four) of this Act shall not take effect and be of force until such time as in the discretion of the mayor and council of said city it appears to be desirable to establish said office, in which event the said mayor and council shall cause a proclamation by the mayor of said city to be published in the official organ of said city once a week

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for four weeks before this Section shall become operative and said judge commence the discharge of his duties. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1908. HARTWELL, PUBLIC SCHOOL SYSTEM. No. 340. An Act to establish, maintain and operate a system of public schools in the city of Hartwell, Hart county, Georgia; to authorize the municipal authorities of said city to assess, levy and collect taxes to maintain said public schools; provide for the organization and election of a board of education of said city, fixing its powers and duties; to provide for a secretary and treasurer for said board; to authorize and require the State school commissioner to pay over to the board of education of the city of Hartwell such part of the public school funds of the State as may be the pro rata share due said school system for pupils of said schools residing in said city, and also directing and requiring the county school commissioner of Hart county to pay to said board the pro rata share of the public school funds for pupils attending said schools who do not reside in said city; to provide for the taking of a school census of said city; to provide for the election and examination of teachers for said public schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the

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authority of the same, the municipal authorities having recommended the same, That from and after the passage of this Act that the board of aldermen of the city of Hartwell, in the county of Hart, as soon after the passage and adoption of this Act as practicable, shall establish, maintain and support and provide for by local taxation and otherwise in the manner hereinafter provided in this Act, a system of public schools in and for the city of Hartwell, Hart county, Georgia, the territorial limits of said public schools to be co-extensive with the territorial limits of the city of Hartwell, as the same now exists or may hereafter exist. Hartwell, public schools. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a board of education for the city of Hartwell under the corporate name of the Board of Education of the city of Hartwell, with the right to sue and be sued in its corporate name, which shall consist of six members to be elected by the qualified voters of said city in the same manner as now prescribed in the charter of said city for election of the members of the board of aldermen thereof, and that the present members of the board of trustees of the Hartwell Institute, to-wit: W. T. Johnson, A. N. Alford, W. I. Hailey, J. E. Linder, J. R. Laird and A. W. Adams, shall constitute the board of education of said city, and that their term of office as such shall expire on the first Monday in December after the ratification of this Act, by the qualified voters of said city, at which time their successors shall be elected, two of whom shall serve for a term of one year; two for a term of two years; two for a term of three years, and that their successors shall be elected annually on the first Monday in December thereafter, and that they shall serve until their successors shall have been elected and qualified, and that the qualifications for persons serving on said board of education shall be the same as is now, or may hereafter be required by the charter of said city for the members of the board of aldermen thereof. All vacancies occurring on said

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board from any cause shall be filled by appointment made by the board of aldermen of said city for the unexpired terms only, and that said vacancies shall be filled at the first regular meeting of said board of aldermen after said vacancy or vacancies occur. Board of education. SEC. 3. Be it further enacted by the authority aforesaid, That on the day following said election, and annually thereafter, the members so elected shall take oath for the faithful performance of the duties of their office, to be administered by the mayor of said city, and shall perfect organization by the election of a president, vice-president and secretary and treasurer of said board, which officers for said board of education are hereby created, and their duties shall be such as may be fixed by said board in its by-laws, rules and regulations, that said board of education shall hold regular monthly meetings at such time as may be fixed in its by-laws, and at such other times as the public interest may require, and that a majority of said board shall constitute a quorum, and no member of said board of education shall be eligble to serve as secretary and treasurer of said board of education, and that the compensation to be paid to said secretary and treasurer shall be fixed by the board of education of said city. Government of schools. SEC. 4. Be it further enacted by the authority aforesaid, That the said board of education shall have and is hereby invested with the power and duty to devise, design, adopt, and establish under this Act a system of public schools for said city, to modify the same as necessity demands, and provide adequate schools for all children of legal school age whose parents, guardians, or natural protectors are bona fide citizens of said city of Hartwell. School system. SEC. 5. Be it further enacted by the authority aforesaid, That said board of education shall impose upon its secretary the duty of keeping true and accurate minutes

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of the proceedings of said board, which shall at all times be subject to inspection by the mayor and board of aldermen of said city; said board of education shall supervise, regulate and make efficient said school system; shall prescribe the curriculum and the books to be used in said schools; shall provide examinations for the superintendent and teachers for said schools; elect and employ same under such rules and regulations as they may hereafter adopt; shall fix the salaries of said superintendent and teachers, and direct payment thereof; shall fix the length of said term of said schools, which shall not be less than five months nor more than ten months, the time of opening and closing; shall have the power to suspend or remove such superintendent and teachers whenever in their discretion such action is to the best interest of said schools, and their action in so doing shall be conclusive and final in all cases; they shall have power to make such by-laws and regulations for the government of said board, and for the control of the superintendent, teachers and pupils of said schools as may be deemed fit and proper when the same are not in conflict with the laws of the State, and to do any and all other acts which they may deem best for the promotion of the educational interest of said city not in conflict with State laws. Minutes of board of education, its powers and duties. SEC. 6. Be it further enacted by the authority aforesaid, That the said Board of Education shall have and is hereby empowered with the authority to prescribe and fix tuition, matriculation, incidental or entrance fees into said schools for all children under and above the legal school age whose parents, guardians or natural protectors reside within or without the limits of the city of Hartwell; shall have the power and authority to fix tuition, matriculation, entrance or incidental fees into said schools for all children of legal school age whose parents, guardians or natural protectors reside beyond the limits of the city of Hartwell; shall have the power and authority to prescribe and establish such matriculation

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or incidental fees not in conflict with the laws of this State for all other children attending said schools in such amounts as the sound discretion of said board of education may dictate, which fee or fees shall be collected by the secretary and treasurer of the board of education of said city at such time or times and in such manner as said board of education may in its by-laws, rules and regulations require, and that all funds so raised shall be placed to the credit of said public school fund in the hands of said officer, and to be expended by said board of education in support and maintenance of said public schools as provided in this Act; shall have the authority to make such allowances and exceptions as said board may deem best to those who from poverty are unable to pay the fees which may be required under this Section; provided, however, that no person shall receive the benefits of said public schools who fails or refuses to pay all property taxes or assessments against him or her made by the municipal authorities of said city of Hartwell for which he or she is liable. Regulations of schools. SEC. 7. Be it further enacted by the authority aforesaid, That as soon as practicable after their election and qualifying said board of education may in its discretion order taken a census of the school population of the city of Hartwell, which shall be done in like manner as the school census of the State and county is taken, and said board is hereby invested with the authority to appoint enumerators, provide compensation therefor, and do all other acts necessary for this purpose, and that all future censuses of said school population of said city shall be taken in conformity with State laws. Said board of education shall report said census to the State School Commissioner, who shall pay each year to the secretary and treasurer of the board of education of the city of Hartwell the pro rata part of the public school fund according to said school population in the same manner and at the same time as is now paid to the board of education

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of Hart county, or the school commissioner of said county, and also that the school commissioner of the county of Hart shall be and is required and directed to pay the secretary and treasurer of said board of education of said city in the same manner as the teachers in the public schools of said county are paid the pro rata share of the school fund of Hart county, for all children of or within the legal school age who reside in said county, and who are non-residents of said incorporated city, but who attend the public schools of said city of Hartwell, all of said funds to be applied to the support and maintenance of said public schools as provided in this Act. School census. Pro rata part of State school fund. SEC. 8. Be it further enacted by the authority aforesaid, That at the first regular meeting of the board of aldermen of said city in January and June of each year the board of education shall make a written report to the said board of aldermen which shall contain a full and complete statement of all funds received and disbursed by it or under its orders, showing from what source obtained and to whom and for what purpose disbursed, attaching thereto vouchers, and that the report made in June shall contain an estimate of the funds necessary to be raised for the maintenance of said public schools for the ensuing scholastic year, which estimate shall as near as practicable contain an itemized statement of the amounts needed for each and every purpose, and that said reports shall contain such other information and recommendations as the board of education may deem necessary, and that said report shall be published in any newspaper published in the said city of Hartwell. Reports of board of education. SEC. 9. Be it further enacted by the authority aforesaid, That the board of aldermen of the city of Hartwell be, and the same is hereby authorized and empowered to levy and collect annually a tax upon all real and personal property subject to municipal taxation within the

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corporate limits of said city for the purpose of supporting said public schools, and that all laws and ordinances now in force or which may hereafter be adopted by said municipal authorities regulating, governing, and controlling the levying, assessing and collecting of the other taxes of said city shall apply to, regulate, govern and control the levying, assessing and collecting of said school tax, and that said funds so raised, together with all tuitions, matriculations, incidental and entrance fees, provided for in this Act, and all funds due and received from the State of Georgia out of the public school funds of said State, shall be set aside by the said board of education and shall constitute what shall be known as the public school fund of the city of Hartwell, which shall be used exclusively for public school purposes, and that all of said moneys shall be paid over to and held by the secretary and treasurer of the board of education of said city, to be paid out by him upon order of the board of education as required under this Act, provided, however, that the tax levies under this Section upon real and personal property shall in no event exceed one-half of one per cent. on all property subject to municipal taxation. School tax. SEC. 10. Be it further enacted by the authority aforesaid, That the public school fund provided for in this Act shall be under the exclusive control and direction of the board of education of said city, which shall have and is hereby invested with the power and authority to disburse same for the purposes herein expressed without any order, resolution or ordinance of the board of aldermen of said city. Disbursements of school funds. SEC. 11. Be it further enacted by the authority aforesaid, That all funds provided for and raised under the provisions of this Act shall be held and disbursed by the secretary and treasurer of the board of education of the city of Hartwell, as provided in this Act, and that said board of education shall require that said officer shall

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keep a true and correct account of same, and that said board of education shall require said officer to give such additional bond as will fully protect all of said funds. School fund account. SEC. 12. Be it further enacted by the authority aforesaid, That no bill or charge of any character contracted or made for the maintenance and support of said public schools shall be paid until same shall have been audited, approved, and ordered at a regular monthly meeting of said board of education, and when same shall have been audited, approved and ordered paid and signed by the president of said board, same shall be presented to the secretary and treasurer of the board of education of said city, who shall pay same out of the public school fund of said city standing to the credit of said board of education. Disbursements, how made. SEC. 13. Be it further enacted by the authority aforesaid, That the board of education of Hart county shall not establish any other school in said district, nor within one and one-half miles of said school district, nor contract with any other person or persons to teach a school of any character within said district nor within one and one-half miles of said school district, nor shall any of the State school funds be paid to any other school in said district than the schools herein provided for. Other schools. SEC. 14. Be it further enacted by the authority aforesaid, That the title to all real and personal property now held by the board of trustees of the Hartwell Institute shall pass to and vest in said board of education and its successors in office for the use and benefit of the city of Hartwell for public school purposes, and that said board of education is authorized to make and receive titles to all property which may be sold or disposed of or acquired by it, provided, however, that no realty now owned or held by said board or which may hereafter be acquired, shall be sold except by a two-thirds vote of said board of education, and concurred in by a two-thirds vote of the board of aldermen of said city, and that in

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the event any real or personal property owned or held by said board of education acquired by donation, gift, bequest or purchase shall be sold or disposed of, the proceeds thereof shall be re-invested for the purpose of supporting and maintaining said public schools; provided, further, that said board of education is authorized and empowered to receive and hold, donations, gifts, or bequests of all character, and that said board is vested with authority to make disposition of any personal property held by it which the best interest of said schools may demand. Hartwell Institute. SEC. 15. Be it further enacted by the authority aforesaid, That before the provision of this Act shall become operative, the board of aldermen of said city of Hartwell shall order an election to be held in said city as municipal elections are now held in said city, and returns thereof made to the city board of aldermen, after advertising same for thirty days, in which election all of the qualified voters of said city shall be entitled to vote. Those voting in said election shall have printed on their ballots the words For Public Schools, or the words Against Public Schools. If two-thirds of those voting at such election shall cast their ballots For Public Schools, then the provisions of this Act shall become operative, and the board of aldermen shall so declare and spread their declaration upon their minutes. If public schools should fail to carry in said election the same question may be re-submitted to the qualified voters of said city every three months thereafter upon the application of twenty-five freeholders of said city to the board of aldermen of said city, which application shall be spread upon the minutes of said board of aldermen. Election for public schools. SEC. 16. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 30, 1908.

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HOGANSVILLE, CHARTER AMENDED. No. 440. An Act to amend an Act to establish a new charter for the town of Hogansville, in the county of Troup, State of Georgia, approved December 17, 1901; to repeal the words They shall elect from the citizens of said town a marshal in Section 9 thereof, and insert in lieu thereof the words They shall elect in their discretion a marshal for said town, to provide for the election of a marshal of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act of the General Assembly of the State of Georgia establishing a new charter for the town of Hogansville, in the county of Troup, State of Georgia, approved December 17, 1901, is amended as follows: By repealing and striking out therefrom the words They shall elect from the citizens of said town a marshal, and inserting in lieu thereof the words They shall elect in their discretion a marshal for said town, so that said Section 9 thereof when so amended shall read as follows: Section 9. The council, immediately after their qualification, shall elect from their own number a mayor, who shall be the chief officer of the town, and shall act as chairman of the body in all deliberations, unless disqualified, absent, or excused by council, in which event any member may preside or act as such under the title of mayor pro tem., and all of his acts shall be as binding and legal as if done by the mayor. They shall also elect a clerk and a treasurer, either from their own body or from the citizens of the town. These officers may be separate or combined, in the discretion of the council then in office. They shall elect, in their discretion, a marshal for said town, who

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shall hold his office subject to the will and pleasure of the council. They may, if they deem it necessary or to the interest of the town, select from the citizens of the town, or from their own body, a recorder, who shall try all violations of the ordinances of said town. In the absence of the recorder, or his disqualification or non-election, the mayor, or any one member of the council may act as such. The recorder or acting recorder shall receive such compensation in fees or salary as each successive council shall prescribe. Hogansville. Officers of. SEC. 2. Be it further enacted by the authority aforesaid, So much of Section 10 of said Act in reference to the qualification or eligibility for the office of marshal of said town as conflicts herewith is hereby repealed. It is further enacted that said council of said town of Hogansville shall have the power and authority to elect any person they desire as marshal of said town. Marshal. SEC. 3. 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. Approved August 14, 1908. HOSCHTON, CHARTER AMENDED. No. 497. An Act to amend an Act entitled An Act to incorporate the town of Hoschton, in the county of Jackson, and to prescribe the powers, duties and obligations of the mayor and councilmen thereof and other officers of said corporation. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of

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this Act, there shall be established in the town of Hoschton, in said State, a system of public schools, supported and provided for in the manner hereinafter set forth. Hoschton, SEC. 2. Be it further enacted, That the mayor and council of said town shall each year levy such tax, not to exceed one per cent. upon all property in said town of Hoschton subject to taxation, as may be necessary, when added to the fund received from the county school commissioner, and the sum realized from entrance fees, as hereinafter provided, to support and maintain said schools for the period of nine months in each year. Such tax shall be collected when the other taxes of the town are collected, and shall be paid over by the town council to the board of education of said town to be used by said board in the support of said schools. School tax and school fund. SEC. 3. Be it further enacted, That it shall be the duty of the mayor and council of said town of Hoschton to elect five persons resident in said town, who are qualified at the time of such election, to vote for mayor and councilmen of said town, a board of education for the town of Hoschton, and said board shall qualify by taking an oath, before any officer authorized to administer oaths, to faithfully discharge the duties of the board of education for said town to the best of their skill and ability, and shall enter upon their duty as such board of education as soon as this Act is approved and adopted by the vote of the people as hereinafter provided for, and that fact declared by proclamation by the mayor of said town. Board of education. SEC. 4. Be it further enacted, That all vacancies in said board of education, caused by death, resignation, removal from said town or otherwise, shall be filled by the mayor, or mayor and council of said town. Any one of said board of education may be removed from office by the mayor and council of said town for misconduct

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in office or inattention to his duties, of which said mayor and council shall be the judges. Vacancies. SEC. 5. Be it further enacted, That said board of education shall have authority, and it is hereby made the duty of said board to devise, design and adopt a thorough system of public instruction in said town, and shall have exclusive jurisdiction over all schools established under said system, and may modify the same from time to time as circumstances may require, and as said board may deem advisable. They may establish such schools as they may deem proper, not exceeding one for the white race and one for the colored race; provided, however, no white child shall attend the colored school, and no colored child shall attend the white school; they may appoint, remove or suspend teachers in their discretion, and may fix the salary of teachers, and may prescribe a curriculum or course of study and adopt text books, and may make such by-laws for the control and government of said schools as they may think proper, and may do all lawful acts conducive to the proper and successful operation of said school system. Public school system. SEC. 6. Be it further enacted, That the schools herein provided for may be run in connection with the public schools as may now be established in said town, and entitled to public school funds. The county school commissioner of Jackson county shall pay over to the board of education of said town such portion of the public school fund for said county as may under the method of apportionment now followed or which may hereafter be adopted, be apportioned to the said school of said town of Hoschton authorized by this Act, and the board of education of said town may use such public school fund so apprtioned to said schools, in connection with other funds realized in the manner hereinafter provided, for the support and maintenance of the public schools of said town. The board of education of said town may run said schools for a period of nine months,

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or less, and may charge and collect from each pupil a tuition or entrance fee to be paid in advance, if said board so requires, not to exceed one dollar per month for the full term of nine months and for the complete course or curriculum in said school; said entrance fee may be graded according to the advancement of the pupils in the discretion of said board; provided, nothing herein contained shall be construed as to prevent any common school pupil from entering said school if the parent or guardian of said pupil shall elect to enter such pupil for the period of the public school term only and upon the merits of the common school fund and for the course of study prescribed by the public school law. Said school shall be provided with a competent teacher, duly licensed, whose duty it shall be to receive and teach such pupils as may be entered by such election of the parent or guardian as aforesaid. Teachers in charge of the schools provided for under the authority of this Act shall be required to make such reports and returns to the county school commissioner of Jackson county as are now required or as may hereafter be required of teachers of common schools in Jackson county. Pro rata part of State school fund. School regulations. SEC. 7. Be it further enacted, That said board of education of said town may permit children who do not reside within the corporate limits of said town to enter and attend said school upon terms as said board may deem just and equitable, and said board of education may allow children who do reside in said town to attend schools without the limits of said town upon such terms as may be agreed upon by said board and the authorities in control of such school or schools without the limits of said town. School children. SEC. 8. Be it further enacted, That before this Act shall become operative its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council of said town shall order an election. Notice of said election shall be given by posting

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written notices in three or more public places in said town of Hoschton, and such other notice may be given as said mayor and council may direct, which election shall be held under the same rules and regulations as elections for mayor and council of said town, and all persons qualified to vote for mayor and councilmen of said town shall be qualified to vote at such election. Those in favor of adopting this amendment to the charter of the said town of Hoschton, and in favor of the system of public schools herein provided for, and the system of taxation provided for shall have written or printed on their tickets For Schools, and those opposed, Against Schools. If two-thirds of the qualified voters voting at such election cast their vote For Schools, then this Act shall become operative; and the mayor shall so declare by proclamation posted in three or more public places in said town of Hoschton; if the result shall be Against Schools, the said mayor and council may submit the same to another election in the same manner hereinbefore provided after an interval of three months, upon the petition of one-third of the qualified voters of said town and may do so from time to time after such interval and upon such petition. Election for schools. SEC. 9. Be it further enacted, That the board of education of the said town of Hoschton shall elect one of said board as chairman or president of said board, who shall preside at all meetings of said board and discharge such duties as are usually incumbent upon presiding officers, and in his absence a temporary presiding officer may be chosen by said board. Said board of education shall elect a treasurer, either from their body or some suitable person resident in said town, whose duty it shall be to take charge of all funds turned over to said board, receipt for same, and pay said funds out as ordered by said board, and take receipts therefor. It shall be the duty of such treasurer to keep correct minutes of all meetings of said board. Upon said minutes shall be entered all by-laws, rules, and regulations made by

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said board for the government of said school or schools. It shall be the duty of said treasurer to give a bond, in a sum to be fixed by said board, with good security to be approved by the president of said board conditioned for his faithful discharge of his duties. The compensation of said treasurer shall be fixed by said board, not to exceed fifty dollars per annum. There shall be no compensation for other officers or members of said board. Officers of board of education. SEC. 10. Should said board fail to establish a school for the colored people, and fail to provide for colored children to attend school as hereinbefore provided, then and in that event such colored peoples' property shall not be subject to taxation for school purposes. Colored schools. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. IRON CITY, TOWN OF, NEW CHARTER. No. 556. An Act to create a new charter for the town of Iron City, in the county of Decatur, and to re-incorporate said town, and to declare and consolidate the rights and powers of said incorporation; to define the corporate limits of said town of Iron City; to provide for a mayor and board of aldermen, and other officers for said town, and to prescribe the powers, duties, rights, and liabilities of all officers of said town, and the manner of their election or appointment, and their removal from office; to provide for the retention of the present officers of the town of Iron City until the election

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of officers for said town under this charter; to provide that all ordinances, rules and regulations of the town of Iron City, not in conflict with this Act, shall remain valid and enforceable as ordinances, rules and regulations of the town of Iron City, incorporated by this Act, until the same are repealed or amended by the mayor and aldermen of the town of Iron City; to provide for streets and sidewalks, and the working and paving of same; to authorize the mayor and aldermen to establish, maintain and operate a system of waterworks, electric lights and sewerage for the town of Iron City; to hold an election on a day specified, and now provided by law; to determine the question of creating a debt against said town by the issuance of bonds; to provide for the assessment, levying and collection of an ad valorem tax upon all property, both real and personal, for general purposes, and for the purpose of paying the principal and interest on said bonds; to authorize and provide for granting license to and taxing all kinds of business, trades, professions, shows, exhibitions and entertainments; to provide for all matters of municipal concern, needs and requirements, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Iron City, which was incorporated by an Act of the Georgia legislature, approved December 20th, 1900, shall, from and after the passage of this Act, have and be known by the corporate name of the Town of Iron City, and by that name be, and is, hereby invested with all the rights, powers, and privileges incident to municipal incorporations in this State, and the said town of Iron City, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through its board of aldermen, who shall compose the town council, such ordinances,

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rules and regulations and resolutions for the transaction of its business, and the welfare and proper government of said town, as to said town council may seem best, and which shall be consistent with the laws of the State of Georgia, and said town of Iron City shall be able by law, and is, hereby authorized and empowered to purchase, hold, rent, lease, sell, exchange, possess and retain in perpetuity or for any number of years, any estate or estates, real or personal, lands, tenements, hereditaments of all kinds whatsoever, within or without the limits of said town for corporate purposes. They shall have special powers in its corporate capacity to make all contracts which they deem necessary for the welfare of the town or its citizens; to assess values of property, levy and collect taxes, and remove nuisances. They shall have full control and power over streets, lanes and alleys of the town, and to remove obstructions therefrom, as is generally exercised and granted to municipal corporations, and shall in general have all the powers incident to corporations in this State, which are necessary and proper in order to regulate, make, maintain, and preserve a proper legal government of said town, and to declare what act or thing shall be unlawful. Iron City, new charter for. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Iron City, as enacted by this Act, shall be as follows, to-wit: One-half mile in every direction from the Atlantic Coast Line Railroad depot in said town. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the government of said town of Iron City shall be vested in a town council composed of a mayor and four aldermen. The present mayor and councilmen of the corporation of the town of Iron City, shall continue in office until the expiration of the term for which they were elected and until their successors are elected and qualified; and they and their successors and associates shall have and execute all rights, powers and duties

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hereby conferred on the town council of the town of Iron City, created by this Act; and all ordinances, rules and regulations of the old corporation of the town of Iron City, not repugnant to this charter, are continued in full force and effect until the same are repealed, annulled, amended or changed or modified by the town council of said town, and all officers elected or appointed by the mayor and councilmen of the old corporation of the town of Iron City shall continue to hold their offices and discharge the duties thereof until the expiration of the term for which they were elected or appointed, and until their successors are elected unless sooner suspended, removed or discharged by the town council of Iron City. Mayor and aldermen; existing laws and officers. SEC. 4. Be it further enacted by the authority aforesaid, That the term of the mayor of said town of Iron City shall be one year and until his successor is elected and qualified, and that the first election for mayor under this charter shall be on the first Tuesday in December, 1908, and annually thereafter on the first Tuesday in December, and the term of each alderman of said town shall be for one year and until his successor is elected and qualified, and that the first election for aldermen shall be held on the first Tuesday in December, 1908, and annually thereafter on the first Tuesday in December. A mayor pro tem. shall be elected by the board of aldermen. In the event a vacancy occurs in office of mayor or councilmen, by reason of resignation, removal from the town, death or otherwise, the council shall order an election to fill said vacancy, which election shall not be held in less than ten days from the date of said vacancy, and as soon as practicable after said vacancy occurs, notice of which election shall be published once in a newspaper in said town, if there is a paper published in said town, and by posting a written notice at one or more public places in said town; said election shall be held and managed, returns made and results declared in the same manner as regular elections as hereinafter

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provided; provided, however, that if a vacancy occurs in the office of mayor or aldermen within less than three months from the date of the next election, the town council themselves select and elect some fit and proper person for said vacancy. If the office of mayor pro tem. shall for any cause become vacant, the town council shall elect one of remaining aldermen as mayor pro tem. for unexpired term. Election of mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, That if for any reason there is a failure to hold the regular election for mayor and aldermen at the regular time provided for in this charter, on the first Tuesday in December, it shall be the duty of the town council to order an election as soon as practicable thereafter by giving at least ten days' notice of the same by publishing said notice once in a newspaper and posting a written notice at one or more public places in said town, and such election shall be held and managed and results declared in the same manner as at a regular election, as provided for hereinafter. Special elections. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or alderman who is not a citizen of said town, and who shall not have resided in the State two years, and in the town twelve months immediately preceding his election, and who is not over twenty-one years of age, and a qualified voter in municipal elections for officers of said town, and entitled to register under the registration laws in force in this State. Qualifications of mayor and aldermen. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor of said town shall be its chief executive officer. He shall see that all laws, rules and regulations of said town are faithfully executed, and that all officers of said town faithfully execute the duties required of them. He shall have general supervision over the affairs of said town, shall preside at meetings of the

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town council, and at the police courts, and he shall have authority to convene the council in extra session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before the town council unless in case of a tie. Powers of mayor. SEC. 8. Be it further enacted by the authority aforesaid, That during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall act as mayor, and in the case of the sickness, absence or disqualification of the mayor pro tem. any one of the aldermen chosen by the town council shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties for the time being. Mayor pro tem. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and three councilmen shall constitute a quorum for the transaction of any business before the town council at its regular meeting, and that the mayor and three councilmen shall constitute a quorum for the transaction of any business at a call meeting, and that a majority of the votes shall determine all questions and elections before the town council. Said town council shall hold regular meetings in every month, and oftener if they think best, at stated times and at a stated place in said town, and shall hold such meetings as may be ordered by the mayor, or in his absence or sickness by the mayor pro tem., for special purposes, or when requested to do so by a majority of the aldermen. All meetings of the town council shall be public, and the public shall be allowed at all times to witness their deliberations, except when town council resolves itself into executive session, when the public shall be excluded. Quorum and meetings of council. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and mayor pro tem. and each alderman, before entering upon the discharge of their respective duties, shall take and subscribe before an officer authorized to administer an oath in this State, an oath

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to faithfully and uprightly discharge the duties of their respective offices, and as in their judgment shall best promote the general welfare of the inhabitants of said town, and the common interest thereof, which oath shall be entered of record upon the minutes of the council. Oath of mayor and aldermen. SEC. 11. Be it further enacted by the authority aforesaid, That every male citizen of the town of Iron City, incorporated under this Act, twenty-one years of age, who shall have resided in this State one year next preceding the election, and who is a legally registered voter under the laws of this State as hereinafter provided, and who shall have paid all taxes that shall have been required of him, and which he may have had an opportunity to pay agreeable to law, and the payment of all fines, licenses and business taxes required of him by said town, shall be qualified to vote at any election held in the town of Iron City for any purpose whatever. Voters. SEC. 12. Be it further enacted by the authority aforesaid, That the clerk of the board of aldermen of said town shall keep a book in which the voters of said town shall register their names and ages, or if the person who desires to register can not write his name, the clerk shall sign his name for him in said book, the person swearing and subscribing to the same, as follows: I do solemnly swear that I am twenty-one years of age, or that I will be by the time of the election now next to be held in said town; I have resided in the State of Georgia twelve months, or will have resided in said State twelve months by the time of said election; I have paid all taxes, State and county and municipal, except for the present year, since the year 1877, and I am not otherwise disqualified to vote in said election. Registration of voters. SEC. 13. Be it further enacted, That the clerk of said town council shall open said registration book thirty days before any election to be held in and for said town of Iron City, and proceed to register the voters of said

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town as already provided, and shall keep said registration book open until ten days before the town election, when he shall close said book and allow no other person to register, and shall immediately file said book of registered voters with the registrars of said town hereinafter provided for, and said clerk shall write his certificate at the close of said list of registered voters, so registered, stating that same is a true and correct list of all voters registered by him, and that he has not allowed any one to register that was not in his opinion entitled to register and vote under laws of said town in the election next to be held. Registration list. SEC. 14. Be it further enacted, That as soon as this Act shall become a law it shall be the duty of the mayor and aldermen of said town at a regular meeting thereof, or at an adjourned meeting thereof, annually thereafter, to elect by ballot three registrars for said town. Said registrars shall be upright and intelligent freeholders of said town, who are entitled to register and vote in the next ensuing election to be held in said town, and so far as possible shall be non-partisan. No person acting as such registrars shall be a candidate for mayor or aldermen, or any office under them during the next ensuing term of office, and if at any time it shall appear that all the registrars are from one conflicting interest or party, then the said mayor and board of aldermen of said town shall at once remove one of said registrars and appoint a successor, so as to maintain a bi-partisan board. Registrars. SEC. 15. Be it further enacted, That said registrars, before entering upon their duties, shall take and subscribe the following oath: I do solemnly swear, or affirm, That I will faithfully discharge to the best of my ability, the duties imposed upon me by law as such registrars. Said oath shall be filed with the board of aldermen, and entered upon the book of minutes. As soon as the list of voters is turned over to the registrars

Page 760

by the clerk of the board of aldermen and as hereinbefore provided said registrars shall appoint a time when they, in open session, in council chambers, will hear all complaints. When a complaint is made that any voter has registered that is not entitled by law to do so, he shall have five days personal notice, if in the town, or if not in the town, then five days notice by leaving a copy at his residence, of the time and place of hearing, and of the grounds of challenge, and the registrars shall sit as a court to review said case, and may subpoena witnesses, hear evidence and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence and determine whether such applicants should be allowed to register. Said registrars may by their own motion review the list of voters turned over to them, but any voter to be affected must be notified and have opportunity to be heard, as hereinbefore provided. All actions of the registrars in revising the list of voters must be in public in the council chamber. In making said registration list, and revising said work, the registrars shall examine the grounds of the disqualifications of voters, including criminal records, insolvent tax list, tax digest, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no one off who is entitled to register and vote. Revision of registration list. SEC. 16. Be it further enacted, That after such registrars have fully completed their work in revising the registration list, they shall carefully and plainly make, or cause to be made, two alphabetical lists, exactly the same, giving name, age, occupation, color, and residence of the voter, and shall certify to the correctness of each list and date and sign the same officially. They shall file one copy with the clerk of the board of aldermen for the inspection of all parties concerned.

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The other copy they shall securely seal, plainly mark and sign on the outside officially, and deliver to the clerk of the board of aldermen, to be by him kept unopened until the day of election, and then hand it to the managers of said election. Said registrars shall also at the same time turn back to the clerk of the board of aldermen the book of original entries of the persons registering and their oaths, and these shall remain in his office at all times, subject to the inspection of any party interested. Lists of voters. SEC. 17. Be it further enacted, That on the morning of any town election day the election managers, when organized ready for receiving votes, shall receive said registration list from the board of aldermen, sealed as aforesaid, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. After said election, said registration shall be sealed up, distinctly marked and signed on the outside by the managers officially, and returned to the clerk of the board of aldermen for safe-keeping. He shall keep the same without opening it. If there shall be within the next year any special election for mayor or aldermen to fill an unexpired term, or for any other purpose, said list shall be used in the same way, except that the clerk of the board of aldermen may be authorized to receive additional registration for as long as ten days prior to any special election, as the mayor and aldermen may order. After such special election, such registry list shall be sealed and returned to the clerk of the board of aldermen as required by the court. When the occasion for such production is ended it is to be returned as before provided. Election. SEC. 18. Be it further enacted, That any person who shall register illegally under this Act, or be guilty of a violation of any of the provisions of Section 625 of the Penal Code of Georgia of 1895, in registering under this Act, shall be guilty of a misdemeanor. Illegal registration.

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SEC. 19. Be it further enacted, That should the clerk of the board of aldermen or the registrars wilfully refuse to permit any person to register who is entitled to register under this Act, or fail to enter the name of any such person upon the book to be kept for the purpose, or should illegally erase the name of any such person from such book, or the list to be prepared for holding such election, or shall wilfully enter the name of any person or persons on such list who are not entitled to register, then such clerk or registrars shall be guilty of a misdemenaor, and on conviction thereof shall be punished as such. Right of registry. SEC. 20. Be it further enacted, That the mayor and aldermen of said town shall have power and authority to fix the compensation of registrars and to pay the same. Compensation of registrars. SEC. 21. Be it further enacted by the authority aforesaid, That all elections for mayor and aldermen, and elections on any question submitted to the voters of said town, shall be held at the courthouse, or at such place as now or may be established by law or the ordinance of said town. The mayor and aldermen shall have full power to establish as many polling places as they may deem necessary. All elections shall be held by three persons, who may be qualified to superintend and hold elections for the General Assembly of this State, and said election shall be held in the same manner and under the same regulations as are elections for members of the General Assembly, with this exception, that the polls shall open at 10 o'clcok a. m. and close at 3 o'clcok p. m. In elections for mayor and aldermen the superintendents shall deliver certificates to the persons whom they shall find to be elected to the office of mayor and aldermen. Polls and election managers. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town are hereby authorized and empowered to elect for said town

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annually, and for a term of one year, unless sooner discharged, a clerk, treasurer, chief of police, and as many policemen as they think necessary, a board of health, sanitary inspectors, chief of fire department, town physician, attorney, and tax assessors, and so many of said officers, and such other officers, including cemetery-keeper, as they may deem necessary and proper, fix their salaries, require them to give bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines at their discretion, and all officers elected or appointed by said mayor and town council shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the town council, at any time they may see fit to make such suspension, removal or dismissal, and no officer dismissed or removed shall be entitled to any salary whatever during suspension or after removal, no matter whether the time for which he has been elected or appointed has expired or not. The mayor and councilmen at their discretion may elect or appoint the same person to discharge the same duties of more than one office, all such officers shall be elected at the first regular meeting held after the election of the new mayor and councilmen in December of each year, or so soon thereafter as possible. Town officers. SEC. 23. Be it further enacted by the authority aforesaid, That the newly-elected mayor and aldermen shall take the oath and assume the duties of office on the first day of January following their election, or so soon thereafter as possible. Mayor and aldermen. SEC. 24. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk to collect and keep, subject to the direction of the town council, all money due and belonging to the town, except as hereinafter provided; to be the custodian of the books and records of the town, to preserve a minute of all the acts and doings of each meeting of the town council; to be

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ex-officio clerk of the police court of said town, and to perform all and such other duties as are required of him by this Act, and which may be required of him from time to time by the ordinances, rules and regulations of the town council. Before entering upon the discharge of the duty of his office, he shall take before some officer authorized to administer oaths in this State, an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as shall be required of him by the town council, with good and sufficient security, to be approved by the mayor. He shall keep a separate and correct account of all the separate and distinct funds received and disbursed, so at all times to show the true condition of such funds. He shall also make general and special reports in the manner and at the time when called upon by the town council to do so. Clerk, duties, etc. SEC. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of the treasurer to keep a set of books in which he shall make entries of all sums of money received, and of all the sums of money paid out by him, when, and to whom, and for what purpose, and shall give a receipt for all sums of money received by him, and shall take a receipt for all sums of money paid out by him, which books and receipts shall at all times be open to the inspection of any citizens of said town, and all sums of money paid into the hands of the treasurer by the provisions of this Act shall be, and the same are, hereby directed to be a fund for the exclusive use of said town. The duties of the treasurer are such as usually, or which may be required of him by the ordinances of said town and this Section. Before entering upon his duties he shall take an oath before some officer authorized by law to administer oaths, to faithfully and honestly discharge the duties of his office, and shall execute such bonds and in such sums as shall be required of him by the town council, with good and sufficient security, to be approved by the mayor. He shall also

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make general and special reports in the manner and at the time when called upon by the town council to do so. Treasurer, duties, etc. SEC. 26. Be it further enacted by the authority aforesaid, That all other officers elected or approved by the town council shall take such oath and give such bond as they may be required so to do, and also perform such duties as they may be required to do by the ordinances, rules and regulations of the town council, and to otherwise conform to all the requirements made by town council governing such officers. Official oaths and bonds. SEC. 27. Be it further enacted by the authority aforesaid, That the compensation or salaries of mayor and councilmen and all other officers, servants and employees of the town, shall be such sums as the town council may fix; provided, however, that the mayor's salary shall not exceed two hundred dollars a year, and that of each alderman shall not exceed the sum of twelve dollars each year, but the mayor and aldermen and such other officers as they may designate, may in addition thereto be relieved of street tax and street duty. Salaries. SEC. 28. Be it further enacted by the authority aforesaid, That the said mayor and town council shall have the right and power in order to raise the necessary revenue with which to carry on the government of said town in the proper manner, to build sewers, procure water supplies, to establish and maintain a fire department, to make, open, grade, repair, and keep the streets and bridges of said town in order, to properly police the same, to light the same, to pay salaries, cost and expenses of the town officers and employees; to establish and maintain a fire department; to erect and maintain suitable buildings and offices, and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payments of the debts of said town, for cemetery purposes, for

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lane, walk or square shall pass, so widened, extended or straightened, opened, laid out or established, for which award an appeal can be taken to the superior court, should either party be dissatisfied with such award. A majority of the arbitrators can make the award. The submission shall be in writing, and the return shall be filed in the office of the clerk of the superior court of Decatur county within ten days after it is made, and the appeal can be entered within ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and the benefits the owner is to receive from the opening or otherwise changing said street. If the owner of such land refuses to act, or is a minor, or is insane, upon the facts being shown to the ordinary of Decatur county, he may appoint the arbitrator for such owner. The award, where so filed and not appealed from, shall be the judgment of the superior court of Decatur county, and execution may at once issue upon same for the amount thereof as other executions are issued. In case of appeal as above provided for, the court shall cause the issue as to such to be made up and tried as other appeal cases. The entering of an appeal shall in no case hinder or delay the town in widening, extending or straightening, opening, laying out or establishing such street, alley, lane, walk, or square as aforesaid, but the same may proceed from the time the award in such condemnation proceeding is filed in the office of the clerk of the superior court, but before the commencement of same, tender shall be made of the amount of the award. In the event the town of Iron City is not dissatisfied with said award, it shall pay to the clerk of the superior court the amount so found to be due by said arbitrators. If the town is dissatisfied and the appeal is entered by it, it shall give bond with security for the amount adjudged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the town of Iron City should fail

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or refuse to pay the amount of the award, and should proceed with the work, then the clerk shall upon the application of the owner, or ordinary where he is authorized to act, issue execution. Said award, and proceedings thereon shall be the same as had in case of judgments and executions in the superior court of Decatur county. But the town of Iron City shall have the right after said award is filed, to abandon its purpose of widening, extending, straightening, laying out, opening, or establishing said street, lane, walk or square, in the event that the mayor and town council should consider that the sum found to be due would, in their judgment, make said land so sought to be condemned too expensive to said town. But in such event said town shall pay all cost of said award. Taxes. SEC. 30. Be it further enacted, That the mayor and town council shall have full power and authority in their discretion to grade, pave, macadamize, drain or otherwise improve the sidewalks of said town. In order to carry into effect the authority above delegated, the town council shall have power and authority to assess not more than one-half of the cost of the paving and otherwise improving the sidewalks on the real estate abutting on the sidewalk so improved, and any railroad company having tracks running in and over and along and across the streets, lanes, walks, and squares of said town shall have to pave, macadamize, or otherwise improve said streets, lanes, alleys, walks or squares of said town, also their roadbed and right-of-way in such ways and proportion as the town council may prescribe. Said town council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on real estate according to its frontage on the sidewalks, streets, lanes, walks and

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parks, either or all so improved, or according to the area or value of said property as may be determined by ordinance. That the amount of assessment on each piece of realty shall be a lien thereon from the date of the passage of the ordinance providing for the work, and making the assessment. The town council shall have full power and authority to enforce collection for the amount of any assessment so made for work upon the sidewalks, streets, lanes, parks and squares, by execution issued by the town clerk against the owner at the date of the ordinance making such assessment, which execution may be levied by the chief of police, marshal or other collecting officer, their deputies, on such real estate, after advertising and other proceedings, the same shall be sold to the highest bidder. Such sales shall vest alsolute title in the purchaser. Said chief of police, marshal, or other collecting officer shall have authority to eject occupant and put purchaser in possession; provided, the owner of said real estate shall have the right to file affidavit denying the whole or any part of amount for which execution was issued, and stating the amount which he admits to be due, which amount admitted to be due, together with all cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the superior court of Decatur county, and there tried and issues determined as in cases of illegality, subject to the penalties provided where the illegality is filed for delay. The town shall have the authority to pave and contract to pave the whole surface of the sidewalks, streets, lanes, without giving any railroad company, street railway company or other property holders abutting thereon, or occupant on the streets, lanes, alleys, the option of having the space to be paved by themselves or by contract at his or its own instance, the object being to prevent delay and securing uniformity. The lien for assessment on abutting property, and on railway or street railway companies, for sidewalk, paving, street paving, curbing, macadamizing, grading,

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or draining, shall have rank and priority next in point of dignity to liens for taxes, such lien to date to the time of the ordinance authorizing the execution of the work done in each case. Said town council shall have power and authority to prescribe by ordinance and such other rules and regulations as they may in their discretion think necessary to grade, pave, drain, macadamize or curb the streets and sidewalks of said town; to enforce by execution the cost thereof against the adjacent property owner, railroad and street railway companies, and to provide how the agents and owners thereof shall be served. Assessments for street improvements. SEC. 31. Be it further enacted, That said town council shall have power and authority to grant franchises, easements and right-of-way over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property of said town on such terms and conditions as said town council shall fix. Franchises. SEC. 32. Be it further enacted by the authority aforesaid, That said town council shall have full power and authority to establish a fee bill for the officers of said town not higher than the fees allowed, the court officers, nor lower than those allowed the justices of the peace and constables of this State. Said town council shall have power and authority in their discretion to allow said fees to the officers of said town, or to place the same in the treasury of said town, and pay the officers a straight salary for their services. Fees of officers. SEC. 33. Be it further enacted, That the town council shall have authority to employ an expert accountant on accounts, to inspect the books of any officer or employee at any time they may see fit to do so, and to pay for the services of such accountant so employed such amounts as they may seem proper. Inspection of books of officers. SEC. 34. Be it further enacted, That all writs, processes, subp[oelig]nas, summonses, rules of all kinds, warrants,

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all executions for any and all kinds of taxes, licenses, fines, assessments and forfeitures, or demands made by the town or its corporate authorities against any person, firm, company or corporation whatsoever, shall be issued and signed by the clerk, and bear test in the name of the mayor thereof, except as otherwise especially provided for in this charter, and shall be directed to the policemen, marshal, and their deputies of said town, and to all and singular the sheriffs and constables of this State, and each and all of said officers are hereby authorized to execute the same. Processes, etc. SEC. 35. Be it further enacted, That the mayor and town council are hereby invested with power to establish fire limits in said town, and to prohibit the erection of any wooden buildings or structures as will, in the opinion of the said mayor and town council increase the fire risk in any such part or parts of the town of Iron City as they may designate as fire limits, and may change and enlarge fire limits when deemed necessary, and may exercise and use such supervision over the construction of the houses and material used therein and the erection of swings and sheds, or stove pipes, chimney flues, and other means of building as may be necessary to guard against conflagration, and may require building or structure permits, which permits shall specify material to be used and the manner of its use in such erection or repairs of said buildings or structures. Said town council shall have supervision and control of all warehouses, cotton presses, cotton gins, cotton and lumber yards, and naval store yards, and other places in said town where materials of an inflammable nature are stored, and using for fire about cotton compresses, cotton gins, cotton warehouses, cotton yards, or other places where it is stored or kept, or may be placed. Said mayor and town council shall have power and authority to remove any forge, smithshop, or other structure within the town, whenever in their discretion it shall be necessary

Page 773

for their protection against fire to be removed or remedied, as their prudence shall dictate; and they may summarily declare such to be dangerous without notice to any one, and to remove the same instanter, and whenever it shall appear to them that unsound or unsafe house, building or structure of any sort is dangerous to pedestrians or persons passing, or is endangering the health of said town, or any portion of the inhabitants thereof, or any locality therein, or is likely to produce disease, they may summarily condemn it by resolution or ordinance, and may cause it to be torn down by the policemen or marshal of said town; and whenever in their opinion it is necessary to burn any property, clothing or whatever else to prevent the introduction or spread of infectious diseases, they may with the advice and help of the health officer and the board of health, if there be such officers, and if not, then without such advice and council, do so instanter, and the policemen or marshal or such others as are directed shall obey such orders, and in all cases they shall not be liable to answer thereof in any court having jurisdiction, except of gross neglect and extreme want of care. Coupled with malice, and without any probable cause to suspect such actions were not for the public good, and every presumption shall be in favor of such Act having been lawful when done; provided, That whenever any property shall have been destroyed under the provisions of this Section, the town of Iron City, in its corporate capacity, shall be liable to the owner thereof for the actual cash value thereof, but shall not be liable for any prospective profits or speculative damages in connection therewith. Fire limits. SEC. 36. Be it further enacted, That the mayor and town council shall have full power and authority to establish such a system of quarantine and to make such sanitary regulations within the limits of said town as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious diseases within said town; and that in order to more fully exercise

Page 774

this authority, said mayor and town council are hereby given quarantine jurisdiction over all the area embraced within the jurisdictional limits of the county of Decatur, in this State, and anywhere within these limits, either in said town or county, may establish, locate and change at pleasure, either permanent or temporary quarantine, grounds or pest-houses, and may condemn and take lands and buildings and personal property in said limits for quarantine grounds, or quarantine purposes, either permanent or temporary; and condemnation proceedings shall be had and done in the same manner and by the same rules as provided in Section 29 of this Act for condemning lands for streets, etc., and all the provisions of that Section for that purpose shall apply and be a provision for this purpose, from the election of arbitrators to the trial of appeal, and they may by ordinance or resolution put any part or the whole of said area under quarantine, and may arrest, detain, and, if need be, confine person from, or suspected to be from, any place or places suspected to be infected, and detain and confine any such person or persons from day to day as they by ordinance may see fit to declare and prescribe; and they shall have power to stop, delay, board and search all trains, cars and vehicles or conveyances of every sort, public or private, entering said limits, whenever in their judgment it may seem best and necessary, and may absolutely prohibit any such train or vehicle from entering said limits, or persons coming within same. But such rigid quarantine shall not be laid and established except by the consent of the mayor and town council, and the board of health of said town, if there be such board, but if there be no such board, then the town council shall have full power to establish such a quarantine by and with the health officer of said town. No State board that now is or that may be hereafter established, shall ever have power to molest, lessen, or otherwise interfere with said authorities in the matter of quarantine in the said limits,

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save only to see to it that they maintain in said area a quarantine not less strict than such State board of health may think best, and said town council shall have full authority to punish any violation of the quarantine rules and regulations of said town committed anywhere within said area, and said mayor and town council may by resolution adopt any resolution recommended by the town physician, health officer, board of health, and upon the same being posted one time in such manner as they may prescribe, and within twelve hours after its posting or publication become a binding ordinance upon all persons within said town, and within said area when it shall be so recited. Quarantine and sanitation. SEC. 37. Be it further enacted, That such mayor and town council shall have full power to adopt and enforce such ordinances, rules and regulations as they deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds and undergrowth and other offensive matter and material from any and all occupied and unoccupied lots and places within said town limits, at the expense of the owner of said lots and places, who, if they shall refuse or fail after written notice from the authorities aforesaid, to comply with the terms of the ordinance, rules and regulations, shall be subject to such penalties as may be lawful to prescribe for the same. And such authority, upon the failure or refusal of such owner to do such work, may cause the same to be done, and issue executions as they may by ordinance direct and prescribe against the property of such owner for the amount of such expense and cost; and the person returning such lot for town taxes shall be taken and deemed to be such owner, and said execution shall proceed in the same manner and be liable to the same defense as is prescribed in this Act, where executions are issued by the town for construction, paving, or otherwise improving the streets and sidewalks of said town. Sanitation.

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SEC. 38. Be it further enacted by the authority aforesaid, That the mayor and town council shall have power and authority to elect a health officer, sanitary inspector, and such other officers as they may think right and proper; and whose terms of office shall be one year, or such time as town council shall prescribe, and whose duty and compensation shall be regulated by rules, regulations and ordinances of said town council. Said mayor and town council shall also have power and authority, at any regular or called meeting, to elect a board of health, to consist of five members for such terms as town council may prescribe, and at such salaries as they think proper. The members of said board of health shall be twenty-one years of age and over, bona fide residents of said town, and shall take and subscribe to such oath and obligation as shall be prescribed and required of them by the said town council. Said town council shall declare, define and regulate, by ordinance or resolution, the duties and powers of said board of health, not inconsistent with the laws of the State of Georgia. Board of health, etc. SEC. 39. Be it further enacted, That said mayor and town council shall have full power and authority to compel the removal to the typhoid fever and small-pox hospital, or any other contagious or infectious disease, any person who shall have typhoid fever, small-pox, or any of the said infectious or contagious diseases, in or near said town, and who do not provide their premises with sufficient disinfectants, treatments, and guards to completely regulate and control and quarantine said premises, but even when the said premises on which the said sick person may be sufficiently guarded, it shall be still in the judgment of the town council discretionary to assign all of sick persons to the hospital above declared. The mayor and town council shall have power and authority by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said town

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of Iron City, and within one mile of the incorporate limits of said town, and for this purpose said town authorities are hereby given police jurisdiction over all the territory and over all the residents within the said prescribed area, and upon all persons who may be working or sojourning in said town, whether they be permanent residents or not of said town. And said mayor and town council shall provide in said ordinances and regulations the time within which all persons as above referred to, shall be vaccinated, and any person failing or refusing to be vaccinated within the time required in such ordinances, rules and regulations, shall, upon conviction, be fined not more than one hundred dollars and cost, or imprisonment in the common jail, or such other place of confinement, as the mayor and town council may direct. Infectious diseases. SEC. 40. Be it further enacted, That the mayor and town council shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the town of Iron City, and they shall have power and authority to provide by ordinance a penalty for the use of vulgar and obscene language, and to punish lewd or disorderly conduct within the limits of said town, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said town. Lewd houses. SEC. 41. Be it further enacted, That the mayor and council shall not have power and authority to license or authorize persons to sell intoxicating whiskeys or liquors or beer of whatever kind, by retail or otherwise; nor shall any person keep for sale within the limits of said town any such whiskey, brandies, beer or any other intoxicating or alcoholic drink, by whatever name or names the same be called. Intoxicants. SEC. 42. Be it further enacted, That the said mayor and town council shall have power and authority to compel

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all male persons (except such as are exempt under the law) within the corporate limits of said town, between the ages of sixteen and fifty years, to work on the public streets, squares, lanes and alleys of said town not more than fifteen days each year; said mayor and town council shall have power and authority to levy and collect a direct tax for each year, without giving the person subject to road duty the right to work on the streets and to provide the time and amounts, when and how to be paid, or they may, in their discretion permit the persons subject to road duty to work on the streets the number of days required of them, and may commute the services so required of them by the payment of the officers of said town authorized to receive and receipt for same such commutation tax as may be fixed by the town council; provided, however, that in no event, whether town council shall declare for a direct street tax, or for a commutation tax in lieu of working the streets, shall the amount exceed the sum of five dollars a year. Street work and commutation tax. SEC. 43. Be it further enacted, That the said mayor and town council shall have power and authority to license and control all billiard tables, pool tables, or other tables of like kind or any other kind kept for public pay, tenpin alleys, or other like alleys, within the said town, and to remove the same whenever they become a nuisance; also to assess and collect a business license tax on all shows, circuses, exhibitions and performances of any and all kinds; also to license, regulate and control all livery stables, drays, wagons, carts, and all pleasure vehicles of whatever kind within said town. And the mayor and town council shall have power and control over all public wells, pumps, and all waterworks, fire companies and engines within said town. Billiard tables, etc. SEC. 44. Be it further enacted, That the mayor of said town shall have power and authority to hold a court at such time and place in said town as he or the town

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council may appoint for the trial of offenses committed against the by-laws, rules and regulations and ordinances of said town, and for such violations to punish by fines not to exceed one hundred dollars, imprisonment in the guard-house of said town or the common jail of Decatur county, not to exceed thirty days work on the chaingang, on the public works, on the streets, alleys, etc., not to exceed sixty days, and any one or more of these punishments may be ordered, in the discretion of the mayor. The mayor of the town shall be ex-officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of said town. Said warrants may be served by the police or marshals of said town, or by any other officer authorized by law to make arrests, and acting under said warrants said officers may arrest either within or without the limits of said town. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of the State have been violated by the person so charged, it shall be the duty of the mayor to commit said accuser to the common jail of Decatur county to answer the charge of any court of competent jurisdiction; provided, that if said offense is one that is bailable by justice of the peace, said mayor shall admit said accused to bail. If in the examination or trial of any one accused under a charge of violation of any of the municipal ordinances there is reason to suspect the commission of a crime on his part, the mayor shall have authority to bind over or commit said accused for said penal offense. Mayor's court. SEC. 45. Be it further enacted, That the mayor and town council of Iron City shall have power and authority to organize one or more chaingangs and to confine therein persons who have been sentenced by the police courts of said town to work upon the streets, or who have not paid their street tax, and they shall have power to make all rules and regulations that may be suitable,

Page 780

usual or necessary for the government and control of such work-gangs, and to enforce the same through its proper officers. Chaingangs. SEC. 46. Be it further enacted, That any person convicted before the police court may enter an appeal from the judgment of said court to the town council; provided, the appeal be entered in two days after the judgment complained of is pronounced. The town council shall hear and determine said case so appealed at its next regular term thereafter, and shall investigate the case de novo. Appeals from police court. SEC. 47. Be it further enacted, That the police court shall have power and authority to preserve order during the sessions of its court, compel the attendance of its witnesses, and to punish for contempt by imprisonment not to exceed five days in the common jail or other places of confinement in said town, or by a fine not to exceed ten dollars; and it is further provided, that the town council shall have the same right to punish for contempt when in regular or called session as the police court, provided the punishment for such contempt shall not exceed that of the said police court. Punitive powers of court. SEC. 48. Be it enacted, That should the mayor or any member of the town council be guilty of malpractice in office, wilful neglect of duty, gross or wilful abuse of powers entrusted to them, or for any reason become incompetent or unfit to fill such office, in the judgment of any three members of council, then, and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of the council jointly to bring a rule against such offending officer setting up the charge against him before the judge of the superior court of Decatur county, who shall issue a rule nisi thereupon requiring the said offending officer named therein to appear and show cause before him, at such

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time and place as he may therein designate, and require the same to be served upon the officer by handing him a petition and rule nisi in person or by leaving a copy at his most notorious place of abode at least three days before the hearing, and the said judge of the superior court is hereby granted power and authority to hear testimony and pass upon said rule, and may in his judgment remove the officer therein charged and declare the office vacant, and his judgment shall be final. Malpractice and neglect of duty. SEC. 49. Be it further enacted, That the mayor and town council shall have power and authority to prevent cattle, horses, mules, goats, hogs, dogs, or other animals, from going at large in said town, and to take up and impound any such animal running at large in said town, and to pass and enforce all rules, regulations and ordinances which they may deem necessary and proper for the regulation, control and prevention of all such animals to said town running at large, and they shall have the authority to have any dog running at large without a badge killed. Stock law. SEC. 50. Be it further enacted, That all executions issued by the clerk of council of Iron City shall be directed to the policemen and marshal of said town, and to all and singular the sheriff and constables of this State, and shall state for what issued, and shall be made returnable to the clerk aforesaid ninety days after the issuing of the same, and it shall be the duty of the police, marshal, or other collecting officer to advertise sales of such real estate or person all property as may have been levied by him to satisfy said execution in the same manner respectively as the sheriffs sales of real property or constables sales of personal property are required by law to be made, all of said sales to be made at the place and within the usual hours of sale of the sheriff's and constables, and to be made under the same rules and regulations as govern sheriff's and constable's sales of similar property and at the same time and place

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and the manner of sale of property both real and personal for taxes due shall be the same as provided by laws for sales under executions for State and county taxes. Whenever any land is sold the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor with ten per cent. premium thereon whenever at any such sale for taxes due no one present shall bid for the property put up for sale as much as the amount of such execution for taxes and all cost, and after such property shall have been cried a reasonable time, the duly appointed or authorized agent of the town of Iron City may bid off such property for the town, and the marshal or other officer making the sale shall make the town of Iron City a deed to the property so sold and deliver the same, and the title thus acquired by the town shall be perfect and valid after the period provided for the owner shall have expired, and the marshal or other officer making the sale shall put the town in possession, and the mayor and town council shall have no right to divert or alienate the title of the town to the property so purchased, except by a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the town. The clerk shall enter on his execution docket all executions, giving the date, amount of each and to whom delivered, and all proceedings thereunder. Said executions shall also be returned to the office of the clerk after being satisfied, whenever affidavits of illegality or claims interpose, then all the papers shall by the clerk be transmitted to the clerk of the county court in all matters and things of which this court has jurisdiction. All other illegalities and claims shall be returned to the clerk of the superior court unless the amount involved be less than fifty dollars, when same shall be returned to justice's court of the 1431st district, G. M., of Decatur county. In case of illegality or claim filed, the usual or necessary bond shall be given by the party filing or tendering said illegality

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or claim. The lien of tax execution in favor of the town of Iron City shall have priority on property within the corporate limits of the town over all other executions and judgments except those for State and county taxes. Executions. SEC. 51. Be it enacted, That whenever a person is arrested under the provisions of authority of this Act or under ordinance passed by authority of the same, it shall be lawful for him or her to enter into a good and sufficient bond, to be approved by the arresting officer, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard and shall be payable to the mayor and town council, which bond shall be forfeited on the non-appearance of the defendant in the same manner in the mayor's court as penal bonds are forfeited in the county or superior courts of this State, and said mayor is hereby empowered to issue scire facias, returnable before him in not less than seven days, nor more than thirty days, when any defendant shall fail to appear in terms of his bond upon the return thereof, judgment against the defendant and his securities shall be entered as in State courts, and the sales of all property levied shall be conducted, advertised and made as sales of property under other executions issued by said town, and such judgment and executions shall be a lien on all property of principal and securities equal in dignity to the judgment and executions of the several courts of this State of the same date, and superior in dignity to all the judgments in this State rendered after the date of such judgment of forfeiture. Appearance bonds. SEC. 52. Be it further enacted, That from and after the passage of this Act the mayor and council of Iron City are hereby authorized and empowered to submit to the qualified voters under the provision of the Code of Georgia of 1895, Sections 377 to 381, both inclusive, and other Sections of said Code, and Acts amendatory

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thereof relating thereto, except that said election shall be published in the town paper, the question of issuing bonds in a sum not to exceed twenty-five thousand ($25,000.00) dollars, and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights, a system of waterworks or a system of waterworks and sewerage, one or all systems for said town of Iron City, and at said election the ballot shall be written or printed, For Electric Lights and Bonds, or Against Electric Lights and Bonds, For Waterworks and Bonds, or Against Waterworks and Bonds, For Waterworks, Sewerage and Bonds, or Against Waterworks, Sewerage and Bonds, as the case may be, according to whether the question submitted as bonds for electric lights, waterworks, or waterworks, sewerage and bonds, or all, the town having the right, it is hereby enacted, to call an election or elections to vote upon the question of establishing, building, maintaining and operating plants for either the lights, waterworks or waterworks and sewerage, or for all, as may be deemed most advisable by the mayor and town council. Bonds for water, lights and sewerage. (A) BONDSHOW ISSUED, TERMS, ETC. Should said election or elections herein provided for result in favor of electric lights, waterworks, or waterworks and sewerage, or all, as the case may be, then the mayor and town council of Iron City shall be, and are, hereby authorized to issue said bonds for said purposes in a sum not to exceed twenty-five thousand dollars in the aggregate, each of said bonds to be in such sums as said mayor and town council may determine, said bonds to be paid in twenty years from date of issue, but the interest on said bonds to be paid annually. (B) Said bonds to be officially signed by the mayor and clerk of Iron City under its corporate seal, shall be

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sold, hypothecated or disposed of to the very best advantage of said town of Iron City, as may be determined by the mayor and council of the town of Iron City. The proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operating either a system of electric lights, waterworks, or waterworks and sewerage, or all, as the case may be, for said town. (C) REGULATIONS. The mayor and town council shall have full power and authority to make any and all rules, regulations and ordinances relative to said electric lights, waterworks, or waterworks and sewerage, and the use of same by the citizens of said town that they may deem right and proper, not in conflict with the laws of this State. (D) CHARGES FOR LIGHT AND WATER. Said mayor and town council are hereby authorized and empowered to charge the citizens of said town such sums as the said mayor and town council may deem just and proper for the use of said lights, waterworks and sewerage. (E) TAX FOR INTEREST AND SINKING FUND. The mayor and town council are hereby authorized annually to assess, levy and collect a tax on all property, both real and personal, within the corporate limits of said town, in such sum as they may deem necessary, right and proper for the specific purpose of paying the interest on said bonds and accumulating a sinking fund for the payment of the principal of the said bonds on their maturity, the said tax so levied and collected to be kept separate and distinct from all other taxes, and

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shall be used solely for the payment of interest and principal on said bonds aforesaid. (F) BONDS NON-TAXABLE. The principal of said bonds when they shall become due and the coupons of interest warrants on the same shall be receivable by the town of Iron City in payment of all dues to said town, and said bonds shall not be taxable, directly or indirectly, by the town of Iron City. (G) Be it further enacted, That if the election herein provided for either electric lights, waterworks, or waterworks and sewerage, or all, should be against the issuing bonds for either or all systems, or should there be a failure to give the notice and make the application for confirmation and validation of said bonds as provided in Sections 1 to 9, of the Act of the Georgia legislature, approved December 6, 1897, providing for the confirmation and validation of all bonds for counties, municipalities and other divisions, then, in that event, the mayor and town council of Iron City may, at their own instance, and shall, at the application of any fifteen freeholders of said town, at any time thereafter, order another election, under the provisions of this Act, provided, only that such election shall not be held oftener than once in every six months; and provided further, that said mayor and town council shall call an election only for lights, waterworks, or waterworks and sewerage, and the same shall be for the issuing of bonds for the purpose, that they may still call another election at such time as they may deem proper to vote to establish the other systems; provided, that the aggregate amounts of all bonds shall not exceed the amount of twenty-five thousand dollars, the amount herein provided for. SEC. 53. Be it further enacted by the authority aforesaid, That all provisions of former Acts of the General

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Assembly of the State of Georgia, incorporating the town of Iron City, and now constituting the present charter of said town, which are at variance or conflict with this Act are hereby expressly repealed, and that the provisions of this Act shall become operative on January 1, 1909, when the same is passed by the General Assembly and approved by the Governor of the State of Georgia. And be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Existing laws. Approved August 17, 1908. JACKSON, NEW CHARTER. No. 357. An Act to create a new charter for the city of Jackson; to consolidate certain provisions of the Acts heretofore passed confirming corporate powers on the municipality now existing under the name of the city of Jackson; to provide that no valid existing ordinance, rule or regulation adopted by any governing body or officer of said municipality nor any contract made nor right rested under or by virtue of any of said Acts, ordinances, rules or regulations shall be affected by this Act; to provide for the condemnation of private property within or without the territorial limits of said city for the public purpose of said city; to extend the territorial limits of said city and the jurisdiction and authority of the governing body and officers of said city for sanitary and police purposes over any lands which may now or hereafter be owned or leased by said city or the governing body or officers thereof for any public purposes of said city; to provide for

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the election of members of a bond commission to receive and manage the sinking fund raised to discharge the bonded indebtedness of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: SECTION 1. The inhabitants of the territory heretofore designated by law as the town of Jackson and as the city of Jackson, are hereby continued as a body politic and corporate under the name and style of the city of Jackson; with power to govern themselves by such ordinances, by-laws, rules and regulations for municipal purposes as they may deem proper, not in conflict with this charter, the Constitution or laws of this State or of the United States. The corporation hereby continued in existence shall have full power in and by said corporate name to contract and be contracted with; to sue and be sued; to plead and be impleaded; to purchase, hold, receive, enjoy, possess and retain for the use and benefit of said city of Jackson or the inhabitants thereof, in perpetuity or for any term, any estate, real or personal, or lands, tenements, or hereditaments of any kind, within or without the limits of said city, for corporate purposes; to use, manage, improve, sell, convey, rent or lease any such estate or property; to have and use a common seal; and to perform all Acts necessary or incident to its corporate existence or capacity. Provided, no valid existing ordinance, rule or regulation adopted by any governing body of said municipality nor any contract made nor any right vested under and by virtue of any Act shall be affected by this Act. Jackson, city of, new charter for. SEC. 2. The corporate authority of said city and the territorial jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all lands which are now owned or controlled and all lands which may hereafter be owned or

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controlled by said city for waterworks, electric light, sewerage, drainage, or cemetery purposes, outside of the territory indicated in the first Section hereof; and over all mains, pipes, wires, poles, machinery, apparatus and fixtures which are now or may be hereafter owned, controlled or used by said city, for either of said purposes, outside of the territory indicated in said first Section. The governing body and the officers of said city shall have full power and authority to make and enforce such ordinances, by-laws, rules and regulations as they may deem necessary to protect the land, premises and other property referred to in this Section and all rights and interests of said city therein as fully and completely as if the same were located within the limits of said city proper as indicated in said first Section. Corporate limits. SEC. 3. The territory of said city as indicated in the first Section hereof shall be divided into four wards; each to be as nearly square as practicable, considering population and territory. City wards. SEC. 4. The municipal government and control of said city shall be vested in a mayor and four aldermen. Mayor and aldermen. SEC. 5. On the first Wednesday in January of each year there shall be elected from among the qualified voters of said city a mayor of said city and one alderman for each of the four wards thereof and school trustees as provided in the forty-sixth Section hereof. The persons elected as aldermen shall be bona fide residents of the wards for which they shall be elected respectively. Such elections shall be held by three managers to be appointed by the mayor and aldermen of said city, such managers to be freeholders and qualified voters of said city. Such managers shall make a return of such election to the mayor and aldermen then in office, who shall declare the result and cause the same to be entered upon the minutes of their proceedings. The mayor and aldermen so elected shall hold office as such for one year

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from the date of such election and until their successors respectively shall be elected and qualified. All persons shall be qualified to vote at such election who shall have bona fide resided in said city for sixty days next preceding the date of such election, shall be entitled to vote for members of the legislature from Butts county and shall have complied with the requirements of all ordinances which may have been passed by said mayor and aldermen under the fifty-first Section hereof providing for registration of voters of said city. City elections. SEC. 6. If the office of the mayor or any alderman or any school trustee shall become vacant by death, resignation, removal or otherwise, the mayor or a majority of the aldermen shall order a special election to fill the unexpired term and give ten days notice thereof in one or more newspapers or at two or more of the most public places in said city. Such special election shall be managed and returned and the result thereof shall be declared and published as provided in Section fifth hereof; provided, there shall be no such special election if the office of mayor shall become vacant within three months of the expiration of the regular term thereof. Vacancies. SEC. 7. The mayor shall be the chief executive officer of said city. He shall see that all laws and ordinances of said city are faithfully executed and shall hold and conduct the mayor's court provided for in the thirty-second Section hereof. He shall preside at all meetings of the mayor and aldermen and shall have power to convene them in extra session whenever in his judgment the exigencies of the case require it; but he shall have no vote except in case of a tie. He shall examine and audit all accounts against said city before the same shall be paid. All ordinances, resolutions, and orders passed by said aldermen which direct or authorize the payment of any sum over one hundred dollars out of the treasury of said city shall be subject to his veto. He shall have

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four days after the same shall be passed within which to file with the clerk his veto with his reasons therefor in writing; but such ordinances, resolutions or orders may be passed over such veto by a vote of three-fourths of said aldermen taken by ayes and nays and entered on the minutes. Such veto power shall not extend to any action of the aldermen effectuating the will of said city expressed at an election by the qualified votes thereof held for that purpose. Mayor, duties and powers. SEC. 8. Said mayor shall receive a salary to be fixed by the mayor and aldermen preceding his election, not to exceed one hundred dollars for the first five hundred or fraction thereof of the inhabitants of said city, one hundred dollars for the second five hundred or fraction thereof of such inhabitants, and fifty dollars for each five hundred or fraction thereof of such inhabitants over and above one thousand and up to three thousand. Such salary shall not be changed during his term of office. Salary of mayor. SEC. 9. The power of legislation and the appointment of all subordinate officers of said city (except school trustees) shall be vested in said mayor and aldermen. They shall hold regular meetings at such times and places as may be determined upon by them. Three shall constitute a quorum for the transaction of business, provided the mayor or mayor pro tem. shall constitute one of that number, but a less number may adjourn from time to time and compel the attendance of absentees. Mayor and aldermen, meetings, etc. SEC. 10. At the first regular meeting of the mayor and aldermen after each annual election thereof, they shall proceed to elect for said city by ballot, from among the qualified voters thereof, a mayor pro tem., from among said aldermen, a clerk and treasurer, three tax assessors, a tax receiver and collector, one bond commissioner, a chief of police, and such other police officers as may be necessary for the protection of said city and the property and rights thereof. provided, at such first meeting in the year 1909 three bond commissioners shall be so

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elected. They may also elect an engineer and a board of health. The persons so elected shall hold their respective offices for one year and until their respective successors shall be elected and qualified: Provided, the bond commissioners shall hold their offices for three years, except two of those to be elected in the year 1909, as provided in the forty-seventh Section hereof, who shall hold their offices for one and two years respectively. The salaries of the officers provided for in this Section shall be such as may be prescribed by ordinances of said mayor and aldermen, and shall not be increased or diminished during their respective terms of office. No extra pay, allowance or costs shall be made to either of them. If any office to be filled by election by said mayor and aldermen shall become vacant by death, resignation, removal or other cause, the mayor and aldermen shall likewise elect a person to fill the unexpired term of such office. City officers. SEC. 11. In the case of the death, resignation, removal from office, or absence from said city of the mayor thereof such mayor pro tem., shall exercise all the powers and discharge the duties conferred and imposed upon the mayor of said city by this charter and the ordinances, rules and regulations of said city. Vacancies. SEC. 12. For the purpose of enabling said mayor and aldermen to know at all times the true financial condition of said city, the clerk, when called upon to do so, shall prepare and read at a regular session of the mayor and aldermen a statement showing the probable gross income of the city for the fiscal year and the amount of money which has been expended and voted to be expended up to the date of such statement. Such statement shall be entered upon the minutes if so directed by said mayor and aldermen. Financial statements. SEC. 13. The treasurer of said city shall at the close of each quarter of each fiscal year make a full tabular statement of the receipts and disbursements of said city

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for the preceding quarter, which statement shall be verified by the chairman of the finance committee and published. Quarterly statements of treasurer. SEC. 14. Said tax assessors shall assess the true cash market value of the real estate within the limits of said city as defined in the first Section hereof and make return of the names of the owners and the assessed value thereof to said mayor and aldermen by the first day of July in each year. Such return shall be entered for the collection of taxes as provided in the sixteenth, thirty-fifth and thirty-sixth Sections hereof. Tax assessments. SEC. 15. Any tax-payer who shall be dissatisfied with any such assessment may appeal to said mayor and aldermen for a correction of such assessment within fifteen days after such assessment shall have been returned, and the judgment of said mayor and aldermen thereon shall be final; provided, said mayor and aldermen shall publish this Section as early as practicable each year in a newspaper in said city. Appeals. SEC. 16. The clerk and treasurer of said city shall enter the returns of the tax assessors on his books with other taxes as provided in the fourteenth and thirty-sixth Sections hereof, and shall keep an account with the bond commission and deliver and pay over to them as directed by said mayor and aldermen all taxes collected for the payment of any bonded debt of said city or interest thereon as provided in the forty-seventh Section hereof. Tax to pay bonds. SEC. 17. The tax receiver shall receive all returns of property for taxation; assess and double tax all personal property in said city not returned for taxation; assess the value of all personal property returned at less than its true cash market value and give notices as required by the thirty-sixth Section hereof. The tax collector shall collect all taxes and license fees due said

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city and pay the same over to the treasurer of said city. Tax returns. SEC. 18. It shall be the duty of the police officers to make arrests, within and without the limits of said city, of all persons violating any ordinance of said city, expressly including all ordinances authorized to be made by the second Section hereof, and to make arrests of all persons who have violated the penal statutes of this State, either with or without warrant or summons therefor. They shall have power to release all persons upon bonds as provided in the thirty-third Section hereof. It shall be the duty of the chief of police to prosecute before the proper court of Butts county for all offenses against the laws of this State committed in said city or upon property mentioned in the second Section hereof. Said police force shall be so uniformed and armed as to be readily recognized by the public as peace officers, the arms and uniforms to be furnished by the city and to remain the property of the city. Arrests. SEC. 19. All officers elected by said mayor and aldermen shall discharge such duties in addition to those prescribed in this Act as are, or may be, prescribed by ordinances of said mayor and aldermen and shall give such bonds for the faithful discharge of their respective duties as said mayor and aldermen may require; provided, the surety on the bond of a bond commissioner shall be a duly authorized guaranty or surety company. Bonds of officers. SEC. 20. Each officer of said city before entering upon the discharge of the duties of his office shall take and subscribe before a judge of some court in Butts county an oath that he will faithfully discharge the duties of his office to the best of his skill and ability. Oath of officers. SEC. 21. Said mayor and aldermen shall have sole right to try impeachments of all officers of said city.

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When sitting for that purpose they shall be under oath or affirmation when the mayor shall be tried, the council shall select one of their number to preside; and no person shall be convicted without the concurrence of all the members present. Judgment in cases of impeachment may extend to removal from office and disqualification to hold any office of trust, honor or profit under this charter, and no further; but the party convicted shall, nevertheless, be liable and subject to indictment, trial and punishment according to law. Impeachments. SEC. 22. Said mayor and aldermen shall have full power and authority to make all ordinances, by-laws, rules and regulations respecting or relating to public buildings and grounds, work-houses and public houses; the use of wagons, carriages, carts, drays, hacks, pumps, wells, and fire engines; the care of the poor; the suppression of disorderly houses and houses of ill fame; the prevention and punishment of disorderly conduct, and conduct likely to disturb the peace and tranquility of any citizen of said city; the punishment of persons loitering about the streets of said city; the inspection of steam boilers; the regulation and prevention of the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, naptha, turpentine, hemp, cotton, petroleum, nitroglycerine, dynamite, and all other combustible or explosive substances and material; the regulation and prevention of the use of lights in stables, shops and other places and the building of bon fires; and the regulation and prevention of the use of fire crackers, torpedoes, Roman candles, sky rockets and other fireworks. Corporate powers. SEC. 23. Said mayor and aldermen shall have full power and authority to declare what shall be a nuisance and to abate the same and provide for the punishment of any person who may create or continue such nuisance; to compel the owner or user of any cellar, stable, pig sty, sewer or any other unwholesome or nauseous houses

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or place in said city to cleanse, abate or remove the same and to regulate the location thereof; to prohibit the slaughtering of any kind of animal in said city; to establish and maintain quarantines against contagious or infectious diseases; to establish and regulate cemeteries within or without the corporate limits of said city, to acquire lands therefor by gift, bequest or otherwise and to require burial permits to be issued before anybody can be interred within the limits of said city, provided, the present cemetery shall not be extended in any but a southerly direction, and funds now in the treasury of said city and funds arising from the sale of lots in said present cemetery, known as the cemetery fund shall not be used for any purpose except to maintain and beautify the present cemetery. And provided further, at any time said mayor and aldermen may abolish said present cemetery and purchase land for a new one. Nuisances. SEC. 24. Said mayor and aldermen shall have full power and authority to define and establish the fire limits of said city and from time to time in their discretion to extend and enlarge the same. Within such fire limits it shall be unlawful to erect buildings or structures of any kind not fire-proof. Said mayor and aldermen shall have power to determine what buildings and structures are not fire-proof. Should any person erect or cause to be erected within such fire limits any building or structure not fire-proof, said mayor and aldermen shall, after giving such person ten days notice and opportunity in regard thereto, cause the same to be removed at the expense of the owner or owners thereof. Said mayor and aldermen shall also have power to declare any building or structure in said city unsafe and dangerous and to condemn the same as such and cause the same to be repaired or removed at the expense of the owner thereof after giving such owner ten days notice and an opportunity to be heard in regard thereto. Fire limits.

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SEC. 25. Said mayor and aldermen shall have full power to open, lay out, widen, straighten and otherwise change streets, alleys and squares in said city; to establish and fix such systems of grading and draining the streets of said city as they shall deem proper; and to condemn private property for any of these purposes. Streets, etc. SEC. 26. Said mayor and aldermen shall have full power and authority to purchase, lease or condemn any lands and premises, water rights, rights-of-way, easements, franchises, within or without the limits of said city, for the purpose of establishing or maintaining an electric light plant, a waterworks system, or either of them. Lights and water. SEC. 27. All rights of eminent domain and all rights and power to condemn property conferred by this Act upon said city, upon said mayor and aldermen, or upon any officer of said city shall be exercised in accordance with Sections 4657 to 4686 both inclusive of the Code of Georgia of 1895 and Acts amendatory thereof. Condemnation. SEC. 28. Said mayor and aldermen shall have full power and authority to make and adopt all ordinances, rules and regulations they may deem proper for maintaining, operating and carrying on waterworks and electric light systems of said city for supplying water and lights for said city and the inhabitants thereof and charging and collecting therefor. Lights and water. SEC. 29. Said mayor and aldermen are hereby authorized to make all necessary and proper arrangements for work on the public streets and public works of said city and to provide rules and regulations for the working of persons sentenced to confinement at labor for violations of ordinances of said city. Street work. SEC. 30. Said mayor and aldermen shall have full power and authority to make, adopt and enforce all ordinances, by-laws, rules and regulations which they may deem proper for the security of the peace, health, morals,

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good order and general welfare of said city and the inhabitants thereof, and for the protection of the property, rights and interests of said city. General welfare. SEC. 31. Said mayor and aldermen shall have full power and authority to prescribe by ordinances adequate penalties for the violation of any of the ordinances, rules and regulations of said city; such penalties not to exceed for any such violation a fine of one hundred dollars, imprisonment in the calaboose or building used for that purpose for sixty days and confinement at labor on the public works of streets of said city, sixty days. Punitive powers. SEC. 32. Said mayor shall have full power and authority to hold a mayor's court for said city for the trial of persons charged with offenses against the ordinances of said city and to impose such penalties for the violation of such ordinances as may be prescribed by ordinances of said city. Such court shall be held at such times and places and under such rules and regulations as may be fixed and prescribed by ordinances of said mayor and aldermen. Mayor's court. SEC. 33. Any police officer of said city shall have authority to release any person arrested for violating any such ordinance of said city upon such person giving a bond payable to said city in an amount and with surety to be approved by the chief of police or mayor of said city conditioned for the appearance of such person before said mayor's court at the time and place specified in said bond and from time to time until he shall have been tried for the offense for which he shall have been arrested. Provided, the authorities of said city may refuse to release on bond any person whose appearance in said city would likely be dangerous, indecent or in violation of any ordinance of said city. Appearance bonds. SEC. 34. If any person so released shall fail to so appear for trial such bond shall be forfeited; and a

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rule nisi shall be issued requiring him and the surety upon such bond to show cause before said court at a time not less than sixty days from the date of such rule why such bond shall not be absolutely forfeited. Copies of said rule shall be served upon the persons to whom it shall be directed at least twenty days before the return day thereof personally or by leaving the same at the most notorious place of abode of the person to be served, or by publishing the same once a week for four weeks in a newspaper in said city. If at the time such rule is made returnable no sufficient cause to the contrary shall be shown the forfeiture of said bond shall be made final and absolute, and execution shall issue for the full amount thereof and all costs against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk and mayor of said city, shall be directed to all police officers of said city and to all and singular the sheriffs and constables of this State, shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in superior courts, and shall be levied by any officer to whom it shall be directed. Forfeitures. SEC. 35. For the purpose of raising revenues for the support and maintenance of the government of said city and defraying the ordinary current expenses thereof, said mayor and aldermen shall have full power and authority, and it shall be their duty, to provide by ordinance for the levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding one-half on one per cent. thereof. Said levy shall be fixed after the return and assessment of said property as provided in the fourteenth and twenty-sixth Sections hereof and before the first day of October in each year. All taxes so levied shall be due and collectible on the 20th day of December of the year for which they shall be so levied. Ad valorem tax.

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SEC. 36. The owners of all personal property located within the limits of said city as indicated in the first Section hereof shall make returns of the same under oath to the tax receiver of said city by the first day of July of each year, stating therein the true cash market value of such property. If the owner of any such property shall fail to so return the same, said tax receiver shall assess the true cash market value of the same and the same shall be entered upon the books of said city for taxation at double such assessed value. Said tax receiver shall give notice in writing to the owner of any such property so double taxed and such owner shall have the right to appeal from such action of said tax receiver to said mayor and aldermen within fifteen days from such notice; and the judgment of said mayor and aldermen thereon shall be final. If said tax receiver shall be dissatisfied with the valuation placed upon any such personal property in any such return he shall assess the true cash market value thereof and give notice in writing of such assessment to the person making return of the same; and such person may appeal to said mayor and aldermen from such assessment within fifteen days of such notice, and the judgment of said mayor and aldermen thereon shall be final. Tax returns. SEC. 37. Said mayor and aldermen shall have full power and authority to require all persons, firms, companies or corporations engaged in prosecuting or carrying on any trade, business, calling or avocation within the corporate limits of said town to register their names and businesses, callings, trades, avocations and professions annually, and to require them to pay for such registration and for license to engage in, prosecute or carry on the same, not exceeding fifty dollars per annum. This restriction shall not apply to the business of selling spirituous or intoxicating liquors. Special tax. SEC. 38. Said mayor and aldermen shall have full power to pass such ordinances as they may see proper

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in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions; provided, the price to be paid for such licenses when granted, shall not exceed one hundred dollars for each performance or exhibition. Amusements. SEC. 39. Said mayor and aldermen shall have full power and authority to license billiard tables and tenpin alleys, shooting galleries and all public billiard tables kept or used for the purpose of playing or renting, and all public tenpin alleys and ninepin alleys, or alleys of any kind which are kept or used for the purpose of renting the same and charge for said license a sum not exceeding fifty dollars on each. Billiard tables, etc. SEC. 40. Said mayor and aldermen shall have full power and authority to assess a tax of not more than three hundred dollars per year upon all persons carrying on the brokerage business in said city in addition to all other tax in said city they may pay. They shall have power to license pawnbrokers, to define by ordinance their power and privileges; to impose taxes upon them; to revoke their license; and generally to exercise such superintendence over pawnbrokers as will insure fair dealing between them and their customers. Brokers, etc. SEC. 41. Said mayor and aldermen shall have power to levy and collect from itinerant traders, who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said town, such tax as to them may seem proper; provided, that no person shall be prohibited from selling free from any tax any number of books, maps, charts or mathematical instruments within said city. Peddlers. SEC. 42. Said mayor and aldermen shall have authority and power to provide by ordinance for the issuance of executions against the property of any persons who shall fail to pay when due to said city any tax, license fee, assessment, or any liability for the use of water or

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lights; and all such executions shall operate as tax executions. Executions. SEC. 43. All residents of said city liable to perform road duty under the laws of this State shall be liable and subject to work on the streets of said city under the direction and control of the proper officers thereof. Said mayor and aldermen shall have the power to levy a street tax in lieu of such work. Any person who shall fail or refuse to pay such street tax on or before such day as said mayor and aldermen shall by ordinance name and shall fail or refuse upon three days' notice to perform works as aforesaid shall be liable to be punished upon conviction the same as persons violating other ordinances of said city. Street work and commutation tax. SEC. 44. The annual expense of said city shall be so restricted as not to exceed the annual income thereof. Expense and income. SEC. 45. Said mayor and aldermen shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of this State; from funds arising from the sale of any bonds thus issued to establish and maintain a system of waterworks, a system of lights, public buildings; or any other improvement, convenience of necessity for the use or convenience of the citizens of said city; to create a debt and issue bonds of said city for any other lawful purpose under the limitations herein stated; and to levy a tax of five eighths of one per cent. annually upon the assessed property of said city to discharge said debts. Bonds. SEC. 46. With the consent of two-thirds of the qualified voters of said city said mayor and aldermen shall have power and authority to issue bonds for the erection of public schools in said city. They shall have power to levy an annual tax not to exceed five-eighths of one per cent. upon the assessed taxable property of said city to maintain public schools. At the annual elections

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provided for in the fifth Section hereof, there shall be elected from among the qualified voters of said city at large one city trustee and from among the qualified voters of each ward of said city one ward trustee, who, with the four ward trustees elected at the preceding annual election, shall constitute a board of trustees for the public schools of said city. Said city trustee shall be chairman of said board. He shall hold office for one year and until his successor shall be elected and qualified. Said ward trustees shall hold their offices for two years and until their respective successors are elected and qualified. The ward trustees elected at each annual election shall succeed those elected two years previously. Neither the mayor nor any alderman of said city shall be eligible to serve on said board of trustees. Said mayor and aldermen shall pass ordinances prescribing the duties and powers of said board of trustees and have a general supervision of their acts and doings. Bonds. SEC. 47. A bond commission of the city of Jackson is hereby created to be composed of three bond commissioners, who shall be discreet and conservative business men of said city to be elected by the mayor and aldermen as provided in this and the tenth Section hereof. At the first election they shall elect three bond commissioners to serve for one, two and three years respectively and until their respective successors shall be elected and qualified. At each annual election thereafter they shall elect one bond commissioner who shall serve for three years and until his successor shall be elected and qualified. Said bond commissioners shall handle and control the funds which shall be turned over to them from time to time for the purpose of raising a sinking fund for the final redemption of the bonds of said city which now exist or which may hereafter exist and for the payment of the interest which may become due on any of such bonds. Said mayor and aldermen shall provide for delivering and paying over to said commission all taxes which have been collected and all taxes which may hereafter

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be collected for the purpose of paying any bonded debt of said city or any interest thereon, and shall provide for delivering and paying over to said commission annually a sufficient sum to pay the accruing interest on all such bonded debt and the amount required by law to be held as a sinking fund for the final redemption of the entire bonded indebtedness of said city. From the funds which shall go into the hands of said commission all bonds of said city and interest thereon shall be paid as the same shall fall due. Said commission shall have power to invest any of the moneys in their custody in valid State, county or municipal bonds; to dispose of the same and to re-invest the proceeds; and in their discretion, to buy any of the bonds of said city of Jackson before maturity thereof and pay a premium therefor if necessary in their wise discretion. Said commission shall on the first day of January and July of each year submit to the mayor and aldermen a written statement under oath, giving a full and accurate account of all the moneys in their hands and dates of maturity of all outstanding bonds of said city and showing all other facts that will illustrate the matter over which they have jurisdiction. Said statements shall be published in the newspaper in which other statements of said city shall be published. Said commissioners shall each give a bond with some authorized surety or guaranty company as surety and as provided in the eighteenth Section hereof. Said mayor and aldermen shall appropriate each year the sum necessary to defray the expenses of said commission. Bond commissioner. SEC. 48. No order, ordinance or resolution having for its object the increase of the indebtedness of said city or the expenditure of the revenues or moneys thereof shall take effect or become binding until the same shall have received a vote of a majority of said aldermen, when any such ordinance, resolution or order is passed or made any aldermen may give notice of a motion to reconsider the same and such notice shall operate to

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delay the force and effect of the same until such reconsideration can be had at the next regular meeting of the mayor and aldermen. Any member shall have the right to call for the ayes and nays which shall be recorded on the minutes. Debts, how incurred. SEC. 49. Be it further enacted, That the mayor and council of the town of Jackson shall have power and authority to employ competent counsel for said city whose salary or compensation, term of office and duties shall be fixed by ordinance. City attorney. SEC. 50. Said mayor and aldermen shall have executive power and authority to grant franchises to a person or persons for the purpose of erecting water systems, light systems, and telephone systems, and any other purpose for which the public streets of said town are used; provided, that no person shall be given any exclusive right. Franchises. SEC. 51. Said mayor and aldermen shall have power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as aforesaid. Registration of voters. SEC. 52. The sale of spirituous, vinous, or malt liquors, or bitters, or commercial ciders, or domestic wines or liquors of any kind, which, if drunk to excess will produce intoxication, is hereby forever prohibited within the corporate limits of said city, and in order to carry out the spirit and effect of this Section the mayor and aldermen shall have the power to enter any place of business where it is suspected that any part of this Section is being violated, and to have any drink that is there being sold or offered for sale analyzed to ascertain whether or not said drink will intoxicate when drunk to excess. Intoxicants.

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SEC. 53. Said mayor and each of said aldermen shall have power and authority of justices of the peace to issue warrants for offenses committed within the corporate limits of said city or upon the property mentioned in the second Section hereof, to bind over offenders in bailable cases to the proper court in Butts county, and to commit to the jail of said county for trial before such a court offenders in cases not bailable, and offenders in bailable cases in default of bond. Such warrant shall be directed to the police officers of said city and shall be executed by them. It shall be the duty of the jailer of said county to receive all persons so committed and safely keep them until discharged by due cause of. Arrests, etc. SEC. 54. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 8, 1908. JONESBORO, CHARTER AMENDED. No. 552. An Act to amend an Act approved December 18, 1902, known as an Act to amend the charter of the town of Jonesboro, in Clayton county, as amended by an Act approved August 13, 1904, by repealing and striking from said Act approved December 18, 1902, Section 4 thereof, which provides for the election of officers, and substituting a new Section providing for the election of officers of said town, and that the mayor and council shall hold for a term of two years, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act to amend an Act

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approved December 18, 1902, known as an Act to amend the charter of the town of Jonesboro, in Clayton county, as amended by an Act approved August 13, 1904, be and the same is hereby amended by repealing and striking from said Act approved December 18, 1902, Section 4 thereof, which Section provides for the election of officers. Jonesboro, charter amended. SEC. 2. Be it further enacted by the authority aforesaid, That the following Section be, and the same is, hereby enacted and substituted in lieu of Section 4 of said Act approved December 18, 1902, to-wit: SEC. 4. Be it further enacted, That an election under this Act shall be held at such place in said city of Jonesboro as the council shall designate, on the first Wednesday in December, 1908, for the election of a mayor, whose term of office shall begin on the first Monday in January, 1909, and who shall serve for a term of two years, and until his successor is elected and qualified; and for the purpose of electing six councilmen, whose term of office shall begin on the first Monday in January, 1909, three of whom shall serve for a term of one year, and until their successors are elected and qualified, and three of whom shall serve for a term of two years, and until their successors are elected and qualified. After the election to be held on the first Wednesday in December, 1908, all councilmen elected for said city of Jonesboro shall serve for a term of two years each, and until their successors are elected and qualified. A regular election shall be held in and for said city of Jonesboro, as herein provided, on the first Wednesday in December of each year, for the purpose of electing councilmen to succeed those whose terms of office shall expire on the first day of January following and for the purpose of electing a mayor, when his term of office shall expire on the first Monday in January following, it being the purpose of this Act that the mayor and councilmen of said city of Jonesboro

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shall each hold office and serve for a term of two years, and until his successor is elected and qualified; and that the terms of office of three of the councilmen shall expire on the first Monday in January of each year, as hereinbefore provided. Election of mayor and councilmen. SEC. 3. 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. Approved August 17, 1908. JUNCTION CITY, TOWN OF, CHARTER AMENDED. No. 500. An Act to amend the Act approved August 21st, 1906, incorporating the town of Junction City in the county of Talbot, for the purpose of defining the corporate limits of said town. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act incorporating the town of Junction City, in the county of Talbot, approved August 21, 1906, be amended by adding at the end of Section 2 of said Act the words: Excepting that on what is known as the Paschal side of Junction City, which is the west and northwest side of Junction City, the corporate limits shall extend only to the east line of the land known as the Miss Mattie Miller land, so that said Section 2 shall be as follows: That the corporate limits of said town be as follows: Beginning at the point where the store built by the Perkins Lumber Company now stands, which was used by said firm as a commissary, and extending

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in every direction one mile from the said point, excepting that on what is known as the Paschal side of Junction City, which is the west and northwest side of Junction City, the corporate limits shall extend only to the east line of the land known as the Miss Mattie Miller land. Junction City, corporate limits. SEC. 2. 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. Approved August 17, 1908. KINGWOOD, TOWN OF, INCORPORATED. No. 345. An Act to incorporate the town of Kingwood, in the county of Colquitt; to provide for a mayor and aldermen for said town; to prescribe their powers and duties; to define the corporate limits of said town; to confer certain powers on the municipal authorities of said town, and to provide penalities for the violation of any and all municipal ordinances which may be passed by said mayor and aldermen, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Kingwood, in the county of Colquitt, be, and the same is, hereby incorporated as a town, under the name and style of the town of Kingwood. Kingwood, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one-half mile north, east, south and west from an iron stake which stands on the

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original land line running east and west, which said line divides land lots Nos. 260 and 293 in the Eighth land district of Colquitt county, Georgia, so that the town limits shall be in a square starting at this iron stake, which shall be the center of said town. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and aldermen of the town of Kingwood, and by that name shall be capable of suing and being sued, in any court of law or equity in this State, to plead and be impleaded, and to do all other acts relating to their capacity, and shall be capable in law to purchase, hold, enjoy and possess any real or personal property whatsoever, either to themselves or their successors in office, for the sole use and benefit of the said municipality in perpetuity, or for a term of years, which may be located in said town, and to sell, exchange or lease the same in any way whatsoever. Mayor and aldermen. SEC. 4. Be it further enacted, That W J McBride be, and he is hereby appointed and created mayor of said town, and W. A. Henderson, Egbert Jones, B. D. Penton and M. P. Brogan be, and they are hereby appointed and created aldermen of said town of Kingwood, to hold their offices until the first annual election, as hereinafter provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That an election shall be held in the council chamber of the town of Kingwood on the first Monday in January, 1909, and biennially thereafter, for the election of a mayor and four aldermen, to serve two years from that date and until their successors are elected and qualified, and the said mayor and four aldermen hereby appointed by this Act shall hold their offices until the first Monday in January, 1909, and until their successors are elected and qualified. Election of mayor and aldermen.

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SEC. 6. Be it further enacted, That no person shall be eligible to vote or hold any office in said town of Kingwood who is not qualified to vote for members of the General Assembly of this State, and who have not resided in the town of Kingwood for at least three months previous to the holding of the election at which he offers to vote. Eligibility to office. SEC. 7. Be it further enacted, That the returns of said election, held in the town of Kingwood for mayor and aldermen, shall be made to the mayor and aldermen of said town. In the event the office of mayor or aldermen, or any of the board of aldermen shall become vacant, by death, resignation or removal, or other cause, the mayor shall appoint any suitable, fitted and proper person to serve out said unexpired term, and in case the office of mayor shall become vacant, for any reason whatsoever, then a majority of the board of aldermen shall appoint some fitted and proper person to serve out the unexpired term, in which case the appointee to have the qualifications as provided by this Act. Election returns. SEC. 8. Be it further enacted, That before entering upon the discharge of their duties the said mayor and aldermen of the town of Kingwood shall subscribe to and take the following oath: I do solemnly swear that I will faithfully discharge all duties devolving upon me as mayor or alderman (as the case may be) of the town of Kingwood, in Colquitt county, Georgia, according to the best of my ability and understanding, so help me God, which oath may be administered by any person authorized by the laws of this State to administer oaths. Official oath. SEC. 9. Be it further enacted, That the said mayor and aldermen shall have power and authority to elect such marshal as they may deem necessary to preserve the peace of said town, and of collecting the revenues thereof, and they, said mayor and aldermen, shall have power to elect such treasurer as they may deem proper, and all such subordinate officers as they may deem necessary

Page 812

for carrying out the provisions of this charter, and to prescribe the duties and compensation of such officers, and to require of them such bond for the faithful performance of their duties as said mayor and aldermen shall deem expedient and necessary. Officers. SEC. 10. Be it further enacted, That said mayor and aldermen shall have power to make and pass all such ordinances, by-laws, rules and regulations that they may deem necessary for the good order, peace, health and good government of said town, and for the enforcement of all powers herein granted, provided they are not in conflict with the Constitution of this State or of the United States. General welfare. SEC. 11. Be it further enacted, That said mayor and aldermen shall have full, complete and exclusive jurisdiction over all streets, alleys, lanes and sidewalks of said town; that they shall have the power to lay off, alter and abolish or establish, any street, sidewalk, lane or alley in said town; they shall have the power to prescribe by ordinance how many days each person shall work on the streets each year, and may allow each person liable to work on said streets to pay in lieu thereof a commutation tax. Streets, etc. SEC. 12. Be it further enacted, That said mayor and aldermen shall have the power and the authority to enforce the observance of their ordinances by fine, imprisonment or work on the streets of said town, or confinement in the guard-house, but no fine shall be for more than fifty dollars, and no person shall be imprisoned in the guard-house of said town for a longer period than thirty days. Punitive powers. SEC. 13. Be it further enacted, That the said mayor and aldermen of the said town of Kingwood shall have the right and power to elect from their body a mayor pro tem., who shall preside in the absence of the mayor of the said town of Kingwood, and that the said mayor

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or the mayor pro tem. of the said town of Kingwood is hereby empowered and authorized to bind over any offender to answer to the proper court in Colquitt county for the violation of any State law, and to assess the amount and to accept and approve said bond for their appearance to answer to any charge preferred against them that is in violation of the laws of this State. Mayor pro tem. SEC. 14. Be it further enacted, That the mayor and aldermen of the town of Kingwood shall receive such compensation for their services as may be fixed by their predecessors in office, which shall not be changed during their term of office, provided, however, that the mayor and aldermen herein designated, shall receive for the discharge of the duties of their office such compensation as they, or a majority of them, shall fix at some regular meeting of their body, which compensation, all told, shall not exceed fifty ($50.00) dollars for said mayor, and twenty ($20.00) dollars each as salary for each of said aldermen. Salaries. SEC. 15. Be it further enacted, That the mayor and aldermen of the town of Kingwood shall have power to levy and collect an ad valorem tax on all property in said town, the same not to exceed twenty-five cents for the hundred dollars of any one year, and that at the first meeting of the mayor and aldermen of the town of Kingwood after this Act shall have gone into effect, they shall elect a mayor pro tem., who shall be selected from their body and preside in the absence of said mayor, and in the absence of both the mayor and the mayor pro tem. either of the said aldermen shall act as mayor of the town of Kingwood. Ad valorem tax. SEC. 16. Be it further enacted, That the mayor and aldermen of the town of Kingwood shall have the power and authority to provide by ordinance when the taxes of said town shall fall due; in what length of time said taxes shall be paid, when tax executions shall be issued

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against defaulters, and to fix the penalty for the non-payment of taxes when due. Tax, when due. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1908. KINGWOOD, TOWN OF, ACT INCORPORATING REPEALED. No. 392. An Act to repeal an Act incorporating the town of Kingwood, in the county of Colquitt, State of Georgia, approved August 13, 1903. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled, An Act to incorporate the town of Kingwood, in the county of Colquitt and State of Georgia; to define the corporate limits of said town; to provide for the election of a mayor and six aldermen, and other town officers for the government thereof; to confer certain powers on the municipal authorities of said town, and to provide penalties for the violation of any and all municipal ordinances which may be passed by said mayor and aldermen, and for other purposes, approved August 13, 1903, and all Acts amendatory thereto be, and the same is, hereby repealed. Kingwood, town of, charter repealed. 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. Approved August 11, 1908.

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KINGSLAND, CITY OF, INCORPORATED. No. 352. An Act to incorporate the city of Kingsland, in county of Camden, State of Georgia, to define its limits and define its municipal powers and privileges, and for other purposes. SECTION 1. The General Assembly of Georgia do enact, That the city of Kingsland, in county of Camden, be and the same is, hereby incorporated, and that the corporate limits shall extend one-half mile in all directions from the Seaboard Air Line R. R. depot. Kingsland, city of, incorporated. SEC. 2. That the government of said city shall be vested in a mayor and four councilmen, and that W. H. King be, and he is hereby appointed mayor of said city, and John W. Sheffield, C. Swanson, C. T. Proctor and W. G. Patterson be, and are hereby appointed councilmen of said city, to hold their offices until the first election of mayor and councilmen, on the first Wednesday in January after the passage of this Act, and until their successors are elected and qualified, as hereinafter provided for; and that on the first Wednesday in January, 1909, annually thereafter, elections of mayor and four councilmen shall be held, who shall hold their offices for one year, and until their successors shall be elected and qualified. All persons residing within the corporate limits, who shall have resided therein six months immediately preceding the day of election, and who are entitled and qualified, under the laws of the State, to vote for members of the General Assembly, shall be qualified voters, and entitled to vote in said election, which shall be conducted as elections for members of the General Assembly; and the certificates of the managers recorded on the records of said town, shall be sufficient authority for the persons receiving the biggest number of votes, to

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enter upon the discharge of their duties, after taking and subscribing the following oath (which oath may be administered by any officer authorized by the Code of Georgia to administer oaths): I do solemnly swear or affirm that I will faithfully discharge all duties incumbent upon me as mayor, councilmen or other officers of the city of Kingsland, according to the best of my ability, so help me God. Said oath, with the certificate of the officer administering same, shall be filed with the officer entrusted with the records of said city. Mayor and councilmen appointed. Election of successors. SEC. 3. That said corporation may have and use a common seal, shall be capable of taking, purchasing, holding and selling property, real or personal, for any municipal purposes, and that by that name may contract, and be contracted with, may sue and be sued. Said mayor and council shall have all power necessary to pass ordinances not in conflict with the Constitution and laws of said State; for the maintenance of good order, and for the suppression of disorder or vice of any kind whatever in said city, and for the proper police protection of the citizens of the city and government of same, to support a marshal and such other police and city officers as may be necessary, and to remove them at any time for cause. That all males between the ages of sixteen and fifty (16 years and 50 years) years, shall pay a street tax of three dollars ($3) per annum, and that said person taxed shall be given the privilege of working said tax out on the streets of Kingsland at the price of fifty (50c.) cents per day. Corporate powers. SEC. 4. That said mayor and council shall have power to establish a mayor's court for the trial and punishment of offenders against the ordinances of the city, the punishment being limited to a fine not exceeding ($50) fifty dollars, or imprisonment not exceeding thirty days, or to work upon the streets or public works of said city for any length of time, not to exceed thirty days, at the discretion of the mayor, whenever the laws, rules or

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orders of the council or the ordinances of said city have been violated. Mayor's court. SEC. 5. That the mayor shall have full power to issue warrants for any offense against the laws of said State committed, within limits of said city, and shall have power to compel the attendance of witnesses, and to examine them under oath; and to admit any offender to bail, as provided by law, or to commit him to jail for violations of the laws of this State, and to admit to bail, or commit to the guard-house for the violations of the ordinances of said city. Arrests, etc. SEC. 6. That the mayor and council shall have power to tax all shows, auctioneers, sleight-of-hand performers and gift enterprises in said city as they may deem just and proper. Special taxes. SEC. 7. That the mayor and council shall have power to prescribe fire limits in said city and prescribe the plan of building and kind of material of building said houses in said fire limits. Fire liimts. SEC. 8. That the mayor and council shall have power to tax all property, real and personal, for public school purposes. School tax. SEC. 9. That the mayor and council shall have power and authority to do any and all things that are usually done by corporations of like character in this State, which are not contrary to the laws and Constitution of this State or the U. S. A., or in conflict with this Act. General welfare. SEC. 10. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1908.

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KIRKWOOD, CHARTER AMENDED. No. 514. An act to amend the charter of Kirkwood, in DeKalb county, so as to include within the corporate limits of said town that part of the territory now within the limits of the town of Edgewood, which lies south and southeast of the north and northwest line of the right-of-way of the Georgia Railway Electric Light Company, known as the South Decatur line; also to continue from the limits of Edgewood two hundred feet, south of Boulevard DeKalb on the right-of-way of the Georgia Railway Electric line due south to the center of Fair street, and east from said center of said street, to the east side of Clay street. And also, to extend the western limits of Kirkwood, between the bridge on said right-of-way of the Georgia Railway Electric Company, and right-of-way of the Georgia Railroad Company to the center of said Clay street, and for other purposes. 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 from and after the passage of this Act, that an Act entitled An Act to amend the charter of the town of Kirkwood, in DeKalb county, shall be as follows: The corporate limits of said town of Kirkwood shall be extended, beginning at a point on the western limits of Kirkwood on the north side of the right-of-way of the Georgia Railway Electric Company, where the western limits of said town intersect said right-of-way, near the bridge on said right-of-way, and extending along the same side of said right-of-way twenty-one hundred (2134) and thirty-four feet, to a point two hundred (200) feet south of the Boulevard DeKalb and the southern limits of the town of Edgewood; and from thence due south nineteen hundred

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(1900) feet, to the center of Fair street eighteen and five-tenths (18 5/10) feet from the southwest corner of Child's residence; and from that point due east along the center of Fair street twelve hundred and twenty-three (1223) feet, to the present southwest limits of Kirkwood; and thence due north along the western limits of Clay street twenty-eight hundred and forty-six (2846) feet to the beginning point; and from this beginning point to further extend the western limits of Kirkwood between the bridge on said right-of-way of the Georgia Railway Electric Company and the right-of-way of the Georgia Railroad Company to the center of Clay street, eighteen hundred and two (1802) feet. Kirkwood, corporate limits. 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. Approved August 14, 1908. KIRKWOOD, CHARTER AMENDED. No. 383. An Act to amend the charter of the town of Kirkwood, DeKalb county, Georgia, so as to authorize the mayor and council of said town to grade, pave and otherwise improve the streets and sidewalks of said town, and to authorize said body to assess and collect two-thirds of cost of said improvement out of real estate fronting on said streets so improved. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the town of Kirkwood shall have full power and authority in their discretion, to grade, pave or macadamize and

Page 820

otherwise improve for travel and drainage, the streets and public lanes and alleys of said town, and to construct sidewalks and pave the same, to put down curbing, cross drains, crossings and otherwise improve the same Kirkwood streets, etc. SEC. 2. That, in order to fully carry into effect the authority above delegated, said mayor and council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same, on real estate abutting on the street and on the side of the street on which the sidewalk is so improved. Assessments for street improvements. SEC. 3. That said mayor and council shall also have full power and authority to assess one-third of the grading, paving, constructing side drains, cross drains, crossings, and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved; provided, that before any street or portion of a street shall be so improved, the person or persons owning real estate which has at least two-thirds of the frontage on the street or portion of a street, the improvement of which is desired, shall in writing request the mayor and council to make such improvements. After an estimate of the work to be done has been submitted and accepted by the property owners on said street to be improved, the said mayor and council shall, by ordinance, order and direct said work to be done. And provided further, that any street railroad company having tracks running through the streets of said town shall be required to pave or macadamize, as the mayor and council may direct, the width of its track and for three feet on each side of every line of track now in use, or that may hereafter be constructed by said company. SEC. 4. Said mayor and council shall have full power and authority to adopt by ordinance, such a system of equalizing assessments on real estate for the above purposes as may be just and proper, estimating the total cost of such improvement made and prorating the cost

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thereof of the real estate according to its frontage on the street or portion of street so improved. It shall be wholly discretionary with the mayor and council, whether any work asked for is desirable or necessary, and shall be done or not, and no application shall be considered unless two-thirds of the property owners made petition for said improvements on said streets. Equalization. SEC. 5. The amount of assessment on each piece of real estate shall be a lien on said real estate, and said lien is in force from the day of the passage of an ordinance providing for the work and making the assessments. Liens for assessments. SEC. 6. The mayor and council of said town shall have full authority to enforce the collection of the amount of any assessment so made for work on either sidewalks or streets by execution, to be issued by the recorder of council against the real estate so assessed and against the owner thereof after the date of the ordinance making the assessment, which execution may be levied by the marshal of said town on such real estate, and after advertisement and other proceedings, as in cases of sales for town taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser. Provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the superior court of DeKalb county and there tried and the issue determined, as in all cases of illegailtysubject to all the pains and penalties provided in cases of illegality for delay. Collection of assessments. SEC. 7. Said mayor and council shall have full power and authority to pass such ordinances as may be necessary

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and proper to carry the provisions of this Act into effect, and all laws and parts of laws in conflict with the above Act are hereby repealed. Corporate powers. Approved August 11, 1908. LAVONIA, CITY OF, INCORPORATED. No. 330. An Act incorporate the city of Lavonia, in the county of Franklin, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city of Lavonia, in the county of Franklin, be, and the same is, hereby incorporated, under the name and style of the city of Lavonia, and by that name may have perpetual succession, may have and use a common seal, may sue and be sued, may implead and be impleaded in any court of law or equity in the State, may purchase, have, hold, receive and retain any estate or estates, real or personal, of whatever kind or nature, within or without the incorporate limits thereof, and may sell or otherwise dispose of the same for the benefit of said city as they may see fit and proper, the mayor by direction of the city council, making deed to any property sold or disposed of by said city. Said city shall be, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, easements and hereditaments now belonging or in any wise appertaining to the town of Lavonia, under its corporate name, to-wit: The Mayor of the Town of Lavonia, shall be, and are, hereby vested in the city of Lavonia, created by this Act. Lavonia, city of, incorporated.

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SEC. 2. Be it further enacted by the authority aforesaid, That the central point of said city shall be the central point of the old freight depot of the Southern Railway. Central point. SEC. 3. Be it further enacted by the authority aforesaid, That the territorial limits of said city shall embrace and include all the territory within one and onehalf (1) miles from said central point. Corporate limits. SEC. 4. Be it further enacted by the authority aforesaid, That the government of said city shall be vested in a mayor and four councilmen. The present mayor and councilmen of the town of Lavonia shall continue in office until the first day in January, 1909, and until their successors are elected and qualified; and they and their successors and associates shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of the city of Lavonia, created by this Act. Mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That the chief executive officer of the city shall be the mayor, who shall be a qualified elector, a resident of the city for twelve months prior to his election, and who shall serve for one year, or until his successor be elected and qualified. Mayor. SEC. 6. Be it further enacted by the authority aforesaid, That on the third Wednesday in December next, there shall be elected a mayor, whose term of office shall be one year, or until his successor is elected and qualified, and four councilmen, two of whom shall be elected for a term of one year, and two for a term of two years; each of said councilmen shall hold office until his successor is elected and qualified. On the third Wednesday in December each year thereafter, there shall be elected a mayor and two councilmen, the mayor to serve one year, or until his successor is elected and qualified, and the two councilmen to serve two years, or until their successors are elected and qualified, to fill vacancies occurring

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every year by expiration of terms; each officer so elected and qualified shall enter upon the duties of their respective offices on the first day of January following said election. At the first regular meeting of the mayor and council, after their election and qualification, they shall elect one of their number mayor pro tem., whose office shall terminate at the expiration of the year in which he is elected. In the event the office of mayor or any one or more of said council shall become vacant, for any cause whatever the remaining members of the council shall fill said vacancy for the unexpired term, by appointment. Election of mayor and councilmen. SEC. 7. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter, and all elections in which any question or subject is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace and two freeholders, and each of said managers before entering on his duties shall take and subscribe before some officer authorized by law to administer oaths, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power; so help us, God. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held in the law-house provided by the city of Lavonia for the 206th Dist., G. M., and the voting shall be by ballot. The polls shall open at 8 o'clock a. m., and close at 4 o'clock p. m. Persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council, who shall pay for same by an order on the city treasurer. Election managers. SEC. 8. Be it further enacted by the authority aforesaid, That the said managers shall certify two lists of voters and two tally sheets, and place the same, together

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with the ballots, in a sealed package, together with a certificate showing the result of the election, signed by said managers, and deliver them forthwith to the mayor, who, with the council, shall open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said city is contested, notice of the contest shall be filed with the clerk of the retiring council within two days after such election, setting forth all the grounds of contest, and upon the payment of $10.00 in advance to said clerk within two days, said clerk shall cause a copy of said notice to be served by the marshal on the contestee, if said contest is for an office, and if the result in any election in which any question is submitted is contested, then said clerk shall cause notice served on the mayor of said city, and published one time in some newspaper in said city. Said mayor shall fix the time for hearing such contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before hearing. The contestor shall pay the marshal $2.00 in advance for serving the said notice. The mayor and council are authorized to hear and determine the contest, and the losing party shall pay all costs, for which said mayor and council are authorized to render judgment, and said clerk to issue execution thereon, which shall bear test in the name of the mayor, and be signed by the said clerk. Lists of voters and contested elections. SEC. 9. Be it further enacted, That all persons being qualified to vote for members of the General Assembly of this State, and who have paid all taxes due said city, and who have resided in said city six months prior to the election at which they offer to vote, shall be qualified to vote at any election provided for in this charter. Voters. SEC. 10. Be it further enacted, That on the first day of January following each election the persons elected

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for offices of mayor and councilmen, or either, shall take and subscribe before some judicial officer or the mayor of said city then in office, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) of the city of Lavonia, to the best of my skill and ability, and as it shall seem to me the best interest and welfare of said city, without fear, favor or affection; so help me, God. And they shall forthwith enter upon the discharge of the duties of their respective offices. Oath of mayor and councilmen. SEC. 11. Be it further enacted, That the mayor and mayor pro tem. while acting as mayor, shall not have the right to vote upon any question before the council except in case of a tie, but said mayor or mayor pro tem. shall have the right to veto any resolution or ordinance adopted or enacted by the council which veto must be filed with the clerk in writing, together with his reasons therefor, within three days after their action thereon, and be entered of record on the minutes of the council; and said measure shall not be effectual unless passed over said veto by a vote of three of the four councilmen at the first regular meeting of council after said veto, and not thereafter; provided, however, that within two days after said veto power is exercised the mayor or mayor pro tem., as the case may be, may call a special meeting of the council, and if the councilmen, or all of them, save one, be present, they may, in their discretion, then and there act on said measure vetoed. Mayor, powers of. SEC. 12. Be it further enacted, That the mayor and each councilman shall be ex-officio a justice of the peace within said city for the purpose of issuing warrants for offenses committed within the city, and binding and committing the offenders to appear in any court having jurisdiction of such offenses. Arrests. SEC. 13. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held

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by the mayor as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of the mayor and mayor pro tem. any one of the council chosen by the council, may hold said court. Said court shall have power to preserve order and to punish for contempt by imprisonment, not exceeding thirty days, in the city lockup, or by a fine not exceeding $25.00; said fine may be collected by execution, to be issued by the clerk against the estate of the offender, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or public works of the city. Said mayor's court shall have power to impose the following penalties for the violation in any place in said city, public or private, of any ordinance of the city passed in accordance with its charter; that is to say, by a fine not exceeding one hundred dollars, imprisonment in the city lockup not exceeding sixty days, work on the street chaingang or other public or private works, under the supervision of the chief of police or the marshals of said city, not exceeding sixty days, one or more, or all of these, at the discretion of the trial court. Mayor's court. SEC. 14. Be it further enacted, That the mayor and council of said city shall have power and authority to establish a chaingang, to be worked upon the streets or at such other places in said city as said mayor and council may direct, and to pass all ordinances and to adopt such rules and regulations as are necessary for the maintenance and regulation of the same, and may provide by ordinance for the punishment of escapes in the same manner as for violations of the ordinances under which such person or persons escaping were convicted. Chaingang. SEC. 15. Be it further enacted, That it shall be lawful for the marshal, or any marshals of said city, to arrest without warrant any and all persons within the corporate limits of said city who are then violating, or who have violated within the limits of said city, any of the

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ordinances of said city, and to hold said persons so arrested, until a proper hearing of the matter can be had; and to this end said arresting officers are authorized to imprison and to confine any person arrested by them in the city lockup for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. Arrests. SEC. 16. Be it further enacted, That the mayor or those holding the mayor's court in his stead, shall have power and authority to subp[oelig]na witnesses, within and without the limits of said city, to attend the mayor's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness who has been subp[oelig]naed and failed to attend, under the provision for contempts already provided for in this charter. Punitive powers of mayor's court. SEC. 17. Be it further enacted, That said mayor and council shall have powers to pass all such ordinances, by-laws, orders, rules and regulations as may, in their discretion, be necessary to enforce all the laws of the State of Georgia applicable to municipal corporations, and which laws, in so far as they are not in conflict with this Act, are made a part hereof, and to provide penalties for their violation. They shall have power and authority to open, close, lay off, alter in grade or course, vacate, curb and pave and keep in good order and repair all streets, alleys, sidewalks, cross-ways, roads, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; and to regulate the width of sidewalks on the streets, and to order the sidewalks, foot-ways, cross-walks, drains and gutters to be drained and paved and kept in good order and repair, free and clean, by the owners and occupants thereof, or the owners and occupants of the

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real property next adjacent thereto; to establish and regulate markets; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep and other animals and fowls of all kinds from going at large in said city; to protect places of divine worship in and about the premises where held; to abate or cause to be abated, anything which, in the opinion of the mayor and council shall be a nuisance; to regulate the keeping of gun-powder and other explosives and combustibles; to abate, or cause to be abated, nuisances in the form of lewd or bawdy houses, or houses suspected of being such, and places keeping or suspected of keeping for unlawful sale any liquors, wines, beers or other intoxicating or alcoholic drinks, by whatever name or names the same may be called; to provide in or near said city places for the burial of the dead, and to regulate interment therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations against danger by fire, and to provide limits in which no non-fireproof building shall be erected or repaired; to protect the property and persons of the citizens of said city, and to preserve peace and good order therein; and for this purpose the said mayor or mayor pro tem. shall appoint, when necessary, a police force to assist the marshal or chief of police in the discharge of his duties; to prescribe the powers and define the duties of all the officers appointed or elected by the mayor and council; fix their terms of office and compensations; require and take from them bonds, when necessary, payable to the city of Lavonia, in its corporate name, with such security and such penalty as the mayor and council may see fit, conditioned upon the faithful discharge of their duties; to erect or authorize or prohibit the erection of waterworks in said city; to prevent injury to or pollution of the same, or to the same, or to the water or

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healthfulness of said city; to make such rules and regulations as they may deem proper regulating the running of locomotives or cars, whether run by steam, gasoline, electricity or other power; to regulate and provide for the weighing of hay, coal, cottonseed and other articles sold, or for sale in said city, and to provide a revenue for said city, and to appropriate the same to the expense of said city; to issue bonds, as hereinafter provided for; to pass all laws, ordinances and regulations deemed necessary for the protection of the inhabitants of said city against smallpox or other contagious diseases; to take whatever steps as in the opinion of the said mayor and council necessary to guarantee good sanitary conditions in said city. Corporate powers. SEC. 18. Be it further enacted, That the mayor and council of said city shall have full power and authority to license and regulate and control by ordinance all taverns, hotels, restaurants, cafes, boarding houses, saloons for the sale of ices, creams, etc., founts and stands for the sale of hot and cold drinks, livery stables, feed stables, sale stables and lots, hacks, drays and other vehicles, including automobiles, vender masters, auctioneers, itinerant traders, theatres and theatrical performances, except performances by local amateurs, oil mills, ice works, bottling works, laundries, pressing clubs, waterworks, shows, circuses and exhibitions of every kind, itinerant lightning-rod dealers, emigrant agents, peddlers of stoves, clocks, machines or any other article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public use, every keeper of a shooting gallery, tenpin alley, upon the keeper of any table, stand or place for the performance of any game or play, whether played with sticks, balls, rings, disks, plates, upon flying horses or other contrivance whatsoever; insurance agents, life, fire, accident, live stock and other insurance companies, loan

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agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds and dealers in futures, keepers of slaughter-houses, beef markets, green grocers, dealers in fish or oysters, vegetables, fruits, breads and other articles of food; keepers of skating rinks, contractors and builders, and all mechanics or artisans; barber shops, photograph galleries, jewelers, opticians, either local or itinerant; upon all non-resident persons taking or soliciting orders for any article of merchandise of any kind at retail; upon all manufactories, ginneries, flour mills, sawmills, lumber dealers and dealers in any kind of building material, undertakers, pawnbrokers, junk and old iron and metal dealers; and upon all and every other establishment, business, profession, calling, trade or avocation not heretofore mentioned, and which under the Constitution and laws of Georgia, are subject to license and specific tax. The mayor and council of said city may demand payment of any and all licenses or specific taxes authorized by this Act or the laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession, calling in said city, for which a license is required. Should any person engage or continue in any business, trade, profession or calling, for which a specific tax or license is required by said city by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said city, he shall be liable to prosecution in the mayor's court, and may be fined or imprisoned in the discretion of the court. The provisions of this Section shall apply to all persons, whether artificial or natural. Corporate powers. SEC. 19. Be it further enacted, That the mayor and council of said city shall have full and complete control of the streets, sidewalks, alleys, roads, ways and other public places in said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening

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and grading or in any change of the street lines and sidewalks of said city, and when the mayor and council of said city shall desire to exercise the power and authority granted in this Section, it may be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, in the manner provided by Sections 4657-4685, inclusive, of Volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and council shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, posts or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this Section by appropriate ordinance. Streets, etc. SEC. 20. Be it further enacted, That the said mayor and council shall have power and authority to require from all male inhabitants in said city, who by the laws of the State are subject to be worked on the public roads, to work such length of time on the streets of said city as mayor and council shall direct by ordinance, in no case to exceed fifteen days in one year. Said persons so subject to be worked on the streets shall have the right to relieve themselves of said work by paying tax, which said mayor and council shall fix by ordinance; said tax, however, shall in no event exceed five dollars for one year. Said work to be done and said tax to be paid at such times as the mayor and council shall direct. Any person subject to work on said streets, who shall fail to work or to pay said taxes when notified, shall be punished in the mayor's court as mayor and council may by ordinance prescribe. Street work or commutation tax. SEC. 21. Be it further enacted, That the mayor and council shall have full authority to pass and enforce ordinances and regulations preventing idleness and loafing on the streets within the corporate limits of said city, and to prescribe penalty for the violation thereof. Vagrancy.

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SEC. 22. Be it further enacted, That said mayor and council shall and may enact any and all ordinances, rules and regulations necessary to lay out a fire district in the city of Lavonia, and enlarge, change or modify its limits from time to time; to prescribe when and how and of what material buildings in said limits may be erected or covered; how thick the walls must be, the manner in which the chimneys, stove-pipes and flues shall be constructed; to change all things that they may deem necessary to protect said city so far as possible from danger from fire, and to prevent conflagration. They also have power and authority to order any changes in the construction or arrangement of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to be so, and make the owner or occupant pay the expenses of the change, as they may elect, and which may be collected by execution as taxes are now collected; and if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said city, said mayor and council may order such buildings removed; and if such person, firm or corporation shall not remove such buildings after notice to do so, then said mayor and council shall have power and authority to remove the same at the expense of the owner; which expense may be collected by execution. Fire limits. SEC. 23. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government, the mayor and council of said city of Lavonia shall have full power and authority and shall prescribe by ordinances for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, to defray the ordinary annual expenses of the city government, said tax not to exceed one-half of one per cent. per annum. Ad valorem tax.

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SEC. 24. Be it further enacted, That the city council of said city shall have full power and authority to provide the manner of giving in taxes in said city, to appoint three citizens of said city, who are freeholders thereof, as tax assessors of said city, whose duty it shall be to place a just, fair and equitable valuation on the property within the corporate limits of said city subject to city taxes, whether given in for taxes by the owners of property themselves or not, to equalize and adjust the tax returns of all owners of property within said city; the said board of assessors to give to any citizen or property owner an opportunity to appear before them and make objection to the valuation placed by them upon any piece of property, and, if in the judgment of said assessors the valuation first fixed be too high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, or had notice to appear before them, shall be final. Publication in any newspaper published in said city ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this Section. Tax assessors. SEC. 25. Be it further enacted, That at the first regular meeting of the mayor and council, which shall be held after their election and qualification, they shall clect a city clerk or treasurer, which offices may be consolidated; a marshal, who may be chief of police, and as many policemen as in the judgment of the said mayor and council shall be necessary; a city attorney, and such other officers as the mayor and council may deem necessary in the government of said city. Each of said officers shall take such oaths and give such bond as the mayor and council may prescribe by ordinance, all bonds being made payable to the city of Lavonia. Said mayor and council shall have power and authority to suspend or remove such officers from office or to impose fines on said officers in their discretion. Officers.

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SEC. 26. Be it further enacted, That the city clerk shall be a practical bookkeeper, and shall keep an accurate set of books for said city, and furnish when required by said mayor and council a report of the financial condition of the said city of Lavonia. He shall keep the minutes of the sessions of council, all papers and records of the city appertaining to his office, and in addition shall perform all such other duties as are usually incident to his office. Clerk, duties, etc. SEC. 27. Be it further enacted, That the city treasurer shall receive all moneys belonging to said city, including all taxes, fines and evidences of indebtedness, and keep an accurate account thereof in such manner as the mayor and council shall direct. He shall keep all money in his hands belonging to the city separate and distinct from his own money, and he is expressly prohibited from using, directly or indirectly, the corporation money in his custody, either for himself or for any other person. Violation of this provision shall be punished by expulsion from office. Treasurer, duties, etc. SEC. 28. Be it further enacted, That the city attorney shall perform all the professional services incident to his office, and when required shall represent the city in any case in any court of law or equity in this State. It shall be his duty to furnish an opinion upon any subject submitted to him by the city council, the mayor or a committee from the council. City attorney, duties. SEC. 29. Be it further enacted, That the chief of police and marshals shall perform such duties as are incident to their offices, and shall preserve the peace and good order of said city, according to the laws of said State and the ordinances of said city, and in the pursuit of any offender against the laws of this State or the ordinances of the city of Lavonia, they or any of them, may enter any building, either public or private, and where admission is refused it shall be lawful for said officers

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to break and enter said buildings for the purpose of making said arrest. Marshal and police. SEC. 30. Be it further enacted, That any person convicted in the mayor's court of the city of Lavonia for any violation of the laws or ordinances of said city may enter an appeal from the judgment of said court to the council of said city, provided the appeal be entered within twenty-four hours after the judgment is pronounced, and provided all costs are first paid and bond given to abide the final judgment in the case. The council of said city, on the hearing of any appeal case, shall have the power to increase or decrease the fine imposed in the mayor's court as they may think right and proper. Any person convicted by the council on appeal, may, by giving notice of his intention to certiorari, suspend the judgment, and may be released from custody at once upon giving bond with security, in such sum as may be fixed by the mayor for his appearance to abide the final judgment, and the proceedings thereafter shall be as prescribed by the general laws of this State. Appeals from mayor's court. Certiorari from mayor's court. SEC. 31. Be it further enacted, That the mayor of said city shall receive a salary of one hundred dollars per year, but shall receive no perquisites or other compensation for his services, and each councilman shall receive a salary of twenty dollars per year as full compensation for his services. All other officers and employees shall be paid in accordance with contracts made with said mayor and council. Salaries. SEC. 32. Be it further enacted, That the said mayor and council shall each year appoint three fit and proper persons who shall constitute the board of health of said city. It shall be the duty of said board to meet as often as may be necessary and report to the mayor and council any and all nuisances which are likely to endanger the health of said city, and the said mayor and council shall have power, upon the report of said board of health, to cause any such nuisance to be abated, and the

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recommendation to be carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or the owner of the premises, or both, as the mayor and council may elect. All expenditures under this Section may be collected by execution in the same manner as are other executions issued in favor of said city. Board of health. SEC. 33. Be it further enacted, That the mayor and city council of the city of Lavonia shall call an election for the purpose of voting on the issuance of bonds to be issued for the purpose of purchasing a lot or lots for the erection of public school or schools thereon, and for the erection of public school buildings, and they are hereby authorized and empowered to order an election, and if said election shall result in favor of the issuance of bonds, they are authorized to issue the same. Said mayor and council are authorized to purchase, lease, contract and convey any and all property that it may acquire, and do any and all things that may expedite the system of public schools for the city of Lavonia. School bonds. SEC. 34. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 30, 1908. LAVONIA, PUBLIC SCHOOLS. No. 358. An Act to authorize the city of Lavonia, in Franklin county, Georgia, to establish and maintain a system of public schools for said city; to provide for a board of education and to define their powers and duties;

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to empower the mayor and council of said city to levy, assess and collect tax for the support of said school; to require the pro rata share of said city in the State school fund to be turned over to said board of education; to provide for school buildings for said public schools, and for the maintenance of the same; to provide for the ratification of this Act by the qualified voters of said city at an election to be held for that purpose, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act, there shall be established in the city of Lavonia, Franklin county, Georgia, a system of public schools, to be established, conducted, maintained, supported and provided for in the manner prescribed in this Act, under the name and style of the Lavonia Institute. Lavonia, public schools. SEC. 2. Be it further enacted by the authority aforesaid, That the Lavonia Institute shall consist of two divisions, under one general management, one to be known as the white division and the other the colored division of said Institute, for the education of white and colored children of said city in separate schools. Lavonia Institute. SEC. 3. Be it further enacted, That S. B. Yow, R. T. Poole, W. C. Mason, W. W. Cernog and O. D. Cannon be, and they are hereby created a board of education for said city of Lavonia, their term of office to begin the first Monday in August after the passage of this Act. They shall hold their offices until their successors are elected and qualified. They shall settle by lot their respective terms of office, which shall be for one, two, three, etc. years, so that there shall be but one member elected each year, which election shall be by the mayor and council of said city at next meeting preceding the first Monday in August, and such an election shall be for a term of five years. At same time said mayor and council shall fill all vacancies and unexpired terms.

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None but qualified voters of said city shall be eligible to membership upon said board. A majority of said board shall constitute a quorum for the transaction of all business. Board of education. SEC. 4. Be it further enacted, That the board of education provided for as aforesaid, and their successors in office, shall constitute a body corporate under the name and style of the board of education of Lavonia, and shall be invested with all the corporate power incident to such corporations under the laws of Georgia, shall have and use a common seal, and shall have power to have, hold, receive, enjoy, retain and possess to themselves and to their successors in office, for school purposes by gift, endowment, purchase or otherwise, any estate or estates, real or personal, of whatsoever nature or description, and shall by said name be capable of suing and being sued in any court of law or equity of this State. Board of education incorporated. SEC. 5. Be it further enacted, That the board, when it has organized by electing a president, secretary and treasurer, shall be, and is hereby invested with all power necessary to the complete establishment, management, control and operation of the schools mentioned under this Act, and to that end they are authorized to adopt such by-laws, rules and regulations as to them shall seem necessary. They shall fix the scholastic term of the school, elect annually a superintendent and teachers, and pay salaries to same, shall prescribe the course of study, and select text-books for use therein. Powers of board. SEC. 6. Be it further enacted, That said board of education shall cause minutes to be made and kept of all their acts and doings, shall keep or cause to be kept a just and true account of all money and property received by said board or paid out by them, showing from whom received, and to whom and for what purpose paid, and render an itemized statement of such receipts and expenditures annually to the mayor and council of said

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city at their regular meeting next preceding the first Monday in July. Duties of board. SEC. 7. Be it further enacted, That for the educational purposes required by this Act, the mayor and council are hereby authorized to levy and collect a tax on all property in said city of Lavonia not to exceed one-fourth of one per cent. on the regular assessed value of said property, in addition to that raised for ordinary current expenses. Said amount of school tax when collected shall be kept separate from all other funds, and paid over to the board of education to be used for school purposes. School tax. SEC. 8. Be it further enacted, That Section 7 of this Act shall not become operative until ratified by two-thirds majority of persons voting at an election to be called under the provisions of this Act. Election for school tax. SEC. 9. Be it further enacted, That the board of education of Lavonia is hereby empowered from time to time, in their discretion, to order an election to be held for the purpose of submitting for ratification or rejection of Section 7 to the qualified voters of said city, until the same shall have been ratified; provided, however, that no subsequent election shall be held within less than six months of a previous election held for said purpose. Said election shall be held at the usual voting place for the 206th Dist. G. M. Subsequent elections. SEC. 10. Be it further enacted, That the questions submitted at such election shall be For Taxation, or Against Taxation. The result of said election shall be declared by a certificate of the managers thereof. If two-thirds majority of persons voting at such an election shall vote For Taxation, the foregoing Section shall be declared ratified, and of full force and effect; if less than two-thirds majority of those voting at such election shall vote For Taxation, the foregoing Section shall be declared rejected. Thirty days' notice of such

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election shall be given by publication, one or more times, in some public gazette of the city of Lavonia, by order of the board of education. Ballots. SEC. 11. Be it further enacted, That the county school board of education shall pay over to the board of education of Lavonia the State school fund as apportioned by the said county board of education. Pro rata share of county school fund. SEC. 12. Be it further enacted, That the board of education of Lavonia shall contract with the boards of education of Franklin and Hart counties for such pupils as live without said city and who attend said school from the respective counties. Non-resident pupils. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1908. LEON, TOWN OF, INCORPORATED. No. 546. An Act to incorporate the town of Leon, in Dodge county, to define its limits, to provide a mayor and councilmen and other officers for said town, to prescribe their duties and powers, to prepare for the municipal government, jurisdiction, authority, concern and cognizance of said town, and for other purposes. SECTION 1. Be it enacted by the senate and house of representatives in General Assembly met, That the municipal government of the town of Leon shall consist of a mayor and four aldermen, who are hereby constituted a body corporate, under the name and style of

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the mayor and council of the town of Leon, and by that name and style shall have perpetual succession, and shall by the said name be capable to sue and be sued in any court of law or equity in the State, plead and be impleaded, and do all other Acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors for the use and benefit of the said town of Leon, in perpetuity or for any term of years, any estate, real or personal, lands and tenements of what kind or nature soever within the limits of said town; and to sell, alien, exchange or lease the same, or any part thereof, or convey the same, or any part thereof, in any way whatever. Leon, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Leon shall extend three-fourths of a mile in every direction from the depot of the orginally D. S. W., now Wrightsville Tennille railroad, located in said town. Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, That the corporate powers of said town shall be vested in a mayor and four aldermen, who shall be elected on the first Saturday in January, ten days' notice having been given, and on the same day in every January thereafter, and that said mayor and aldermen shall hold their offices for one year, or until their successors are elected and qualified; and all citizens who shall be entitled to vote for members of the General Assembly, and who have resided in said corporation three months previous to said election, shall be entitled to vote for said mayor and aldermen; provided, no person who is not a resident citizen within the said corporation shall be eligible to the office of mayor or alderman in said town; and provided, that for the purpose of temporary organization, there shall be an election for mayor and aldermen of said town on the first Monday in December, 1908. Mayor and aldermen.

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SEC. 4. Be it further enacted by the authority aforesaid, That any two citizens, who may be freeholders in said town, being first sworn to hold said election properly and faithfully, may preside over said election, neither of whom being a candidate; and the person receiving the highest number of votes shall be declared to be duly elected, and the managers shall give their certificates to such persons as shall be thus elected. Election managers. SEC. 5. Be it further enacted by the authority aforesaid, That the said mayor and aldermen, before they enter upon the duties of their respective offices, shall, before the ordinary or a justice of the peace, clerk of the superior court or commissioned notary public, take and subscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of mayor (or alderman) of the town of Leon during my continuance in office; so help me, God. Oath of mayor and aldermen. SEC. 6. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall, at their first annual meeting, after being qualified, proceed to ballot to elect a marshal (and, if they deem necessary, a deputy marshal), clerk of council and treasurer, each of whom, unless removed, shall remain in office until a new election for and qualification of mayor and aldermen, and that said mayor and aldermen shall have full power to remove from office, or to punish by fine, not exceeding fifty dollars, any officer elected by them, for any neglect, malpractice in or abuse of said office. Town officers. SEC. 7. Be it further enacted by the authority aforesaid, That in case the mayor or any alderman, while in office shall be guilty of any wilful neglect or malpractice in, or abuse of, said office, he or they shall be liable to be indicted before the superior court of Dodge county, and on conviction thereof, shall be fined in a sum not exceeding five hundred dollars for each and every

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offense, and moreover, be removed from office, which fine or fines shall be paid over to the town treasurer for the use of said town. Malpractice or neglect of duty. SEC. 8. Be it further enacted by the authority aforesaid, That all males over the age of sixteen years and under the age of fifty, who may have resided in said town ten days, shall be subject to work the streets according to the road laws now of force in this State, or to be taxed therefor after opportunity offered so to work, as the town council may determine as a commutation for such duty, not to exceed two dollars per day. Street work or commutation tax. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power to fix and regulate the salaries of each and every officer they may elect, which salary shall not be increased or diminished during continuance in office. Salaries. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tempore and any two aldermen shall form a quorum for the transaction of business, and the mayor or mayor pro tempore shall have the casting vote, and a majority of all the votes shall determine all questions and elections before the council, and the mayor and each alderman shall be, to all intents and purposes, a justice of the peace, so far as to enable them or any of them to issue warrants for offenses committed within the corporate limits of said town, which warrant shall be executed by the marshal or deputy marshal, and to commit to the county jail of Dodge, county, or to admit to bail, according to law, offenders for their appearance before the superior court thereafter, for the county of Dodge, to await his, her or their trial; and it shall be the duty of the jailer of said county to receive all such persons so committed, and them safely keep until the same be discharged by due course of law, and in all cases where persons committed to jail are, or shall be, unable to pay jail fees, the said corporation shall be liable for the same. Powers of mayor and aldermen.

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SEC. 11. Be it further enacted by the authority aforesaid, That the expenditures of the mayor and aldermen and the compensation of the town officers shall be paid out of the town funds by an order drawn by the clerk of council (upon the town treasurer, and countersigned by the mayor or the mayor pro tempore of the council), and that the marshal or deputy marshal, and clerk and treasurer shall give bond and good security to the mayor and aldermen and successors, in a sum to be fixed by the mayor and aldermen, for the faithful performance of his or their duties. Disbursements. Bonds of officers. SEC. 12. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well being of said town, to remove pests and nuisances, and to perform all acts necessary and proper to carry out the provisions of this Act, not incompatible with the Constitution and laws of Georgia and of the United States; they shall also have full power to make all contracts in their corporate capacity which they may deem necessary for the welfare of said town. Powers of mayor and aldermen. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor, and in his absence the mayor pro tem. of said town shall have full power and authority to try all offenders against all or any of the by-laws or ordinances of said town, and to punish for each and every violation thereof within the corporate limits of said town by a fine or fines not to exceed fifty dollars, or by imprisonment in the common jail of said county not exceeding ninety days. Mayor's court. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of said town shall receive for his service such sum per annum as may be fixed by the town council, and all the salaries to be paid to the officers of said incorporation, together with all the expenditures made for the use of said town, shall be paid out of the

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town funds in the hands of the town treasurer, who shall keep a book, in which he shall make an entry of all the sums of money paid out, and to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to inspection by the mayor and aldermen of said town, or any or either of them, and all sums of money paid into the treasury by the provisions of this Act, shall, and the same are hereby directed to be a fund for the exclusive use of said town. Salaries. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power to license persons to retail and sell spirituous liquors within the limits of said town, and that no person or persons shall sell by retail any spirituous liquors within the limits of said incorporation without first obtaining such license, for which he or they applying shall pay such sum of money as the mayor and aldermen of said town, by ordinance shall determine, which tax shall be paid into the treasury of said town, and be appropriated to the use of said town. Sale of liquors. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to levy a tax upon all billiard tables kept or used for the purpose of playing on, gaming or renting, and all tenpin alleys, or alleys of any kind, which are kept for the purpose of playing with pins and balls, or either pins or balls or for the purpose or renting the same; and also all wheels of fortune; and said mayor and aldermen shall have power and authority to levy and collect a tax from all itinerant show masters, who may exhibit in said town any show, circus, riding, tumbling, sleight-of-hand tricks or legerdemain or any theatrical exhibition coming under this description. Special taxes. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall

Page 847

have power and authority to impose and levy such taxes, not to exceed one-half of one per centum upon all the real and personal estate within the corporate limits of said town, as they may deem necessary for the support of the government of said town; and also to enforce the collection of all fines, which may be imposed by said mayor and aldermen under the provisions or the powers granted by this Act. Ad valorem tax. SEC. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of all tax payers and owners of all taxable property within said town, and they and each of them, either by themselves or an agent, are required to make annual returns under oath to the clerk of council in said town or to such other officer as the mayor and aldermen of said town may appoint for said purpose, at such time as the mayor and aldermen may limit, of all their taxable property, held in their own right or in the right of any other person, and in case any person or persons shall fail or refuse to make such returns or shall make any returns deemed incorrect by the mayor and aldermen, the said mayor and aldermen may assess the property of such person and may fix such values thereon as they may deem correct and just, and all taxes levied and imposed by said mayor and aldermen in case of a refusal to pay the same shall be collected in the following manner: An execution for the sum due and all costs shall be issued by the clerk of council, directed to the marshal against the estate, both real and personal, of said defaulter, and shall be levied by the marshal or deputy marshal upon the said estate, and after having been advertised thirty days in the gazette where sheriff's sales are advertised for said county, the said marshal or deputy marshal shall sell at public outcry the property so levied upon, at the time and place for sheriff's sales in said county, and the deed of the marshal or his successor in office made in accordance with such sale, shall be as effectual to pass the title to such property to the purchaser thereof as the deed

Page 848

of the defaulter; and all executions issued under the provisions of this Act shall bind all the property as executions from the courts of this State now have by law, and the costs thereof shall be the same as in tax collector's, executions by the laws of this State, provided, that whenever any land is sold by virtue of a tax execution issued under the provisions of this Act, the owner thereof, or any administrator, executor, or guardian or other trustee of the defendant in execution, shall have the privilege of redeeming said land thus sold, within the time and in the manner pointed out in Section 898 of the Code of 1882. Tax returns. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares in said town, and also to establish a market or markets in said town, and also license, regulate and control all taverns and public houses in said town, and also to regulate all butcherpens, slaughter-houses, tan-yards, blacksmith shops, forges, stores and chimneys in said town, and to remove or cause to be removed the same, or any of them, in case they become dangerous or injurious to the health of any citizen of said town or become nuisances; and also, if necessary, to fill up all pits, cellars and excavations in said town or cause the owner to do so; also, to regulate drays, omnibuses, buggies, carriages, wagons and carts owned or kept and used in said town, and also full power to regulate and control all pumps, wells, livery stables, fire companies and engines within said town. Police powers. SEC. 20. Be it further enacted, That the mayor and aldermen shall have power to take up and impound any horses, mules, dogs, hogs, cows, or other cattle running at large in said town, and to pass and enforce all ordinances

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necessary and proper for the regulation and control of all such animals in said town. Stock law. SEC. 21. Be it further enacted, That the mayor and aldermen, or the mayor and any two aldermen, upon the trial and examination of any offenders against the laws of this State, or ordinances of said town, shall have power to issue all processes, writs and subp[oelig]nas necessary to carry out any of the provisions of this Act, or to execute any of the powers therein granted, and which processes shall be signed by the clerk, and bear test in the name of the mayor, or other officer acting pro tem-pore instead of said mayor, and be served or executed by the marshal or deputy marshal. Processes, etc. SEC. 22. Be it further enacted, That in case there should at any time be a failure to elect a mayor and aldermen for said town, as provided for in this Act, any two freeholders residing in said town upon giving ten days' notice thereof, shall or may proceed to hold an election in manner as pointed out in this Act for the regular elections in said town; and the mayor and aldermen so elected shall hold their office until the next regular election in said town, or until their successors are qualified; and in case at any time there should be a vacancy in the office of mayor or alderman, that the mayor and any two aldermen or two freeholders resident in said town may, upon ten days' notice, proceed to fill such vacancy in the manner pointed out for elections in said town by this Act; and all officers thus elected to fill vacancies shall hold their office until the next regular election in said town, or until their successor is qualified. Mayor and aldermen, election of. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have full power and authority to open and lay out, to widen, straighten or otherwise change streets and alleys in the said town. Whenever the mayor and council shall exercise the power in this delegated, they shall appoint two freeholders,

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and the owner or owners of the lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damage sustained, or the advantage derived by the owner or owners of said lots in consequence of the opening, widening or straightening, or otherwise changing said streets or alleys; and in case said assessors can not agree they shall select a fifth freeholder umpire, the said assessors to take an oath that they will faithfully discharge thier duties, and either party to have a right to enter an appeal to the superior court of Dodge county within ten days from the said award, the mayor and council of said town of Leon to have power and authority to levy, collect and enforce the final award and judgment in each and every case, by judgment against the owner or owners of said lot or lots when the same is found to be advantageous to said owner. Streets, etc. SEC. 24. Be it further enacted, That hereafter when any fi. fa. issued by the corporate authorities of said town for fines, forfeitures, taxes or any other debt or demand due said corporation, shall be levied upon any property claimed by any other person not a party to said fi. fa., that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases, and the said claim shall be returned and tried in the first justice court or superior court having jurisdiction thereof as the case may be. Levy and claim. SEC. 25. Be it further enacted, That this Act shall take effect from and after the passage of this Act, nineteen hundred and eight. SEC. 26. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1908.

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LITHONIA, PUBLIC SCHOOLS. No. 475. An Act to authorize the town of Lithonia to establish a system of public schools; to provide for the maintenance and support of the same; to create a board of education, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be established in the town of Lithonia, in the county of DeKalb, a system of public schools in the manner hereinafter prescribed. Lavonia, public schools. SEC. 2. Be it further enacted, That in conformity with Article 8, Section 4, paragraph 1, of the Constitution of the State as now amended, an election shall be held in the town of Lithonia, on November the 25th, 1908, on the question of establishing and maintaining public schools in said town by local taxation. All persons shall be entitled to vote at said election who are qualified to vote in municipal elections in said town and for members of the General Assembly of this State, and those favoring the establishment of such public schools shall have on their ballots the words For Public Schools, and those opposed thereto shall have on their ballots the words Against Public Schools. Such election shall be held as elections for mayor and councilmen of said town are held; and if two-thirds of the votes cast at such election shall be For Public Schools then this Act shall become operative. If the result of such election should be Against Public Schools then said mayor and councilmen shall have authority to order, from time to time, other elections upon said question, not oftener than once in twelve months, by posting a notice thereof in three public places in said town thirty days prior thereto.

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The managers of such election shall declare the result thereof. Election for public schools. SEC. 3. Be it further enacted, That in case two-thirds of those voting at any such election vote For Public Schools then the mayor and council of said town shall order an election therein to be held as elections for mayor and councilmen of said town for five members of a board of education, who shall be residents of said town and qualified voters, and the five receiving the highest number of votes shall be declared elected as such, two of whom shall hold office for two years, and three for four years, and until their successors are elected. Said members of the board of education shall determine by lot or otherwise which ones shall serve for the different terms. If vacancies occur before the expiration of the term of any of said members of the board of education, the mayor and town council shall elect to fill the same for the unexpired term. An election shall be held every two years at the same time and in the same manner as elections for mayor and town council of said town to fill the office of the retiring members of said board. Said board of education and their successors in office shall be a body corporate and shall have power to borrow money, and to secure the same by note or otherwise, also to purchase, receive and hold real and personal property in trust for said town of Lithonia with the right to sue and be sued. Board of education. SEC. 4. Be it further enacted, That said board of education shall organize annually by electing one of their number chairman, one treasurer and one vice-chairman, and one clerk, who shall perform such duties as may be prescribed by the board. The treasurer shall give bond payable to said board in such sum as they may fix, conditioned for the safe keeping and proper disbursement of the funds placed in his hands. He shall not pay out any money except by order of the board. Officers of board.

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SEC. 5. Be it further enacted, That said board of education shall have the control and management of the public school funds of said town, and make provisions for the education of the children therein between the ages of six and eighteen years; but separate schools shall be provided for the white and colored children; they shall elect a principal and such other teachers for said schools as are necessary, prescribe their salaries, select text books, prescribe the course of study, fix the length of the scholastic term, and the time of the beginning and closing of the schools, and adopt such rules and regulations for their own government and that of the schools as they may deem proper to carry out the provisions of this Act, not inconsistent with the Constitution and laws of this State; they shall have the power to build, purchase, lease or rent schoolhouses and other property for school purposes. They may admit non-resident children to said school upon payment of such tuition as they may prescribe, and shall be entitled to the pro rata share of the public school funds for such non-resident child or children. Control of schools. Said board of education shall also have power to provide a course of instruction for scholars who desire to engage in studies other than those embraced in the elementary branches of an English education, upon payment of such tuition as the board may prescribe. SEC. 6. Be it further enacted, That said board of education shall determine at as early date as practicable each year what amount of money it will be necessary to raise by taxation to run said public schools for the ensuing year and shall inform the mayor and town council, who must levy and collect the same as other taxes of said town are levied and collected, and turn the same over to the treasurer of said board; which, together with other moneys in said treasury shall constitute a fund to be expended by said board in the payment of teachers' salaries, incidental expenses, repairing and

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building schoolhouses, and other legitimate liabilities of said board; provided the rate of taxation under this Act shall not exceed one-half of one per cent. per annum. School fund. SEC. 7. Be it further enacted, That the county school commissioner of DeKalb county shall pay over to the treasurer of said board, the part of the State school fund coming to said town to be expended in the maintenance of said public schools. Said board shall require the principal of said schools to make out reports of the attendance of children entitled to the public fund, so that amount due said school may be ascertained. Pro rata part of State school fund. SEC. 8. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. LUMBER CITY, TOWN OF, PUBLIC SCHOOLS. No. 441. An Act to amend an Act approved December 10, 1900, entitled An Act to authorize the establishment of a system of public schools in the town of Lumber City; to provide for acquiring property and buildings and raising revenues to maintain said schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That an Act entitled An Act to authorize the establishment of a system of public schools in the town of Lumber City; to provide for acquiring property and buildings and raising revenues to maintain said schools and for other purposes, approved December 10, 1900, be and the same is hereby amended as follows, to-wit:

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By striking Section 4, thereof, and substituting in lieu of said Section the following: Lumber City, public schools. On and after January 1, 1909, the board of education of Lumber City shall consist of seven members to be elected by the qualified voters of said city. The first election shall be held on the first Monday in January, 1909, and biennially thereafter, the term of office being for two years. The mayor and council of said town are hereby required to provide for and hold said election, and the returns of said election shall be made to that body. Vacancies in the board for unexpired terms shall be filled by the town council. Board of education. SEC. 2. Be it further enacted, That Section 9 of said Act be amended by inserting in the ninth line thereof, between the word exceed and the word one the words one-half of, so that said Section, when so amended shall read as follows: SEC. 9. Be it further enacted, That as early as practicable after the ratification of this Act, and by the 15th of January of each succeeding year, the board of education shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the ensuing year, and shall lay the same before the mayor and council of said town, and the said mayor and council shall be required to levy and collect the same; provided, said amount does not exceed one-half of one per cent. of the taxable property of said town, and in the same manner that other taxes of said town are levied and collected without additional expense therefor. Said taxes when collected shall be applied to the sinking fund and interest on the public school bonds and balance to be turned over to the treasurer of the town council, and together with the amount received from the public school fund, such incidental tuition fees as may be collected and any other fund that may be placed in his hands for that purpose, shall constitute a fund to be expended only by order of the board of education

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in defraying the expenses necessary for carrying on said schools. School tax. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved August 14, 1908. McDONOUGH, CHARTER AMENDED. No. 465. An Act to amend an Act to consolidate, amend and codify the various Act incorporating the town of McDonough, in Henry county, Georgia, approved Sept. 18, 1883, also to amend the Acts amending the charter of the town of McDonough, approved Nov. 27, 1901; by changing the corporate name from the town of McDonough to the city of McDonough in the above Acts and amendments thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory heretofore designated as the town of McDonough are hereby continued a body corporate under the name of the city of McDonough and wherever the word town appears in the said charter or the amendments thereof the same is hereby stricken out and the word city inserted so that same shall read when so amended the city of McDonough. Said city of McDonough is continued a body corporate with power to govern itself by ordinances, resolutions and by-laws for municipal purposes as may now exist under the corporate name

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of the town of McDonough and as it may deem proper, not in conflict with the charter, nor the Constitution and laws of this State nor of the United States. McDonough, made a city. SEC. 2. 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. Approved August 17, 1908. MACON, CHARTER AMENDED. No. 456. An Act to amend the charter of the city of Macon and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same. That Sections 12, 13, 14, 15, 16, 17 and 18, of an Act entitled, An Act to create a new charter for the city of Macon, to consolidate the Acts relating to the rights and powers of said corporation, and for other purposes, approved November 21st, 1893, be, and the same are, hereby repealed. Macon, charter amended. SEC. 2. Be it further enacted, That in lieu of Section 12, repealed above, the following be enacted, That on the first day of January, 1909, and biennially thereafter, the city treasurer of the city of Macon shall open a book, or books, to be designated as voters' books, containing on the top of each page thereof, the following oath, to-wit: I do swear or affirm that I am a citizen of the United States; that I am 21 years of age, or will be on the second Tuesday of November of this calendar year; that I have resided in this State for one year, in

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this county for six months, and in the city of Macon for three months immediately preceding the date of this oath, or will have so resided on the second Tuesday of November of this calendar year; that I have paid all taxes, State, county and municipal, which, since the adoption of the Constitution of 1877, have been required of me, except taxes for this year; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State. I further swear or affirm that the ward, street and street number set opposite my name in this voters' book is my true place of residence, and that the statements opposite my name, in said book, as to age and occupation, are true, so help me God. Registration of voters. SEC. 3. Be it further enacted, That in lieu of Section 13, repealed above, the following be enacted, That in addition to keeping such voters' book open for signatures during the usual hours of business, daily from January 1st, as hereinbefore required, the city treasurer of the city of Macon, for a period of 30 days, beginning 90 days prior to the second Tuesday in November, 1909, and each second year thereafter (the same being the dates of the general city elections), shall keep said voters' book open for signatures, at his office in the city hall, from 9 o'clock a. m. until 6 o'clock p. m. each day, Sundays only excepted. That for the period of 30 days beginning 90 days prior to the second Tuesday in November, 1909, and each second year thereafter, the mayor of the city of Macon shall appoint a deputy registrar subject to confirmation by council. That the city treasurer of the city of Macon shall always keep such voters' book open for signatures at his office at the city hall, at any and all times, when his office is open for the payment of taxes, or other business. That said treasurer of the city of Macon, and also said deputy registrar, during the period of his services, as herein-before provided for, is authorized and empowered to

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take charge of said voters' book and to administer said oath. When the signature of any person is not clearly legible, the officer in charge of the voters' book shall, at the time said signature is made, write out the same in clearly legible letters opposite said signature. That any male person desiring to be registered as a voter and qualified to register as hereinafter provided, may apply to the said treasurer of the city of Macon, or to the deputy registrar, during the period of his service, and after reading said oath, or having same read to him, shall subscribe the same by signing his name in such voters' book, underneath the written or printed oath above described; a memorandum or entry of the district or ward (giving the name of the street and the number of his residence, if any, his age and occupation), in which affiant lives being first made by the officer in charge of the book, or by the affiant, opposite the place of signature of affiant. And when affiant is not 21 years old, at the date of taking the oath, a similar entry or memorandum shall, in like manner, be made, showing the date in that year when he will reach 21; and where the affiant has not resided in the State one year, or in the county six months or in the city three months, at the date of taking the oath, a similar entry or memorandum shall be made showing the date in that year when he will have resided in the State one year, in the county six months and in the city three months. That upon request of the applicant, or in any case in the discretion of the officer in charge of said book, such officer shall read or repeat said oath, distinctly to the applicant, and if the applicant can not sign his name, said officer shall sign it for him, the applicant making his mark thereto. The signatures so made in said voters' book shall be evidence that the person so signing swears or affirms the truth of every statement contained in said oath, and also to the written memoranda or entries opposite his signature. That for the purpose of more easily identifying the voters, the officer in charge of the voters' book shall not thereon, in connection

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with each signature, the race of the person signingthat is to say, whether white or colored. That any person swearing falsely under this Section shall be liable to indictment and punishment as in other cases of false swearing under the laws of this State, and the act of signing said registration book shall, in any prosecution hereunder, be held and deemed equivalent to taking the oath therein printed. That 60 days before the general November election the said treasurer of the city of Macon shall close the registration books for the general election and party primary of that year and shall proceed to make up and file with the city clerk of the city of Macon a list to be designated as Registered Voters in alphabetical order of names, in each ward, distinguishing in said list between white and colored voters. Registration of voters. SEC. 4. Be it further enacted, That in lieu of Section 14, repealed above, the following be enacted, That the following shall be the qualifications necessary for registration: 1. The person must be a male citizen of the United States who has resided in the State one year, in the county six months, and in the city three months, next preceding the time of the election. Qualifications for registration. 2. He must be twenty-one years of age, or must become so by the day of the election. 3. He must have paid all taxes, since the adoption of the present State Constitution, to the State and county and to the city of Macon, which have been required of him and which he had an opportunity to pay agreeably to law, except for the year of the election. No person shall be entered on the registry who does not apply to the treasurer of the deputy registrar during his period of service in person upon the days and within the hours fixed for registration. SEC. 5. Be it further enacted, That in lieu of Section 15, repealed above, the following be enacted, That no person shall be allowed to vote at any city election in

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said city or in any party primary for the nomination of candidates for mayor and aldermen for said city who has not been duly registered according to the provisions herein set forth. Any person voting in any such election or such primary without having registered shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in Section 1039 of the Penal Code of this State. Illegal voting. SEC. 6. Be it further enacted, That in lieu of Section 16, repealed above, the following be enacted, That certificates of registration shall be furnished to the person registering, at the time of registration. Certificate of registration. SEC. 7. Be it further enacted, That in lieu of Section 17, repealed above, the following be enacted, That it shall be the duty of the city clerk to cause to be printed and posted in front of the city hall, by 2 o'clock p. m. on the day preceding the election the corrected list of the registered voters, and also to furnish each of the election managers a certified copy of such printed list on the evening before the election. Each elector must vote in the ward wherein he resides. The books of registration shall be open to public inspection at all times from the beginning of the registration to the day of the election. That in all elections which may be hereafter held in the city of Macon for the purpose of authorizing the issue of bonds by the mayor and council of the city of Macon, for any purpose whatever, a special registration shall be had for such bond election, and such registration shall be had and such registration list prepared as herein provided, except: The treasurer of the city of Macon, or the deputy registrar appointed for such special election during the period of his service, for a period of 30 days, beginning 60 days prior to such special election, shall keep the voters' books open for signature at his office in the city hall of the city of Macon from 9 o'clock a. m. to 6 o'clock p. m. each day, Sunday excepted. All the provisions of this Act in reference to registering illegally

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for general elections shall apply to registrations for special bond elections. No bond election shall hereafter be held in the city of Macon without such special registration. List of voters. SEC. 8. Be it further enacted, That in lieu of Section 18, repealed above, the following be enacted, That in the event that a special election shall be called to fill a vacancy or vacancies in the office of mayor or alderman, the registration list prepared for the last general election shall be used. Elections to fill vacancies. SEC. 9. Be it further enacted, That the mayor shall receive a salary of $2,000.00 per annum, and the present incumbent of said office consenting thereto, this provision of this Act shall take effect from the 10th day of December, 1907. The mayor shall hold his office during the term of two years and until his successor shall be chosen and qualified; but he shall not be eligible to a re-election after the expiration of a second term for a period of four years. All that portion of the Act amending the charter of Macon, approved December 13th, 1895, fixing the mayor's salary at $3,000.00, and all that portion of the Act amending the charter of city of Macon approved December 3rd, 1898, fixing the term of said mayor, are hereby repealed. Salary and term of mayor. SEC. 10. Be it further enacted, That all marshal's sales, provided for by the provisions of Section 82 of the Act approved November 21st, 1893, creating a new charter for the city of Macon, shall be published in such daily newspaper of general circulation in said city as may be designated by formal resolution adopted by the mayor and council of said city. All those portions of said Sections of the said above described Act, in conflict with the foregoing provision of this amending Act, are hereby repealed. Publication of marshal's sales. SEC. 11. Be it further enacted, That the three tax assessors of the city of Macon, provided for by Section 80 of the Act approved November 21, 1893, creating the

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new charter of the city of Macon, as amended by the Act approved December 13th, 1894, making the city marshal one of said three assessors, shall be entitled to receive in addition to the compensation now allowed them by the first named Act above described, such additional sum for extra compensation as their services rendered in any year may make just and reasonable. Compensation of tax assessors. SEC. 12. Be it further enacted, That all elections for mayor and aldermen of the city of Macon shall be held on the second Tuesday in November of such years, in which said elections are to be held. The terms of office of the mayor and each and all of the aldermen in office at the time of the next election shall expire on the election and qualification of their successors as provided for in this amending Act. The provisions of Section one of the Act, approved August 14th, 1905, fixing said elections for the second Tuesday in December of such years, is hereby repealed. Election of mayor and aldermen. SEC. 13. Be it further enacted, That Section twelve of an Act, approved December 13, 1900, providing for the incorporating into and as a part of said city of Macon the various suburbs contiguous to corporate limits of said city, be amended by striking from said Section twelve of the said Act the following words: Said territory so incorporated shall be laid off into a ward, or wards, as the said mayor and council shall determine, and for each ward so laid off in the said incorporated territory there shall be added three (3) aldermen of the city of Macon, to be elected at the times and in the manner prescribed by law for the election of aldermen for the said city of Macon. The first election for said aldermen from said ward, or wards, so laid off shall be held at the next regular election for aldermen held in and for said city after the date of the incorporation of said territory, and in voting for said aldermen from said ward, or wards, at said first election each voter shall designate on his ticket the name

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of one person for the term of three (3) years and another person for the term of two (2) years and another person for the term of one (1) year, and their respective terms, when so elected, shall be accordingly; but until said election of aldermen no taxes shall be assessed by said city upon said territory, or the people or their property therein, and inserting in lieu thereof the following words: In the event any portion of the territory contiguous to the corporate limits of the city of Macon shall be incorporated into and as a part of said city under the provisions of this Act above described, such territory so annexed shall be attached to and become a part of that ward of said city to which the larger part of such annexed territory is contiguous; and the voters residing in said annexed territory shall become citizens of said city and be permitted to vote in said ward in all city elections and party primaries held after such annexation becomes effective, provided they are qualified to vote under the provisions of this amending Act. No taxes shall be assessed by said city upon said territory so annexed or the people or their property therein until after the next general election for mayor, and aldermen of said city following the annexation of said territory. Extension of corporate limits. SEC. 14. Be it further enacted, That the mayor shall designate a member of the police force to attend all sessions of the recorder's court and act as clerk thereof, in addition to his other duties, who shall sign and issue all processes, summons and all attachments, etc., issuing out of said court, all of which shall bear test in the name of the recorder. He shall keep all records of said court, receive all fines imposed by said court and account for the same as may be prescribed by the mayor and council. All that portion of Section six of the Act amending the charter of the city of Macon, approved December 11, 1896, providing for the appointment of a clerk of the recorder's court and defining his duties are hereby repealed. Clerk of recorder's court.

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SEC. 15. Be it further enacted, That all laws and parts of laws, in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. MANSFIELD, PUBLIC SCHOOL SYSTEM. No. 526. An Act to establish a public school system for the town of Mansfield, Georgia, to provide for a board of education for said town and to prescribe the number of members thereof and their powers, duties, manner of election and terms of office; to provide when and in what manner said public school system shall go into effect and to provide for the support and maintenance of said system. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, whenever the same shall have been ratified by a popular vote of the town of Mansfield as hereinafter provided, there shall be established in the town of Mansfield, Georgia, a public school system for the education and training of the school children of said town, both white and colored, between the ages of six and eighteen years, both inclusive. Mansfield, public schools. SEC. 2. Be it further enacted, That there shall be a board of education established in said town of Mansfield, which board shall consist of six members, chosen by the citizens of said town at the annual election for municipal officers, the terms of office of the members shall be for

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three years, except the terms of office of the first board elected, whose terms of office shall be one year for two members, two years for two members, and three years for one member, who after they have been elected shall draw among themselves for their respective terms of office, except that the mayor of said town of Mansfield shall be ex-officio a member of the board of education and constitute one of the six members thereof, so long as he shall hold the office of mayor. After the first election all the members of the board of education, except the mayor, shall hold their office for a term of three years. The first election for members of the board of education shall be held at the regular municipal election in January, 1909, until which time the following named persons to-wit: J. A. Starr, J. C. Harwell, W. N. Blake, E. H. Adams and R. W. Campbell having been elected by ballot of the citizens of Mansfield for that purpose, shall, together with the mayor of said town, constitute the board of education. Board of education. SEC. 3. Be it further enacted, That said board of education, in conjunction with the county board of education of Newton county, shall have authority to devise, design and adopt a system of public schools for said town, to modify the same from time to time, to establish such schools as they may see proper, to appoint and employ the teachers for said schools, to suspend or remove such teachers, to fix their compensation, prescribe their duties, to provide school-houses by rent, building, purchase or otherwise in the discretion of said board, to make or hold title to any such property, to make such by-laws, rules and regulations for their own government and that of the teachers and pupils of said schools as they may deem proper and necessary and not in conflict with the laws of this State and not in conflict with any of the regulations prescribed by the county board of education of Newton county; and said board of education shall do any and all Acts promotive of the best interests of said town, not in conflict with the

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provisions of this Act or any of the laws governing the common schools of said State. Control of system. SEC. 4. Be it further enacted, That the officers of said board shall be a president and a secretary and treasurer and such other officers as the board may deem advisable, all of whom shall be elected by said board from their own number annually; provided, that the secretary and treasurer of said board shall give bond in the sum of $3,000.00 payable to the town of Mansfield, conditioned for the faithful discharge of his duties as secretary and treasurer and conditioned further to promptly and satisfactorily account for all moneys which shall come into his hands. The secretary and treasurer of the board shall receive such compensation for his services as shall be fixed by the board of education prior to his election. No person shall be elegible to membership upon the board of education except a bona fide citizen of the town of Mansfield, who shall be eligible to the office of mayor. Officers of board. SEC. 5. Be it further enacted, That said board of education shall keep regular minutes of its proceedings and shall furnish from time to time to the mayor and council an estimate of the sum required for said schools, and shall make a report annually on the first Monday in July to said mayor and council of the condition of the public schools, the attendance thereon, the amount of expenditures for the school year, with such other information and recommendations as they may deem proper. Minutes and reports of board. SEC. 6. Be it further enacted, That for the purpose of paying the salaries of the teachers employed in said public schools, the county school commissioner of Newton county shall pay to the teachers so employed after that such teachers shall have entered into contract with the board of education of Newton county, such sums of money as the board of education of Newton county shall pay teachers of similar grades and of similar schools

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throughout Newton county and that in addition to such amounts so received, the mayor and town council of the town of Mansfield shall have authority to levy and shall levy such taxes upon all of the property of said town subject to taxation as will be sufficient to pay the balance found necessary by the board for the purpose of maintaining said system of schools for a full term of nine school months in each year; provided, the amount of taxes so levied for school purposes shall not exceed the amount prescribed in the charter of the town of Mansfield for said purpose, and provided further, that no part of the fund so levied and collected shall be used for any other purpose than for the support and maintenance and equipping of the public schools herein provided for. School tax. SEC. 7. Be it further enacted, That the course of study and the branches to be taught in such public schools shall be the same as now provided by law to be taught in the common schools of said State. Curriculum of schools. SEC. 8. Be it further enacted, That said board of education shall have power and authority to fix such rates of tuition to be charged pupils, who do not reside within the incorporate limits of Mansfield, attending said schools as may be necessary and just. Tuition of non-residents. SEC. 9. Be it further enacted, That said board of education may in its discretion provide for a high school course to be taught in connection with said public schools, and shall have power and authority to charge and collect such tuition for such high school course as may be found just and adequate to support same. High school. SEC. 10. Be it further enacted, That the said board of education shall have the right to buy, rent, lease, sell, exchange and hold, all such school property, both real and personal as may be necessary for carrying out the purpose of this Act. They shall provide suitable property

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for this purpose, and it shall be their duty to keep all such properties insured and in good repair. School property. SEC. 11. Be it further enacted, That said board of education shall provide separate schools for white and colored children. Separate schools for white and colored. SEC. 12. Be it further enacted, That the provisions of this Act shall not be put into effect until the same shall have first been ratified by the legal voters of the town of Mansfield. It shall be the duty of the mayor and council of Mansfield, as soon after the passage of this Act as practicable, to order an election to be held in said town, of which notice shall be given by publishing the same for thirty days prior to said election in three public places in said town and in such newspaper as may be published in said town, which election shall be conducted as are elections for mayor and council of said town, and the return thereof shall be made to the mayor and council of Mansfield, who shall declare the result thereof. All qualified voters resident of said town shall be entitled to vote at said election. At said election said voters shall have written or printed on their ballot For Public Schools or Against Public Schools and this Act shall not become operative until ratified by two-thirds of the votes cast at said election for public schools. The mayor and council may order other elections on the same question from time to time, provided, that said elections shall not be held oftener than once every six months. Election for public schools. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved August 17, 1908.

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MARIETTA, CHARTER AMENDED. No. 391. An Act to amend Section four of the Act of the General Assembly of Georgia approved August 15th, 1904, creating a new charter for the city of Marietta in the county of Cobb so as to provide for a special registration of all voters entitled to vote in the city of Marietta for the purpose of voting on the question of city ownership of sewers or no sewers, waterworks or no waterworks, ownership or non-ownership of gas and electric plants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that Section four of the Act of the General Assembly of Georgia, approved August 15th, 1904, creating a new charter to the city of Marietta, in the county of Cobb, be, and the same is hereby amended by adding at the end thereof the following: That a special registration of all voters entitled to vote in the city of Marietta for the purpose of voting on the question of city ownership, of sewers or no sewers, waterworks or no waterworks, ownership or non-ownership of gas and electric plants of said city and other purposes be provided for as follows: When the city council of the city of Marietta shall pass an ordinance calling an election for the purpose of voting on the questions of city ownership of sewers or no sewers, of waterworks or no waterworks, ownership or non-ownership of gas and electric plants and other purposes, that the clerk of council of Marietta shall open his books for the registration of all legal voters residing in said city sixty days before the holding of said election and that said clerk shall keep his said books open until fifteen days before said election. Before proceeding with said registration the said clerk

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shall procure a book in which he shall enter the names of all persons registering. This book shall at all times be open to the inspection of any or all the citizens of said city. He shall also procure blanks containing the oath to be subscribed by the person to be registered in said city which shall be the same as prescribed in Section four of the charter of the city of Marietta and no person shall be allowed to register until be produces evidence of his residence in said city and his right to register. Marietta, charter amended. Registration of voters for special elections. 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. Approved August 11, 1908. MIDVILLE, CHARTER AMENDED. No. 333. An Act to amend the charter of the town of Midville, so as to authorize the mayor and council to levy a tax for the ordinary current expenses of said town, of not more than one half of one per centum upon the assessed value of the property, located within the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 4 of an Act approved February 20, 1877, incorporating the town of Midville, in Burke county, Georgia, be, and the same is hereby amended by striking therefrom all of lines nine, ten and eleven of said Section as they appear in the published Acts, and inserting

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in lieu thereof the following: They shall have the power and authority to levy and collect an ad valorem tax, for the ordinary current expenses of said town, of not more than one half of one per centum, upon the assessed value of all property, both real and personal, located within the corporate limits of said town, so that said Section, when amended, will read as follows: Section 4. Be it further enacted by the authority aforesaid, That the president and commissioners provided for in this Act, or a majority of them, shall hold their meetings, at such times and places, in the limits of said town, as they may think proper, and shall have the power to adopt such by-laws, regulations and ordinances as may in their judgment be necessary for the preservation of the good order, security, peace and welfare of said town, not repugnant to the Constitution and laws of this State, or the United States; they shall have the power and authority to levy and collect an ad valorem tax, for the ordinary current expenses of said town, of not more than one half of one per centum, upon the assessed value of all property, both real and personal, located within the corporate limits of said town. The second paragraph of said Section to remain as at present. Midville, charter amended. Ad valorem tax. General welfare. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and they are hereby repealed. Approved August 30, 1908.

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NORCROSS, CHARTER AMENDED. No. 470. An Act to amend an Act approved November 13th, 1899, amending an Act approved October 26th, 1870, entitled an Act to incorporate the town of Norcross, in Gwinnett county, and for other purposes, to provide for a mayor and council and to define their duties, to change and fix the corporate limits; to establish and fix police regulation therein; to prohibit the sale of spirituous liquors therein; to provide a manner of raising revenue therefor; to provide a manner for improving and working the roads, streets and sidewalks therein; to authorize the levy and collection of taxes on the property therein and all business or callings; to provide for a sanitary board; and to provide for the condemnation of private property for streets and sidewalks; to provide for a board of commissioners of water and lights; to provide for the condemnation of nuisances; to provide for the laying off the town into wards and to provide for the regulation of railroads, street and electric car lines, telegraph and telephone lines, to provide for a system of electric lights; to provide for a system of waterworks and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter designated are hereby continued corporate by the name and style of city of Norcross, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper not in conflict with this charter nor the Constitution and laws of this State nor of the United States; with power in and by said corporate name to contract with, sue and be sued,

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plead and be impleaded in all of the courts of this State, and do all other Acts relating to its corporate capacity. Norcross, incorporated as a city. SEC. 2. Be it further enacted, That the corporate limits of said city of Norcross shall extend in a circle of three-fourths of a mile in every direction from the freight depot of the Southern Railway Company situated in the city of Norcross. Corporate limits. SEC. 3. Be it further enacted, That on the first Saturday in January next, there shall be elected a mayor and two councilmen whose term of office shall be for two years who shall hold office until their successors are elected and qualified; also at the same time and place there shall be elected three councilmen who shall hold their offices for one year and until their successors shall be elected and qualified, the successors of said three councilmen to hold their offices for two years, so that the governing board of said city shall be composed of a mayor and five councilmen, the mayor and two councilmen to be elected every two years to serve two years and until their successors are elected and qualified and the three councilmen to be elected for a term of two years to hold office until their successors are elected and qualified, said election to be held on the first Saturday in January in each year. The mayor and council may elect one of their body mayor pro tem., whose duty it is to sit in the absence of the mayor, or in case mayor and mayor pro tem. are both absent, then a majority of the board of councilmen can sit and transact business legally; that said mayor shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by the marshal of said city. The mayor and council shall elect a marshal whose term of office shall be for one year or until his successor is appointed and qualified. Mayor and councilmen.

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SEC. 4. Be it further enacted, That the manufacture and sale of spirituous liquors or intoxicating drinks shall be prohibited within the corporate limits of said city. The mayor and council shall have full power and authority to require any and all persons, firms and corporations engaged in or carrying on, or who may engage in or carry on any trade, business, calling or avocation within the corporate limits of said city to register their business, calling or avocation annually and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business or calling aforesaid not to exceed twenty-five dollars per annum. Intoxicants. Business license. SEC. 5. Be it further enacted, That the mayor and council shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding one per cent. thereon, not including the school tax, which under the law is subject to taxation. Ad valorem tax. SEC. 6. Be it further enacted, That the said mayor and council shall have full power and authority to lay off said city into wards not to exceed four in number, the limits and extent of which shall be fixed by proper ordinances with a view equalizing as near as possible according to population and property values. City wards. SEC. 7. Be it further enacted, That said mayor and council shall have full power and authority to by proper ordinances provide for the abatement of nuisances, for the condemnation of private property determined a nuisance and the arbitration of the value of the property so condemned and the payment of the same. They shall have full power and authority to by proper ordinance fix a fire limit and prescribe therein the kind of buildings

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that shall be erected therein and to provide for the punishment of violators of this provision. Nuisances. Fire limits. SEC. 8. Be it further enacted, That said mayor and council shall have authority to establish a commission of water and lights not to exceed three in number from among the freeholders of said city who shall be elected by the mayor and council, said mayor and council shall be empowered to by ordinance fix the powers, duties and liabilities of said commission and shall by ordinance provided for the establishment and maintenance of a system of waterworks and electric lights. Light and water commission. SEC. 9. Be it further enacted, That said mayor and council shall have full power and authority to issue bonds for the purpose of maintaining and establishing said system of waterworks and electric lights, the issuing of said bonds to be in conformity to the laws of Georgia now in force or as may hereafter be amended. Bonds for lights and water. SEC. 10. Be it further enacted, That the mayor and council of said city shall have power to appoint three assessors, who shall make an assessment of all the town property, both real and personal, at the real cash market valuation of the same, so that the return thereof shall be completed and handed in by the first day of April, annually. Tax assessors. SEC. 11. Be it further enacted, That all persons liable to perform any road duty by the laws of this State, shall be liable and subject to work on the roads and streets of said city not exceeding six days in each year; provided, that the mayor and council shall have power to levy and collect a street tax in lieu thereof, not to exceed fifty cents per day; and all persons failing and refusing to perform said work or pay the tax in lieu thereof shall be liable to be dealt with by the mayor and council as for violations of other ordinances of said city. Street work or tax. SEC. 12. Be it further enacted, That the mayor and council shall have full power and authority to impose a

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fine not to exceed fifty dollars, and on failure of payment thereof to compel the delinquent to work on the streets or roads of said city not to exceed a period of thirty days and kept in the custody of the marshal of said city during said service. Punitive powers. SEC. 13. Be it further enacted, That the mayor and council shall have full power and authority to appoint a board of health consisting of three members to act under such ordinances as the mayor and council may deem proper to pass for the health and sanitary regulation of said town, and said mayor and council is hereby empowered to pass and enforce such just and reasonable ordinances as will enable said board to maintain a safe sanitary condition in said city. Board of health. SEC. 14. Be it further enacted, That said mayor and council of said city of Norcross shall have full power and authority to regulate by proper ordinance all railroads, street railroads, electric car lines established in or passing through said city and to grant and revoke franchises to the same and to by proper ordinance regulate the establishment and maintenance of telegraph and telephone lines and systems in said city whether established or to be established in said city and to grant and revoke franchises to the same over the streets and highways. Franchises. SEC. 15. Be it further enacted, That said mayor and council shall have full power by proper ordinance to lay off, define, straighten, elevate, grade and build the streets and sidewalks in said city, the power is hereby conferred to by proper ordinance establish new streets and sidewalks and to that end to provide for the condemnation of private property and for the payment of the same, in the use of laying off and making streets and sidewalks in said city, and to purchase property for said purpose. Streets, etc.

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SEC. 16. Be it further enacted, That said mayor and council shall have full power to by proper ordinance provide for the issuance of bonds by said city for the purpose of maintaining and erecting streets in said city, for the purpose of providing and maintaining a sewerage system in said city, for the erection and maintenance of any public buildings, and for other public improvements; provided, however, that said bonds shall be issued in the manner now provided by law; provided, that the whole of the bonded indebtedness of said city shall not exceed seven per centum of the assessed value of all the taxable property therein. Municipal bonds. SEC. 17. Be it further enacted, That said mayor and council shall have full power and authority to by proper ordinance provide for the laying of sewers, the paving of the sidewalks and streets in said city, the assessment of the abutting property owners for the payment of the same, to provide for the issuance of executions for said assessments against all defaulters and for the collection of the same, provided that said assessments so levied shall be a lien upon the adjoining property owners ranking as with other municipal liens for taxes. Assessments for street improvements. SEC. 18. Be it further enacted, That all laws and parts of laws conflicting herewith are hereby repealed. Approved August 17, 1908. NORWOOD, CHARTER AMENDED. No. 462. An Act to amend an Act approved October 7, 1885, entitled an Act to incorporate the town of Norwood and

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to amend an Act approved August 15, 1903, entitled an Act to amend an Act approved October 7, 1885, incorporating the town of Norwood, so as to provide for the election of the corporate officers of the town of Norwood on the second Monday in November in each year; so as to authorize the mayor or the mayor and council of said town to grant business licenses not to exceed one hundred dollars; and to authorize the mayor to impose fines not to exceed one hundred dollars or to work on the streets of said town under supervision of the marshal not to exceed ninety days, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That the Act incorporating the town of Norwood approved October 7, 1885, be amended by striking from said Act, Section 3, and substituting in lieu thereof the following: Section 3. That an election shall be held in said town on the second Monday in November in each year beginning on the second Monday in November, 1908, for a mayor and five councilmen who shall serve for twelve months or until their successors are elected and qualified, and on the qualification of the mayor and councilmen elected on the second Monday in November, 1908, these offices shall be vacated by those elected on the first Monday in November, 1907, or subsequent thereto, but prior to the second Monday in November, 1908. Norwood. Mayor and councilmen. SEC. 2. Be it further enacted by the authority aforesaid, That Section 1 of the Act of August 15, 1903, amending the Act incorporating the town of Norwood approved August 7, 1885, be amended by striking all of said Section and by submitting in lieu thereof the following: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the mayor of said town of Norwood or the mayor

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and council of said town of Norwood, according to the ordinances of said town, shall have authority to grant or not grant licenses upon all mercantile, millinery and drug business, livery, feed or sale stables, jack, or stallion standing in said town, wood shops, shoe shops, blacksmith shops, hotels, restaurants, cotton and cottonseed buyers, auctioneers, horse swappers, traders, peddlers, harness makers, guano agents, and each and every other buyer or other such business carried on in said town as they or a majority of them may deem proper not to exceed the sum of one hundred dollars annually; provided, however, this Section shall not apply to any person, agent or corporation which is now subject to the special State law tax or which may hereafter become subject to the special State law tax. Said tax or license to be a special tax and imposed at the option of said mayor or said mayor and council or a majority of them. And when said tax or license is duly or legally imposed any person or persons, who engages in the aforesaid callings or business, without first obtaining a license therefor, as aforesaid, shall be arrested and punished as prescribed in the ordinances of said town which may be in accordance with Section 3 of this Act. Licenses. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the mayor of said town of Norwood shall have authority to sentence offenders against the ordinances of said town, after conviction, to a term not to exceed ninety days on the streets of said town or to pay a fine not to exceed one hundred dollars. And any person who may be sentenced to work on the streets of said town shall be in the direct custody and under the immediate control and supervision of the marshal who shall be responsible to the mayor and council for his safe keeping, and should it be necessary in order to secure his custody the marshal of said town shall be authorized to shackle such person so convicted and sentenced. Mayor's court.

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SEC. 4. 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. Approved August 17, 1908. OCHLOCKNEE, CHARTER AMENDED. No. 493. An Act to amend the charter of the town of Ochlocknee, in Thomas county, Georgia, so as to decrease the area of the corporate limits of said town, and for other purposes. SECTION 1. Be it hereby enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Section 1 of the Act entitled An Act to amend, consolidate and supersede all former Acts incorporating the town of Ochlocknee, in Thomas county, Georgia, etc. approved August 22, 1907, be, and the same is, hereby amended by striking out the word three-fourths where it occurs in the fifth line of said Section one, in the printed Acts of 1907, and substituting therefor the word one-half. The purpose of this Act being to reduce the incorporate limits of said town of Ochlocknee from a circle having a radius of three-fourths of a mile to a circle having a radius of one-half of a mile. Ochlocknee, corporate limits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1908.

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ORLAND, TOWN OF INCORPORATED. No. 380. An Act to incorporate the town of Orland, in the county of Montgomery, and to grant certain powers and privileges to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Orland in the county of Montgomery, be, and the same is, hereby incorporated under the name of the town of Orland; that the municipal government of the town of Orland shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the town of Orland, and by that name and style shall have perpetual succession, and shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain, to them and their successors, for the use of the town of Orland, any estate, real or personal of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation, or convey the same or any part thereof in any manner or way whatever; that the territory embraced within the following boundary shall constitute the town of Orland: Beginning at the southwest corner of the T. J. James's tract lying on Missus Creek, known as the Anderson land, running then east on the south line of said land to the southeast corner, then the east line of said tract going north to D. E. Walker's land, then taking the south line of D. E. Walker's, M. R. Davis's, W. B. Smith's, J. R. Forsky's, and Josephine Jones's land, coming out at the Red Bluff Creek where the M. D. S. R. R. crosses said

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creek, then up the Red Bluff Creek going north to the line of Lucian Youngblood's land, then taking the east line of said Lucian Youngblood's land to M. D. Davis's land, then the east line of said M. D. Davis's land, then a straight line going in a northern direction to the southeast corner of J. O. Chester's land, then on the east line of said J. O. Chester's land, going north to the northeast corner of said J. O. Chester's land, then in a northern direction to the southeast corner of Thomas Gillis's land, then on the east line going north to the northwest corner, then the east line of G. W. Spring's land to the county line of Laurens and Montgomery counties, and following said lines to the original starting place. Orland, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That W. B. Snow, be, and he is, hereby appointed mayor of said town, and W. H. Tharpe, W. B. Greenway, T. C. Davis, W. T. Lord and E. L. Davis be, and they are, hereby appointed councilmen of said town, to hold their offices until the first annual election in said town in the year 1909, and until their successors are elected and qualified. The above named officers to enter upon the discharge of their duties upon their taking oath well and truly to administer the affairs of their said office, immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in said town at such place as the mayor of said town shall direct and designate on the first Monday in June, 1909, and on the first Monday in June in each year thereafter, for a mayor and five councilmen, who shall hold their office for one year or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever the mayor of said town shall order an election held in said town by posting a notice in three public places. Said notice shall be posted ten days before said election. Said election shall be held under the law

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governing the election of members of the General Assembly and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take an oath to well and truly discharge the duties of the offices. Election of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That the sale of liquor within the incorporate limits of said town is hereby prohibited. Sale of liquor. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Orland shall have power to make all ordinances, rules and regulations necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge, when necessary, and keep in good order and repair the walks, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to establish markets, and regulate all butcher pens, tanyards, livery stables, blacksmith shops, forges, stoves and chimneys in said town, and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed to be a public nuisance and destructive to the health, peace and quiet of said town; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead, and regulate interments

Page 885

therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and from time to time to enlarge or restrict the same, and prescribe what kind and class of building shall not be constructed within said limits; to fill open wells or other excavations on unenclosed premises; and the said mayor and council shall also have entire and absolute control and jurisdiction of all soilpipes. Corporate powers. SEC. 6. Be it further enacted, That said mayor may hold police courts, try offenders for violation of the ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said mayor, and, when sitting as a court, said mayor may fine for contempt not exceeding ten dollars or imprisonment for five days for such contempt. From all decisions of said mayor imposing punishments or penalties for violations of such ordinances, rules and regulations there may be an appeal from the mayor to the council upon such terms as may be presented by said mayor and council. Police court. SEC. 7. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal and prescribe their duties, not inconsistent with this Act and the laws of this State and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their offices, and fix their compensation. Said mayor and council are authorized to appoint a tax-assessor, or assessors, should more than one be required, to assess the taxable property of said town and perform such other services as may be required in connection with said office, fix the compensation of such assessor and require a bond for the faithful performance of his duties; provided, that nothing

Page 886

in this Act shall disqualify one person from holding the offices of clerk, treasurer and assessor at the same time. Town officers. SEC. 8. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes upon the real and personal property within the corporate limits of said town; provided, that the tax assessed shall not exceed the amount of the State tax; also to levy and collect such tax on business occupations; theatrical exhibitions or other performances, exercised, performed or exhibited within the corporate limits of said town, and fix such license on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper. Taxes. SEC. 9. Be it further enacted, That should any property owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor or assessors provided for in the seventh Section of this Act, he or they shall have the right to appeal from said assessment to the mayor and council; provided, said appeal shall be made within ten days after the returns of said assessor or assessors shall have been made to said mayor and council. Tax assessments. SEC. 10. Be it further enacted, That said mayor and council may choose from their own number a mayor protempore, who shall, in the absence, sickness or disqualification of the mayor and in the case of the absence, sickness and disqualification of the mayor pro tempore, a majority of the councilmen shall choose one of themselves to Act as mayor temporarily. Mayor pro tem. SEC. 11. Be it further enacted, That the mayor and councilmen shall not receive any compensation for their services as such, but shall be free from street duty during their term of office. No salaries. SEC. 12. Be it further enacted, That said mayor and council may require and compel the persons residing

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within the limits of said town, subject by law to road duty, to work on the streets and walks of said town not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons, not to exceed five dollars. Street work or tax. SEC. 13. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. General powers. SEC. 14. Be it further enacted by the authority aforesaid, That on or by October 15th, after the passage of this Act, the county school commissioner of Montgomery county be required to turn over to said town of Orland, any money that he may then have on hand belonging to school of said town. School fund. SEC. 15. Be it further enacted, That the public schools of the city of Orland shall be controlled by a board of education to be elected by the mayor and council of said city, said mayor and council to have the power and authority to fix the number of said board of education, prescribe their duties and fix the terms for which they shall hold office; and by resolutions or ordinances to provide for the proper management of said school. Nothing in this charter shall in any manner interfere with any member of the board of trustees in office at the time of the passage of this Act. Such members shall fill the entire term for which he has been elected. Board of education. SEC. 16. Be it further enacted, That the mayor and council of said city shall not in any one year collect a tax exceeding one-half of one per cent. on the taxable property of said city for the support and maintenance of said public schools. Provided, that nothing in this Act, in regard to the public schools in Orland shall be in force or become operative until it has been ratified by

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two-thirds of the legal voters, voting at an election held for that purpose, by the mayor and aldermen. Said election shall be advertised by posting notice at the most public places in Orland or by publication in a newspaper published in Orland thirty days prior to said election. The tickets shall have printed or written on them For Public Schools, and Against Public Schools. It is the duty of the mayor to declare the result of said election. School tax. Election for public schools. SEC. 17. Be it further enacted, That the value for taxation of the real and personal property in said city shall be determined by three disinterested freeholders of said city, to be elected annually by the mayor and council, who shall be duly sworn to assess the real and personal property of said city at a fair market value according to the best of their skill and knowledge. These assessors shall be severally entitled to receive from the treasury of said city such compensation for said services as may be fixed by the mayor and council of said city. In case of dissatisfaction with any assessments so made, the property holder dissatisfied may appeal to the mayor and council, whose decision upon the question shall be final. Tax assessors. SEC. 18. Be it further enacted, That the taxes levied annually by the town including special taxes, shall be due and payable at the time of collecting State and county tax; and payable to the tax collector of Montgomery county. Taxes, when due. SEC. 19. Be it further enacted, That the tax collector of Montgomery county be required to turn over all taxes belonging to the town of Orland, to such officer as may be designated by the mayor of said town of Orland, and that he be allowed the regular percentage for collecting said taxes as he receives for collecting State and county taxes. Tax collector of Montgomery county.

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SEC. 20. Be it further enacted, That all of the powers and duties contained in Sections 696, 697, 698, 699, 700, 701, 702, 704, 705 of the Code of 1895, Volume I., are hereby adopted and made a part of this Act. Statutory powers. SEC. 21. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1908. PELHAM, CHARTER AMENDED. No. 404. An Act to amend the Act incorporating the town of Pelham, approved September 14, 1881, and the various Acts amendatory thereof, so as to provide for the election of six councilmen for said town, and for other purposes. SECTION 1. Be it enacted, That Section 4 of an Act entitled, An Act to incorporate the town of Pelham, in the county of Mitchell, and provide a government for the same, approved September 14, 1881, be, and the same is hereby amended, by striking out the word four, immediately after the word and, and immediately before the word councilmen, in the fourth line of said Section, and inserting in lieu thereof the word six; so that said Section, when amended, shall read as follows: Be it further enacted, That on the second Tuesday in January, 1882, and annually thereafter, on the same day, an election shall be held in the council chambers in said town, for a mayor and six councilmen, who shall hold their offices for one year, and until their successors are elected and qualified; but none shall vote

Page 890

for, or be eligible to the office of mayor or councilmen of said town, who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected, to enter on the discharge of the duties of the offices to which they have been elected. Pelham Election of mayor and councilmen. 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. Approved August 14, 1908. PERRY, CHARTER AMENDED. No. 361. An Act to amend an Act approved December 12th, 1859, entitled An Act to incorporate the town of Perry, in Houston county and to extend the limits of the same, etc., so as to strike from the caption of the said last mentioned Act and from each Section of said Act and amendments thereto the word town wherever it appears in said Act and to insert in lieu thereof the word city. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act approved December 12th, 1859, entitled An Act to incorporate the town of Perry, in Houston county, and to extend the limits of the same, etc., be, and the same is hereby amended by striking from the caption of said Act and from each Section of

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said Act and amendments thereto the word town wherever it appears in said Act, and inserting in lieu thereof the word city. Perry, made a city. 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. Approved August 8, 1908. PRIMROSE, TOWN OF, INCORPORATED. No. 487. An Act to incorporate the town of Primrose, in the county of Meriwether, and to grant certain powers and privileges to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the town of Primrose, in the county of Meriwether, be, and the same is hereby incorporated, under the name of the town of Primrose; that the municipal government of the town of Primrose shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the town of Primrose, and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and their successors for the use of the town of Primrose, any estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien and lease any estate, real or personal, the property

Page 892

of, or belonging to any corporation, or convey the same or any part thereof in any manner or way whatever; that the territory embraced within the following boundary shall constitute the town of Primrose: Beginning at the northeast corner of the depot of the Central of Georgia Railway Company at Primrose station, in Meriwether county, Georgia, and extending from said point 20 chains north, 20 chains east, 20 chains south and 20 chains west. Said limits being one-half mile square, with the northeast corner of said depot as a center. Said limits including parts of lots of land numbers 158 and 159, in the Midway district of Meriwether county, Georgia. Primrose, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That W. F. Fleming be and he is hereby appointed mayor of said town, and W. S. Norris, F. M. Thorton, L. G. Hardaway, W. T. Norris, and R. D. Fuller be, and they are hereby appointed, councilmen of said town, to hold their offices until the first annual election in said town in the year 1909, and until their successors are elected and qualified. The above-named officers to enter upon the discharge of their duties, upon their taking oath to well and truly administer the affairs of their said office, immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in said town, at such place as the mayor of said town shall direct and designate, on the first Monday in January, 1909, and on the first Monday in January in each year thereafter for a mayor and five councilmen, who shall hold their offices for one year or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause, whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places. Said notice shall be posted ten days before said election. Said election shall be held under the law governing the

Page 893

election of members of the General Assembly, and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take an oath to well and truly discharge the duties of the offices. Election of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That the sale of liquor within the incorporate limits of said town is hereby prohibited. Sale of liquors. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Primrose shall have the power to make all ordinances, rules and regulations necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may requireto widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge, when necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to establish markets, and regulate all butcher pens, tanyards, livery stables, blacksmith shops, forges, stoves and chimneys in said town, and remove the same, or any of them in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed to be a public nuisance and destructive to the health, peace and quiet of said town; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the

Page 894

dead, and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and from time to time enlarge or restrict the same, and prescribe what kind and class of buildings shall not be constructed within said limits; to fill open wells or other excavations or unenclosed premises, and the said mayor and council shall also have entire and absolute control and jurisdiction of all soil pipes, private drains and sewers and privy vaults, and dry wells in said town, with full power to prescribe their location, structure, uses and preservation and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town, and with power, also, to require changes in or the total discontinuance of any such contrivances and structures already in existence, or that may hereafter be allowed, and to compel the owners of property to convey the water from housetops by means of guttering, or otherwise, to sewerage pipes; provided, said sewerage pipes are laid within fifteen feet of the buildings required to be guttered. Corporate powers. SEC. 6. Be it further enacted, That said mayor may hold police courts, try offenders for violation of the ordinances, rules and regulations prescribed for the government of said town and may punish violators of the same by a fine not exceeding fifty dollars, imprisonment not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said mayor. And, when sitting as a court, said mayor may fine for contempt, not exceeding ten dollars, or imprisonment for five days for such contempt. From all decisions of said mayor, imposing punishments or penalties, for violation of such ordinances, rules and regulations, there may be an appeal to the mayor and council, upon such terms as may be prescribed by said mayor and council. Police court.

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SEC. 7. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal and prescribe their duties, not inconsistent with this Act and the laws of this State, and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of said offices, and fix their compensation. Said mayor and council are authorized to appoint a tax assessor or assessors, should more than one be required to assess the taxable property of said town, and perform such other service as may be required in connection with said office, fix the compensation of such assessor and require a bond for the faithful performance of his duties. Provided, that nothing in this Act shall disqualify one person from holding the offices of clerk, treasurer and assessor at the same time. Town officers. SEC. 8. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes, upon the real and personal property within the corporate limits of said town, and fix such license on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper; provided also, that all corporate and franchise properties shall be subject to taxation, and collected as provided by law. Taxes. SEC. 9. Be it further enacted, That should any property owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor or assessors, provided in the seventh Section of this Act, he or they shall have the right to appeal from said assessment to the mayor and council, provided said appeal shall be made within ten days after the returns of said assessor or assessors shall have been made with said mayor and council. Tax assessments. SEC. 10. Be it further enacted, That said mayor and council may choose from their own number a member pro tempore, who shall in the absence, sickness or disqualification of the mayor, and in case of absence, sickness

Page 896

or disqualification of the mayor pro tempore, a majority of the councilmen shall choose one of themselves to act as mayor, temporarily. Mayor pro tem. SEC. 11. Be it further enacted, That the mayor and councilmen shall not receive any compensation for their services, as such, but shall be free from street duty during their term of office. No salaries. SEC. 12. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town subject by law to road duty, to work on the streets and walks of said town, not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from said persons, not to exceed five dollars. Street work or tax. SEC. 13. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. General welfare. SEC. 14. Be it further enacted, That all the powers and duties contained in Sections 696, 697, 698, 699, 700, 701, 702, 703, 704, 705 of the Code of 1895, Volume 1, are hereby adopted and made a part of this Act. Statutory powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908.

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RIVERDALE, TOWN OF, INCORPORATED. No. 334. An Act to incorporate the town of Riverdale, in the county of Clayton, to prescribe its limits, to provide for a mayor and council of said town, and to prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Riverdale, in Clayton county, Georgia, is hereby incorporated as a town, under the name and style of the town of Riverdale. Riverdale, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall be one-fourth mile in each direction from where the public road crosses the Southern Railroad, power being hereby given to the corporate authorities of said town to alter, modify, change or rectify said boundaries. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town consist of a mayor and four aldermen, who are hereby constituted a body corporate, under the name and style of the town of Riverdale, and by that name shall be capable of suing and being sued in any court of law or equity, make contracts, purchase and hold and dispose of real estate and personalty, and sell, lease and exchange the same, and generally to do all things pertinent to a corporation of such character, whether now allowed by law or which may be hereafter conferred upon the same. Mayor and aldermen. SEC. 4. Be it further enacted, That B. F. Hancock be, and he is hereby appointed mayor, and J. B. Adams, A. B. Coogler, W. O. Camp and W. S. Rivers, be, and they are, hereby appointed aldermen of said town of Riverdale,

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to hold office until the next and first annual election as herein provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That on the second Wednesday in January, 1909, and on the same day in each year thereafter, an election shall be held in the council chamber of said town for a mayor and aldermen thereof, who shall hold their office for one year from said day, and until their successors are elected and qualified. All persons being eligible to hold said office who are qualified at the time to vote for members of the General Assembly of the State, and have resided in said town three months immediately preceding said election. All persons shall be qualified to vote for said officers who are qualified as above to hold the same. Such elections shall be held and conducted as are those for county officers, and the certificate of the managers shall authorize the persons so elected to enter upon the discharge of the duties of said offices, the returns of said elections being made to the mayor and aldermen of said town. In the event of a vacancy occurring in any of said offices, the same shall be filled as to the mayor by the board of aldermen selecting one of their number to fill the unexpired term, and as to an alderman by the selection of some fit and proper person of the town by the mayor and remaining aldermen. Election of mayor and councilmen. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties, the mayor and aldermen shall take an oath to faithfully discharge the duties devolving upon them respectively, to the best of their ability and understanding. Official oath. SEC. 7. Be it further enacted, That the said mayor and aldermen shall have power and authority to elect such marshals, clerks, treasurer and other officers as they may deem necessary to properly carry out the affairs of said town, prescribe the duties and fix the compensation of such officials, and require bonds therefrom, make and pass all ordinances, by-laws, rules and regulations

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which they may deem necessary for the good order, peace, health and government of the town, and for the enforcement of the powers herein provided and granted, have exclusive jurisdiction of the streets, alleys, sidewalks, drives, parks and other public property of said town, keeping the same in good order and removing all obstructions of the same at the expense of the person obstructing the same, construct and maintain at such time as they may determine, waterworks, drainage and sewerage systems, lights and other modern improvements, issuing bonds when necessary to pay for the same, establish and regulate police, fire and sanitary protection for said town, when in their judgment necessary, grant municipal franchises, raise revenue by taxation, and grant licenses to defray the expenses of the government, regulate the sale and barter of merchandise within the limits of said town, and the exhibition of shows, and impose on the same all proper taxation and license, and generally to do all things whatsoever, not repugnant to the laws of Georgia, which may be incident to municipal corporations. Corporate powers. SEC. 8. Be it further enacted, That said mayor and aldermen of said town shall have power to enforce its ordinances, rules and regulations by fine, not exceeding fifty dollars, or imprisonment not exceeding thirty days. Punitive powers. SEC. 9. Be it further enacted, That the mayor and aldermen of said town shall have authority to elect a mayor pro tem., who shall discharge the duties of mayor during the absence or inability of the mayor from sickness or other causes to perform the said duties of the mayor elected and qualified, and the mayor and mayor pro tem. shall be by virtue of their said office justice of the peace as to criminal matters, with power to issue warrants and commit for trial, compel the attendance of witnesses, hold examinations, and admit to bail or commit to jail in default thereof. Mayor pro tem. Mayor's court.

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SEC. 10. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof, shall see that the ordinances, rules and regulations are enforced, shall have control of the police force of said town, appointing special policemen as the emergency may arise, and generally shall do all things essential for the proper discharge of his duties as such chief executive. Powers and duties of mayor. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 30, 1908. ROCKLEDGE, TOWN OF, INCORPORATED. No. 551. An Act to incorporate the town of Rockledge, in the county of Laurens, State of Georgia, to define its corporate limits, declare its powers, and for other purposes. 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 the town of Rockledge, in the county of Laurens, be, and the same is, hereby incorporated, and that its corporate limits shall extend eight hundred yards in all directions from the depot of the Macon, Dublin Savannah Railroad Company at Rockledge. Rockledge, town of, incorporated. SEC. 2. That the government of said town shall be vested in a mayor and four councilmen, That W. H. H. McLendon be, and he is hereby appointed, mayor of said town, and that L. A. Autry, Rollin M. Keen, R. N.

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Odum and J. R. Hester be, and they are hereby appointed, councilmen of said town, to hold their offices until the first election of mayor and councilmen on the first Saturday in January after the passage of this Act, and until their successors are elected and qualified, as hereinafter provided for, and that on the first Saturday in January, and annually thereafter, elections of mayor and four councilmen shall be held, who shall hold their offices for one year and until their successors shall be elected and qualified. All persons residing within the corporate limits, who shall have resided therein six months immediately preceding the day of election, and who are entitled and qualified under the laws of the State to vote for members of the General Assembly, shall be qualified voters and entitled to vote in said election, which shall be conducted as elections for members of the General Assembly; and the certificate of the managers recorded on the records of said town shall be sufficient authority for the person receiving the highest number of votes to enter upon the discharge of their duties after taking and subscribing an oath to faithfully discharge all their duties as mayor and councilmen, as the case may be. Mayor and councilmen appointed and election of successors. SEC. 3. That said corporation may have and use a common seal, shall be capable of taking, purchasing holding and selling property, real or personal, for any municipal purpose, and by that name may contract and be contracted with, may sue and be sued. Said mayor and council shall have all power necessary to pass ordinances not in conflict with the Constitution and laws of said State for the maintenance of good order, and for the suppression of disorder or vice of any kind whatever in said town, and for the proper police protection of the citizens of the town and government of same, and to appoint a marshal and such other police and town officers as may be necessary, and to remove them at any time for cause. That all males between the years of sixteen and fifty shall pay a street tax of three ($3.00)

Page 902

dollars per annum, and that said person taxed shall be given the privilege of working said tax out on the streets of Rockledge at the price of fifty cents per day. Corporate powers. SEC. 4. Be it further enacted, That said mayor and council shall have power to establish a mayor's court for the trial and punishment of offenders against the ordinances of the town, the punishment being limited to a fine not exceeding fifty dollars or imprisonment not eceeding thirty days, or to work upon the streets or public works of said town for any length of time not to exceed thirty days, at the discretion of the mayor, whenever the laws, rules or orders of the council or the ordinances of said town have been violated. Mayor's court. SEC. 5. Be it further enacted, That the sale of sprituous, malt and other intoxicating liquors shall never be licensed in said town, and the sale thereof shall be forever prohibited therein. Intoxicants. SEC. 6. That the mayor shall have full power to issue warrants, for any offense against the laws of this State committed within the limits of said town, and shall have power to compel the attendance of witnesses and to examine them under oath, and to admit any offender to bail, as provided by law, or to commit him to jail for violation of the laws of this State, and to admit to bail or commit to the guard-house for the violation of the ordinances of said town. Jurisdiction of mayor's court. SEC. 7. That the mayor and council shall have power to tax all shows, auctioneers, sleight-of-hand performances and gift enterprises in said town as they may deem just and proper. Special taxes. SEC. 8. That the mayor and council shall have power to prescribe fire limits in said town and to prescribe the plan of building and the kind of material to be used in the building of houses within said fire limits. Fire limits. SEC. 9. That the mayor and council shall have power and authority to do any and all things that are usually

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done by corporations of like character in this State which are not contrary to the Constitution and laws of this State, or the United States, or in conflict with this Act. General welfare. SEC. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. ROME, CHARTER AMENDED. No. 484. An Act to authorize the mayor and council of the city of Rome to aid in the establishment and maintenance of a public hospital in said city by donating or dedicating real estate, and by appropriating from the public funds of said city, or by either of said methods, and to provide a fund for the purpose comtemplated, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the mayor and council of the city of Rome are hereby authorized to levy and collect an annual tax, not exceeding one-twentieth (1/20) of one per cent. on the assessed value of real and personal property of said city, to be used for the establishment and maintenance of a public hospital in said city. Rome, tax for public hospital. SEC. 2. Be it further enacted, That said mayor and council shall have the right to donate or dedicate any real estate the city may own, for hospital purposes, under such regulations and limitations as they may deem for the best interest of the city. Donations for hospital.

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SEC. 3. Be it further enacted, That said mayor and council are hereby authorized and empowered to pass such ordinances, and in conjunction with other contributors make such rules and regulations for the control and management of such hospital as may seem to them for the best interest of the city. Control of hospital. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. ROME, CHARTER AMENDED. No. 388. An Act to amend the charter of the city of Rome, to increase the powers of the board of public works said city so as to invest said board with full power to fix the grades of the streets of said city, to pave the streets and to require lighting, telephone and telegraph companies to alter and adjust their poles and wires, and railroad and railway companies to alter and adjust their roadbeds and tracks in conformity thereto; to provide for payment of a part of the cost of paving by abutting property owners and by companies using or occupying said streets and to provide a method for assessing the relative part of said proportionate cost and its collection; to provide for the issue of certificates with liens on such property to be used in paying the cost of such proportionate part of such pavements for the benefit of such owners and companies occupying and using said streets as may desire such issue and use, and to provide for the sale and transfer thereof,

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and to empower the mayor and city council of Rome to enforce the orders of the board of public works by penal ordinances and to pass and enforce such ordinances as may be necessary for the speedy punishment of persons interfering with or damaging any part of the public works of said city; to create and maintain a fire department; to give the mayor and council power to prevent and remove encroachments upon its streets; and to abolish the police commission of the city of Rome, and to amend the Act amending the charter of the city of Rome approved Sept. 25, 1883; to change the boundary lines of said city and provide for defining the wards thereof, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. SECTION 1. On the completion of one or more Sections of pavement, between any one or more intersecting streets of said city the board of public works of said city shall ascertain the proportionate cost of said pavement, with or without including sidewalks, chargeable to abutting owners, public corporations or other persons occupying or using said streets, and certify the same to the mayor and city council of said city, and thereupon the mayor and city council shall likewise examine and if found correct approve the same, and shall cause its clerk to give written notice of the result to such abutting owners or public service corporations or other persons and the amount so assessed shall be and become immediately due and payable, a copy of which notice shall be served on the owner or occupant thereof by any officer of the city and return thereof made on the original, which original shall be kept in the clerk's office and recorded on the minutes together with the entry of service thereon, and the city shall proceed immediately to collect the same and pay the money over to the board of public works, to be paid out by them to contractors or transferees or for material or work on pavement account as they may direct. Rome, assessments for street improvements.

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SEC. 2. Such abutting owners, public service corporations or such other persons may at their election pay 1-4 of the amount assessed against them in cash immediately, and the remaining 3-4 in three equal annual installments with interest thereon at 7 per cent. per annum from the date of such notice; provided, that on default in the payment of any one of said installments, the remaining installments shall become immediately due and payable and may be immediately collected as herein provided. Assessments, how paid. SEC. 3. A special first lien is hereby created on and against the land of abutting owners and on and against the land and property of public service corporations and others for assessment so made against them and on failure to pay the full amount of such assessment in cash within thirty days after the service of said notice, the mayor and city council shall by its clerk cause executions to be issued against such abutting owners, public service corporations or others for the amount of such assessment or assessments bearing 7 per cent. interest from the date of such notice, but if such abutting owners, public service corporations or others shall elect to pay their assessment on the installment plan, then and in that event the clerk shall issue an execution for the unpaid installments, to be held in abeyance, subject to transfer to contractors or others as part payment of the contract price, or to be held by the city, should the city on any account be entitled thereto, but not to be levied or collected unless and until default shall be made in the payment of any one or more of said installments. Liens for assessments. All executions authorized to be issued under this Act or under any provision of the charter of the city of Rome relating to the subject-matter herein referred to shall be levied and collected as other tax executions in favor of said city are now levied and collected. SEC. 4. The clerk of the city council may, by direction of the board of public works transfer said executions to

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contractors or others by suitable entry thereon, and they may be then docketed as State and county tax executions are docketed, when transferred, under the laws of this State and the liens herein created thereby preserved. In the payment of all installments said executions shall be fully satisfied by the holder thereof. Transfer of executions for assessments. SEC. 5. Should any abutting owner, public service corporation or other person desire to contest the amount of their assessment, or the legality of any proceeding growing out of or connected with the pavement of the streets of the city they may do so by injunction as provided by Sections 4924, 4925, 4926 of the Code of Georgia of 1895 and amendments thereto; provided, no temporary restraining order or permanent injunction shall be granted unless and until such contestant shall first pay to the city the full amount with interest thereon admitted by him or it to be owing and these facts shall be fully stated in detail in the petition for injunction and verified by the applicant on oath, nor shall such proceeding hinder or delay in any way the grading, the preparation for, or the paving of the streets of the city, and if any material is required to be furnished, or if any work is required to be done according to the plan and specifications of the consulting engineer of the board of public works by any abutting owner, public service corporation or other person and if such owner, public service corporation or other person has or shall refuse after thirty days notice to the same, then and in that event the board of public works may proceed to furnish such material and do or have done any and all such work and a first lien is hereby created on the land of such abutting owners and on the property of such public service corporations or other person for the cost thereof and on the approval of the report of said board of the cost thereof by the mayor and city council the clerk of said council shall immediately issue an execution against such land or property and against such abutting owner, or public service corporation or other person and the same shall

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be immediately levied and collected as herein provided for the collection of other executions and the board reimbursed for the full amount of such cost including court cost and the expense of litigation. Provided further, that all such injunction suits shall be returnable to the term of Floyd superior court then in session or if the court is not open, to the next term and the trial of such cases if they should go to the jury shall be preferred, as near as may be to all other civil suits in said court. Assessments, how contested. SEC. 6. The method herein provided for the collection of the proportionate parts of paving accounts, from any and all persons and corporations liable therefor, in favor of contractors or other transferees of executions is for their use and benefit and shall not be held or taken in any event to make the city liable on account thereof or for court cost in contested cases or in any claims. Liability of city. SEC. 7. The clerk of the city council may transfer and assign without recourse on the city or the board of public works any execution or executions issued under this Act or under the Act of August 22, 1907, creating the board of public works, for the city of Rome, and in that event the owner of such executions shall be entitled to any and all the remedies herein provided for the levy and collection of such executions by and through the officers of the city as if no such transfer or transfers had been made. Executions for assessments under Act of 1907 transferable. SEC. 8. Be it further enacted, That the mayor and city council of Rome are authorized and empowered to pass and enforce by ordinance by fine not exceeding $500.00 or imprisonment not exceeding six months or by work upon the public streets or other public works of said city not exceeding six months any one or more of said penalties the by-laws and orders of said board of public works and also in like manner to provide for the punishment of any and all persons trespassing upon or injuring or in any way interfering with any of the public works of said city.

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SEC. 9. Be it further enacted by the General Assembly of the State of Georgia, That the mayor and council of the city of Rome be authorized to create, maintain and regulate a paid fire department upon such terms and conditions as they may think proper; to declare such rules and regulations as they may deem necessary for the proper government of same. The chief and firemen, towit: H. C. Harrington, chief; J. A. Sharp, Jr., James I. Dempsey, T. G. Austin, A. W. Davis, M. N. Talbot, J. A. Wyatt, A. A Burnett, Seaburn W. Sharp, Jr., Ray M. Tippen, Chas. E. Gillian, W. J. May, George T. Sharp, Sam D. Long, B. D. Harless, W. F. Miller, Marion Johnson, Sam Taylor, J. L. Guinn, W. H. Taylor, Frank C. Holtzclow, who have been elected by council shall hold their office for a term of six years, subject to be removed for cause in the discretion of council. Salaries of the chief and firemen shall be fixed annually. Any vacancy shall be filled by the mayor and council as soon as possible after the notification of said vacancy. Fire department. The mayor and council shall have the power and authority to purchase such equipment and apparatus as they may deem necessary to be paid for by warrant drawn on the city treasurer. SEC. 10. Be it further enacted, That the mayor and council of the city of Rome shall have full power and authority to make such ordinances, by-laws, rules and regulations as they may deem necessary, fully and effectually to prevent encroachments on any of its streets, sidewalks, and alleys, and to remove such as now exist, and such as may hereafter exist, as in their opinion the good order and welfare of said city and its inhabitants may require, the expense of removing the same shall be paid by the party so making the encroachment to be collected as may be provided by ordinance of said city. Street encroachments. SEC. 11. Be it further enacted, That Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 of the Act of the General Assembly of Georgia, approved August 20, 1906,

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being an Act to amend the charter of the city of Rome, be and are hereby repealed, and the appointment and control of all policemen, marshals and deputies vested in the mayor and council of the city of Rome. Control of police force. SEC. 12. Be it further enacted, That Section 87 of the Act approved September 25, 1883, consolidating, amending and codifying the Acts incorporating the city of Rome be amended by adding the word change between the words to and extend, and by changing the words and between the words extend and enlarge to the word or in the 4th line of said Section. Act of 1883 amended. SEC. 13. Be it further enacted, That all lands now embraced in the corporate limits of said city be and the same are hereby withdrawn from the jurisdiction and corporate limits of said city that lie east and south of the following boundary lines, to-wit: Beginning at the center of the mouth of the first branch on the south side of the Etowah river above the bridge on Second avenue, thence following said branch south and east to the north side of Division street, thence along the north side of Division street to the east side of Gordon street, thence following the present boundary line of said city to the east side of Dean street, thence along the east side of Dean street to the south side of Union street, thence along the south side of Union street to the west side of Spring street, thence north along the west side of Spring street to the west side of Spring Creek street, thence along the west side of Spring Creek street to the right-of-way of the Central of Georgia Railway company. Corporate limits. The mayor and council shall have power and authority to lay out, designate and define, change or alter the boundary lines of the various wards of the city. SEC. 14. Be it further enacted, That all laws relating to said city and the said board of public works shall be and remain of force and only such laws and parts of laws

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as are in conflict with this Act shall be and the same are hereby repealed. Existing laws. Approved August 11, 1908. ST. MARY'S, CHARTER AMENDED. No. 368. An Act to amend the charter of the mayor and aldermen of the city of St. Mary's, and add to its powers and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the charter of the mayor and aldermen of the city of St. Mary's be and is hereby amended and its powers increased by providing for a system of education as set out in the following Sections. St. Mary's, charter amended. SEC. 2. Be it further enacted, That there be and there is hereby established a system of public schools in and for said city of St. Mary's, Camden county, Georgia, to be conducted, maintained and supported as hereinafter provided. Public schools. SEC. 3. Be it further enacted by the authority aforesaid, That there be, and the same is hereby created a board of education for the city of St. Mary's, under the incorporate name of The Board of Education of the City of St. Mary's, to be vested with corporate authority in its corporate name, to sue and be sued, plead and be impleaded, to have, own, and use a corporate seal, and do all other acts relating to its corporate capacity. Board of education.

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SEC. 4. Be it further enacted by the authority aforesaid, That said board of education shall consist of the following named five persons: J. H. Banks, W. H. Mullin, J. R. Bachlott, Will Bealy and D. P. Rose, who shall hold office for a term of one, two, three, four and five years, in the order named from the second Monday in September, 1908, and until their successors are elected and qualified. All members shall be citizens of St. Mary's, qualified to vote therein. As the term of each of the above named persons expire his successor shall be elected by the mayor and aldermen of the city of St. Mary's for a term of five years, and any vacancies occurring on said board of education for an unexpired term shall be filled by the said mayor and aldermen. Members of board appointed, election of successors. SEC. 5. Be it further enacted by the authority aforesaid, That all other officers of said board shall be elected by said board and shall hold office at its pleasure. Said board shall serve without compensation except a secretary and treasurer thereof, who shall receive such compensation as the board may deem proper. Officers of board. SEC. 6. Be it further enacted by the authority aforesaid, That said board of education is hereby directed, authorized and empowered to operate, conduct and control said system of public schools, and to do and perform all necessary acts; and to devise, design and adopt all necessary means and ways for the proper support, operation and maintenance of the same; in addition to the regular common school course, to adopt such course, including primary grammar and high school as they may deem proper; to prescribe the curriculum in said schools; to appoint and employ teachers and superintendents in said schools; and to fix their salaries; to make and adopt such rules, by-laws and regulations for their own government and that of the superintendent and teachers and pupils as they may deem proper; to receive by purchase, gift or otherwise all property, both real and personal as may be by them deemed proper or necessary; to

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contract and be contracted with; and to do all and every other act or acts as are, or may be necessary for the proper support, maintenance and operation of said system of schools. Powers of board. SEC. 7. Be it further enacted by the authority aforesaid, That said board of education shall provide separate schools for the white and colored children under this Act, and all children between the ages of six and eighteen years, whose parents or guardians are bona fide residents of the city of St. Mary's, shall be entitled to the benefits of said school under such regulation as said board may provide, and said board may provide for the admission of all children to the white and colored schools respectively whether residents of said city of St. Mary's or those who reside out of said city into said schools, upon the payment of such rates of entrance fees or for tuition as said board may provide. Separate schools for white and colored children. SEC. 8. Be it further enacted by the authority aforesaid, That said board of education shall keep regular minutes of all its proceedings, and said minutes shall at all times be open to the inspection of the city council of the city of St. Mary's; that said board shall at or before the beginning of each scholastic year, furnish the city council of St. Mary's with a written estimate of the funds necessary for the support, education, operation and maintenance of said system of public schools for the ensuing year, and at the end of each scholastic year said board shall submit to said city council a report of all amounts received and disbursed by said board during said year, with such other information and recommendation as said city council may deem proper, and said board is hereby required to make all other reports as are now, or may be hereafter required of them under the law of the State of Georgia. Minutes and reports of board. SEC. 9. Be it further enacted by the authority aforesaid, That the city of St. Mary's be, and it is hereby authorized, required and empowered upon request or

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recommendation of said board of education to levy and collect as other taxes are collected, a special tax upon all the taxable property of said city, not exceeding three-tenths of one per cent. in addition to all other city taxes now authorized, and said special tax shall be known as the School Tax and paid over to said board of education, to be used for school purposes only as the needs of said school may require. School tax. SEC. 10. Be it further enacted by authority aforesaid, That no bill or charge of any character contracted or made for the maintenance or support of said schools shall be paid, approved or audited for payment except at regular meetings of said board of education, at which time such bill or charge shall be attested by the chairman and signed by the secretary of said board and when so approved, and signed shall be presented to the proper officer of said board, who will thereupon be authorized to pay the same. Disbursements of school funds. SEC. 11. Be it further enacted by authority aforesaid, That no term of said schools shall be for a period less than five months or more than ten months in each year. Scholastic terms. SEC. 12. Be it further enacted, That the mayor and aldermen of the city of St. Mary's be and they are hereby vested with full power and authority to make such assessments and lay such taxes on the inhabitants of said city and those who hold taxable property within the same and those who transact or offer to transact business therein as said corporate authorities may deem expedient for the safety, benefit, convenience and advantage of said city and may enforce the payment of such assessments and taxes in such manner as said mayor and aldermen may prescribe. Besides real and personal property the mayor and aldermen may tax capital invested in said city, stocks in money corporations, choses in action, income and commissions derived from the pursuit of any profession, faculty, trade or calling, dividends, bank, insurance,

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express and other agencies, and all other property or sources of profit not expressly prohibited or exempted by State law or competent authority of the United States. School tax. SEC. 13. 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. Approved August 15, 1908. SHELLMAN, CHARTER AMENDED. No. 341. An Act to amend the charter of the town of Shellman (formerly Ward) in Randolph county, Georgia, as enacted and amended by the Georgia laws. The Act approved Sept. 5, 1883, found on pages 318, 319 and 320 of the Georgia Laws, 1883. Act approved Oct. 6, 1885. The Act approved Sept. 26, 1889. All other amending Acts. So as to increase the size of the incorporate limits, enlarge the power of its officers, alter their qualifications, provide for collecting taxes, licenses, punishing offenders, providing for liens for water and lights, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the charter of the town of Shellman, as found in the Georgia Laws 1882-3, page 318, approved Sept. 5, 1883; Act No. 136, Georgia Laws 1884-5, page 387, approved Oct. 6th, 1885; Act No. 255, and Georgia Laws 1889, approved Sept. 26, 1889, on page 836, Act No. 318, and amendments thereto, be and the same is hereby amended

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in the following particulars: Omitting Section 3 and changing the numbers of Sections. Shellman, charter amended. 1. Section 4 of Act of 1882-3 is hereby amended by adding after the words the corporate limits thereof, the following words, and has resided within the corporate limits at least thirty days continuously prior to any election in which they desire to participate. Also by adding after the word State in the 11th line of said Section 4 the following words: The managers of said election shall consolidate the returns, and file their certificate with the clerk of council, showing the names of the respective candidates and the number of votes received by each, and shall seal up the tickets, tally sheets and list of voters and deposit same with the clerk of council to be preserved for thirty days. By changing the word in the last line of said Section from hereinafter, to heretofore, and by adding at end of said Section the following the mayor and council may at any time provide for the registration of voters, and may provide books for such purpose and no voter shall be entitled to vote unless he has registered and the laws that relate to the general registration law shall prevail in the town of Shellman's registration list, in so far as is applicable. Elections. Registration of voters. 2. Section 6 is hereby amended by adding after the word town in line three of said Section, the words and its general welfare. After the word therein in line four of said Section, by adding to same the following: they may establish fire limit, in which they shall have the right to prohibit the erection of any structure of any kind or character that is not of stone, brick or iron; and they may pass ordinances requiring parties who have erected buildings which are not of stone, brick or iron, to remove same, and shall have power to remove or raze said buildings by their own agents at the expense of the owner. Said mayor and council may pass any rules, ordinances or regulations relating to the public

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health, morals, and police power necessary to the good government of the town. Fire limits. 3. By adding to the end of Section 7, the following: Said mayor and council may as soon after they are qualified as convenient, fix all licenses, business and occupation taxes, and may provide for collecting same by execution or imprisonment. They may provide rules and regulations for the control of all animals upon the street, and may punish the owners thereof for failure to observe said regulations. Special taxes. 4. By adding to the end of paragraph 8, the following: he shall have power to punish in the same manner for refusal or failure to observe any of the ordinances of said town. Offenders. 5. By striking from paragraph 9 the following: who may be one of their own number from lines 3 and 4, and the words from their own number in line 5. 6. By striking from Section 10 the following: not receive any salaries, and substituting the following: The members of council shall receive one dollar each for attendance on each meeting of council. When any member fails to attend he forfeits his pay for such meeting. By striking one in the third line of Section 10, and substituting the word two preceding hundred. Compensation of councilmen. 7. By striking the word like before the word enterprises in the fourth line of Section 11, and adding immediately after said word enterprises, the following of any kind of character. SEC. 2. By changing the orthography of the word Shellman in the Act of 1885, changing the spelling of Schellman, to Shellman wherever same may appear on page 387 of said Georgia Laws of 1885. Shellman. SEC. 3. By striking out the words one-half, and substituting the words three-quarters of a in the Acts of 1889, page 836 of Georgia laws 1889, line 5 of said Act, Section 1.

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SEC. 4. By adding to said charter the following: Said municipality may own and operate waterworks, electric light plants, and any other public utilities, or may lease, rent, or otherwise secure such service. Said municipality shall have a lien on the real estate improved by the wiring or piping of same, which may be enforced in the same manner that mechanical liens are enforced in Georgia. Said municipality shall have the right to refuse to furnish service of any public utilities to any citizen who may owe for past service, due and unpaid, and shall have a lien for service rendered. Public utilities. SEC. 5. Said municipality of Shellman shall have the right of eminent domain, and shall have the right to condemn property, open, widen and grade streets, on and over the property of any one in the town of Shellman. Condemnation. SEC. 6. Said municipality shall have all of the rights, powers, and privileges, provided by the general laws of Georgia to municipalities of said State, including the right to have assessor for both real and personal property. Statutory powers. SEC. 7. So that said charter when amended shall read as follows: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Shellman in the county of Randolph be and the same is hereby incorporated under the name of the town of Shellman. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of mayor and council of Shellman, they may sue and be sued, plead and be impleaded, and exercise all other corporate powers, that may be necessary in performing their duties. Shellman, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend three quarters of a mile in every direction from the

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depot of the Southwestern railroad in said town (now known as the Central of Georgia). Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, That on the second Tuesday in January, 1884, and every two years thereafter on the same day, an election shall be held in the council chamber of said town for a mayor and five councilmen, who shall hold their offices for a term of two years, and until their successors are elected and qualified; but none shall vote for, or be eligible to the office of mayor or councilmen of said town, who does not reside within the corporate limits thereof, and has resided within the corporate limits at least thirty days continuously, prior to any election in which they desire to participate, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as election for county officers in this State. The managers at said elections shall consolidate the returns, and file their certificates with the clerk of council, showing the names of the respective candidates and the number of votes received by each, and shall seal up the tickets, tally sheets and list of voters and deposit same with the clerk of council to be preserved for thirty days, and the certificate of the managers shall be sufficient authority for the persons elected to enter on the discharge of the duties of the office to which they have been elected. In the event that the office of mayor, or any member of council, shall become vacant by death, resignation, removal or otherwise, the mayor, or in case his seat is vacant, a majority of aldermen shall order a new election, notice of which shall be given at lest twenty days before said election is held, and the same to be conducted as heretofore provided. The mayor and council may at any time provide for the registration of voters, and may provide books for such purpose, and no voter shall be entitled to vote unless he has registered, and the laws that relate to the general registration law

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shall prevail in the town of Shellman's registration list in so far as is applicable. Election of mayor and councilmen. SEC. 4. Be it further enacted, That before entering on the discharge of their duties, the mayor and councilmen shall subscribe the following oath, which may be administered by any person authorized to administer oaths: I do solemnly swear that I will faithfully discharge all of the duties devolving on me as mayor (or councilmen as the case may be) of the town of Shellman, Randolph county, according to the best of my ability and understanding, so help me God. Oath of mayor and councilmen. SEC. 5. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town and its general welfare, and the protection of property from loss or damage by fire therein; they may establish a fire limit in which they shall have the right to prohibit the erection of any structure of any kind or character that is not of stone, brick, or iron; and they may pass ordinances requiring parties who have erected buildings which are not of stone, brick or iron, to remove same, and shall have power to remove or raze said buildings by their agents, at the expense of the owner. Said mayor and council may pass rules, ordinances or regulations relating to the public health, morals and police power necessary to the good government of the town; provided, they be not repugnant to the Constitution and laws of this State and the United States. Corporate powers. SEC. 6. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax of not exceeding one-half of one per cent., upon all property both real and personal, within the corporate limits of said town, and same may be enforced by the execution and levy and sale of property as in the case of sales of property liable for Stable and county taxes; all levies of tax executions to be by marshal or his

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deputy and to be conducted as sales by the sheriffs of this State in case of levy of tax executions. They shall also have power to require those within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Said mayor and council, may as soon as they are qualified, as convenient, fix all licenses, business and occupation taxes, and may provide for collecting same by execution or imprisonment. They may provide rules and regulations for the control of all animals upon the streets, and may punish the owners for failure to observe such regulations. Taxation. SEC. 7. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from their own number), shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and cost imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guard-house of said town not exceeding thirty days, or require such offender to work upon the streets of Shellman not exceeding thirty days at hard labor. He shall have power to punish in the same manner for refusal or failure to observe any of the ordinances of said town. Powers and duties of mayor. SEC. 8. Be it further enacted, That said mayor and councilmen at the first meeting after their election shall

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elect a clerk, a treasurer, a marshal and deputy if necessary, all of whom shall be citizens of said town. From all of these officers shall be taken a bond for each, in such sums as the council may require, to be approved by the mayor, conditioned for the faithful discharge of their duties. They shall also take and subscribe an oath before said mayor that they, each of them will well and faithfully discharge their respective duties as clerk, treasurer or marshal, as the case may be, to the best of their skill and knowledge. Officers. SEC. 9. Be it further enacted, That the mayor shall receive such compensation for his services as the members of the council may prescribe, the same not to exceed two hundred dollars per annum. The clerk, treasurer, marshal and deputy marshal shall receive such annual salaries as the council may deem just and proper. The members of council shall receive one dollar each, for attendance on each meeting of council, but failure to attend forfeits pay for such meetings; but members shall be exempt from street tax during the continuance of their official term. Salaries. SEC. 10. Said municipality may own and operate waterworks, electric light plants and other public utilities, or may lease, rent or otherwise secure such service. Said municipality shall have a lien on the real estate improved by the wiring or piping of same, which may be enforced in the same manner that mechanics liens are enforced in Georgia. Said municipality shall have the right to refuse to furnish service of any public utilities to any citizen, who may owe for past service, and shall have a lien for service rendered. Public utilities. SEC. 11. Be it further enacted, That said mayor and council shall have power and authority to tax all shows, auctioneers sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and other enterprises of any kind or character, or entertainments

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of any kind, as they may deem most to the interest of said town. Said municipality of Shellman shall have the right of eminent domain, and shall have the right to condemn property, open, widen and grade streets, on and over the property of any one in the town of Shellman. Specific taxes. Streets. SEC. 12. Be it further enacted, That the manufacture or sale of spirituous, vinous, malt or intoxicating liquors of any kind and of any quantity shall be and is hereby prohibited and forbidden within the corporate limits of said town, and any person violating this clause of this Act, shall be deemed guilty of a misdemeanor, and be subject to indictment by the grand jury of said county, and on conviction shall be punished as is prescribed in the Criminal Code of Georgia, for misdemeanors. Intoxicants. SEC. 13. Be it further enacted, That lands used and cultivated exclusively for farming purposes, which may be situated within the corporate limits of said town, shall not be subject to taxation by said corporation, and all farm implements and stock used exclusively for farm purposes shall not be subject to taxation by said corporation. Farms and farm implements and stock exempt. SEC. 14. Be it further enacted, That said municipality shall have all of the rights, powers and privileges, provided by the general laws of Georgia to municipalities of said State, including the right to have assessors for both real and personal property. Statutory powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved July 30, 1908.

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SPREAD, TOWN OF, PUBLIC SCHOOL SYSTEM. No. 418. An Act to authorize the establishment and maintenance of a system of public schools for the town of Spread; to provide for its regulation, support, and control, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be established in the town of Spread, in said State, a system of public schools, to be organized, conducted, maintained, and provided for, in the manner hereinafter set forth, the corporate authorities of said town of Spread having so recommended, as provided in Article 8, Section 4, paragraph 1, of the Constitution of said State. Spread, public schools. SEC. 2. Be it further enacted, That the following named persons, to-wit: J. T. Neal, Jr., W. E. McNair, W. S. Boyd, H. S. Stapleton, C. D. Norris and David Denton are hereby made the board of education for said town, and shall enter upon their duties as such, as soon as this Act is approved by the qualified voters of said town, as hereinafter provided for. Board of education appointed. SEC. 3. Be it further enacted, That the term of office of the first two of said board shall expire on first Wednesday in January, 1909, the next two on first Wednesday in January, 1910, and the next two on first Wednesday in January, 1911, in the order of their names as above written in Section 2 of this Act; and their successors shall be elected by the qualified voters of said town in an election held on the first Wednesday in January of each year, said election to be held at the same time and place, and in the same manner, as the election of mayor

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and councilmen for said town, and the term of office shall be for three years. In case of any vacancies otherwise than by expiration of term of office, said board shall elect members to fill said vacancies at the next meeting of the board after such vacancies occur, or as soon as practicable. No person shall be a member of the board who is not a bona fide resident of the town. Election of successors. Vacancies. SEC. 4. That officers of said board of education shall be president, vice-president, secretary and treasurer, and superintendent of schools; and that no member of said board shall receive any compensation for his services, except the secretary and treasurer, who shall not receive more than twenty-five ($25.00) dollars per annum, to be fixed by the board. The treasurer shall give such bond as the board may deem sufficient for the faithful discharge of his duties, said duties to be designated and prescribed by the board. The principal of the white school shall be the superintendent of public schools of said town. The said board of education shall hold monthly meetings at the white school building on the first Wednesday, to transact such business as may be necessary to properly carry on the schools. Officers of board. SEC. 5. That the town council is hereby authorized, empowered, and required to levy each year a special tax for the support of said schools as the board of education may recommend, not to exceed one-half of one per cent. on all property in said town, subject to taxation by said town; to collect the tax and promptly pay it over to the treasurer of the board of education to be used only in equipping, supporting, and improving the public schools of said town; said special tax to be collected when the regular town tax is collected. School tax. SEC. 6. Be it further enacted, That after the ratification of this Act by the election hereinafter provided for, it shall be the duty of the county school commissioner of Jefferson county, and he is hereby required, to pay

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over to said board of education of the town of Spread that portion of public school fund of said county to which the schools of said town are entitled under the laws of Georgia, and the rules of distribution under which the board of education of the county apportions to the schools of the county their pro rata share of the school funds, under existing laws. Pro rata part of school fund. SEC. 7. Be it further enacted, That there shall be established schools for not less than seven nor more than nine scholastic months in each year, the length of the term to be in the discretion of the board. The curriculum in said schools shall be only such as is taught in the system of public schools maintained by the State, except that the board may provide for a higher cirriculum to be paid for by the patrons who may send pupils desiring to be taught in said higher curriculum. There shall be one, and only one, school for the white children, and only one school for colored children in said town. Children of non-residents and such others as may not be entitled to the benefits of these schools may be admitted upon such terms as may be prescribed by the board of said town; said terms not to be in conflict with the laws of this State. Scholastic year, etc. SEC. 8. Be it further enacted, That no person shall be employed as teacher in any of the schools of said town, who is not licensed by the county board of education of Jefferson county, or whose license from the county board of some other county in Georgia has not been approved by the county board of education of Jefferson county. That the board of education of said town shall have power to employ teachers; to suspend or remove teachers or superintendent; to fix their compensation; to provide school-houses by renting, building, or otherwise, to make and hold title to such property; to make such rules and regulations for the government of themselves and the said schools, as they may deem proper, not in conflict with the laws of this State. Teachers.

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SEC. 9. Be it further enacted, That in case any school property acquired by said board of education of said town, under any of the provisions of this Act or otherwise, be sold, the fund derived from such sale shall be reinvested in other property to be used for school purposes. School property. SEC. 10. Be it further enacted, That the said board of education of said town shall require the superintendent of the schools of said town to make such reports to the county board of education of Jefferson county as said board may deem necessary, as to enrollment, average attendance, and attendance of pupils outside of the corporate limits; said reports to be approved by the board of education of said town. Reports [Illegible Text] Board. SEC. 11. Be it further enacted, That before this Act shall become operative, its adoption shall be submitted to the legally qualified voters of said town of Spread, for which purpose the mayor of said town shall, within thirty days after its passage and approval by the Governor of the State, order an election, of which ten days notice shall be given by posting at the postoffice of said town, which notice shall give time, place, and purpose of said election, and which election shall be held under the same rules and regulations as the election of mayor of said town of Spread. At said election of adoption, those favoring the adoption of this Act shall have written or printed on their ballots the words, For Public Schools, and those opposed to its adoption shall have written or printed on their ballots the words, Against Public Schools. And if it shall appear that two-thirds of the qualified voters, actually voting, in said election, have cast their ballots for public schools, this Act shall be declared adopted and become operative. Should said election be against public schools, the board of education of said town of Spread, by giving notice ten days, as herein provided, may submit the question again at any time after the expiration of six months

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from first election, and may continue to hold said elections every six months till this Act is adopted. Election for public schools. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1908. SYLVANIA, PUBLIC SCHOOL SYSTEM. No. 570. An Act to establish a system of public schools for Sylvania, Georgia; to define the boundaries of the same; to provide for a board of education; to empower said board of education; to levy and collect a tax for the support and maintenance thereof; to authorize the county school commissioner of Screven county to pay over to said board of education such part of the State fund as may be the pro rata share belonging to Sylvania, and to confer upon said board other powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the management and control of all schools in the city of Sylvania shall be vested in five men, who shall constitute a board of education of the city of Sylvania and by that name and style shall have perpetual succession, a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any property, real or personal, of whatever kind or character within

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the jurisdictional limits of the said city of Sylvania; and shall by said name be capable of suing and being sued in any court of law or equity in this State. Sylvania, board of education incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said school district shall be the same as the corporate limits of the city of Sylvania. Corporate limits of school district. SEC. 3. Be it further enacted by the authority aforesaid, That W. S. Cooper, J. J. B. Morel, M. M. Hobby, S. F. Cooper and G. M. Overstreet shall be and constitute a board of education for the said city of Sylvania; the term of the first shall expire on the first day of January, 1910, and the others, one each annually thereafter in the order of their names above, and in case of vacancy by death, resignation, removal from the city of Sylvania, or otherwise, except by expiration of term of office, the mayor and council of said city of Sylvania shall elect a member to fill said vacancy at their first meeting after said vacancy occurs, or as soon thereafter as possible. Any member of said board so elected by said mayor and council to fill a vacancy shall only hold his office until the first Thursday in the following January, at which time such vacancy shall be filled by an election to be held as the election for the vacancy to be filled at that time by a retiring member or whose term expires on such first Thursday. On the first Thursday in each year, at the same time of the election for mayor, councilmen and recorder for the city of Sylvania, there shall be elected a member of said board of education to fill the place of the member whose term of office shall expire on said date, and the managers of said election shall prepare and have separate ballots, ballot boxes and lists from those of the other city officials. But said election shall be held at the same time, place and under the same rules and regulations and by the same managers. In any election for members of said board of education, all qualified voters in said school district

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shall be allowed to vote. No one shall be eligible to be elected as one of the board of education for the city of Sylvania who is not a resident of the city of Sylvania, and a qualified voter thereof. Members of board appointed; election of successors. SEC. 4. Be it further enacted by the authority aforesaid, That said board of education shall organize by electing a president, vice-president, secretary and treasurer from their own number, and no member of said board shall receive compensation for his services except the secretary and treasurer, whose compensation for his services shall be fixed by the board. The treasurer shall give good and sufficient bond to faithfully account for all funds placed in his hands. Officers of board. SEC. 5. Be it further enacted by the authority aforesaid, That said board of education shall have the power to design and adopt a system of public schools for the said city of Sylvania, to elect a superintendent and employ teachers for the same, to suspend or remove teachers or superintendent, to fix their compensation, to provide school-houses, by rent, building, purchase or otherwise, to make and hold title to such property, to receive gift, bequests, and hold the same for the benefit of said school or schools, and to make such rules for the government of themselves and said schools as they may deem proper and not in conflict with the laws of this State; and to do any and all things promotive of the best educational interests of said city of Sylvania, not in conflict with the provisions of this Act or the laws of this State. Powers of board. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be established and maintained for such time in each year that said board of education may prescribe, under the provisions of this Act, one and only one school for white children; one and only one school for colored children; no white child shall be admitted in the school established for colored children and no

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colored child shall be admitted into the school established for white children. All children entitled to the benefit of public schools under the laws of this State, and whose parents, guardians, or natural protectors bona fide reside within the corporate limits of said district, shall be admitted into the aforesaid school upon the payment of such admittance fee as the board of education may deem necessary. Children of non-residents, and such others as may not be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by the board of education, not in conflict with the laws of this State. Separate schools for white and colored children. SEC. 7. It shall be the duty of the board of education of Screven county or the county school commissioner of said county to annually turn over to the board of education of the city of Sylvania the amount of the public school fund to which said city shall be entitled. The amount so turned over shall be in the same proportion to the entire school fund of Screven county that the number of pupils residing in the city of Sylvania entitled to the school fund shall bear to the entire number of pupils residing in all of Screven county entitled to said school fund. This ratio and proportion shall be ascertained by the census taken each four years by the board of education of Screven county as at present provided by law, or as may hereafter be provided by law. And said board of education of Screven county is hereby required to so take said census as to be able to properly arrive at the number of pupils residing in the city of Sylvania as well as those residing in all of Screven county. Pro rata share of State school fund. SEC. 8. Be it further enacted by the authority aforesaid, That as early as possible after the ratification of this Act, and not later than the first day of September of each succeeding year, the board of education shall determine what amount of money will be necessary to raise by taxation to defray the expenses of said schools

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for the ensuing scholastic year, and said board shall, through its officers, be required to levy and collect said tax; provided, said amount does not exceed three-tenths of one per cent. of the taxable property of said district, in the same manner as other taxes of said city of Sylvania are levied and collected, and shall be assessed upon the same property and in the same amount as the city council of Sylvania assesses. Said taxes when collected shall be turned over to the said board of education and together with the amount received from the public school fund, such admission or tuition fees as may be collected, and any other fund that may be placed in their hands for that purpose, shall constitute a fund to be expended only by order of the board of education in defraying the expenses necessary for the carrying on of said schools. School tax. SEC. 9. Be it further enacted by the authority aforesaid, That after the ratification of this Act, said board of education of Screven county shall not establish any-other schools, grant any license to, or contract with any person to teach a school of any character in said city of Sylvania, nor shall any of the State school fund be paid to any other school or schools in said city of Sylvania, other than the schools herein provided for. Other schools. SEC. 10. Be it further enacted by the authority aforesaid, That in case any school property acquired by said board of education, under any of the provisions of this Act or otherwise, be sold, the funds derived from said sale shall be reinvested in other property to be used for school purposes. School property. SEC. 11. Be it further enacted by the authority aforesaid, That said board of education of the city of Sylvania shall have absolute control over said schools and shall be authorized and it shall be their duty to protect and care for all of the property belonging to said school,

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in any manner that they may deem to the best interest or improvement of the same. Control of schools. SEC. 12. Be it further enacted by the authority aforesaid, That for the purpose of ascertaining whether or not this Act shall go into effect, the mayor and council of the city of Sylvania shall call an election to be held at the courthouse in the city of Sylvania, at the office now occupied by W. L. Matthews, N. P., [Illegible Text] justice of the peace of the 34th G. M. district of Screven county, to be governed by the rules usually applying to elections in said city of Sylvania, after giving notice of said election once a week for two weeks in the Sylvania Telephone, a newspaper of general circulation in Screven county, and which notice shall specify the time, place and purpose of holding said election, at which election all qualified registered voters of the city of Sylvania shall be allowed to vote. Those voting in favor of public schools, shall have written or printed on their ballot, For Public Schools and those voting against public schools, shall have written or printed on their ballot Against Public Schools, and if two-thirds of the said voters voting in said election vote for public schools this Act shall become operative. For the purpose of ascertaining the number of qualified voters in said city of Sylvania, said mayor and council shall cause to be opened a registration book; the said registration book shall be kept open at the office of recorder of the city of Sylvania, between the hours of 8 a. m., and 4 p. m., each day for fifteen days, for the registration of voters, prior to the holding of said election, said recorder is hereby given full power and authority to administer the proper oath to any one desiring to register, and to register the same upon their proper qualification. At the expiration of said fifteen days, said book shall be closed and it shall then be the duty of said mayor and council of the city of Sylvania to judge said list of registered voters and to strike therefrom all names that

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would not be qualified to vote for State and county officers. Provided, no name shall be stricken from said list until after said mayor and council have given said voter one day's notice of the time and place of hearing any objections to his right to vote; said mayor and council shall make out and certify and furnish to the election managers a correct list of the qualified voters of said Sylvania school district, on or before the day of said election; and only two-thirds of the qualified registered voters shall be required to ratify and put this Act in operation; and the said registration list shall be a guide as to who are qualified to vote at the said election. Election for public schools. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved August 17, 1908. TEMPLE, CHARTER AMENDED. No. 427. An Act to amend an Act of the legislature incorporating the town of Temple in the county of Carroll, approved November 23rd, 1901, so as to make the corporate limits of said town two miles north and south and two miles east and west, the depot of the Southern Railway Company in said town being the center thereof. SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That, from and after the passage of this Act, the Act of the legislature incorporating the town of Temple in the county of Carroll, approved

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November 23rd, 1901, be and the same is hereby amended by striking out all of Section 4 of said Act after the enacting clause and inserting in lieu thereof the following: That the corporate limits of said town of Temple in the county of Carroll shall be two miles north and south and two miles east and west, the depot of the Southern Railway Company in said town being the center of the corporate limits thus formed. Temple, charter amended. Corporate limits. SEC. 2. 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. Approved August 14, 1908. UNION CITY, INCORPORATED. No. 562. An Act to incorporate Union City, in the county of Campbell, State of Georgia, to provide for a mayor and council, and to prescribe their qualifications, terms of office and manner of election; to confer on said mayor and council certain duties, powers and privileges; to provide for all elections necessary for the purpose herein; to locate voting places and methods of elections and to designate the qualifications of voters; to provide for the government of said city and to regulate the police and officers thereof their term of office, salaries and duties; to fix the salaries of all other officers, to make all contracts of Union City valid and binding for or against Union City and to vest in Union City the title of all property owned by said city, to define the corporate limits of Union City and its location, to provide for public improvements

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of said city; to provide for the laying out and opening up of streets, sidewalks, alleys, driveways and other public grounds and for the maintenance of the same, to authorize the condemnation of private property according to law for the purposes of such streets, sidewalks, driveways and alleys, or for other public purposes; to provide for the issuing of bonds for public improvements and to provide how, when and under what conditions, in what way, and for what amount said bonds may issue, to provide for the payment of said bonds and for the levy of taxes for that purpose; to provide for the assessment and collection of taxes for general purposes upon all kinds of property and business herein, to provide for the enactment of all necessary ordinances and the enforcement thereof, to provide the manner of collecting taxes of all kinds including street taxes; and for the appointment of tax assessors, prescribing their duties and powers, and for other purposes incidental to the government of said Union City; to establish a system of public schools in Union City, Campbell county, Georgia, and to provide for the maintenance and support of same by local taxation and otherwise, to provide for the government of same, to provide for a board of education for said public schools in said city, and to authorize and require the county school commissioner of Campbell county to pay over to the treasurer of said board of education for the use of said public school, such part of the State school funds as may be the just pro rata share of the said Union City to be determined by the school census of said Union City, and for other purposes. 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 from and after the passage of this Act, the inhabitants of the territory to be herein-after embraced in the corporate limits of Union City,

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located in the county of Campbell, and State of Georgia, be and they are hereby incorporated under the name and style of Union City, and by that name shall be and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, privileges, titles, property, easements, that are incident to municipalities of this class, and the said Union City may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through and by its mayor and council such ordinances, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said city as to such city council and mayor seem best, and which shall be consistent with the laws of the State of Georgia and of the United States, and Union City shall be able by law and is hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain temporarily or perpetually for any period of time any property, real or personal, any estate, lands, tenements or hereditaments of any kind whatsoever whether within or without the corporate limits of said city, for corporate purposes. Said Union City created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings that it may contract. Union City, incorporated. SEC. 2. Be it further enacted, That the corporate limits of Union City shall be embraced in a square whose center shall be ascertained in the following manner. Beginning at the new corporate limits of the town of Fairburn on the east side, in the center of the West Point Railroad track, running easterly a line in the middle of said track as far as said track runs straight to near the Westbrook crossing, where the straight line will leave said railroad track, and extending one mile from the said corporate limits of Fairburn, Georgia,

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making this point the center. From this center a line shall be drawn one mile north, a line one mile east, a line one mile south from said point, and a line one mile west from said point. And on these four points describe a square. The boundaries of this square shall be the corporate limits of said Union City. Corporate limits. SEC. 3. Be it further enacted, That the government of Union City shall be vested in a mayor and four councilmen, who shall compose said city council, whose qualifications and manner of election is hereinafter prescribed. Mayor and councilmen. SEC. 4. Any male resident of said city who shall be twenty-one years of age, white, a freeholder of real estate within said city who shall have been a resident of the State of Georgia for a period of twelve months, and of Union City for six months, and who shall have paid all State, county and municipal taxes shall be eligible to the office of mayor or councilman of said city, such residence referring to a period immediately preceding the appointment or election of such person to either of the offices named. Eligibility to office. SEC. 5. Be it further enacted, That on the first Thursday in June, 1909, and biennially thereafter on the same day, an election shall be held in said city in manner and place hereinafter provided, for the purpose of electing a mayor and council for said city whose term of office shall be two years, or until their successors are elected and qualified. Their term of office shall begin on September first following their election. In case no election is held at regular time provided in this Act a special election may be called by the mayor and council to be held on some other day first giving twenty days notice of such election, by posting a notice thereof at the post-office door in said city and at two other public places. Election of mayor and councilmen. SEC. 6. Be it further enacted, That all elections under the provisions of this charter, whether regular or special

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and whether for the election of officers, or for the submission to the people of said city of questions of issuing bonds of said city or for any other purposes for which an election may be held in and for said city, shall be superintended and managed by at least three freeholders of said city who shall be appointed by the mayor for that purpose. In case no appointment is made, then any three citizens having the qualifications prescribed may act. Each of said managers before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their number, the following oath: We and each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power so help us God, and shall conform to the other election laws of the State that are applicable to general elections. The place of holding the election shall be at some place fixed by the city council between the hours of 10 o'clock a.m. and 3 o'clock p. m. and shall be by written ballot. Those receiving a plurality of the votes cast for the respective offices shall be declared elected. The election officers shall keep tally sheets and list of voters and shall certify the result of the election, sign the same, shall place it in a sealed package, deliver it to the mayor, who shall keep the same under seal until the first meeting of said council held not less than four days after the date of the election at which time and in the presence of said council he shall open the same and declare the result, and if any persons desire to contest any election held hereunder said contest shall be had under the general laws of the State governing municipal contests. Election managers. SEC. 7. Be it further enacted, That every male citizen of Union City as incorporated under this Act who is 21 years of age and who shall have resided in the State of Georgia for twelve months and in Union City for six months next preceding the election, and who has legally

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registered as a voter and who shall have paid all taxes that may have been required of him except for the year of election and who has paid all fines, licenses, business taxes and registration fees, and who has not been convicted of any crime involving moral turpitude unless pardoned, shall be qualified to vote in any city election held in Union City for any purpose whatever. Voters. SEC. 8. Be it further enacted, That before entering upon the duties the persons elected as mayor and council and each of them shall take and subscribe before some officer authorized by law to administer oaths the following oath: I do solemnly swear that I will well and truly perform the duties of mayor or councilman as the case may be, to the best of my skill and ability and as shall seem to me the best interest and welfare of said city without fear, favor, or affection, so help me God. Oath of mayor and councilmen. SEC. 9. Be it further enacted, That at any regular or special meeting of the mayor and council after their election and qualification said mayor and council shall elect such subordinate officers as they may think the public welfare may require. The mayor and council may prescribe the duties of all such officers, their compensation and their oaths of office, together with such bond for the faithful carrying out of same as they may see fit. All said officers shall hold said offices at the pleasure of the mayor and council. Subordinate officers. SEC. 10. Be it further enacted, That the mayor and two members of the council shall constitute a quorum for the transaction of any business before the council, and a majority of the votes cast shall determine all questions and elections before the council, the mayor not being entitled to a vote except in case of a tie. Said mayor and council shall hold their meeting within the limits of said city at said time and place as they may deem proper. They may fix a time and place for regular meeting, but at any regular or special meeting of

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the body, whether at regular time and place or otherwise the mayor and council shall have just as ample power as at any regular meeting and may do and perform any of the things, duties and powers that they could do and perform at any regular meeting. Quorum of council and meetings. SEC. 11. Be it further enacted, That during the sickness, absence or disqualification of the mayor, a mayor pro tem. shall be elected from one of the council and shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties. In case of the death, resignation, or removal from office or removal from the city of the mayor, the mayor pro tem. shall order an election to fill said vacancy as is prescribed in Section 5 of this Act, and in case of vacancy in the office of the councilman arising from any cause said vacancy to be filled by an election to be ordered by the mayor or mayor pro tem., or the city council, in the same manner as is prescribed in Section 5 of this Act. Mayor pro tem. SEC. 12. Be it further enacted, That the mayor and city council until a regular election shall be held under this charter shall serve without compensation, after which time the mayor shall receive not to exceed one hundred dollars ($100) per annum, and the councilmen not to exceed fifty dollars ($50) per annum. Salaries. SEC. 13. Be it further enacted, That the mayor shall be the chief executive officer in said city and shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers whenever he may deem it necessary for the protection of person or property and for the preservation of the peace and good order of the said city; he shall preside at all meetings of the city council and shall have the veto power and may veto any ordinance, order or resolution of the council in which event the same shall not become a law unless (unless)

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subsequently passed over his veto by the vote of at least three councilmen on a yea and nay vote duly recorded in the minutes of said council, provided, however, the mayor shall not exercise the power of veto, unless he shall reduce the same to writing and file with the council within four days after the passage of the measure vetoed. He shall preside over the mayor's court hereinafter provided for and shall have the power to punish for contempt, both before the said council and before the mayor's court by any fine not exceeding $25.00 or imprisonment in the city prison, either or both in the discretion of the mayor. It shall be the duty of the mayor to preserve the peace, and he shall be ex-officio justice of the peace so far as to enable him to issue and try warrants for criminal offenses committed within the jurisdiction of Union City. All city employees under the jurisdiction of the mayor shall be directly and immediately subject to the mayor who shall have general supervision of the affairs of said city and shall have authority to convene the council in extra session whenever he deems it proper to do so. He shall have vested in him all powers and duties as are vested by general law in mayors in this State. Powers and duties of mayor. SEC. 14. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders of said city to be held by the mayor as often as necessary at the office of said mayor or in his discretion in some other hall in said city. In the absence or disqualification of the mayor, the mayor pro tem. shall proceed and hold said court, and in the absence or disqualification of the mayor pro tem., any member of the council elected for the purpose shall hold said court. Said court shall have the power to preserve order and punish for contempt as hereinbefore provided. Said court is herein empowered to compel the attendance of witnesses in it to that end by rule for contempt, punish witnesses for failure to obey the mandates and subpoenas of the

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court. Said court shall be authorized and empowered to punish for violations of the laws and ordinances of said city by imprisonment in the city prison for a period not exceeding sixty days by compelling the defendant or offender to labor upon the streets of said city for a period of not longer than sixty days, and by a fine not to exceed twenty-five dollars ($25) and the costs of the court, which fine may be collected by execution and by any one or more of these punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk, if such, the marshal of said city are hereby made officers of said court and shall be entitled to such fees, and costs from the losing partly as the city council may prescribe. Mayor's court. SEC. 15. Said mayor's court shall be conducted in like manner to the superior court or city court of this State, so far as the same is practicable as to rules of evidence, motions, continuance and other matters pertaining to courts for the trial of offenders against the criminal law. When any person or persons are brought before said court charged with the violation of any of the offenses of ordinances, regulations or rules of said city, and the hearing thereof for good cause shown to either side shall be continued until some other time as the court may see fit, the accused shall be required to give bond and security for his appearance at the time appointed for trial or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for the trial the bond may be forfeited by the court and upon calling in open court for the securities to produce their principal, which not being done the bond shall be summarily forfeited and executions issued thereon and levied as any other execution from the courts in this State. The clerk of the court shall keep a record of all the business transacted by the court, shall issue all executions authorized to be issued by said court, which executions shall bear attest in the name of the

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presiding officer before whom the bond was forfeited. The duties of the clerk and marshal of said court shall be similar as far as practicable to the duties of the clerk and sheriff of the superior or city courts of this State. The fees of the city attorney, clerk and marshal, if such there be of said court, shall be such as the mayor and council shall prescribe in each case tried in said court or otherwise disposed of. Practice in mayor's court. SEC. 16. Be it further enacted, That all offenders against the law and ordinances of Union City shall be tried in the mayor's court upon a written or printed accusation against the accused running in the name of the State of Georgia, and stating the crimes or misdemeanors with which they are charged. The accusation shall be signed by the city marshal or any citizen making the complaint in the presence of the acting mayor, who shall attest the same, providing that nothing herein contained shall prevent the marshal or any officer of said city from arresting without a warrant or accusation any person guilty of violating the ordinances or laws of said city, or any one reasonably suspected of doing so, provided, further, that no person so arrested shall be held longer than twenty-four hours unless accusation is made, and the accused brought before the mayor's court within that time. Accusations. SEC. 17. Be it further enacted, That any person convicted before the mayor's court or other presiding officer of said court, may have the right to certiorari to the superior court of Campbell county; provided, all costs are first paid, and bond and security given double the amount of the fine imposed if a fine is imposed to answer the final judgment in the case, and providing further that nothing herein contained shall prevent a defendant who desires to certiorari to the superior court from filing the usual proper affidavit in lieu of either for the giving of bond, or the payment of costs or both, all such certioraries shall be governed by the same rules of law

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that govern all other certioraries. For any fine imposed by said mayor's court execution may issue against the defendant to be levied on any of his goods, chattels, lands and tenements, or upon failure to pay the same the court may sentence such defendant to jail in the city prison or both may be done. Certiorari. SEC. 18. Be it further enacted, That the mayor and city council shall establish a city prison in such way and in such place as they may deem expedient, to this end may buy, build, lease, rent or otherwise secure a proper house or compartment for the safe imprisonment of all its prisoners to be lawful for said mayor and city council to use the common jail of Campbell county or any compartment of the same for a city prison, should they deem it desirable to do so, provided the county authorities shall permit the same to be done. City prison. SEC. 19. Be it further enacted, That the mayor of said city shall be authority in his court to bind over or commit to jail offenders against the Criminal Code of Georgia, whenever in the course of investigation before him a proper case therefor shall be made out by evidence. Commitments. SEC. 20. Be it further enacted, That in addition to the other powers, especially delegated to the city council by this charter they shall have power to prevent injury or annoyance to the public or individuals from anything dangerous or offensive or unwholesome and to protect the public life in any and in whatever manner they may deem best, to protect places of divine worship in said city, exact licenses and license fees from persons, firms and corporations as are conditioned to their engaging in business or occupation or profession within the limits of said city, and to provide for the punishment of those who engage in business within said city without paying such license or fee as otherwise complied with the laws of said city, to pass all necessary ordinances and by-laws respecting public buildings and grounds, carriages,

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wagons, drays, bicycles and wells, and for the presentation and punishment of disorderly conduct, and conduct liable to destroy the peace and tranquility of the citizen or citizens thereof, and every other by-law, ordinance or resolution that may seem necessary and proper for the security of the peace, health, order and good government of said city, and to do generally all other acts and things which in the judgment of said council will improve the morals, health, comfort, safety and convenience and general welfare of its citizens, provided the same are not inconsistent with the laws of this State or of the United States. General welfare. SEC. 21. Be it further enacted, That there shall never be sold in Union City any intoxicating liquors or beverages of any kind whatsoever, and the same shall not be licensed by the said city council. And the mayor and city council shall at all times pass upon and determine what is and what is not intoxicating liquors, in case any subterfuge is attempted to be sold, and the said city council shall provide punishment for a violation of this Section not to exceed sixty days imprisonment and fine of $100.00. Either or both may be imposed. Intoxicants. SEC. 22. Be it further enacted, That before any ordinance shall be adopted by the council, it shall be read at two separate meetings of the council, provided that an ordinance may be adopted at its first reading by a unanimous consent by those of the council present if the whole council is present, that where an ordinance has been adopted it shall be spread upon the minutes to be kept by the council. No regular form of ordinance shall be required, but it shall plainly and distinctly set forth the measure intended. Ordinances, how adopted. SEC. 23. Be it further enacted, That the said council of Union City shall have full power and control over the streets, sidewalks, alleys and parks of said city and shall have full power and authority to condemn property

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for the purpose of opening, laying out or widening of streets, alleys or parks, or for the erection thereon of any public buildings necessary for said city or any of its departments, or for the changing of any streets, side-walks, alleys or driveways or for any other public purpose and whenever the said city council shall desire to exercise the power granted in this Section, it may be done as provided in Sections 4657 to 4686, both inclusive of Volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof, and the same may be done whether the land sought to be condemned is in the hands of the owner or a trustee, administrator, guardian, or other agent or representative or otherwise as provided by said Section of the Code. Said council will have full power and authority to move or cause to be removed any obstructions or nuisances in the public streets, lanes, alleys, sidewalks, driveways, or other public places in said city, to enforce all the provisions of this Section as well as any other Section in this charter by appropriate legislation. Streets, etc. SEC. 24. Be it further enacted, That the city council shall have the power to require every male inhabitant in said city who by the laws of Georgia is subject to be worked on the public roads, to work such a length of time on the public streets, sidewalks, alleys, lanes, driveways, or other public property of said city as said city council shall direct, in no case to exceed six days for any one year. Said person so subject to be worked on the streets of said city shall have the power to relieve himself of said work by paying a street tax, the amount of which will be fixed by the council, and which shall in no event exceed the sum of three dollars ($3.00) for any one year, said work to be done [Illegible Text] street tax to be paid at such time and in such proportions as may be prescribed by the mayor and council. Any person subject to work on the streets who shall fail to work or pay the tax after having been duly notified may be punished in the mayor's

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court as any other offender against the laws or ordinances of said city. Street work or tax. SEC. 25. Be it further enacted, That said city council shall have full power and authority to grant franchises, easements, and rights-of-way over the public streets, lanes, alleys, sidewalks, driveways, parks and other property of said city on said terms and conditions as said mayor and council may prescribe. Franchises. SEC. 26. Be it further enacted, That all writs and processes, subpoenas and summons, executions for whatever purpose shall be signed by the clerk and bear attest in the name of the mayor of said city unless otherwise provided, and shall be directed to the marshal of said city and his deputies, to all and singular the sheriff and constable of this State and each and all of said directors are hereby authorized and required to serve and execute the same. Processes, etc SEC. 27. Be it further enacted, That all personal property levied upon by virtue of any of the executions or other processes of said city which shall be within Campbell county at the time of such levy shall be sold in Union City after advertising such sale for ten days by written notice, posted at two public places in said city, which notice shall designate the day and place of sale. When real estate in Union City is levied upon by virtue of any of the processes aforesaid the same shall be sold in Union City after notice given as in the case of personal property, and deeds to the property executed by the marshal of said city or the sheriff of Campbell county after having advertised the same in the manner provided for sheriff's sales of land in ordinary executions in this State. In all cases of personal property the marshal or his deputy shall conduct said sale in manner as near as practicable similar to the sales of personal property by the constables of this State. All sales under authority

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of this charter shall be between the hours of 10 o'clock a. m. and 4 o'clock p. m. to the highest and best bidder for cash. Marshal's sales. SEC. 28. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of Union City the mayor and council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the limits of said city not exceeding during any one year one-half of one per cent. of the value of said property, which tax shall not include taxes for school purposes nor does the sum include any tax that may be necessary in the judgment of the mayor and council for the purpose of meeting the interest due on any bonds that may be issued by said city or for providing a sinking fund, for the final payment of any such bonds. Ad valorem tax. SEC. 29. Be it further enacted, That said mayor and council shall have power to assess and collect such city tax as they may deem proper upon each and every any business, trade, calling, profession, occupation or establishment carried on within the corporate limits of said city, also upon each itinerant trader, stock dealer or peddler who may do business in said city, also upon any railroad, telephone or telegraph company, fire, life, or accident insurance company or their agents, express and banking companies or corporations, also upon medicine venders, and persons giving theatrical, spectacular and other like performances, exhibitions and circus performances. Specific taxes. SEC. 30. Be it further enacted, That the mayor and council of said city shall have power and authority to provide by ordinance [Illegible Text] taxes of said city shall fall due, and what length of time within which said tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the non-payment of

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taxes due, to provide for the receiving of returns of property for taxation, for the appointment of assessors and any and all other offices they may deem necessary for the purpose of collecting any of the taxes herein allowed, to prescribe the duties of such assessors and other officers, and otherwise to make full and ample provisions not inconsistent with the laws of Georgia and of the United States, for the enforcement and collection of all taxes that may become due to the said city; all such provisions shall be as legal and binding upon the citizens of said city as if the same were incorporated as a part of this charter. Collection of taxes. SEC. 31. Be it further enacted, That Union City may and is hereby authorized to issue its bonds either for the payment of its debts, for the erection of public buildings, or for any parks, or for any other public improvement or the maintenance thereof, only under the provisions of Sections 377 to 381 inclusive, Volume 1 of the Code of Georgia of 1895. Municipal bonds. SEC. 32. Be it further enacted, That the mayor and council of said city are hereby authorized and empowered to pass all such ordinances, orders, rules, and regulations as they may deem necessary for the health and comfort of the citizens of said city; they may provide such health officers as they may deem proper, prescribe their duties and powers and what remuneration they shall receive, and such health officer or officers shall have and exercise all such powers and privileges as may be vested in him by said mayor and council by ordinance. Health officers. SEC. 33. Be it further enacted, That the mayor and city council of Union City are hereby authorized to enforce the collection of any taxes that may have been assessed against any person or property by the town of Union City, where same has not been paid and to that end as soon as this Act may go into effect, may punish as herein prescribed any person who shall fail to pay any

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tax or to do such street work as hereinbefore set out or any other tax that may have been assessed against him. Back taxes. SEC. 34. Be it further enacted, That the mayor and city council of Union City until their successors are elected and qualified, shall be the following persons, to-wit: S. C. Barrett, mayor, J. J. Patten, John Yarbourgh, J. L. Barron, and J. E. Carricker, councilmen; that they shall continue in office until their successors are elected, qualified and installed as hereinbefore provided, and they and their successors shall have and exercise all the rights, powers and duties conferred by law upon the mayor and council of said Union City. Mayor and councilmen appointed. SEC. 35. Be it further enacted, That the mayor and council of Union City are hereby authorized and empowered to use and expend any part or parcel, or moneys collected by taxation, provided in Section 28 of this Act, for the erection of any buildings, artesian or any other well, or for any other improvement or purpose. Improvements. SEC. 36. Be it further enacted, That Union City be taken out of the Fairburn School District and allowed to create a city school for said town, and the taxes which would have gone to the Fairburn school district be collected and paid in Union City, under such regulations as provided for by any subsequent Act. School district. SEC. 37. Be it further enacted, That there shall be established, conducted, maintained, supported and provided for by local taxation, and otherwise in the manner hereinafter provided in this Act, a system of public schools in and for Union City, Campbell county, Georgia. Public schools. SEC. 38. Be it further enacted by the authority aforesaid, That in conformity with the provisions of Article 8, Section 4, paragraph 1 of the Constitution of the State of Georgia, there shall be held in Union City within thirty days after the passage of this Act, or as soon thereafter as practicable an election on the question of local taxation for the support of said system of public

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schools, and all persons who are qualified to vote in the last regular election in Campbell county and who have become qualified since to vote in the elections of Campbell county, shall be entitled to vote in this election hereinafter provided. All voters who favor such local taxation for public schools shall have written or printed on their ballots, For Public Schools, and those who oppose shall have written or printed upon their ballots, Against Public Schools, and in case two-thirds of the votes cast at such election shall be for public schools, then it shall be the duty of the mayor and aldermen of the city of Union City annually to raise by taxation a sufficient sum to carry out the purposes of this Act, provided the same shall not exceed 1 per cent. on the taxable property of said city and in the manner hereinafter provided, the mayor and aldermen shall give public notice of this election once a week for two weeks prior to said election in two public places in said city. The returns of said election shall be made to, and the result declared by said mayor and aldermen of Union City. Should this Act fail to receive the necessary two-thirds of the votes cast at such an election the said mayor and aldermen may submit the same to another election under the same rules and regulations and qualifications after the expiration of six months, and it shall be the duty of the mayor and aldermen to order an election on the written request of ten qualified voters of said city until said election shall result favorably to public schools. Election for public schools. SEC. 39. Be it further enacted by the authority aforesaid, That D. A. Carmichael, and R. F. Duckworth, and J. A. Drake are hereby created a board of education for Union City. They shall hold their offices until their successors are appointed, elected and hereinafter qualified as hereinafter provided. They and their successors in office shall have the power to acquire property, real and personal by purchase, donation or otherwise and hold the same in trust for the said Union City with the right

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to sue and liability of being sued. Said board of education shall at the first meeting after the passage of this Act fix a term of office for each member, so that one shall expire on the first day of September in each year beginning with September 1909 and ending 1911. The election for members of the board shall be held on the same day and at the same election in which other officers for Union City are elected. Said election shall be held under the same rules and regulations as the elections for mayor and aldermen are held in Union City, and the disqualification for voters shall be the same as for mayor and aldermen. If a vacancy happens by resignation or otherwise in said board of education, said vacancy shall be filled by said board for the unexpired term. No one shall be eligible for the office of the membership of said board who is not a bona fide citizen of Union City, and who is not twenty-one years of age and a tax payer. Members of board of education appointed; election of successors. SEC. 40. Be it further enacted by the authority aforesaid, That the officers of said board shall be president, vice-president, secretary and treasurer. The office of secretary-treasurer shall be filled by one and the same officer, who shall before entering upon the duties of his office take and subscribe an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be [Illegible Text] by the said board to faithfully account for all moneys coming into his hands as said officer which said bond shall be made payable to said board of education. The said board of education is hereby empowered to bring suit and to maintain the said board in any court in the State, for a breach of said board by said secretary and treasurer and the proceeds of said suit shall be applied to the public schools of Union City. The secretary-treasurer shall not be out any moneys, except by order of the board of education. No officer of said board of education shall receive any compensation except the secretary-treasurer whose compensation shall be fixed by the board of education or citizens of

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Union City at all reasonable times. Said secretary-treasurer may or may not be a member of the board of education. A quorum of said board of education shall consist of a majority of its members. The board of education shall have regular monthly meetings, the time for said meetings to be fixed by the board, and as often as the public school interest may require, the president of the board of education shall have authority to call a meeting at any time. Their officers shall be elected by ballot and shall hold office for one year and until their successors are elected and qualified. Officers of board of education. SEC. 41. Be it enacted, and it is hereby enacted by the authority aforesaid, That said board of education shall have authority to establish, and from time to time modify a system of public schools for said Union City to be opened not less than six months, or more than ten scholastic months in each year. Said board of education as soon after this Act is passed as possible shall make provisions for the opening of said public schools. Said board of education shall have authority to purchase, build, rent and engage buildings for school purposes, and to accept gifts and donations of property, money and other things for school purposes under this Act, and all deeds taken to real property shall be to the board of education of Union City and their successors in office. Said board of education shall have authority to employ a superintendent and other teachers for said public schools, to prescribe their duties and to suspend or discharge them for good cause, to prescribe the terms upon which pupils shall be admitted to said public schools and to make such rules and regulations and by-laws as they may deem proper for maintaining a system of public schools for said city. Said board of education shall have power to fix the compensation of all teachers employed in said schools and pay same, the board shall keep the minutes of each meeting which shall be open to inspection to the citizens of Union City. The said board of

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education shall regulate the curriculum and the books to be used in said schools. Powers of board of education. SEC. 42. Be it further enacted by the authority aforesaid, That said board shall determine as early as practicable of each year what amount of money will be necessary to be raised by taxation for the paying of expenses of said public schools for the ensuing year, and shall lay same before the mayor and aldermen of said city, and the said mayor and aldermen are hereby authorized and shall be required to levy a tax annually on all property in said Union City not to exceed 1 per cent. on the same, and when collected the collecting officer of said city shall pay the same over to the treasurer of said board of education, to distribute it for the maintenance of said public schools, and to pay out under order of said board under such regulations as they may prescribe. Said taxation shall be prescribed by levy and sale as other taxes of said city are collected. School tax. SEC. 43. Be it further enacted by the authority aforesaid, That the county school commissioner of Campbell county shall pay over to the treasurer of said board of education the pro rata share of the State and county school funds coming to said Union City, as prorated by the county board of education to other schools in said county of Campbell. Pro rata share of school fund. SEC. 44. Be it further enacted by the authority aforesaid, That said board of education shall establish separate schools for the white and the colored children whenever the same may be necessary. The white children shall only be allowed to attend the white schools, and the colored children shall only be allowed to attend the colored schools, that all children between the ages of six and eighteen years, whose parents, guardians or natural protectors bona fide reside within the corporate limits of Union City, shall be entitled to the benefits of said public schools and attend the same free of charge. Separate schools for white and colored children.

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The board may also admit children to said public schools whose parents, guardians or natural protectors do not reside in the incorporate limits of said city upon payment of such tuition as the board of education may prescribe, and children or persons over the age of eighteen years of age may be admitted to said school upon the payment of such tuition as agreed upon by the board. Tuition. SEC. 45. 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. Approved August 17, 1908. VALDOSTA, CHARTER AMENDED. No. 421. An Act to amend an Act incorporating the city of Valdosta, approved November 21, 1901, as amended by Acts approved December 6, 1902, and July 27, 1906, respectively, so as to provide more fully for drainage in and around said city, and for taxing the property drained with a portion of the cost thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act incorporating the city of Valdosta, approved November 21, 1901, as amended by Acts of December 6, 1902, and July 27, 1906, be and the same is hereby amended by inserting after the word effect in the sixth line of Section 52 of said Act, and before

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the word and the following: With the right to drain any and all lots, tracts or parcels of land in and immediately around said city, including the right to dig, cut, construct and maintain ditches, canals and drainage pipes through such property, or through any other lot, tract or parcel of land that it may be necessary to do in order to such drainage, whether such lands be within or without said city, so that said Section, when amended, shall read as follows: Be it further enacted, That said mayor and council shall have full power and authority to establish, maintain and operate a complete system of sanitary sewerage and drainage in and around said city and to acquire any property or rights either within or without said city, necessary and appropriate for carrying this Act into effect, with the right to drain any and all lots, tracts or parcels of land in and immediately around said city, including the right to dig, cut, construct and maintain ditches, canals and drainage pipes through such property, or through any other lot, tract or parcel of land that it may be necessary to do in order to such drainage, whether such lands be within or without said city, and in all cases where it becomes necessary to take or use private property or injure private rights, and the said mayor and council and the owner or owners can not agree as to the amount of compensation or damage to be paid, the same shall be assessed as provided for in Sections 36 and 37 of this charter. Valdosta, charter amended. Sanitation. SEC. 2. Be it further enacted, That said Act incorporating the city of Valdosta be, and the same is, hereby further amended by inserting between Sections 52 and 53 of said Act the following Section: Assessments for drainage. SECTION 52. (A). Be it further enacted, That said mayor and council shall have full power and authority to assess by ordinance or resolution duly passed in open session and meeting, two-thirds of the cost of digging, cutting, and constructing ditches, canals or

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drainage pipes for the purpose of draining any lands in said city against the land immediately and directly drained and benefitted by such ditch, canal or drainage pipe so dug, cut or constructed, and against the owners thereof; said assessment to be prorated according to the amount of land drained, the benefit accruing therefrom, and all other facts and circumstances connected therewith, and the same shall be and become a judgment against the land and the owner thereof, and a lien against the land assessed from the date of the passage of said ordinance or resolution, and should the owner of such land fail or refuse to pay the amount assessed against such land within thirty days from the date of the assessment, the same shall be collected by execution issued by the clerk against the real estate so assessed and against the owner at the date of the assessment, which execution to be levied by the marshal or chief of police of said city upon such real estate, and same shall be advertised and sold as provided for in cases of sales for taxes; such sale shall pass absolute title to the purchaser, who shall be put in possession by the officer making the sale; provided, however, that the defendant or owner of such land shall have the right to file his affidavit of illegality with such levying officer, in which he shall have the right to set up and take advantage of any and all defenses to which he may have a right under the law, said illegality to be returned to the superior court of Lowndes county, to be tried as other cases of illegality, and provided, further, that in all cases where, under Section 52 of said Act, damages have been awarded to the owner of any land thus assessed, the said mayor and council shall allow the amount of such drainage as a set-off against such assessment, or same may be taken advantage of in said affidavit of illegality. SEC. 3. Be it further enacted, That all laws or parts

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of laws in conflict herewith be, and the same are, hereby repealed. Approved August 14, 1908. VIDETTE, TOWN OF, INCORPORATED. No. 457. An Act to incorporate the town of Vidette, in the county of Burke; to define its corporate limits; to provide for a mayor and council and other officers of said town; to prescribe their duties and powers; to provide for all matters of municipal concern, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the town of Vidette, in the county of Burke, State of Georgia, be, and the same is, hereby incorporated under the name and style of Vidette. Vidette, town of, incorporated. SEC. 2. Be it further enacted, That the municipal government of the town of Vidette shall be vested in a mayor and four councilmen, to be selected as hereinafter provided, and to be known as the mayor and council of Vidette, and by that name and style they shall have perpetual succession; shall have a common seal, and be capable in law to have, hold, receive, enjoy, possess and retain to them and their successors, for the use of the town of Vidette for corporate purposes, any estate, real or personal, of every kind, character or nature, either within or without the incorporate limits of said town; and be capable of suing and being sued, pleading and being impleaded in any court of law or

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equity in this State, in the name of the town of Vidette. Mayor and councilmen. SEC. 3. Be it further enacted, That the corporate limits of said town shall be as follows: Taking the center of the track of the Georgia Florida Railway, where the same is crossed by the public road at the station on said road, known as Vidette, in Burke county, Georgia, as a central point, the limits of said town shall extend one-half mile in every direction, and embrace all the territory included in a circle having its radius one-half mile in length and its center at the point above mentioned. Corporate limits. SEC. 4. Be it further enacted, That an election shall be held in the town of Vidette on the first Saturday in September, annually. At the election held Saturday, September 5th, 1908, a mayor and four councilmen shall be elected, the mayor and two councilmen for a term of two years, and two councilmen for a term of one year. At the September election, 1909, two councilmen shall be elected for a term of two years and every two years thereafter, and at the election in September, 1910, a mayor and two councilmen shall be elected, and every two years thereafter. The mayor and councilmen elected at the September, 1908, election for two years shall serve until their successors are elected and qualified in 1910, and the two councilmen elected for one year shall serve until their successors are elected and qualified in 1909. Election of mayor and councilmen. SEC. 5. Be it further enacted, That the mayor and council of said town shall have full authority to elect such other officers as they may deem expedient, so as to perfect their organization. They shall also have authority to elect a marshal for said town and provide him with such additional assistance as he may need from time to time in order to enforce the laws and ordinances of said town. They shall also have authority to fill vacancies that may occur, either in the office of

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mayor or councilmen by an election by the remaining members, a majority vote being sufficient to elect. Subordinate officers. SEC. 6. Be it further enacted, That the elections to be held for mayor and councilmen as provided in Section four of this Act, shall be held as ordinary county elections are held, and all persons residing within the incorporate limits of said town, who are qualified to vote for representatives in the State legislature, and who have resided in said town for not less than sixty days prior to such election, shall be qualified to vote in said elections, provided, they have paid all taxes legally required of them by said town or its authorities. Voters. SEC. 7. Be it further enacted, That the said mayor and council shall have power to establish police rules and regulations, to pass all laws and ordinances not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality, and general welfare of the inhabitants of said town. General welfare. SEC. 8. Be it further enacted, That the mayor be the chief executive of the town of Vidette; he shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all the officers of the town shall faithfully discharge the duties required of them; he shall have a general jurisdiction of the affairs of the town; he shall preside at all meetings of the mayor and council; he shall have the right to vote in elections of officers and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Powers and duties of mayor. SEC. 9. Be it further enacted, That the mayor, or in his absence or disqualification, the mayor pro tem., shall as often as may be necessary, hold a police court, to be known as the mayor's court, for the trial of offenders against the laws and ordinances of the town. Said

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mayor's court shall have full power and authority to force the attendance of witnesses, to punish for contempt, and upon conviction to sentence such offenders to imprisonment for a term not to exceed thirty days, or to labor upon the streets or other public works of said town not to exceed sixty days, or to impose a fine not to exceed fifty dollars. Either or all of said penalties may be imposed in the discretion of the court. Police court. SEC. 10. Be it further enacted, That the mayor and each of the councilmen shall be bound to see that all the laws and ordinances are properly enforced to keep the peace, and shall be ex-officio justices of the peace, as to enable each one of them to issue warrants for the violations of the criminal laws of the State committed within the town of Vidette, when the mayor, or mayor pro tem., in the absence of the mayor, shall have full power, on examination, to commit the offenders to jail, or to bail them if the offense be bailable, to appear before the court having jurisdiction. Enforcement of ordinances. SEC. 11. Be it further enacted, That said mayor and council shall have power to require each male citizen in said town, between the ages prescribed by the laws of the State for working public roads, to labor on the public works and streets of said town (except those who may be exempt by the laws of the State), and to require them, when notified, to work on streets or other public work of said town for five days in each year or pay a commutation tax of two dollars and fifty cents in lieu of such work. Street work or tax. SEC. 12. Be it further enacted, That said mayor and council shall have full power and authority by ordinances to assess, levy and collect an ad valorem tax on all property, real or personal, within the corporate limits of said town, said tax not to exceed five mills on the dollar for current annual expenses; that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafes, restaurants, boarding-houses

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when boarders are taken for less time than one month, livery stables, drays, carts, buggies, carriages and other vehicles run for hire, auctioneers, venduemasters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kind, itinerant lightning-rod dealers, emigrant agents, clock and stove peddlers, and peddlers of all kinds; itinerant dealers in jewelry, and all other traveling or itinerant venders of goods, wares, merchandise, liniments or nostrums of every nature whatsoever; every kind of billiard, pool or bagatelle table kept for public use; every keeper of shooting-gallery, tenpin alley; upon the keeper of any other stand, table or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances; upon the keeper of flying horses, bicycles, velocipedes or skating rinks, insurance agents, life and fire insurance companies, express agents, express companies, dealers in futures, loan agents, merchants and agents for any other business or calling whatsoever; keepers of slaughter-houses, beef markets and green groceries; upon every junk-shop, pawn-broker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which under the laws of Georgia are subject to license or tax. Ad valorem tax. SEC. 13. Be it further enacted, That said mayor and council shall have the full power, right and authority to elect a board of tax assessors for said town, and these assessors may be members of council or not as the mayor and council may see proper. Tax assessors. SEC. 14. Be it further enacted, That said mayor and council shall have power and authority to enforce by executions the collection of any amount due for license, fees and taxes and assessments of every kind; for fines and forfeitures, and for any debt or demand due the town, such execution to be issued in the name of said town, and against the person, corporation or firm by whom any such debt may be due; that it shall be the

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duty of the marshal to levy all executions in favor of the town, and after advertising for ten days he shall sell the property levied upon at the place of holding the mayor's court of said town, unless the same shall be real estate, in which case the advertisement shall be for four weeks. Collection of taxes, etc. SEC. 15. Be it further enacted, That said mayor and council shall have authority to establish such quarantine regulations as in their judgment may seem proper and not inconsistent with the laws of this State and the United States, and they shall have ample power to enforce the same. Quarantine. SEC. 16. Be it further enacted, That it shall be unlawful for any person to have or keep for sale in said town of Vidette, any alcoholic, malt, spirituous or other intoxicating liquors, and the mayor and council shall have authority to pass such ordinances touching said matter as they may deem proper, that are not inconsistent with the laws of this State or of the United States. Intoxicants. SEC. 17. Be it further enacted, That said mayor and council shall have power to lay off, vacate, close, open or alter streets, sidewalks or alleys, to cut, open, and keep clean through all lots all necessary ditches and drains, and to punish for injuries done to same, after allowing property owners reasonable compensation for damages, the amount to be ascertained in the way and manner prescribed by the laws of Georgia in similar cases; and to prevent hogs, cattle, horses, sheep, dogs, and other animals and fowls of all kinds from going at large in said town. Streets, etc. SEC. 18. Be it further enacted, That it shall be the duty of the marshal or marshals of said town to prosecute all offenders against the laws of the State for crimes committed within the limits of said town. It shall also be his duty to arrest or cause to be arrested

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all disorderly persons, all persons committing or attempting to commit any crime, and to commit them to the guardhouse or other place of confinement to await trial. It shall be his duty to execute all processes and orders of the mayor and council, and to discharge any other duties imposed upon him by the laws, ordinances, rules and regulations of said town. Arrests and prosecution of offenders. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 17, 1908. VIENNA, CHARTER AMENDED. No. 318. An Act to amend an Act incorporating the city of Vienna, approved December 10th, 1901. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and city council of Vienna be, and they are hereby, authorized and empowered to exercise the right of eminent domain generally, and especially the power and authority to condemn property for use of said city, either for streets, alleys, cemeteries and for other purposes necessary in the upbuilding of said city and the administration of its affairs. Vienna, eminent domain. SEC. 2. Be it further enacted by the authority aforesaid, That laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 23, 1908.

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WARRENTON, CHARTER AMENDED. No. 336. An Act to create and incorporate the city of Warrenton in lieu of the town of Warrenton, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city of Warrenton is created and incorporated in lieu of the town of Warrenton, in Warren county. The territorial limits of the city of Warrenton shall be identical with the present territorial limits of the town of Warrenton. All lands, tenements, easements, streets, alleys, hereditaments, rights, powers and interest in property, real, personal and mixed, belonging to the town of Warrenton, at the date of the passage of this Act, shall belong to the city of Warrenton on and after the passage of this Act. All debts, obligations, notes, bills and accounts and liabilities of whatever nature, owing by said town of Warrenton at the date of the passage of this Act, shall be owing by the city of Warrenton on and after the passage of this Act, and all debts of whatever kind of character due or owing to the town of Warrenton at the date of the passage of this Act, shall be due and owing, and become the property of the city of Warrenton on and after the passage of this Act. This Act shall not be construed as destroying and ending the powers hitherto conferred upon the town of Warrenton, by the General Assembly of the State of Georgia, but is enacted in the nature of an amendment to the present charter of Warrenton and continuing the existence of said town, but changing it to a city, reserving and saving to it, in its new corporate form, all the powers, rights, privileges, duties and liabilities of said town through its charter, the amendments thereto and

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the Acts legally done thereunder, but extending and adding the provisions of this Act to the rights, powers, duties, liabilities and limitations created by said charter of the town of Warrenton, the amendments thereto and the Acts done thereunder. The ordinances of the town of Warrenton shall be the ordinances of the city of Warrenton, and enforceable as such until repealed or changed by the city council of Warrenton. Warrenton incorporated as a city. SEC. 2. Be it further enacted, That the officers of the town of Warrenton, at the time of this Act be, and the same are, hereby made officers of the city of Warrenton on and after the passage of this Act. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 30, 1908. WAYNESBORO, CHARTER AMENDED. No. 378. An Act to amend the charter of the city of Waynesboro, so as to extend the present city limits and define the boundaries of the territory included by this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That from and after the passage of this Act, Section 1, of an Act of the legislature approved Dec. , 1893, known as the New Charter of Waynesboro, which said Section prescribes the boundaries of said city, be, and the same is, hereby amended so as to extend the corporate limits of said city as follows: Beginning where the present city limits cross

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what is known as the town ditch, on the north of said city, and running a continuous straight line from said starting point to the extreme northwest corner of the woodland, known as Rowland park, to the line making the northern boundary of the lands formerly of W. A. Wilkins, and separating same from lands of Mrs. E. E. Chance, thence along said line to the road leading from Waynesboro to Rowland's bridge, and then along said road to where it converges with the road leading out from Waynesboro from Liberty street, thence across said road in a continuous line across the lands of E. E. Chance to the Quaker district road, then along the western side of said road in a northerly direction until the road known as the new road, connecting the Quaker district road with the Louisville and Waynesboro district road is reached, and along the south side of said road for a distance of one hundred yards, from which point on said road a straight line shall be run to the northwest corner of the city cemetery, then along the western boundary of said cemetery to a point opposite the colored people's cemetery, thence along the northern and western boundaries of said cemetery for colored people until the Louisville and Waynesboro district road is reached, thence back along the northern side of said road to the present city limits. Waynesboro, corporate limits. 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. Approved August 11, 1908.

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WEST POINT, CHARTER AMENDED. No. 413. An Act to authorize and empower the mayor and aldermen of the city of West Point to grant unto the Atlanta West Point Railroad Company and Western Railway of Alabama, corporations of said State, upon such terms as may be agreed upon by the said authorities of said municipal corporation, a strip or block of land 30x68 off of Bridge street, lying next to tracks of said railroads, and between block four and block , as shown by map of said city of West Point, bounded on south by Bridge street and land of said railroads, and on east by right-of-ways and tracks of said railroads and other part of Bridge street, and on north by Bridge street and lot four of said city, and on west by Bridge street, for use as baggage room. 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 the mayor and aldermen of the city of West Point, a municipal corporation of said State, be, and it is hereby authorized and empowered to grant unto the Atlanta West Point Railroad Company and the Western Railway of Alabama, upon such terms as may be agreed upon by the said municipal corporation, a strip off of Bridge street, in the city of West Point, 30x60, for use as a baggage room; said lot or strip of land lying and being in center of Bridge street and adjoining the tracks and right-of-way of said railroads on east, as shown by map of said city of West Point, lying and being on the east side of the Chattahoochee river, in said city of West Point. West Point, railroad terminals. 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. Approved August 14, 1908.

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WEST POINT, CHARTER AMENDED. No. 473. An Act to authorize and empower the authorities of the city of West Point to vacate, close up and discontinue the use of that part of Bridge street lying on west side of Chattahoochee river, between Front street and the right-of-way of Atlanta West Point Railroad Company and Western Railway of Alabama, being 210 feet long by 150 feet wide. To sell and convey the right, title and interest of the city of West Point in and to said street; to subrogate to the purchaser thereof the right of possession and use of said street, as against the city of West Point, the State of Georgia, and all other parties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the city of West Point are hereby authorized and empowered to vacate, close up and discontinue, the use of that part of Bridge street lying and being on the west side of the Chattahoochee river, between Front street and right-of-way of Atlanta West Point Railroad Company and Western Railway of Alabama, of uniform length, from east to west of 210 feet, and of uniform width from north to south of 150 feet, and bound on the east by Front street; on the south, by property of said railroads, and on the west, by the said right-of-way of said railroads, and on the north, by other property of said railroads above mentioned. The city of West Point to be liable to adjoining property owners for any direct or consequential damages resulting thereby. West Point, sale of part of Bridge street. SEC. 2. Be it further enacted by the authority aforesaid, That the city of West Point shall have power and authority to sell at either public or private sale all the

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right, title and interest in and to that part of said street, which said city may have, and the purchaser thereof shall be subrogated to the right of possession, and use of the premises embraced by said part of Bridge street, as against the city of West Point, the State of Georgia, and all other parties. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. WINDER, CHARTER AMENDED. No. 524. An Act to amend the Act establishing the charter of the city of Winder, approved December 20th, 1893, and the several Acts amendatory thereof, so as to confer upon the mayor and council of the city of Winder authority to create a water and light commission, and to authorize said mayor and council of the city of Winder to pass such ordinances as they deem proper in fixing the duties and powers of the water and light commission, and to provide that the mayor and council of the city of Winder may by ordinance fix the powers and duties of the water and light commission, and for other purposes. 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 Section 10 of the charter of the city of Winder, approved December 20th, 1893, be amended by adding at the end of said Section 10 of said charter of the city of Winder the following: (a) A water and light commission of the city of Winder is

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hereby created, to be composed of three discreet and conservative citizens of the city of Winder, to be elected by the mayor and council of the city of Winder, as follows: They shall, as soon after the passage of this Act as practicable, select from the citizens of the city of Winder, three commissioners; one to serve one year, or until his successor is elected; one to serve two years, or until his successor is elected; one to serve three years, or until his successor is elected, and the successors of each of those first chosen shall serve three years and until their successors are elected and qualified, and at the expiration of the term for which each commissioner was chosen his successor shall be elected, and when such commissioners shall have been chosen by the mayor and council of the city of Winder, they shall be known as the water and light commission of the city of Winder. Winder, water and light commission. (b) The compensation of said commissioners shall be fixed by the mayor and council of the city of Winder at the time of the election of said commissioners. (c) The mayor and council of the city of Winder shall have authority to pass such ordinances as they may deem proper for the guidance of the water and light commission, and the said water and light commission shall perform their duties as commissioners under such ordinances as the mayor and council may from time to time pass for their guidance. (d) The mayor and council of the city of Winder shall be ordinance fix the duties and powers of the said water and light commission, and said commission shall exercise only such duties and powers as the said mayor and council of the city of Winder may by ordinance delegate to them. (e) The mayor and council of the city of Winder shall have power to remove any commissioner for neglect of duty, for malfeasance in office, for violation of the ordinances governing the water and light commission, and shall at all times have entire control over the commission, to the extent of seeing that their duties are

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fully performed, and in case of a removal becoming necessary, the said mayor and council shall prefer charges against the offending commissioner and cause him to come before them for a hearing, and if the charges are sustained the said mayor and council, by majority vote, shall have authority to declare the place of such commissioner vacant, and proceed to fill same by an election for the term unexpired of said removed commissioner. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 17, 1908. WILLIAMSON, TOWN OF, INCORPORATED. No. 469. An Act to incorporate the town of Williamson, in the county of Pike, and to grant certain powers and privileges to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Williamson, in the county of Pike, be, and the same is, hereby incorporated under the name of the town of Williamson; that the municipal government of the town of Williamson shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate, under the name and style of the town of Williamson, and by the name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have,

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hold, receive and enjoy, possess and retain to them and their successors, for the use of the town of Williamson, any estate, real or personal, property of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien and lease any estate, real or personal, the property of or belonging to said corporation, or convey the same or any part thereof in any manner or way whatever; that the territory embraced within the following boundary shall constitute the town of Williamson: Beginning at the center of the public road at the northeast corner of Providence church lot in Driver district of Pike county, and running in a southwest direction along the Hollonville and Griffin road 1,700 yards, stopping just west of J. C. McGahee's residence, the north boundary being 345 yards north of Hollonville and Griffin road, and running parallel with same 1,700 yards, the east boundary crossing said road at the northeast corner of Providence church lot, and extending south 690 yards, crossing Second district road at land line between W. D. Dingler and A. J. Allen, and running parallel with Hollonville and Griffin road 1,700 yards west. All of said territory embraced being in Driver district of Pike county, Georgia. Williamson, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That H. W. Reynolds be, and he is hereby appointed mayor of said town, and J. C. McGahee, A. P. Dickinson, W. T. Cochran, R. H. Yarbrough and A. J. Allen be, and they are hereby appointed councilmen of said town, to hold their offices until the first annual election in said town in the year 1909 and until their successors are elected and qualified. The above-named officers to enter upon the discharge of their duties upon their taking oath to well and truly administer the affairs of their said office immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in said town, at such

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place as the mayor of said town shall direct and designate, on the first Monday in January, 1909, and on the first Monday in January in each year thereafter, for a mayor and five councilmen, who shall hold their office for one year, or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places. Said notice shall be posted ten days before said election. Said election shall be held under the law governing the election of members of the General Assembly, and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take oath to well and truly discharge the duties of the offices. Election of successors. SEC. 4. Be it further enacted by the authority aforesaid, That the sale of liquor within the incorporate limits of said town is hereby prohibited. Sale of liquor. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town of Williamson shall have power to make all ordinances, rules and regulations necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary to the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require, to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge, when necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and

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control all taverns and public houses; to establish markets, and regulate all butcher pens, tanyards, livery stables, blacksmith shops, forges, stoves and chimneys in said town, and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed to be a public nuisance and destructive to the health, peace and quiet of said town; to protect places of public worship, and prescribe what kind and class of buildings shall not be constructed within said limits; to fill open wells, or other excavations on unenclosed premises; and the said mayor and council shall also have entire and absolute control and jurisdiction of all soil pipes and private drains and sewers, waterclosets and privy vaults and dry wells in said town, with full power to prescribe their location, structures, uses and preservation, and to make such regulations concerning them in all particulars, as may seem best for the preservation of the health of the inhabitants of said town. Corporate powers. SEC. 6. Be it further enacted, That said mayor may hold police court, try offenders for violation of ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not exceeding fifty ($50.00) dollars, imprisonment not to exceed thirty days, or work on streets of said town, and any one or more of these punishments may be ordered in the discretion of said mayor. And, when sitting as a court, said mayor may fine for contempt, not exceeding ten ($10.00) dollars, or imprisonment for five days, for such contempt. For all decisions of said mayor, imposing punishment or penalties for violations of such ordinances, rules and regulations, there shall be an appeal to the mayor and council upon such terms as may be prescribed by said mayor and council. Police court.

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SEC. 7. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal, and describe their duties, not inconsistent with this Act and the laws of this State, and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their offices and fix their compensation. [Illegible Text] officers. SEC. 8. Be it further enacted, That said mayor and council shall have full power to levy and collect such tax on business occupations, theatrical exhibitions, or other performances exercised, performed or exhibited within the corporate limits of said town, and fix such license on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper. Specific taxes. SEC. 9. Be it further enacted, That said mayor and council may choose from their own number a member pro tempore, who shall, in the absence, sickness or disqualification of the mayor, and in the case of the absence, sickness or disqualification of the mayor pro tempore, a majority of the councilmen shall choose one of themselves to act as mayor temporarily. Mayor pro tem. SEC. 10. Be it further enacted, That said mayor and councilmen shall not receive any compensation for their services as such. Mayor and councilmen, no compensation. SEC. 11. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town, subject by law to road duty, to work on the streets and walks of said town, from the age of sixteen years to fifty years, not to exceed five days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons, not to exceed three ($3.00) dollars. Street work or tax. SEC. 12. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem

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proper to enforce the duties, powers, rights and privileges herein contained. General welfare. SEC. 13. Be it further enacted, That the powers and duties contained in Sections 696, 697, 698, 699, 700, 701, 702, 703, 704, 705 of the Code of 1895, Volume 1, are hereby adopted and made a part of this Act. Statutory powers. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. WILLIAMSVILLE, TOWN OF, INCORPORATED. No. 531. An Act to incorporate the town of Williamsville, in the county of Walton, and define its limits; to provide for a mayor and council and other officers of said town and prescribe their powers and duties; to provide for all matters of municipal concern; and empower the mayor and council of said town to enact ordinances and preventing the delivery of, and receiving intoxicating liquors and whiskies within the limits of said town; to provide a penalty for violating same; to provide for the seizure and disposition of said intoxicants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory embraced within the limits of half a mile in every direction from a point in middle of Monroe and Lawrenceville road, directly in front of public school building in every direction, in the county of Walton, be incorporated

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under the name and style of the town of Williamsville, and said town is hereby incorporated. Williamsville, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That E. M. Williams be, and is, hereby appointed mayor, and H. L. Bentley, S. T. Higgins, W. C. Garver and B. B. Brooks be, and they are, hereby appointed councilmen of said town of Williamsville, to hold their offices from the date of the approval of this bill until the first annual election as herein provided. Mayor and councilmen appointed. SEC. 3. Be it further enacted, That on the first Saturday in December, 1908, and annually thereafter on the same day, an election shall be held in such place in said town as shall be designated by the council of said town, for mayor and four councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of mayor or councilmen of said town who is not a resident of said town, and who has not been a resident of the State of Georgia twelve months, of the county of Walton six months, and of the town of Williamsville three months. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Election of successors. SEC. 4. Be it further enacted, That before entering on the discharge of their duties, the mayor and each councilman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving upon me as mayor or councilman, as the case may be, of the town of Williamsville, according to the best of my ability and understanding; so help me God. Oath of mayor and councilmen. SEC. 5. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such

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marshals, clerks, and other subordinate officers as may be necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such subordinate officers, and require such bond for the faithful performance of their duties as they may deem necessary and proper. Subordinate officers. SEC. 6. Be it further enacted, That the mayor shall be ex-officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine under oath, to admit any offender to bail or to commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Mayor's court. SEC. 7. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that may be necessary for the government of said town not repugnant to the Constitution and laws of this State or the United States. Corporate powers. SEC. 8. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax not exceeding twenty-five cents on every hundred dollars, upon all the property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of work on the streets; provided, that the corporate limits shall extend only as prescribed in Section 1 of this Act for the purpose of raising the said tax of twenty-five cents on every hundred dollars. Taxes. SEC. 9. Be it further enacted, That the mayor and council of said town shall have power to pass any ordinance to prohibit the storage or keeping of wines, beer,

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white hops, malt, alcoholic or intoxicating liquors of any kind for any illegal purposes within the corporate limits of said town; to prevent the sale or keeping for sale the same, and to punish any person for violating the said law or ordinances. Intoxicants. SEC. 10. Be it further enacted, That said mayor and council are further authorized and empowered, in the exercise of police power of said town, to enact ordinances preventing the delivery within the corporate limits of said town, of wine, beer, whiskey or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing for a penalty for so doing; to enact ordinances preventing any company, corporation or person from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever, and to provide for a penalty for so doing; to enact ordinances to provide for the seizure and forfeiture to the town of such intoxicants within the corporate limits of said town, and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatever. Said mayor and council is further authorized and empowered, in the exercise of police power, to provide for and to enact ordinances for the regulations, suppression, or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town; provided, that the provisions of this Act shall be held and construed to apply to domestic commerce and intra-State shipments, as distinguished from shipments from beyond the State and inter-State commerce. Intoxicants. SEC. 11. Be it further enacted, That said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance. Nuisances.

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SEC. 12. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem., who shall be elected by the councilmen from their own number, shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all violators and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof, he may imprison the offender in the guard-house of said town not exceeding fifty days, or may order the offender to work not exceeding fifty days on the streets of said town under direction of the marshal of said town, provided, that no fine shall exceed fifty dollars for any one offense, but the mayor is hereby invested with full power and authority to inflict for any such offense either one or more or all of said penalties in the discretion of the mayor. Mayor, powers and duties. SEC. 13. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office under the provisions of this charter. Vacancies. SEC. 14. Be it further enacted, That in the meetings of said council the mayor shall not be allowed to vote except in cases of elections and of a tie vote of the council. Vote of mayor. SEC. 15. Be it further enacted, That the municipal government shall be styled the mayor and council of

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the town of Williamsville, and by that name are made a body corporate; as such they shall have perpetual succession, shall have a common seal, may contract, hold, possess, sell and convey for the use of said town, real or personal property, may sue or be sued. Corporate name. SEC. 16. Be it further enacted, That said mayor and council shall have power to fix and collect a special tax or license upon all kinds of business, calling, profession or occupation carried on within the corporate limits of said town. They shall have power to tax, license, control and regulate all opera-houses, livery stables, auctioneers, shows, circuses, and exhibitions of all kinds, peddlers and itinerant traders, save such as are excepted by the laws of said State, every keeper of a shooting-gallery, or tenpin alley, or the keeper of any table, place or stand for the performance of any game or play, whether played with sticks, balls, rings or other contrivance, bicycles or skating rinks, for gain; they shall have power to fix penalties against any and all persons carrying on any of said occupations, or exercising any such privileges without having first obtained said licenses and paid tax therefor. Specific taxes. SEC. 17. Be it further enacted, That in case where any [Illegible Text], fines, commutation taxes or license fees are not paid when due, the mayor of said town shall issue an execution against said delinquents, which execution shall be directed to the marshal of said town and his deputies, and it is hereby made the right and duty of said marshal and his deputies to proceed to levy and collect such fi. fas., as in case of fi. fas. issued for State and for county taxes. Collection of taxes, etc. SEC. 18. Be it further enacted, That said mayor and council are vested with power to lay out and open new streets or alleys, to widen or straighten any of the streets, sidewalks or alleys of said town, and to assess any damage that property holders may incur thereby in the manner now prescribed by law, which damage

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shall be paid out of the town treasury. They may prohibit or remove all obstructions or encroachments on the streets or sidewalks as they shall have power to regulate and control a location of cemeteries and burial of the dead within the corporate limits of said town. Streets, etc. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. WOODBINE, TOWN OF, INCORPORATED. No. 549. An Act to incorporate the town of Woodbine, in the county of Camden, and to grant certain powers and privileges to said town, and for other purposes. 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 the town of Woodbine, in Camden county, be, and is, hereby incorporated, and said town shall have the right to sue and be sued in any of the courts of this State, to plead and be impleaded, to have and use a common seal, and shall have the right to receive, purchase or hold any real or personal property within the corporate limits of said town for corporate purposes. Woodbine, town of, incorporated. SEC. 2. Be it further enacted, That the government of said town shall be vested in a mayor and four councilmen; that Geo. W. Brandon be, and he is, hereby appointed mayor of said town, and F. A. Whitford, A. K. Swift, J. S. N. Davis, Jr., and W. T. Newman, be, and

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they are, hereby appointed councilmen of said town, to hold their offices until their successors shall be duly elected and qualified, which elections shall be held on Wednesday, after the first Monday in January, 1909, and on each Wednesday after the first Monday in each succeeding year, and said subsequent officers, when so elected, shall hold their offices for the term of one year, and until their successors shall be elected and qualified. Mayor and councilmen appointed, election of successors. SEC. 3. Be it further enacted, That all elections held under the provisions of this charter shall be managed by three freeholders of said town, or by a justice of the peace, or other judicial officer, and two freeholders of said town. Each of said managers, before entering upon the discharge of his duties, shall take and subscribe an oath to faithfully superinted said election and make a true return thereof, and to declare the result of the same. Election managers. SEC. 4. Be it further enacted, That all persons who have paid all taxes legally imposed and demanded of them by the town authorities, and who have been bona fide residents of said town for at least three months previous to the time when the election is held, and who are qualified to vote in the county of Camden for the members of the General Assembly of Georgia, shall be considered electors and entitled to vote in said town election. Voters. SEC. 5. Be it further enacted, That the corporate limits of the town of Woodbine shall embrace all that territory one-half mile immediately east of the center of the right-of-way of the Seaboard Air Line Railway, and one-quarter mile immediately west of the center of the right-of-way of the Seaboard Air Line Railway and between high-water mark on the south side of the Great Satilla river and the run of that stream known as Dunn branch, said territory being in the 31st district G. M., Camden county. Corporate limits.

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SEC. 6. Be it further enacted, That for the purpose of raising revenues for said town the mayor and council thereof shall assess an annual ad valorem tax of not exceeding one-half of one per cent. on all taxable property in said town, which tax shall be paid on or before the first day in October in each year, on which day the mayor shall issue fi. fas. against all tax defaulters, which shall be placed in the hands of the marshal of said town, to be by him enforced and collected in the same manner as fi. fas. for State and county taxes are enforced by the sheriffs and constables of this State. Ad valorem tax. SEC. 7. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town, subject by law to road duty, to work on the streets and walks of said town not to exceed ten days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax not to exceed three dollars. Street work or tax. SEC. 8. Be it further enacted, That the mayor and council of said town shall have full power and authority to open, keep in good order and repair, all roads, streets, alleys, sidewalks, cross walks, squares, drains and gutters now in said town, or which may hereafter be laid out, for the use of the public or any citizen thereof, and to abate or cause to be abated anything which in the opinion of the majority of the whole council shall be considered a nuisance. Streets, etc. SEC. 9. Be it further enacted, That the mayor or other presiding officer shall have the power to punish for contempt by a fine of not more than five dollars, or imprisonment for not more than five days. Contempt. SEC. 10. Be it further enacted, That said council is hereby authorized to provide for the levy and collection of a special or business tax upon all kinds of business and vocations carried on within said town of Woodbine; provided, such tax shall not exceed twenty dollars per annum on such business or vocation. Specific taxes.

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SEC. 11. Be it further enacted, That at the first meeting of the newly-elected council in each year it shall elect one of the members of said council mayor pro tem., who shall in the absence or disqualification of the mayor be clothed with all of the powers, rights, duties and privileges of the mayor. Mayor pro tem. SEC. 12. Be it further enacted, That it shall be the duty of the council at their first meeting after their election to elect a clerk of said council, and marshal of said town, and to provide by ordinance for their duties and compensation. Subordinate officers. SEC. 13. Be it further enacted, That the mayor and councilmen shall not receive any compensation for their services as such. Mayor and councilmen, no compensation. SEC. 14. Be it further enacted, That the following Sections of Volume 1, of the Code of Georgia, 1905, shall be of force and effect as law in relation to the town of Woodbine, and are hereby included in this charter in like manner as if set out in detail herein, except in so far as they may be inconsistent with what is herein otherwise [Illegible Text], to-wit: Sections 696, 697, 698, 699, 703, 704, 705, 717, 718, 732, 733, 734, 735 and 736. Statutory powers. SEC. 15. Be it further enacted, That a majority of said council shall constitute a quorum for business, shall have the power to pass ordinances not inconsistent to the Constitution and laws of this State for the government of said town, and for the preservation of the good order and peace of said town, and for the violation of all ordinances of said town council, the mayor or mayor pro tem., shall have the right and power to punish by fine not exceeding twenty-five dollars, imprisonment not exceeding thirty days, or to work on the streets of said town not exceeding thirty days, and any one or more of these punishments may be inflicted by the mayor or mayor pro tem., in his discretion. Corporate powers.

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SEC. 16. Be it further enacted by the authority aforesaid, That if at any time the office of mayor and councilmen shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointing any citizen of said town eligible to such office. Vacancies. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1908. WOODLAND, TOWN OF, INCORPORATED. No. 332. An Act to incorporate the town of Woodland, in the county of Talbot, and to grant certain powers and privileges to said town and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the town of Woodland, in the county of Talbot, be, and the same is, hereby incorporated under the name of the town of Woodland; that the municipal government of said town of Woodland shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate, under the name and style of the town of Woodland, and by that name and style shall have perpetual succession, and shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain, to them and their successors, for the use of the town of Woodland, any

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estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation, or convey the same or any part thereof in any matter or way whatever; that the territory embraced within a radius of one-half of one mile from the public well, located between the Woodland bank and the store of the Woodland Supply Company, shall constitute the town of Woodland. The corporate limits shall extend one-half of one mile in every direction from the said well. Woodland, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That W. T. Smith be, and he is, hereby appointed mayor of said town, and J. L. Jackson, S. W. Woodall, S. O. Bryan, I. B. Butler and J. T. Russell be, and they are, hereby appointed councilmen for said town, to hold their offices until the first annual election in said town in the year 1908, and until their successors are elected and qualified. The above named officers to enter upon the discharge of their duties upon taking oath well and truly to administer the affairs of their said office immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in said town, at such place as the mayor of said town shall direct and designate, on the first Monday in January, 1909, and on the first Monday in January in each year thereafter, for a mayor and five councilmen, who shall hold their offices for one year, or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three places. Said notice shall be posted ten days before the election. Said election shall be held under the law governing the election of members of the General Assembly, and only such

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qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take oath to well and truly discharge the duties of their offices. Election of successors. SEC. 4. Be it further enacted, That the sale of liquor within the incorporate limits of said town is hereby prohibited. Sale of liquor. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Woodland, shall have power to make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in town as the public interests may demand to lay off, open, close up, curb, pave, drain and bridge, when necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns or public houses, to establish markets, and regulate all butcher pens, livery stables, blacksmith shops, forges, stoves and chimneys in said town, and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of the town, and to remove or abate any other thing that may be deemed to be a public nuisance and destructive to the health, peace and quiet of said town; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and from time to time to enlarge or restrict the same, and to prescribe what kind and what class of buildings shall not be constructed within said limits; to fill open wells or other excavations

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or open places; and the said mayor and council shall also have entire and exclusive control and jurisdiction of all soil pipes, private drains and sewers, water-closets and privy vaults and dry wells in said town, with full power to prescribe their location, structure, preservation and location, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town; and with power also to require changes in, or the total discontinuance of, any such contrivances or structures already in existence or that may hereafter be allowed, and to compel the owners of property to convey the water from housetops by means of gutters or otherwise, to sewerage pipes; provided, said sewerage pipes are laid within fifteen feet of the building required to be guttered. Corporate powers. SEC. 6. Be it further enacted, That said mayor may hold police courts, try offenders for the violation of the ordinances of the town, the rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, to sentence offenders to labor upon the streets or roads of said town, not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of the mayor. And when sitting as a court, said mayor may fine for contempt not to exceed ten dollars or imprisonment for five days for such contempt. Police court. SEC. 7. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal, and prescribe their duties, not inconsistent with this Act and the laws of this State, and shall provide and take such bond from said officers as may be necessary for the faithful performance of the duties of their officers, and fix their compensation. Said mayor and council are authorized to appoint a tax assessor, or assessors, should more than one be required, to assess the taxable

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property of said town, and perform such other service as may be required in connection with said office, fix the compensation of such assessor or assessors, and require a bond for the faithful performance of their duties; provided, that nothing in this Act shall disqualify one person from holding the office of clerk, treasurer and assessor at the same time. Subordinate officers. SEC. 8. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect taxes upon real and personal property within the corporate limits of said town; provided, that the tax assessed shall not exceed the amount of the State tax; also to levy and collect such tax on business occupations, theatrical exhibitions, or other performances, exercised, performed or exhibited within the corporate limits of said town, and fix such licenses for circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper. Taxes. SEC. 9. Be it further enacted, That should any property owner be dissatisfied with the assessment or valuation placed upon his or their property, by the assessor or assessors provided for in the seventh article of this Act, he or they shall have the right to appeal from said assessment to the mayor and council; provided, said appeal shall be made within ten days after the return of said assessor or assessors shall have been made to said mayor and council. Assessments. SEC. 10. Be it further enacted, That said mayor and council may choose from their own number a mayor pro tempore, who shall, in the absence, sickness or disqualification of the mayor, act as mayor, and in case of the absence of the mayor pro tempore, or his sickness or disqualification, a majority of the council shall choose one of themselves to act as mayor temporarily. Mayor pro tem. SEC. 11. Be it further enacted, That said mayor and councilmen shall receive such compensation for their

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services as may be fixed by the mayor and council, and shall be free from street duty during their term of office. Salaries. SEC. 12. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town subject to road duty, to work on the streets and walks of said town not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons, not to exceed five dollars. Street work or tax. SEC. 13. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. General welfare. SEC. 14. Be it further enacted, That all the powers and duties contained in Sections 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, of the Code of 1895, Volume 1, are hereby adopted and made a part of this Act. Statutory powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 30, 1908.

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WRIGHTSVILLE, PUBLIC SCHOOL SYSTEM. No. 374. An Act to establish a public school system within the corporate limits of the city of Wrightsville, this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, there shall be established in and for the city of Wrightsville, county of Johnson, this State (the corporate authorities of said town having so recommended) a system of public schools, the same to be established, conducted, maintained, supported and provided for in the manner hereinafter set forth. Wrightsville, public schools. SEC. 2. Be it further enacted, That T. L. Martin, J. H. Burch, P. C. Duggin, B. H. Moye and C. P. Simpson, be and they are hereby appointed and constituted a board of education for the city of Wrightsville. Said board shall fill all vacancies occurring in its body by death, resignation, removal from said town, expiration of term of office or otherwise, and three members of said board shall constitute a quorum for the transaction of all the duties and business of said board, and no person residing without the limit of said city of Wrightsville can ever be a member of said board. Board of education appointed. SEC. 3. Be it further enacted, That the above-named T. L. Martin and J. H. Burch shall hold the offices as members of said board for four years and that the above named B. C. Duggin, B. H. Moye and C. P. Simpson shall hold said offices for the term of two years; and that their successors shall hold for the term of four years. Terms of members. SEC. 4. Be it further enacted, That the officers of said board shall be a president, secretary and treasurer. All officers shall be elected by said board. The secretary

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and treasurer shall give bond and security in an amount to be fixed by the board for the faithful performance of the duties of their respective offices. All officers shall hold their office at the will of the board, and the duties of all officers shall be prescribed by the board. Said officers may be chosen from the members of said board. Officers of board. SEC. 5. Be it further enacted, That the duties of said board of education shall be to establish such schools in said city of Wrightsville as shall be necessary; to provide schoolhouses by building, rent, purchase or otherwise; to repair the same; to employ teachers; to prescribe the curriculum of said school; to fix the salaries of teachers; to hold titles to any property that may be procured by purchase, lease, gift or otherwise; and to make all such rules and regulations for the government of said board and for the government of said schools and for the receiving and paying out of school funds, as may be necessary and that are not in conflict with the laws of this State. Powers and duties of board. SEC. 6. Be it further enacted, That for the maintenance and support of said public schools, the county school commissioner of Johnson county shall pay over to the treasurer of said board of education so much of the State school fund for said county, as said city of Wrightsville may be entitled to; and said fund shall be prorated between the city of Wrightsville and the remainder of said county of Johnson, according to their respective school population. Pro rata part of State school fund. SEC. 7. Be it further enacted, That the said board of education may require each non-resident child, upon entering said school, to pay to said board an incidental fee, the amount of which shall be fixed by said board, and no child residing out of the city of Wrightsville shall attend said school or enjoy the benefits thereof until the required fee is paid. Fees of non-resident pupils.

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SEC. 8. Be it further enacted, That all sums collected and paid as above, shall constitute the public school fund for said city of Wrightsville, and shall be used and paid out by said board of education for the following purposes, to-wit: Payment of salaries of teachers, building, purchasing, renting, and leasing of schoolhouses and repairing and insuring same; purchasing school furniture and educational appliances and for other purposes connected with and for the good of said schools. Disbursements of school fund. SEC. 9. Be it further enacted, That the terms of said school shall be fixed by the board of education of said city, and shall be free to all children between the ages of six and eighteen years of age, whose parents or guardians or natural protectors reside within the corporate limits of the city of Wrightsville; and the children of non-residents and persons over eighteen years of age may be admitted to said school on such conditions as the board of education may prescribe. Scholastic terms, admissions etc. SEC. 10. Be it further enacted, That any member of the board of education shall be removed for non-feasance or malpractice and his place immediately filled as is hereinbefore provided. Neglect or malpractice of board member. SEC. 11. Be it further enacted, That all contracts made by said board of education of the city of Wrightsville shall be signed by the president and secretary of said board. Contracts of board. SEC. 12. Be it further enacted, That the mayor and council of the city of Wrightsville is hereby authorized, empowered and required to levy each year after the ratification of this Section of this Act by the qualified voters of said city of Wrightsville such special tax as the said board of education may recommend not to exceed one half of one per cent. of all the property of said town subject to taxation by said town and collect the said tax and pay the same over to the treasurer of said board of education, but before this Section of

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this Act shall become operative, the same shall be submitted to an election for approval or dispproval by the qualified voters of the city of Wrightsville, at an election to be held for that purpose, at such time as the mayor and council of the city of Wrightsville may determine. Notice of said election shall be given by the mayor of said city, by publication in any newspaper published in the city of Wrightsville once a week for four weeks previous to the day of election. Those favoring said tax for said public schools shall have printed or written on their ballots, For Tax For Public Schools, and those apposed shall have printed or written on their ballots, Against Tax For Public Schools. Said election shall be held in the same manner as the election for mayor and council of the city of Wrightsville are held; and all those qualified to vote at an election for mayor and council of said city shall be permitted to vote at an election herein provided for. The managers of said election shall certify the number of votes cast For Tax for Public Schools, and Against Tax For Public Schools to the mayor and council of the city of Wrightsville, and if a two-thirds majority of the persons voting at said election shall vote for Tax For Public Schools, the mayor of said city shall so declare in writing and publish his said declaration once in any newspaper published in said city, and upon said publication, this Section of this Act shall take effect and be of force, and the tax herein provided for shall then be levied and collected. All other provisions of this Act shall be of immediate force and effect without such election. School tax. SEC. 13. Be it further enacted, That separate schools shall be provided for the whites and for negroes. Separate schools for negroes. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 11, 1908.

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PART IV.RESOLUTIONS.

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Appropriation for Confederate cemetery at Marietta. Appropriation to pay expenses of special joint committee. Appropriation to pay armory rent for Fort Gaines Guards. Appropriation to pay for work of Carroll Daniel. Appropriation to pay Mrs. O. M. Case for destruction of house by fire. Appropriation to refund to Geo. M. Brinson amount paid by him for charter. Appropriation to pay per diem of doorkeeper of House. Appropriation to pay for copying pension rolls. Appropriation to pay commissions due to tax collector of Hancock Co. Appropriation to refund license tax for locker club to Palmer club. Appropriation to pay pension of Mrs. Mary Blackstock. Appropriation to pay pension of Mrs. E. J. Coker. Appropriation to pay pension of Mrs. S. F. Crain. Appropriation to pay pension of Mrs. Sarah Currens. Appropriation to pay pension of Mrs. Mary Ann Greer. Appropriation to pay pension of Mrs. Louise L. Hodge. Appropriation to pay pension of Mrs. Merinda Johnson. Appropriation to pay pension of Mrs. Lucy Lockhart. Appropriation to pay pension of Mrs. Mary McDougal. Appropriation to pay pension of F. M. Rice. Appropriation to pay pension of Mrs. Queen Shiver. Appropriation to pay pension of W. J. Stanford. Appropriation to pay pension of Mrs. Elizabeth Surrency. For relief of Terrell county from tax on dispensaries. For relief of J. W. Turner as surety for Alonzo Luckie. For relief of sureties of treasurer of Dade county. Joint committee to investigate convict system. Committee to investigate convict system, meetings of. Committee to investigate convict system, accountant for. Application of University for participation in Carnegie foundation approved. State School of Technology. Georgia Reports for DeKalb county. Confederate cemetery at Resaca, accepted by State. United States Health Department, memorial to establish. Atlantic Great Western canal, memorial for survey of. Unfinished business of legislature, for completion of.

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APPROPRIATION FOR CONFEDERATE CEMETERY AT MARIETTA. No. 71. A RESOLUTIONS. WHEREAS, By resolution of the General Assembly of this State, approved December 12th, 1866, the sum of $4,000.00 was appropriated to be expended for the completion of the cemetery at Resaca, and the removal and interment of the Confederate dead of Chicamauga, Missionary Ridge and along the line of Sherman's March upon the battlefields or places most convenient thereto; and, Confederate cemetery at Marietta, appropriation for. WHEREAS, The sum of $500.00 was expended in the completion of the Resaca cemetery and the remainder of said appropriation, to-wit: $3,500.00 was expended in the removal of 1,150 bodies from the battlefield of Chicamauga to the Confederate cemetery established at Marietta, a beautiful site six acres in extent, donated by the citizens of Marietta for said purpose; and, WHEREAS, By a resolution approved August 23, 1872, passed by the General Assembly, the sum of $2,000.00 was appropriated to the Ladies Memorial Association at Marietta, for the purpose of removing the Confederate dead from the battlefields between the Chattahoochee and Tennessee rivers; and whereas, by virtue of said Acts of the General Assembly of this State 3,000 bodies of our Confederate dead are buried in the Confederate cemetery at Marietta, which cemetery was kept and cared for, for forty years, without State ald, by the Ladies Memorial Association of Marietta; and, WHEREAS, Said Association after having sodded said cemetery in grass, and graded its walks and driveways, and put in sewers to drain off surplus water, and built thereon a grand speakers stand of stone, brick and

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marble, and placed marble headstones to each of the 3,000 graves thereon, said cemetery to the State of Georgia, and proposed to execute a deed of conveyance of said property to the State, reserving only the right to build thereon, without State aid a Confederate monument to cost not less than $2,500.00; and, WHEREAS, By resolution of the General Assembly of this State, approved August 20, 1906, the State accepted said cemetery as its property; and, WHEREAS, The Ladies Memorial Association of Marietta have practically secured, without State aid, the sum necessary to erect said monument, and is now ready to proceed with the erection of said monument; and, WHEREAS, Said cemetery is practically without enclosure, three sides thereof being partly fenced with loose strands of barb wire, while the remaining side has no fence at all; therefore be it Resolved, By the House of Representatives of Georgia, the Senate concurring, that the sum of $5,000.00 be, and the same is hereby appropriated for the following purposes; the erection of a wall around said cemetery, repairing walks and driveways, and doing all other work necessary for the purpose of keeping said cemetery in condition, and for paying the expenses incurred in doing all other work appertaining thereto, and required in caring for, and keeping the same, and for the further purpose of inscribing the names of the known dead upon the headstones thereof in said cemetery. Resolved further, That the Governor be and he is hereby authorized to draw his warrant on the treasury for said sum or so much thereof as may be required from time to time in favor of such person as may be designated by him to do the work for which this appropriation is made. Approved August 17, 1908.

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APPROPRIATION TO PAY EXPENSES OF SPECIAL JOINT COMMITTEES. No. 54. A RESOLUTION. To appropriate money to pay the expenses of the special joint committee of the Senate and House to investigate certain charges relative to the administration of the prison department, and special joint committee of House and Senate to investigate certain charges made by John T. Moore of Macon against members of House and Senate while inspecting convict camp of Bibb Brick Co. Resolved by the House of Representatives the Senate concurring, that the sum of three thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to pay the stenographer, sergeant-at-arms, accountants, witnesses fees, and other expenses incurred by the special joint committee of the Senate and House under Senate Resolution No. 37 to investigate certain charges relative to the administration of the prison department, the same to be paid on warrants of the Governor, in vouchers approved by the chairman of the joint committee. Appropriation to pay expenses of committees. Resolved further, by the authority aforesaid, That the sum of fifteen dollars be and the same is hereby appropriated to pay the stenographer for reporting and transcribing the evidence adduced before the committee investigating said charges and acting under House and Senate Resolution No. 199, the same to be paid on warrants of the Governor, approved, by the chairman of the joint committee. Approved August 14, 1908.

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APPROPRIATION TO PAY ARMORY RENT FOR FORT GAINES GUARDS. No. 63. A resolution to provide for the payment of fifty-four dollars and sixteen cents to W. A. McAllister for armory rent for the Fort Gaines Guards. WHEREAS, The Fort Gaines Guards, Company D, 4th Infantry, were disbanded by the State inspector-general on the 20th day of March, 1907, before receiving from the State their quarterly allowance with which to settle for armory rent, at which time said Fort Gaines Guards were due W. A. McAllister as follows: Appropriation to pay armory rent. To rent of armory from July 1st, 1906, to March 20th, 1907, 8 months and 20 days, $6.25 per month...... $54.16 WHEREAS, The said sum of fifty-four dollars and sixteen cents having not been paid to said W. A. McAllister, therefore be it Resolved, by the House of Representatives, and the Senate concurring, That the said sum of fifty-four dollars and sixteen cents be paid to W. A. McAllister out of the first funds appropriated and available for military purposes. Approved August 17, 1908. APPROPRIATION TO PAY FOR WORK OF CARROLL DANIEL. No. 55. A resolution to return to Laura Daniel, widow of Carroll

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Daniel, deceased, the amount received by the State of Georgia for work done by him in the penitentiary from March 5, 1906, to February 8, 1907, during which time he was illegally confined therein. WHEREAS, Carroll Daniel was on February 20, 1906 convicted of voluntary manslaughter in Pulaski county, and, WHEREAS, A motion for a new trial was filed in said case, and a supersedeas of the sentence therein granted on February 21, 1906, of which the proper officer failed to notify the Prison Commission; and, WHEREAS, A guard from the State penitentiary, under the direction of the prison commission took charge of said Carroll Daniel, and on March 5, 1906, delivered him to the lessees of convicts in Walker county, and at once put him to work in the mines of said county; and WHEREAS, On November 7th, 1906, the judgment of Pulaski superior court in said case was reversed, but the said Carroll Daniel was retained in said penitentiary thereafter till February 8, 1907, having remained thus for eleven months and three days in said penitentiary without authority of law; and, WHEREAS, The State received from the lessees of the said Carroll Daniel for his services during said time, and to which the said Carroll Daniel was entitled and the State not entitled, the sum of two hundred and twenty-four ($224.22) dollars and twenty-two cents; and WHEREAS, The said Carroll Daniel in August 1907, died leaving a widow, Laura Daniel, in needy circumstances, his death being the result of tuberculosis contracted during his service in said penitentiary; therefore be it, Resolved, by the House of Representatives, the Senate concurring, That inasmuch as the said Carroll Daniel was illegally detained in the State penitentiary for said eleven months and three days, and did work during said time, for which the State received $224.22, to which the said Carroll Daniel was entitled and the State

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not entitled, that said amount of $224.22 be paid to his widow Laura Daniel, be it further Appropriation to pay for work of Carroll Daniel. Resolved, That the Governor of the State be and he is hereby authorized to draw his warrant on the treasury of the State in favor of the said Laura Daniel, widow of the said Carroll Daniel, deceased, for $224.22, the same to be paid out of the fund arising from the hire of convicts. Approved August 14, 1908. TO COMPENSATE MRS. O. M. CASE FOR DESTRUCTION OF HOUSE BY FIRE. No. 60. A RESOLUTION. WHEREAS, Mrs. O. M. Case leased to the Prison Commission of Georgia, in 1904, through the superintendent of the State Farm, a certain tract of land in Baldwin county, adjoining the farm, in which was located a four-room dwelling house, it being agreed that said house was not to be used, but was to be nailed up and taken care of by said superintendent; and, WHEREAS, During a storm in February, 1904, a squad of convicts and the boss in charge, broke open and occupied said house, building a fire therein, from which fire said house caught shortly after it was abandoned by said convicts, and was entirely consumed. WHEREAS, The State Prison Commission and the Attorney-General, after careful inquiry into the facts, have found that the claim for compensation for the loss of said house is meritorious, and have recommended that the same be paid; therefore be it,

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Resolved, By the House of Representatives, the Senate concurring, That the Prison Commission be authorized to appraise the value of the building so destroyed and they be authorized and directed to compensate Mrs. O. M. Case for the loss of the same, out of the funds appropriated for the maintenance of the Prison Farm; provided, the sum so appropriated shall not exceed four hundred dollars. Payment for house of Mrs. O. M. Case destroyed by fire. Approved August 17, 1908. APPROPRIATION TO REFUND TO GEO. M. BRINSON AMOUNT PAID BY HIM FOR CHARTER. No. 46. A RESOLUTION. WHEREAS, On the 9th day of October, 1907, application was made to the Hon. Secretary of State by Geo. M. Brinson et al. for the incorporation of the Exchange Bank of Stillmore and $50.00 being deposited for the payment of said charter as prescribed by law and, Appropriation to refund amount paid for charter of Exchange Bank of Stillmore. WHEREAS, Said bank did not materialize and the sum of $50.00 was a total loss to the said Geo. W. Brinson et al. Therefore, be it resolved, That the Governor is hereby authorized to draw his warrant for the sum of $50.00 to be paid to said Geo. M. Brinson. Approved August 17, 1908.

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APPROPRIATION TO PAY PER DIEM OF DOORKEEPER OF HOUSE. No. 39. A RESOLUTION. WHEREAS, Mr. George Hauser the doorkeeper of the House of Representatives owing to continued illness finally resulting in his death on July 27, 1908, and preventing him from attending to the duties of his office. Per diem of doorkeeper of House. Be it therefore resolved by the House of Representatives the Senate concurring, That his per diem for the present session of the House be paid to his widow, Mrs. G. Hauser. Approved August 17, 1908. APPROPRIATION TO PAY FOR COPYING PENSION ROLLS. No. 66. A resolution to pay Mrs. L. H. Ledsinger for copying pension rolls in the pension office and for other purposes. WHEREAS, It was made necessary by providing for the quarterly payment of pensions that the rolls be compiled and copied into other books, and, WHEREAS, it was not possible for the working force of the pension department to do this work and carry on the actual daily works of the office, Mrs. L. H. Ledsinger

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was employed by the commissioner of pensions to do this work in part at which she devoted two and one-half months work at $75.00 per month, that the commissioner of pensions would pay her $50.00 per month and the other $25.00 to be paid by the State if the General Assembly would make the appropriation therefor, Be it resolved therefore, By the General Assembly of the State of Georgia, That the sum of sixty-two ($62.50) dollars and fifty cents be and are hereby appropriated out of any funds in the treasury to pay Mrs. L. H. Ledsinger for extra work done in the pension office and that the Governor do draw his warrant on the treasury to pay this sum out of any money therein. Payment for pension rolls. Approved August 17, 1908. APPROPRIATION TO PAY COMMISSIONS DUE TAX COLLECTOR OF HANCOCK COUNTY. NO. 68. A RESOLUTION. WHEREAS, A. M. Hutchinson, tax collector of Hancock county failed to make the regular monthly report of the collection of eight thousand four hundred and seventy-three dollars and forty-six cents of taxes due the State for the year 1903, all of which sum, however, having been fully paid by him to the proper authority of the State and, WHEREAS, For such failure to so report the penalty authorized by law was imposed upon him, requiring the forfeiture of all commissions due him as tax collector aforesaid for the collection of said tax, said commissions so forfeited being the sum of two hundred and one dollars and eighteen cents; and,

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WHEREAS, No loss was sustained by the State and all reports required of the said tax collector since said date have been promptly and fully made; and WHEREAS, Said A. M. Hutchinson has never received any commissions or compensation for the collection of the first above mentioned sum, but said commissions are still retained by the State; be it, Resolved, by the House of Representatives, the Senate concurring, That the sum of two hundred and one dollars and eighteen cents be and the same is hereby appropriated for the purpose of paying said commissions to the said A. M. Hutchinson, and the Governor is hereby authorized to draw his warrant for the said sum on the State treasurer, in favor of said A. M. Hutchinson, the same to be paid out of any moneys not otherwise appropriated. Payment of tax collector of Hancock county. Approved August 17, 1908. APPROPRIATION TO REFUND LICENSE TAX FOR LOCKER CLUB PAID BY THE PALMER CLUB. No. 59. A Resolution for the relief of L. B. Riser, H. D. Sievers, Hardy C. Cunningham, R. G. Prowder, Sanders Frain and L. Mell, citizens of Chatham county, Georgia. WHEREAS, L. B. Riser, H. D. Sievers, Hardy C. Cunningham, R. G. Prowder, Sanders Frain and L. Mell, citizens of Chatham county Georgia, on January 24th, 1908, filed their petition in the office of the clerk of the superior court of Chatham county, praying to be incorporated as a locker club, under the name and style

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of the Palmer Club, at the same time paying the required five hundred dollar locker club license as prescribed in the 47th paragraph of the General Tax Acts of 1907, page 35, to the tax collector of Chatham county for the State. WHEREAS, The petition came to be heard before his Honor, Judge Walker G. Charlton, judge of the superior court of Chatham county, Georgia, the charter was denied, and the proposed Palmer Club, locker club, was never in operation or existence, and the five-hundred-dollar locker club license as prescribed in the 47th paragraph of the General Tax Act, Acts of 1907, page 35, has never been returned to the aforementioned petitioners, therefore be it, Resolved, By the House of Representatives, the Senate concurring, That the sum of five hundred ($500.00) dollars be and the same is hereby appropriated with which to refund to the said L. B. Riser, H. D. Sievers, Hardy C. Cunningham, R. G. Prowder, Sanders Frain and L. Mell, and that the proper officials of this State be directed to pay said sum to the said parties. Appropriation to refund amount paid for license by the Palmer Club locker club. Be it further resolved, That the Governor be, and he is, hereby authorized to draw his warrant for the payment of said sum of five hundred dollars to the aforesaid L. B. Riser, H. D. Sievers, Hardy C. Cunningham, R. G. Prowder, Sanders Frain and L. Mell, to be paid out of any funds not already appropriated. Approved August 17, 1908.

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APPROPRIATION TO PAY PENSION OF MRS. MARY BLACKSTOCK. No. 65. A Resolution to pay Mrs. Mary Blackstock sixty dollars as pension for the year 1908. WHEREAS, Mrs. Mary Blackstock, of Pickens county, Georgia, is the widow of R. R. Blackstock, deceased, a Confederate veteran, and was his wife at the time of his service in the Confederate Army; and, WHEREAS, The said R. R. Blackstock died on the 12th day of December, 1906, and prior to his death for a number of years he had been drawing a pension from the State of Georgia; and, WHEREAS, The said Mrs. Mary Blackstock drew the pension due her said husband for the year 1907, and was informed and believed that she did not have to make application to draw a pension annually, believing that as she was the widow of said R. R. Blackstock that that fact alone gave her the right to draw a pension; and, WHEREAS, On account of the facts above alleged she did not make her application for above pension in time to be on the pay-roll for 1908, but did not make her application in time to be on the pay roll for 1909, which application has been approved by the Pension Commissioner of said State; and, WHEREAS, Said Mrs. Mary Blackstock is entitled to a pension for the year 1908; therefore, Be it resolved by the House of Representatives, the Senate concurring, the sum of $60.00 be declared to be due the said Mrs. Mary Blackstock for the year 1908. Appropriation to pay pension of Mrs. Mary Blackstock. Be it further resolved, That the Governor of said State be, and he is hereby, authorized to draw his warrant upon the treasurer of Georgia in favor of said Mrs. Mary Blackstock for the sum of sixty dollars, to

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be paid out of any moneys not otherwise appropriated. Appropriation to pay pension of Mrs. Mary Blackstock. Be it further resolved, That all laws and parts of laws in conflict with this resolution be hereby repealed. Approved August 17, 1908. APPROPRIATION TO PAY PENSION OF MRS. E. J. COKER. No. 52. A RESOLUTION. WHEREAS, Mrs. E. J. Coker of Webster county, Georgia, widow of J. R. Coker, deceased soldier of said Webster county, had been on the pension roll of said county for several years before her death which occurred in 1903, and that she drew her pension regularly every year up to the year of her death in 1903, that in said year she had signed her papers for pension and the amount of her pension had been paid over to the ordinary of said Webster county by the pension commissioner before her death, but before said ordinary could pay the money over to her she died and the said ordinary returned the sum of sixty dollars to the treasurer of the State, That said Mrs. Coker at the time of her death, and for a long while before, was living with one A. M. Johnson who is a poor man and had all the expenses of the sickness and the burial expenses of the said Mrs. Coker to pay out of his own resources, which, in his financial condition was a considerable sacrifice. Therefore be it resolved by the House of Representatives, the Senate concurring, That the said Amos Johnson be paid the sum of sixty dollars, the pension of the

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said Mrs. E. J. Coker, for the year 1903, and the Governor is authorized to draw his warrant on the treasurer for the payment of the same on any fund not otherwise appropriated. Appropriation to pay pension of Mrs. E. J. Coker. Approved August 17, 1908. APPROPRIATION TO PAY PENSION OF MRS. S. F. CRAIN. No 47. A RESOLUTION. WHEREAS, Mrs. S. F. Crain of Heard county, Georgia, is the widow of Mr. S. H. Crain a deceased Confederate veteran; and, WHEREAS, The said S. H. Crain, a pensioned soldier having died on the 19th day of November 1906, which date was such as that the State was not due him any pension for 1906 and his widow could not make application and be placed on the pension list for 1906, and, WHEREAS, The said Mrs. S. F. Crain has now made application, and will be placed on the pension list for 1907, Therefore be it resolved by the House of Representatives, the Senate concurring, that the sum of sixty dollars be declared to be due the said Mrs. S. F. Crain as indigent widow for the year 1907, Be it resolved further, That the Governor of Georgia be, and he is, hereby authorized to draw his warrant upon the treasury of Georgia in favor of said Mrs. S. F. Crain to be paid out of any moneys not otherwise appropriated. Appropriation to pay pension of Mrs. S. F. Crain. Approved August 17, 1908.

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APPROPRIATION TO PAY PENSION OF MRS. SARAH CURRENS. No. 43. A RESOLUTION. WHEREAS, Peter Currens of the county of Heard was on the indigent pension roll of this State and was paid his pension for 1905; and, WHEREAS, The said Peter Currens departed this life on the 20th day of November 1905; and, WHEREAS, Under the law and the rules of the commissioner of pensions in closing the rolls to be paid 1906 on the first day of October 1905, and Peter Currens' name being on the roll for 1906 made it too late for Mrs. Sarah Currens, who is now on the pension roll, and who was married to said Peter Currens on the 10th day of March, 1862, and who is now his widow, to apply in her own right for the pension due her husband for 1906 after his death. Be it resolved by the General Assembly, and it is hereby enacted by authority of the same, with the concurrence of the Senate, That the sum of sixty dollars be and the same is hereby appropriated to pay said Mrs. Sarah Currens of Heard county for the pension of 1906 and that the Governor is authorized to draw his warrant on the treasurer for the payment of said sum. Appropriation to pay pension of Mrs. Sarah Currens. Approved August 17, 1908.

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APPROPRIATION TO PAY PENSION TO MRS. MARY ANN GREER. No. 50. A Resolution to authorize the payment of pension of Thos. H. Greer, deceased, to his widow, Mrs. Mary Ann Greer. WHEREAS, Thos. H. Greer, of Newton county, was an infirm and poverty-stricken Confederate soldier, and was a regularly enrolled indigent pensioner under the laws of Georgia, and, WHEREAS, There was due and payable to said Thos. H. Greer, an indigent pension of sixty dollars ($60.00), on the first day of January, 1908, the same having been approved and ordered paid to said Greer, and, WHEREAS, The said Thos. H. Greer died on the 24th day of December, 1907, leaving his widow, Mary Ann Greer, and she being indigent, and having been the wife of said Greer during the war, Resolved, by the General Assembly of Georgia, That the said Mary Ann Greer be paid said pension of sixty dollars ($60.00) due said Thomas H. Greer, and said amount is hereby appropriated for said purpose, and the treasurer is hereby authorized to pay the same upon the warrant of the governor. Appropriation to pay pension of Mrs. Mary Ann Greer. Approved August 17, 1908. APPROPRIATION TO PAY PENSION OF MRS. LOUISE L. HODGE. No. 53. A Resolution to pay unpaid pension for 1907 to Mrs. Louise L. Hodge.

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WHEREAS, A. J. L. Hodge, of the county of Jasper, was on the indigent pension roll of this State, and was paid his pension for 1906, and, WHEREAS, The said A. J. L. Hodge departed this life on the day of November, 1906, and, WHEREAS, Under the law and rules of the commissioner of pensions in closing the rolls to be paid in 1907 on the first day of October, 1906, and the said A. J. L. Hodge's name being on the roll for 1906, made it too late for Mrs. L. Hodge, who married the said A. J. L. Hodge in the year 1858, and who is now his widow, to apply in her own right for the pension due her husband for 1907 after his death, Therefore, be it resolved by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That the sum of sixty ($60.00) dollars be and the same is hereby appropriated to pay said Mrs. Louisa L. Hodge of the said county of Jasper for her pension for the year 1907, and that the Governor of this State is hereby authorized to draw his warrant on the treasury for the payment of said sum of money. Appropriation to pay pension of Mrs. Louise L. Hodge. Approved August 17, 1908. APPROPRIATION TO PAY PENSION TO MRS. MERINDA JOHNSON. No. 44. A RESOLUTION. WHEREAS, Frank Johnson, late of Sumter county, died on December 11th, 1907, and, WHEREAS, Said deceased Frank Johnson was at the time of his death drawing a pension of sixty dollars per

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annum under existing laws for indigent Confederate soldiers, and, WHEREAS, Said deceased left a widow to whom he was married March 6th, 1859, Merinda Johnson, and, WHEREAS, At the time of said Johnson's death it was too late for his said widow to be placed upon the pension rolls for the year 1908, and, WHEREAS, The said Merinda Johnson is indigent and aged and infirm, Therefore be it resolved by the House of Representatives, the Senate concurring, That the sum of sixty dollars be paid to the said Merinda Johnson, widow of said Frank Johnson, deceased, and the Governor is hereby authorized to draw his warrant on the treasury for the payment of said sum out of any funds in the treasury not otherwise appropriated. Appropriation to pay pension of Mrs. Merinda Johnson. Approved August 17, 1908. APPROPRIATION TO PAY PENSION OF MRS. LUCY LOCKHART. No. 38. A Resolution to put the name of Mrs. Lucy Lockhart, of Wilkinson county, on the pension roll for year 1906, as an indigent widow, and to appropriate the sum of sixty dollars for the payment thereof. WHEREAS, James Lockhart, of Wilkinson county, was on the pension roll as an indigent pensioner and died March....., 1905, and, WHEREAS, His widow, Lucy Lockhart, was married to him prior to the Civil War, and by reason of blindness and poverty is unable to provide a living for herself, and who was entitled to be put on the pension roll for 1906, and to draw a pension of sixty dollars, but on

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account of her ignorance of the pension law she did not get her name on the pension roll in time to draw a pension for 1906, and, WHEREAS, She has been duly enrolled as a pensioner, has drawn her pension for 1907, Now therefore be it resolved, That the name of Mrs. Lucy Lockhart be enrolled among the indigent widows for 1906, and that the sum of sixty dollars be, and the same is, hereby appropriated for the payment of her pension for 1906, and that the Governor is directed and authorized to draw his warrant accordingly. Appropriation to pay pension of Mrs. Lucy Lockhart. Approved August 17, 1908. APPROPRIATION TO PAY PENSION TO MRS. MARY MCDOUGAL. No. 49. A Resolution to pay a pension to Mrs. Mary McDougal, a citizen of Gordon county, Georgia, for the year 1908. WHEREAS, Sidney McDougal, husband of Mrs. Mary McDougal, died in Dawson county, November 24th, 1907, and at that time he was on the indigent pension roll of the State of Georgia, under the laws providing pensions for Confederate soldiers, WHEREAS, Sidney McDougal died so late in the year that his wife could not make out a claim for a pension, and have it approved by the pension commissioner in time to get on the pension roll for the year 1908, WHEREAS, Sidney McDougal and Mary Carder were married on the 2nd day of September, 1858, in Lumpkin county, Ga., WHEREAS, Mrs. Mary McDougal is now old, infirm and needy, and a person of good character, and has filed an

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application for an indigent pension, which will be passed upon by the pension commissioner during the latter part of the year 1908, so that she can be put on the pay-roll for 1909, Therefore be it resolved by the House of Representatives and the Senate concurring, That the sum of sixty dollars be, and the same is, hereby appropriated to pay a pension to Mrs. Mary McDougal, the amount she is entitled to, for the year 1908, of which she was deprived by no fault of her own, and the Governor is hereby authorized to draw a warrant on the treasurer of the State of Georgia for said amount. Appropriation to pay pension of Mrs. Mary McDougal. Approved August 17, 1908. APPROPRIATION TO PAY PENSION OF F. M. RICE. No. 64. A RESOLUTION. WHEREAS, F. M. Rice, of the county of Franklin, was regularly and legally enrolled as an indigent Confederate pensioner, and had been regularly paid his pension prior to the year 1904, and, WHEREAS, During the year 1903 he was practically an invalid with no relatives or friends to care for and support him, and, WHEREAS, W. A. Mitchell, in 1903, furnished the said F. M. Rice the necessaries of life upon which to subsist, and, WHEREAS, On Jan. 1, 1904, said F. M. Rice signed a receipt for his pension and delivered the same to the ordinary of Franklin county, at the same time authorizing said ordinary to deliver his pension check to said

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W. A. Mitchell, in order that said W. A. Mitchell might be paid from the proceeds of said check the advances during 1903 made to said F. M. Rice, and WHEREAS, Said F. M. Rice died on Jan. 7th, 1904, before his pension check was received, at the age of 73, and WHEREAS, All the burial expenses of said F. M. Rice were paid by said W. A. Mitchell, said burial expenses and said advances aggregating $48.90, no part of which sum has been paid, and, WHEREAS, When W. A. Mitchell received the pension check aforesaid of F. M. Rice, he returned the same to the ordinary of Franklin county, and said ordinary forwarded the same to the pension commissioner, and said pension has never been paid, and WHEREAS, That part of Franklin county in which F. M. Rice lived is now a part of Stephens county, Therefore be it resolved by the House of Representatives, the Senate concurring, That the sum of forty-eight ($48.90) dollars and ninety cents be, and the same is, hereby appropriated with which to pay said sum to W. A. Mitchell, and, Appropriation to pay pension of F. M. Rice. Be it further resolved, That the Governor be, and he is, hereby authorized to draw his warrant upon the treasurer for the sum of $48.90 in favor of the ordinary of Stephens county, said sum to be paid to W. A. Mitchell. Approved August 17, 1908. APPROPRIATION TO PAY PENSION OF MRS. QUEEN SHIVER. No. 70. A Resolution authorizing the payment of pension due Mrs. Queen Shiver, of Mitchell county, Georgia, for the year 1906.

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WHEREAS, Henry Shiver, late of Mitchell county, Georgia, was duly entered upon the pension rolls of this State for said county for a pension for the year 1905, as a Confederate veteran, drawing a pension of $60.00 per annum; and, WHEREAS, The said Henry Shiver died in the said county of Mitchell on June 10th, 1905; and, WHEREAS, Mrs. Queen Shiver, now of Mitchell county, is the widow of said Henry Shiver, and was, for the year 1907, and is now duly enrolled on the pension list of said State as such widow, entitled to draw a pension of $60.00 per annum, and was, by reason of her sickness and poverty, so much delayed in making her application to be placed on said pension roll for the year 1906, that, although her application for a pension was duly approved, that same was too late to enable her to draw said pension for said year 1906, and she has never received said pension for said year 1906; therefore, Be it resolved by the House of Representatives, the Senate concurring, That the sum of $60.00 be, and the same is, hereby declared to be due the said Mrs. Queen Shiver as a pension due her as an indigent widow of said Confederate soldier, Henry Shiver, for and during the year 1906; and Appropriation to pay pension of Mrs. Queen Shiver. Be it further resolved, That the Governor of Georgia be, and he is, hereby authorized to draw his warrant upon the treasurer of Georgia for the sum of $60.00 in favor of the said Mrs. Queen Shiver, as payment of the pension due her for the year 1906 said warrant to be paid out of any moneys not otherwise appropriated; and, Be it further resolved, That all laws and parts of laws in conflict with this Resolution be, and the same are, hereby repealed. Approved August 17, 1908.

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APPROPRIATION TO PAY PENSION OF W. J. STANFORD. No. 69. A Resolution appropriating $60.00 for the payment of pension to W. J. Stanford of Forsyth county. WHEREAS, Heretofore in the year 1906 W. J. Stanford, of the county of Forsyth made application to the commissioner of pensions for pension as an indigent pensioner, having filed an application for such purpose in the month of September, 1906, and, WHEREAS, On account of the fact that the Commissioner of Pensions has made it the invariable rule that no pension application shall or will be considered, unless the same reaches his office prior to the first day of September of the year in which the application is made, and, WHEREAS, The Commissioner of Pensions has allowed the said W. J. Stanford a pension for the year 1908, on the identical proof filed in his office in September, 1906, which had it not been for the rule adopted by the Commissioner, would have allowed him a pension for the year 1907, he having had proof in the office of the Commissioner of Pensions for more than one year entitling him to a pension, and, WHEREAS, The wife of the said W. J. Stanford is now at the point of death, and has been for more than a year, with cancer of the stomach, and has no other means of support, or any other means of being nursed, or cared for except the services and assistance rendered by her husband W. J. Stanford, and, WHEREAS, The said W. J. Stanford, on account of his age and disabilities is unable to nurse, care for, or earn a support for his said wife, Therefore, be it resolved, by the House of Representatives, the Senate concurring, That the sum of $60.00 be and the same is hereby appropriated to the said W. J.

Page 1025

Stanford, for the pension to which he would have been entitled had his application been considered in the year 1906, and the Governor is authorized to draw his warrant for that purpose, to be paid out of any funds in the treasury not otherwise appropriated. Appropriation to pay pension of W. J. Stanford. Approved August 17, 1908. APPROPRIATION TO PAY PENSION OF MRS. ELIZABETH SURRENCY. No. 40. A RESOLUTION. To pay pension due to John M. Surrency, an indigent pensioner of Coffee county, for 1904, to his widow, Mrs. Elizabeth Surrency. WHEREAS, John M. Surrency was on the indigent pension roll of Coffee county and the pension of sixty dollars for 1904 was due to him and unpaid at the date of his death, February 23, 1904, and, WHEREAS, At the death of the said John M. Surrency he left a widow, Elizabeth Surrency, surviving him, and through an oversight the pension due to her husband for 1904, has never been paid to her or any one else for her, and is now due by the State and unpaid, Be it therefore resolved by the General Assembly of the State of Georgia, the Senate concurring, that the sum of sixty dollars be and the same is hereby appropriated to pay Mrs. Elizabeth Surrency, the widow of John M. Surrency, for the pension due him at his death, Feb. 23, 1904, for the year 1904, and that the Governor is hereby authorized to draw his warrant on the treasury

Page 1026

of the State for sixty dollars in favor of Mrs. Elizabeth Surrency to be paid out of any money in the treasury. Appropriation to pay pension of Mrs. Elizabeth Surrency. Approved August 17, 1908. FOR RELIEF OF TERRELL COUNTY FROM TAX ON DISPENSARIES. No. 36. A RESOLUTION. That the county of Terrell be relieved of the State tax for the year 1907 on the four dispensaries that were by the citizens of said county voted out during the month of February, this year. The amount of said tax that they are to be relieved of is $979.72. Said county having paid the tax for the time that they operated during the year 1907 which was $220.28. Relief of Terrell county. Approved July 23, 1908. FOR RELIEF OF J. W. TURNER AS SURETY FOR ALONZO LUCKIE. No. 67. A RESOLUTION. For the relief of J. W. Turner of Greene county. WHEREAS, J. W. Turner of Greene county, State of

Page 1027

Georgia, did on the 22nd day of August, 1906, become bail for the appearance of one Alonzo Luckie to the February term, 1907, of Greene superior court to answer to the offense of assault with intent to murder, which said bond was forfeited at August term, 1907 of said court, and, WHEREAS, Execution issued upon the forfeiture of said bond for the principal sum of two hundred and fifty dollars and cost, which was paid by the said J. W. Turner to the treasurer of Greene county, Georgia, said sum being covered into the treasury of said county, and, WHEREAS, The said Alonzo Luckie was on the 13th day of June, 1908, recaptured by the said J. W. Turner in the county of Dodge and State of Georgia, the said J. W. Turner paying a reward as well as the expenses of bringing him back to the county of Greene and, WHEREAS, The said Alonzo Luckie was delivered by the said J. W. Turner to S. O. Swann, the sheriff of Greene county and, WHEREAS, The said Alonzo Luckie is now confined in the jail of said county of Greene awaiting his trial on said charge the 2nd Monday in August, 1908, therefore be it Resolved by the House of Representatives, the Senate concurring, That inasmuch as the purpose for which said bond was given was fully accomplished, the treasurer of said county of Greene is hereby authorized and directed to pay to J. W. Turner the sum of two hundred and fifty dollars from county treasury of said county of Greene not appropriated for other purposes. For relief of J. W. Turner. Approved August 17, 1908.

Page 1028

FOR RELIEF OF SURETIES OF TREASURER OF DADE COUNTY. No. 61. A RESOLUTION. To authorize the county authorities of Dade county, Georgia, to relieve J. R. Brock, T. F. Smith, Geo. W. Cureton and D. E. Tatum from liability as sureties on bond of John M. Castelberry, as treasurer of said county. WHEREAS, J. R. Brock, T. F. Smith, Geo. W. Cureton, and D. E. Tatum in 1904 became sureties on the bond of John M. Castelberry as treasurer of Dade county, Georgia, in the sum of $9,500.00, and, WHEREAS, The said John M. Castelberry did in the year 1906, as such county treasurer become a defaulter in the sum of $4,500.00 and, WHEREAS, The said John M. Castelberry was convicted in the superior court of said county of the charge of embezzlement and fined only a nominal sum, in view of the fact that a large number of the citizens of said county requested that he be exonerated of the charge, and, WHEREAS, Under the law and the terms of the bond signed by said named parties as sureties, they are liable for the amount of such defalcation, to-wit: the sum of $2,858, and, WHEREAS, Some two-thirds of the citizens and tax payers of said county have signed a petition asking that said sureties be relieved from liability on said bond, Therefore be it resolved by the General Assembly of Georgia, that the county authorities of Dade be and they are hereby authorized to relieve J. R. Brock, T. F. Smith, Geo. W. Cureton and D. E. Tatum from liability on account of said bond, and that said county authorities

Page 1029

be also authorized to refund to said sureties any and all sums which said sureties or either of them have already paid on account of said bond except such amount as has been expended as costs of the prosecution against said John M. Castelberry. For relief of sureties of treasurer of Dade county. Approved August 17, 1908. JOINT COMMITTEE TO INVESTIGATE CONVICT SYSTEM. No. 34. A RESOLUTION. WHEREAS, The committee from the Senate and House of Representatives appointed at the last session of the General Assembly to visit the institutions and camps at which the convicts of the State are used and worked, has made a report in which gross misconduct is charged to certain employes of the State in the control and management of the convicts and also violations of the terms of the contracts under which certain lessees are working convicts; and, WHEREAS, Said report finds and charges that the chief warden, whose duty it was to represent the interests of the State, was, while acting for the State and drawing the salary allowed him, trafficking in the convicts and making a profit out of the sub-leasing of the same, and, WHEREAS, Said report further finds and charges that deputy wardens, whose duty it was to represent the State in the management and control of the convicts at the camps at which said wardens are located, were, while receiving pay from the State, also receiving money from the lessees; and,

Page 1030

WHEREAS, The Governor in his annual message has brought this misconduct of the employees of the State to the attention of this General Assembly; and, WHEREAS, The report of said committee further finds and charges that certain lessees have violated the contracts under which they are working the State's convicts; and, WHEREAS, The law requires that the contracts under which convicts are leased shall be forfeited whenever the lessee violates the terms of the same or fails to carry out the rules and regulations of the Prison Commission, and upon such forfeiture the State is entitled to have and collect from the offending lessee damages fixed by law which shall be recovered from the lessee and the sureties upon his bond; and, WHEREAS, It is charged by the press of the State that the laws governing the control and working of convicts in the State of Georgia is being flagrantly abused and the good name of the State, as well as those charged with the management of the convicts, demands that the truth be known; and, WHEREAS, The Governor in his annual message makes known to this General Assembly that the Georgia State reformatory as it is now conducted is but a prison farm, when the Act creating this institution makes provision for the reforming of its youthful inmates and does not contemplate the managing of them as criminals, and the committee above referred to reports that it has not had an opportunity to examine this institution; Therefore, Be it resolved by the Senate, the House of Representatives concurring, that a committee of three from the Senate and five from the House be appointed to investigate the charges above referred to, and the working of the convicts under the present lease contracts, and ascertain if the lessees are carrying out the terms of their contracts, and to also investigate the Prison Farm and the Georgia State Reformatory and ascertain if the law in regard to these institutions is being

Page 1031

obeyed and carried out, and to especially investigate and report: Joint committee to investigate convict system. 1. If any officer, chief warden, warden, guard or other employee of the State, whose duty it is or was to manage, control or who is or was otherwise connected with the convicts of the State is receiving or has received any emolument, money, compensation, gift or gratuity from the working, trafficking in or controlling of convicts other than the lawful compensation allowed by the State, and this investigation and report shall cover any such officer, chief warden, warden, guard or other employee whether now in the employment of the State or not. 2. If any member of the Prison Commission knew or had reason to believe that any chief warden, warden, guard or other employee or officer of the State was trafficking in the convicts of the State and deriving a profit from the leasing or subleasing of the same or receiving any compensation from any lessee. 3. If any lessee is violating or has violated his contract or any rule or regulation promulgated for the working of the convicts, and if such violation would authorize the forfeiture of the contract and the collection of the damages provided by law. 4. If there is or has been any mismanagement or misconduct on the part of any employee, guard or other officer charged with the control and conduct of the Prison Farm in Baldwin county. 5. If the Georgia State Reformatory is being conducted in accordance with the provisions of the Act creating the institution. 6. If there is any mismanagement of, or cruelty to, or other violations of the law or rules and regulations of the Prison Commission by any of the lessees, or officers or employees of the State in any of the camps where the convicts are worked by the lessees. 7. If there is any mismanagement, cruelty or violation of the law in any road camp, either misdemeanor or

Page 1032

felony, and if any counties are illegally disposing of their misdemeanor convicts, and misdemeanor convicts are being illegally employed or worked. 8. The investigating committee is hereby authorized to investigate any and all charges emanating from any source, and investigate any and all conditions whether in the Prison Commission or convict camp, and particularly to find whether or not any of the irregularities charged as existing were within the consent or knowledge of the Prison Commission. Resolved further, That, for the purpose of this investigation, the committee shall have full power and authority to call before it all witnesses which it deems necessary, and a subpoena signed by the chairman shall be sufficient authority to force the attendance of any witness desired. The committee shall also have power to require the production of any and all books, papers, documents or other writings which, in the judgment of the committee, are necessary for the purposes of the investigation. The Prison Commission is authorized and directed to have present when requested by the committee any convict desired to be used as a witness, whether such convict be in the custody of the State, any lessee or any county. The committee is further authorized to do any and all things necessary for the carrying out of its duties and making the investigations required by this Resolution. Resolved further, That the committee shall have the power and authority to employ and appoint a stenographer to take down and report its proceedings, and shall also have the power and authority to name and appoint some fit and proper person or persons to attend its proceedings and act in serving its subpoenas and warrants, and to otherwise assist the committee in performing its duties. Approved July 26, 1908.

Page 1033

COMMITTEE TO INVESTIGATE PRISON DEPARTMENT, SESSIONS OF. No. 62. A RESOLUTION. Resolved by the House, the Senate concurring, That the joint committee heretofore appointed by the Senate and House, to investigate the administration of the Prison Department, be and the same is hereby authorized to sit after the adjournment and complete the investigation ordered, with all the powers and authority contained in said Senate Resolution and in House Resolution No. 279. Sessions of committee to investigate convict system. Resolved further, That said committee is hereby authorized and directed to report to the extra session of this General Assembly which is to be called by the Governor. Resolved further, That the members of said committee, during their sittings in vacation, be paid regular per diem and actual traveling expenses incurred while in the discharge of their duties. Approved August 17, 1908. COMMITTEE TO INVESTIGATE CONVICT SYSTEM, ACCOUNTANT FOR. No. 37. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, That the joint committee of the

Page 1034

Senate and House to investigate the administration of the prison department under Senate Resolution No. 37, be and they are hereby authorized and empowered to employ the services of an expert accountant, for the purpose of examining the books, accounts and vouchers of the prison department in Atlanta and at the State farm and the reformatory at Milledgeville. Accountant for committee to investigate convict system. Approved July 30, 1908. APPLICATION OF UNIVERSITY FOR PARTICIPATION IN CARNEGIE FOUNDATION APPROVED. No. 35. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, That the application of the board of trustees of the University of Georgia, for the admission of the University of Georgia, such of its colleges and technical schools, as may be eligible, to participate in the rights and privileges of the Carnegie Foundation for the advancement of teaching be and the same is hereby approved by the General Assembly. Carnegie Foundation, participation of University. Approved July 22, 1908.

Page 1035

STATE SCHOOL OF TECHNOLOGY. No. 57. A resolution declaring the name of the State technological school. Resolved by the Senate, the House concurring, That the name of the technological school located in Atlanta, which is a branch of the State University shall be known as the State School of Technology and so recognized in the official records and proceedings of the several departments of the State government. State School of Technology. Approved Aug. 17, 1908. GEORGIA REPORTS FOR DEKALB COUNTY. No. 42. A RESOLUTION. Resolved by the House, the Senate concurring, That the State librarian is hereby authorized and directed to furnish to the county of DeKalb for the use of the superior court such volumes of the Georgia Reports as are necessary to complete the set, to-wit: Volumes 3, 10, 13, 14, 17, 20, 23, 25, 28, 33, 34, 35, 37, 40, 41, 42, 43, 73, 74, 79, 87, 88 and 121. DeKalb county, Georgia reports for. Approved August 14, 1908.

Page 1036

CONFEDERATE CEMETERY AT RESACCA, ACCEPTED BY STATE. No. 58. A RESOLUTION. WHEREAS, Three hundred and seventy-five Confederate soldiers who lost their lives in defense of the Confederacy are buried in the Confederate cemetery at Resacca; and, Resacca, Confederate Cemetery. WHEREAS, The Ladies' Memorial Association of Resacca have had the care and charge of said cemetery for many years; and, WHEREAS, Said burial ground was donated for the purpose by one who had patriotically served the Confederacy; and, WHEREAS, The daughters of this munificent donor, together with another patriotic woman of the Confederacy have unselfishly devoted their lives and money to the burial and care of those who lost their lives in heroic defense of Georgiahaving erected a wire fence enclosure around the grounds, besides building a speakers stand and placing marble headboards to each of the three hundred and seventy-five graves, and have lovingly and tenderly cared for said cemetery for the past forty years; and, WHEREAS, The said Ladies' Memorial Association of Resacca, which holds the title of said property, tenders the said cemetery to the State of Georgia, and proposes to execute a deed of conveyance of said property to the State; therefore be it, RESOLVED, By the Senate of Georgia, the House concurring, That the State accept said cemetery as its property. Approved August 17, 1908.

Page 1037

UNITED STATES HEALTH DEPARTMENT, MEMORIAL TO ESTABLISH. No. 56. A RESOLUTION. A Resolution of the Senate, the House concurring. WHEREAS, The American Association for the advancement of science, has appointed a committee of one hundred on national health. United States Health Department, memorial. WHEREAS, The United States has no national department of public health, WHEREAS, national health means national wealth, and [Illegible Text] has been well said, by our president that public health is our greatest asset. WHEREAS, The earning capacity and longevity of the individual determines his total worth to a nation, and the total number of citizens represents the total amount earned by a nation, WHEREAS, If we could add a few years to longevity, we should have added millions to the nation, WHEREAS, Since there are more than twenty million preventable deaths occur in the United States during a single decade, and it is claimed that if a public health department was established, that the death rate could be reduced one-half, apart from incalculable misery, and the saving in money that could be effected in this country that would place it from two billion to four billion dollars per year, WHEREAS, It is estimated that two hundred million dollars per annum in clean cash is spent for the treatment of typhoid fever, besides the suffering of these unfortunates, WHEREAS, That education along the lines of hygiene and sanitation, and preventative medicine, and the study

Page 1038

of the injurious effect of a great number of substances which are directly poisonous to the human organism, and tend to impair the hereditary energies of man so as to produce degenerates, WHEREAS, That scientific knowledge of the effect of these substances is very desirable, in order that proper knowledge may be communicated to the great masses, WHEREAS, Under the present regime of administration of affairs, with a great amount of ignorance along the line of public health, it would be economy to the nation, and a great boon to the relief and prevention of human suffering, WHEREAS, Since disease and degeneracy are strong factors in the causation of crim,e it would lessen greatly the burden upon the State and nation in relieving them of the expense of prosecution and care for these victims, WHEREAS, The great burden upon the nation of charities, as orphanage, reformatories and asylums would greatly lessen in their number of inmates which would also be an expense taken off of the nation, WHEREAS, Tuberculosis or the great white plague that is so prevalent in the United States, is taking from us some of the best talents, the most desirable and efficient citizens, WHEREAS, That only twenty-three States in the Union that now have vital statistics on registration, therefore, it makes it impossible to determine the longevity of man in the United States, and it would be important, instructive and valuable to every State who has no registration to have distributed the plans and system of the States that now have vital statistics. WHEREAS, It is more humane and noble to destroy the enemies of health when they touch our territories rather than allow the conditions that are inviting them in and then undertake to fight them when they are bush whacking us from every side of the road as we travel from section to section and from State to State,

Page 1039

watching an opportunity when they might leap from the walls of a house or couch at night or streams as they trickle through the forest or food as we feed our bodies. Therefore be it resolved, by the Senate, the House concurring, that we memorialize Congress and Senate of the United States, urging the establishment of a bureau of health or health department of the United States, and it is hereby urged upon every one of them to use their best efforts to secure the establishment of such an institution or department. Establishment of Health Department by the United States. Resolved further, That a copy of these resolutions be sent to our Congressmen and Senators at Washington. Approved Aug. 18, 1908. ATLANTIC AND GREAT WESTERN CANAL, MEMORIAL FOR SURVEY OF. No. 45. A joint resolution of the General Assembly of the State of Georgia memorializing the Congress of the United States to grant an appropriation of $75,000.00 for a survey for a canal from the Tennessee river to the Ocmulgee river, WHEREAS, in the year 1872 engineers of the United States government surveyed and declared feasible and practicable the route of a canal to be known as the Atlantic Great Western Canal, intersecting the State of Georgia, and connecting the navigable waters of the Tennessee and Ocmlugee rivers; and Atlantic and Great Western canal. WHEREAS, The proposed water-way by its connection with navigable streams flowing into the Atlantic and the

Page 1040

Gulf, will open water connection with the vast and productive region lying between the Potomac, Ohio and Mississippi rivers, thereby regulating freight rates and affording adequate transportation facilities for raw material and low grade products; and, WHEREAS, The construction of the proposed canal will prove a national benefit, in that it will facilitate and develop commercial relations between the Southeastern States and that large region reached by the Mississippi river and its tributary streams; and WHEREAS, Senator Bacon has introduced in the Senate of the United States, and that body has passed a bill known as S754, which bill is now pending before the committee on railways and canals of the House of Representatives, providing for an appropriation of $75,000.00 for the survey of a canal from some convenient point on the Tennessee river to the head of navigation on the Ocmulgee river, Therefore, be it resolved by the House of Representatives, the Senate concurring, that the Congress of the United States be, and it is hereby, memorialized to enact this or such other legislation as will most effectively and expeditiously carry out the object of the pending measure, having in view a waterway of such size, character and construction as will best meet the demands of modern commerce, with due regards for the increased traffic that will be developed by such canal, and for this purpose that Congress be memoralized to appropriate the sum of $75,000.00 or so much thereof as may be necessary to defray the expense of such survey. Memorial for survey of canal. Be it further resolved that the Secretary of State, be, and he is hereby directed to transmit to the Clerk of the House of Representatives at Washington a copy of this resolution, certified under the great seal of State, with a request that such copy be laid before the committee

Page 1041

on railways and canals of the House of Representatives. Approved Aug. 15, 1908. UNFINISHED BUSINESS OF LEGISLATURE, FOR COMPLETION OF. No. 48. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, That the speaker of the House of Representatives and the president of the Senate, the clerk of the House of Representatives and the secretary of the Senate be and they are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of affixing official signatures to all bills and resolutions passed previous to said adjournment, and they may be allowed their per diem. for said time. For completion of unfinished business of Legislature. Resolved, That the chairmen, respectively, of the enrollment and auditing committees of the House and Senate, together with the members of the House and Senate enrollment committees, and two members of the House auditing committee and two members of the Senate auditing committee, to be designated by the chairmen thereof, be and they are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem. for said time. Resolved further, That the postmistress of the House

Page 1042

be and she is hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of distributing and forwarding the members' mail and that she be allowed her per diem. for said time. Resolved further, That two porters of the House and one porter of the Senate be and they are hereby authorized to remain at the capitol five days after the adjournment of the General Assembly and that they be allowed their per diem. for said time. Approved Aug. 14, 1908.

Page 1043

PROCLAMATION Calling Extraordinary Session of the General Assembly.

Page 1045

Proclamation by the Governor. IN THE NAME AND BY AUTHORITY OF THE STATE OF GEORGIA. WHEREAS, The General Assembly by an Act approved August 17th, 1903, entitled An Act to amend an Act approved December 21st, 1897, being an Act to create a Prison Commission for the State of Georgia, to hire the labor of certain felony convicts for a period of five years after the expiration of the present contract, to dispose of the money arising therefrom, and to authorize the Governor and the Prison Commission to impose fines upon certain county authorities for failure to comply with the law and regulations governing misdemeanor chaingangs, and for other purposes, provided for the disposition of the convicts of the State, and, WHEREAS, By the terms of said Act the disposition of the convicts made under said Act expires on March 31st, 1909, and, WHEREAS, No legislative provision has been made for the disposition of said convicts beyond March 31st, 1909, and, WHEREAS, The next regular session of the General Assembly will not convene until the fourth Wednesday in June, 1909, and, WHEREAS, The committee appointed at the last regular session of the General Assembly has been engaged in the investigation of the convict system and will be ready to report in a few days, Now, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13 of the Constitution, I, Hoke Smith, Governor of Georgia, do hereby convene the General Assembly of the State in extraordinary session to meet in their respective halls at the

Page 1046

capitol in Atlanta on Tuesday, August 25th, A. D., 1908, at nine o'clock a. m. on the date named for the following objects: To hear the report of said special committee and to take such action thereon as may be deemed advisable. To consider legislation broadly upon the disposition now and hereafter to be made of persons convicted of crime, both misdemeanors and felonies, including the establishment of a plan or plans for the management, confinement and labor of convicts and including the undertaking of such work or works in connection with which convicts may be used, together with the raising of revenue and the appropriation of money to carry out such plans, and to provide for the establishment of juvenile courts and reformatories. To submit to the vote of the people Constitutional amendments and to pass legislation upon said subjects. Given under my hand and the great seal of the State at the city of Atlanta this, the twentieth day of August, in the year of Our Lord, nineteen hundred and eight. HOKE SMITH, Governor. By the Governor, PHILIP COOK, Secretary of State. STATE OF GEORGIA, EXECUTIVE DEPARTMENT, ATLANTA. I, Josiah Carter, Secretary of the Executive Department, do hereby certify that the above and foregoing typewritten matter is a true and correct transcript from the records on file in this office. Given under my hand and the seal of the Executive De- partment this, the twenty- fourth day of August, 1908. JOSIAH CARTER, Secretary Executive Dept. STATE OF GEORGIA,

Page 1047

GOVERNOR'S MESSAGE TO THE Extraordinary Session of the General Assembly.

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Message From the Governor. EXECUTIVE DEPARTMENT, ATLANTA, August 25, 1908. To the General Assembly of the State of Georgia: You have been called to meet in extraordinary session for the purpose of considering the disposition to be made of those convicted of crime, together with questions which are incident to the solution of this problem. There were other matters of legislation undisposed of and pending before your bodies when they adjourned which were of great importance, but this one question involves so much to the State that I have deemed it best to include no other in the work of the present session. While no maudlin sentiment should interpose between the criminal and the punishment for crime, I believe that we will all agree that the leasing out of convicts in Georgia should cease. The problem of handling five thousand convicts is serious and full of difficulties. They should be punished and yet they should not be treated brutally. An effort should be made to encourage reformations among them. I concede that there is little hope of reformation as to many of the convicts, but there must be some who can be improved by proper effort during their confinement. While a mercenary motive should in no sense be the purpose of handling convicts, still if they can be made self-supporting and be so handled as to bring some benefits to the State without violating the obligations of the State, such a result is certainly to be desired. My own opinion is that the convicts of Georgia, five thousand in number, could be used in a way by which

Page 1050

humane treatment might be assured, opportunity for reformation afforded, and yet contribute greatly to the progress and prosperity of the people of the entire State. There are railroads to be built, public highways to be constructed, dirt roads to be graded and improved, swamp lands to be drained, and many other internal improvements upon which they could be used which would increase the opportunity for progress and prosperity all over Georgia. Foremost among the opportunities presented is the extension of the Western Atlantic railroad to the ocean. The Western Atlantic in its present form is a great property, but it will be in danger at the completion of the lease to the Nashville, Chattanooga St. Louis Railroad Company unless the scheme of its originators is executed, and it is extended to deep water at one or more of our ports. I have no doubt that a line built from the present terminus of the Western Atlantic railroad to one or more ports in our State could be leased for a sum which would pay interest on the cost of construction, and also interest on several millions of dollars in excess of the cost. The extension will protect our present property, yield a handsome net profit to the State, and largely contribute to the permanent commercial independence of our people by the control of interstate freight rates. I present these views because the time must come when they will be executed and because no disposition of convicts should be made which will prevent their use in this great enterprise when the State is ready to undertake it. For the present I suggest a plan of handling the convicts which, while promising less, is simpler and easier, but out of which I hope eventually to see grow the larger uses which I have mentioned. First. Submit a Constitutional amendment to the

Page 1051

people which will name the time beyond which the leasing of convicts in Georgia shall cease. This amendment should be advertised on Wednesday, September 2nd, so no time can be lost in its passage. Second. Pass a bill to raise additional revenue for your penitentiary system. Third. Encourage each county to work its misdemeanor and felony convicts upon the public roads and upon other public improvements in the county. I have heard from the ordinaries of many of the counties of the State, and their letters indicate a general disposition by the counties to use the convicts along the line I have suggested. Fourth. Where the quota of convicts, misdemeanors and felonies, going to a particular county is too small in number to justify their economic use by the county to receive them, permit any two or more counties to join together consolidating their convicts and allow them to work part of the time in each county, the amount of work in each county to be apportioned according to the number of convicts each county has in the combined force. This plan of exchanging convicts should be enlarged as far as possible. Fifth. The State would retain charge of the balance of the convicts. The State should have two or more farms as a basis of operation. It might buy one or more iron or coal mines. Those convicts whose dangerous character might render it advisable that they be not worked upon the public roads should be retained by the State and worked on the farms or in the mines. Upon the farms the State should raise all that the convicts needed to eat. The convicts upon them should make clothes, shoes, wagons and all classes of supplies needed by the State for the convicts and their use. I have carefully examined the experiment of working convicts upon farms which has been made in a number of Southern States. Indeed, it can scarcely longer be

Page 1052

called an experiment. It has been fully demonstrated that this class of work for negro convicts can be made profitable to the State, and yet furnish an opportunity for performing the State's duty to the convict to the fullest extent. The State should organize road working forces with suitable machinery, and from time to time build roads in those counties where the counties received no convicts. The county authorities should name the roads to be built and also bear the expenses of the convicts while working roads in their respective counties. Any profits made from the use of the convicts upon farms or mines should be used towards paying expenses of working the convicts in the counties not receiving convicts. Any surplus of convicts which the counties did not take and which the State at any time is not working upon the roads in the counties could be worked upon the farms. Sixth. All the money derived from this time on from the hire of convicts should be used to prepare to handle those convicts which the State must retain. Seventh. Take some action providing at least for the investigation and report to the next legislature upon the extension of the Western Atlantic Railroad by the use of convicts. I wish especially to call your attention to the fact that there has never been a time in the history of the State when with such small inconvenience the convict lease system could be abandoned. You appropriated last year to the schools of the State $332,524.75 more than was appropriated to them in 1907. You appropriated last year for 1909 to the schools of the State $582,524.75 more than was appropriated to them in 1907. The schools received in 1907 something over $200,000 from convict hire. When your appropriations were made in 1907 to the schools for this year and next year it was generally understood that the convict hire was included in the appropriations. But a careful examination

Page 1053

of the Act disclosed the fact that this was not true. You can, therefore, cease giving to the public schools anything from convict hire and yet leave them all that you intended to give them when the appropriation Act was passed in the summer of 1907. Good roads and common schools should go together. Both help to develop the people and enrich the State. We are making progress with our schools. We have neglected our public roads. I have presented the foregoing plan of handling the convicts as perhaps the best which we can adopt at the present time. I present it with no claim of originality, but in the effort to help bring together and harmonize what seems to have been conflicting views of your different members and bodies. I do not claim that the plan is ideal. I believe it would be better for all the convicts to be worked by the State upon farms, in mines, upon public roads, and in the construction of public highways, and in the drainage and development of land now not capable of use. I hope the time will come when from whatever system you adopt there will develop the exclusive utilization of the convicts by the State, and that they will be used to complete and perfect public highways and other internal improvements, using the farms as a basis of operation. At the head of your penitentiary system there must be ability, honesty and enthusiasm. Those in charge on salaries should be required to give their entire time to the work. Those acting as supervisors should give their entire time to it. Those handling farms should be called to no divided allegiance and should not be subjected to the development of selfish action by seeing their own property calling for their attention in the neighborhood of the State's property.

Page 1054

There must be the earnest desire to help the people of Georgia by aiding the counties with information and inspiration, that they may handle their convicts humanely yet economically; that they may perform the duty of the State to those convicted of crime, and yet bring returns to the citizens by improving in the most practical and economical manner the roads and public enterprises of the county. The study of good roads is attracting the attention of the country. A great amount of information as to how they should be built can be furnished, and intelligent suggestion should be made from the State's penitentiary officers to the officers of the localities charged with handling convicts. The whole system should receive supervision by the State, uninfluenced by politics or by selfishness, and inspired by real patriotism. I commend to your favorable consideration the parole system as part of our plan for handling convicts. With ample farm facilities connected with the general plan of handling the problem, the convict might well, during the last of his confinement, be permitted to work in citizens' clothes for a while before going back among the public. To discharge from chains and stripes a dangerous convict, with no progressive step taken by which his reformation is sought, can not be contemplated without almost a shudder of alarm when we see the danger of such a course. The reformatory for the young should be greatly improved. I believe care and thought directed toward it from those at the head of your system will be productive of valuable results. I will not dwell upon the misdemeanor convicts as a separate class. It is scarcely necessary for me to say that the leasing of misdemeanor convicts to individuals with no State supervision should not be tolerated, and I incline to the opinion that individuals and corporations in Georgia handling misdemeanor convicts are in many

Page 1055

instances subject to prosecution and suits for false imprisonment. I know that we are all agreed upon the separation of the races and that you will make ample provision in whatever legislation you pass covering this question and providing for the care upon the State Farm of female convicts, whether convicted of misdemeanors or felonies. Any information which I have received from other States or from the county officers is at your disposal. HOKE SMITH, GOVERNOR.

Page 1056

REPORT OF Convict Investigating Committee TO THE Extraordinary Session of the General Assembly.

Page 1059

Report of the Investigating Committee. Mr. Felder, chairman of the Joint Committee on Investigation of the Prison Department, submitted the following report: Mr. President: The Joint Committee under Senate Resolution No. 37, to investigate certain charges in reference to the administration of the Prison Department, beg leave to report as follows: The Committee met promptly after its appointment, and organized, and entered upon the discharge of its duties. Under the authority granted in a joint resolution subsequently passed, the Committee has continued its work since the adjournment of the General Assembly. We have been in session twenty-eight days, holding from one to three sessions daily. We have examined one hundred and thirty-eight (138) witnesses, to-wit: Twenty-one members of the Legislature, who visited the different convict camps in the State upon inspection tours by order of the General Assembly; the three members and the secretary of the Prison Commission; the ex-State warden, and the two State inspectors of convicts; thirty wardens, superintendents, and ex-wardens; twelve guards, ex-guards, and employees of the Prison Commission; twenty-one lessees, ex-lessees, and their employees; five camp physicians; thirty citizens; and thirteen ex-convicts. The evidence given by all of these witnesses was stenographically reported, and transcripts thereof are filed with this report. Pursuant to the authority in a joint resolution, we also employed expert accountants to audit the books in

Page 1060

the office of the Prison Commission, at the State farm and at the reformatory; and we file herewith the report of the accountants as a part of this report. Said Senate joint Resolution No. 37, raising this Committee and prescribing its duties is as follows: A RESOLUTION. WHEREAS, The Committee from the Senate and House of Representatives appointed at the last session of the General Assembly to visit the institutions and camps at which the convicts of the State are used and worked, has made a report in which gross misconduct is charged to certain employees of the State in the control and management of the convicts and also violations of the terms of the contracts under which certain lessees are working convicts; and, WHEREAS, Said report finds and charges that the chief warden, whose duty it was to represent the interests of the State, was, while acting for the State and drawing the salary allowed him, trafficking in the convicts and making a profit out of the sub-leasing of the same; and, WHEREAS, Said report further finds and charges that deputy wardens, whose duty it was to represent the State in the management and control of the convicts at the camps in which said wardens were located, were, while receiving pay from the State, also receiving money from the lessees; and, WHEREAS, The Governor in his annual message has brought this misconduct of the employees of the State to the attention of this General Assembly; and, WHEREAS, The report of said Committee further finds and charges that certain lessees have violated the contracts under which they are working the State's convicts; and, WHEREAS, The law requires that the contracts under which convicts are leased shall be forfeited whenever

Page 1061

the lessee violates the terms of the same or fails to carry out the rules and regulations of the Prison Commission, and upon such forfeiture the State is entitled to have and collect from the offending lessee damages fixed by law, which shall be recovered from the lessee and the sureties upon his bond; and, WHEREAS, It is charged by the press of the State that the law governing the control and working of convicts in the State of Georgia is being flagrantly abused and the good name of the State, as well as those charged with the management of the convicts, demands that the truth be known; and, WHEREAS, The Governor in his Annual Message makes known to this General Assembly that the Georgia State Reformatory as it is now conducted is but a Prison Farm, when the Act creating this institution makes provision for the reforming of its youthful inmates, and does not contemplate the managing of them as criminals, and the Committee above referred to reports that it has not had an opportunity to examine this institution. Therefore, be it resolved by the Senate, the House of Representatives concurring, that a committee of three from the Senate and five from the House be appointed to investigate the charges above referred to, and the working of the convicts under the present lease contracts, and ascertain if the lessees are carrying out the terms of their contracts, and to also investigate the Prison Farm and the Georgia State Reformatory, and ascertain if the law in regard to these institutions is being obeyed and carried out, and to especially investigate and report: 1. If any officer, chief warden, warden, guard or other employee of the State, whose duty it is or was to manage, control, or who is or was otherwise connected with the convicts of the State, is receiving or has received any emoluments, money, compensation, gift or

Page 1062

gratuity from the working, trafficking in or controlling of convicts other than the lawful compensation allowed by the State, and this investigation and report shall cover any such officer, chief warden, warden, guard, or other employee whether now in the employment of the State or not. 2. If any member of the Prison Commission knew or had reason to believe that any chief warden, warden, guard or other employee or officer of the State was trafficking in the convicts of the State and deriving a profit from the leasing or sub-leasing of the same or receiving any compensation from any lessee. 3. If any lessee is violating or has violated his contract or any rule or regulation promulgated for the working of the convicts, and if such violation would authorize the forfeiture of the contract, and the collection of the damages provided by law. 4. If there is or has been any mismanagement or misconduct on the part of any employee, guard or other officer charged with the control and conduct of the Prison Farm in Baldwin county. 5. If the Georgia State Reformatory is being conducted in accordance with the provisions of the Act creating the institution. 6. If there is any mismanagement of, or cruelty to, or other violations of the law or rules and regulations of the Prison Commission by any of the lessees, or officers or employees of the State in any of the camps where the convicts are worked by the lessees. 7. If there is any mismanagement, cruelty or violation of the law in any road camp, or other camp, either misdemeanor or felony, and if any counties are illegally disposing of their misdemeanor convicts, and if misdemeanor convicts are being illegally employed or worked.

Page 1063

8. The Investigating Committee is hereby authorized to investigate any and all charges emanating from any source, and investigate any and all conditions whether in the Prison Commission or convict camps, and particularly to find whether or not any of the irregularities charged as existing were within the consent or knowledge of the Prison Commission. Resolved further, That for the purposes of this investigation, the Committee shall have full power and authority to call before it all witnesses which it deems necessary, and a subpoena signed by the chairman shall be sufficient authority to force the attendance of any witness desired. The Committee shall also have power to require the production of any and all books, papers, documents, or other writings which, in the judgment of the Committee, are necessary for the purposes of the investigation. The Prison Commission is authorized and directed to have present when requested by the Committee any convict desired to be used as a witness, whether such convict be in the custody of the State, any lessee, or any county. The Committee is further authorized to do any and all things necessary for the carrying out of its duties and making the investigations required by this Resolution. Resolved further, That the Committee shall have the power and authority to employ and appoint a stenographer to take down and report its proceedings, and shall also have the power and authority to name and appoint some fit and proper person or persons to attend its proceedings and act in serving its subpoenas and warrants, and to otherwise assist the Committee in performing its duties. Pursuant to the specific directions therein given, and in the order named, we report as follows: I. 1. If any officer, chief warden, warden, guard or

Page 1064

other employee of the State, whose duty it is or was to manage, control, or who is or was otherwise connected with the convicts of the State, is receiving or has received any emoluments, money, compensation, gift or gratuity from the working, trafficiking in or controlling of convicts, other than the lawful compensation allowed by the State, and this investigation and report shall cover any such officer, chief warden, warden, guard, or other employee whether now in the employment of the State or not. We find and report that Mr. J. C. Moore was appointed an employee of the Prison Commission in 1898, with the title of State Warden, and discharged the duties of such up to January 1, last. We find, from Mr. Moore's admissions under oath, that while acting as State Warden, and while being paid by the State as such, he negotiated a number of deals between convict labor lessees for the transfer of lease contracts, receiving compensation therefor from one or the other of the parties, and in some instances possibly from both. As stated by Mr. Moore, the fees or compensation received by him for negotiating these deals, aggregated about $2,700.00. Whether these transactions, admitted by Mr. Moore, are all in which he had a pecuniary interest, the undersigned are unable to report. After diligent inquiry, the Committee has not had evidence of other deals of this character, but finds that for years past there have been very general rumors and definite impressions in several directions that the State Warden was using and had used his official position for the purpose of private gain. Mr. Moore contends, as to the admitted transactions, that there was nothing improper, immoral or illegal in his conduct, and further contends that the State did not lose anything thereby. We are utterly unable to conceive how a high-minded State official could close his eyes to the impropriety and reprehensibility of such conduct. Such transfers meant

Page 1065

frequently the discontinuance of established camps, the establishment of new camps, the substitution of new lessees, the removal or transfer of deputy wardens, and like considerations of policy and interest to the State, and upon which the Commission had a right to expect the disinterested opinion and advice of its chief officer before it approved such transfers. It needs only a statement of these facts to prove that when he negotiated these transfers for a money consideration, the State Warden placed himself in a position where he was no longer qualified to disinterestedly advise his superiors. We further find that such conduct on the part of its chief inspecting officer was brought to the official notice of the Prison Commission and the Governor last November, by the Chairmen of the Penitentiary Committees of the Senate and House. The Governor also communicated this information to the Commission. Subsequently, Mr. Moore was permitted, by the Commission, to resign his office January 1st, following. The Acts of 1897 and 1903, created no such office as State Warden, but authorized the appointment by the Prison Commission of wardens, and fixed the maximum salary for each at $100.00 per month. We find that for several years past Mr. Moore has received a salary fo $100 per month as State Warden, and an additional salary of $40.00 per month as inspector of misdemeanor camps. We further find that this salary was paid by Executive warrants commencing under Governor Atkinson's administration. In our opinion this additional salary of $40.00 per month was improper, illegal, and without authority of law. The contention is that by the payment of this additional salary to Mr. Moore, the State was saved the expense of another officer as inspector of misdemeanor convicts. While in point of fact this may be true, we hold that the Act of 1897 clearly intended what it said, that $100.00 per month was to be the maximum sum paid a warden;

Page 1066

his dutes to be assigned by the Commission. If the duties of State Warden were not heavy enough to demand his full time, he should have been paid less than the maximum, or he should have been assigned duties in connection with misdemeanor inspections to occupy his time, without additional compensation. It should further be remembered that the duty of inspecting misdemeanor camps, was, by the Act of 1897, placed on the members of the Prison Commission, and only in emergencies is it authorized to delegate this duty. Although occupying a very responsible position, and as the evidence shows, largely relied upon by the Commission, Mr. Moore never took any oath of office, never gave bond for the faithful discharge of the duties of his office. While it is true there is in the Act of 1897 no requirement for the administering of oaths of office or requirements of bonds as to wardens, yet it is also true that the office of State Warden was established by the Commission, and some such requirement might have been made by it. We suggest that future legislation in reference to the administration of the State Prison Department should make provision for requiring oaths of office and official bonds from important officials of this department. We further find from the evidence, that for a considerable period while in the employ of the State as the chief inspecting officer of the prison department, with duties almost exclusively relating to seeing that lessees complied with the law, and the rules and regulations of the Commission and the terms of their contracts on pain of penalties and forfeitures, Mr. Moore was engaged in private business as a partner with W. B. Hamby, the largest lessee of convict labor under the prison department, and that this fact was known to the Prison Commission. We further find from the evidence that for some time past, and when he resigned, Mr. Moore was largely in debt to Dr. Hamby, and interested as joint

Page 1067

owner with him in several landed properties. The eyidence shows clearly that the members of the Prison Commission depended very largely upon and followed Mr. Moore's advice, in many matters which directly affected Dr. Hamby's interests. Such intimate business relations between this chief inspector of the prison department and the chief lessee of convict labor under the prison department, in the opinion of the undersigned were highly improper and justly the subject of severe criticism. The statements of the Prison Commission admit their knowledge of the existence of the business partnership between the chief inspector and the chief lessee, and we declare it to be our conviction, that the Commission, with its first knowledge of such relations, should have ordered the partnership and further similar dealings at once discontinued, or discharged the employee who had no higher sense of official propriety than to establish and continue private business relations which were bound to bring the department and its officials under criticism and suspicion. We further find and report that for different periods, in some instances extending over years, and coincident with the very existence of the system, practically all of the deputy wardens of the department, while in the employ of the State and paid as such, received salaries or compensation from the lessees, in one or more instances nearly twice as much as paid by the State. The evidence filed by the Committee shows the names of these wardens and the lessees paying, as also the names of the few wardens who have not received such compensation. These facts, we find, were brought to the official notice of the Commission, at the same time and in the same manner as were the facts in reference to the State Warden, and the evidence is that in March last the Commission issued an order forbidding the continuance of

Page 1068

this practice. The evidence before the Committee shows that no further inquiries have been made by the Commission since the issuance of the order. It is in evidence before the Committee that deputy wardens W. S. Tyson and Ed. Cox, and lessees, the Cherokee Brick Company and H. Stevens Sons Company have not obeyed this order and discontinued the practice. We recommend that the Commission discharge these two deputy wardens, and also advise that the penalties provided by law for such flagrant disregard of the Commission's orders be enforced against the lessees. The undersigned were amazed at the indifference as to proper official conduct with which deputy wardens and lessees have looked upon this practice, and indeed it seems to have become a custom acquiesced in by all and sanctioned by the former State Warden, who had knowledge of it, and in at least one instance advised it. We find also, that in several instances, as will be noted in the evidence, physicians and guards received compensation or perquisites from lessees, in one instance the Secretary of the Commission, in informing a camp physician of a reduction in his salary, advising that he look to the lessee for the amount of the reduction, which he did. There is no excuse which can palliate such conduct in State officials. These deputy wardens occupied positions of the highest responsibility and trust. Their duty was to the State and to the State alone. They were entrusted with the care of the State's convicts, whose labor alone had been hired to the lessee. The law and the rules of the Commission required them to see that the reasonable labor sold to the lessees was delivered; they were required to see that the convicts were worked humanely, under sanitary conditions and healthful surroundings, within fixed hours, and were fed, clothed, housed and cared for in health and in sickness, according to specific rules laid down in the law and by

Page 1069

the Commission acting under the law. By this same law and under these rules, and under their contracts and bonds, the lessees owed the State solemn duties, for the failure to perform which heavy penalties and forfeitures were prescribed by the law and nominated in the bonds. The wardens stood as the watchmen of the State and the guardians of its convicted criminals. For these trusted State officers to become also the employees of the lessees, and to receive from them compensation frequently as large as that paid by the State and ofttimes from twenty-five to one hundred and fifty per cent. larger, was to place themselves under such obligations as would interfere with, if not render impossible, honest discharge of their duties to the State or its wards. No mere man can serve two masters with conflicting interests. This is the truth of God, as well as human experience. The evidence before us conclusively proves that deputy wardens are not exceptions, and many of the violations of rules and abuses of convicts, clearly established by the evidence, are due to the existence and universal practice of this pernicious custom. It is no extenuation to contend that the State paid these officers only meagre salaries. We believe these salaries are too small, but the State officer who has no higher conception of official duty and propriety than to supplement insufficient salaries by the acceptance of gratuities from lessees whose interests are opposite to those of the State, and may at any time become conflicting, or involve the incurring of heavy penalties or the forfeiture of valuable contracts, and in which his conduct may be the deciding issue, puts himself where it may become impossible to earn even the meagre salary paid by the State. It is no excuse for intelligent lessees to argue that these wardens were rendering them services for this compensation. They doubtless were, and this constitutes in itself a ground for serious criticism. These services in many cases were such as ought not to have

Page 1070

been rendered, because in conflict with services owed the State, and where this might not be true they required the time of State officers which belonged to the State, and unquestionably distracted their minds and attention from the discharge of official duties in positions of great and real trust. We feel bound to criticise intelligent lessees even more severely than we do underpaid wardens. These lessees are business men of ability, experience and character, and it seems to us that a moment's reflection would have impressed them with the grave impropriety of such practices. II. 2. If any member of the Prison Commission knew or had reason to believe that any chief warden, warden, guard or other employee or officer of the State was trafficking in the convicts of the State and deriving a profit from the leasing or subleasing of the same or receiving any compensation from any lessee. Each member of the Prison Commission has specifically denied under oath any knowledge, official or otherwise, of the above mentioned conditions, and we accept this as true. We believe, however, that the Commission is subject to criticism for not having information as to the conditions and practices in its department and by its employees, which were notorious, universal, and extending through the whole period of its existence. Every lessee and warden before the Committee stated that no effort was made to conceal such practices, but that they were generally known about the camps. The State Warden knew of the custom. Every deputy warden knew that practically every other deputy warden was receiving such compensation, and the guards and employees and even some of the convicts knew of the practice. As before stated, we are convinced that many of the violations

Page 1071

of rules by lessees and many of the abuses in the system, shown in the evidence, grew out of and continued because of the fact that the State officers, whose duty it was to prevent or report such infractions and abuses, were in the employ of the lessees, were themselves parties to these violations, and therefore incapable of fearlessly reporting themselves or the lessees. That such general and wide-spread, virtual, if unintentional or unconscious bribery, could have continued for ten years and extended throughout the whole force of wardens without attracting the notice of the Prison Commission, reflects severely upon its watchfulness and attention to the great trust reposed in it. We find that as far back as March, 1904, Hon. J. M. Strickland, a candidate in that year for the office of Prison Commissioner, charged in the public press over his signature, in a controversy with one of the Commission, that both wardens and guards were receiving money from lessees and that he could substantiate the charge. Such a charge, so publicly made by a reputable citizen, in our opinion, should have been investigated. Had such investigation been made, the truth of the charge must have been discovered, particularly as all of the evidence shows that there was no effort on the part of the parties to conceal it. Had any member of the Prison Commission visited any of these felony camps, he must have seen that the deputy wardens were discharging the duties of superintendents, overseers, and other like work, as at some of these camps they were in absolute and exclusive charge of the entire business of the lessee, discharging important work not required of them as employees of the State, and in conflict with their duties as wardens. This at least would have put the Commission on inquiry as to whether or not such wardens were doing this work for pay or not. We, therefore, feel constrained to criticise the Commission for negligence in this respect. We further find and report, that deputy warden A. J.

Page 1072

Harvard now owns an interest in the business of the Flowers Lumber Company, who are lessees of convict labor, and is presumably deriving a profit from the leasing of the convicts worked in this business, and over whom as deputy warden he is placed. Such an interest is incompatible with a proper discharge of his duties as warden, and we recommend that the Prison Commission demand that he at once dispose absolutely of his interest in the business, or that he be discharged as a deputy warden. III. 3. If any lessee is violating or has violated his contract or any rule or regulation promulgated for the working of the convicts, and if such violation would authorize the forfeiture of the contract and the collection of the damages provided by law. We are of the opinion that the rules, regulations, and orders of the Commission have been violated by the following lessees, and in the following particulars, towit: In night work at the mines of the Durham Coal Coke Company, and the Lookout Mountain Coal Coke Company; and at the camp of the Chattahoochee Brick Company, the rules providing that the State's convicts shall be worked only from sunrise to sunset, and have specified rest hours; and also in excessive tasks imposed, and the too frequent whipping for shortage on tasks in the Durham Coal Coke Company and the Lookout Mountain Company's mines. The evidence also shows that the Chattahoochee Brick Company regularly employs convicts in Sunday work, and has frequently called them out before sunrise and kept them at work after sunset, and at this camp the bedding and clothes and eating quarters have been in a filthy and unsanitary condition.

Page 1073

We also find that Cruger Pace, at Albany, and the Flowers Brothers Lumber Company, at Blakely, have been working their convicts in violation of the rules before sunrise and after sunset; and that at the plants of the Cherokee Brick Company, and the Bibb Brick Company, and of S. M. Stanley, the sleeping quarters and eating quarters have been filthy and unsanitary and the food served during the visit of the legislative committee to these camps last fall was severely condemned. We feel satisfied from the evidence that some of these violations by the above-mentioned companies were sufficient to work forfeitures of their contracts, and the enforcement of the penalties provided by law for violation of the rules and regulations of the Commission. In view of the fact that deputy wardens at these camps have been receiving compensation from these lessees, and have been parties to the violations of the rules mentioned and have permitted the same to continue, we recommend that the Commission consider the matter of their discharge. We find at many of the camps, from the monthly reports of the wardens, that the rules of the Commission prescribing the diet, particularly as to fresh meat, are not complied with, and we recommend that strict inquiry be made as to the diet, and the rules in regard thereto be enforced. IV. 4. If there is or has been any mismanagement or misconduct on the part of any employee, guard or other officer charged with the control and conduct of the Prison Farm in Baldwin county. We find and report an utter lack of business methods in practice at the Prison Farm near Milledgeville, and call especial attention to the report of the expert accountants, filed herewith, concerning the lack of books of records, and of any system of accounting at this institution.

Page 1074

There are considerable State funds handled at this institution, and a permanent record of receipts and expenditures, with proper vouchers, should be kept. From the evidence we have been able to secure, it is impossible for us to form any conclusion or report whether all State funds received here have been properly accounted for, or whether all expenditures made have been legitimate. This is true from the beginning of the institution, and the large expenditures made in construction account down to date. The evidence shows that since its establishment only one superficial inspection of the memorandum books and records has been made by the secretary of the Commission. The evidence shows that there was no examination of the books, vouchers, records, or any criticsm of the lack thereof, by any member of the Commission. We suggest that a proper system of bookkeeping and accounting, and a complete re-organization at this institution, be directed at once. The evidence shows that nepotism, a curse to any government, institution or business, is in practice at the Prison Farm. The selection of the guards at the farm is left to the superintendent, and it appears that two of his young sons are from time to time acting as guards, and two of his young nephews acting in the same capacity, all of them being under age, and one son when first appointed being about eleven years of age. The superintendent's son-in-law acts as bookkeeper at the farm, and another kinsman of the superintendent holds a position as guard. The evidence discloses that the superintendent at his will keeps horses and other stock on the farm at the expense of the State, the number of live stock at times being, by the superintendent's own testimony, as many as five. The superintendent is allowed by the Commission a home on the farm for himself and family, but this Committee

Page 1075

does not think that he should keep live stock there at the expense of the State, and they recommend that this practice by the superintendent be discontinued. The evidence further discloses that a good many hogs and beeves are slaughtered on the farm, and the superintendent disposes of the same from time to time, but no proper record of these transactions has been kept. The evidence further discloses that the purchases necessary for the maintenance of the farm are made by the superintendent alone and without giving a proper opportunity for the furnishing of such supplies, so as to get the lowest price for the State. Large quantities of groceries are bought, aggregating at times as much as a thousand dollars a month, without any public advertise ment for competitive bids; and it appears from the evidence that these purchases are made almost entirely from one firm in Milledgeville. The committee is of the opinion that the needs of the institution should be made known in the press, and opportunity be given for competitive bids to supply the demand. It is further disclosed by the evidence that it has been the practice of the superintendents of the farm, by and with the consent of the Prison Commission, to allow the convicts on the farm to be worked off of the farm for private individuals by the day in agricultural work and in other work. The committee is of the opinion that this is not a wise policy; that the farm was established and the convicts placed thereon to work upon the farm alone, and the practice of working them elsewhere should be discontinued. No proper record has been kept of the funds received from this source. The evidence further discloses that there is no effort to keep the whites and blacks separated while at work at the farm or in their eating quarters. The negroes and the whites eat in the same mess hall, though at separate tables. This, in the opinion of the committee, is

Page 1076

improper, and in violation of the law. The sleeping quarters, however, of the whites and blacks are separate. There has been evidence of cruelty in the administration of punishments at the farm. One white man, in receiving a whipping, testified that he was maimed in one of the delicate organs of his body. We have had no evidence contradicting this fact, the rebuttal evidence tending to show that the convict deserved punishment. The evidence also shows that upon one occasion a negro convict who claimed to be sick, was forced to the field to work, over his protest, by warden Slater. When he arrived at the place to work, he was in no condition to work, as testified by the working boss, was laid in the shade, and in a few hours was a corpse. Such inhuman neglect in ascertaining the physical condition of convicts before forcing them to hard labor, is cruelty, and should be severely censured. V. 5. If the Georgia State Reformatory is being conducted in accordance with the provisions of the Act creating the institution. The committee finds that the Georgia State Reformatory is not being conducted in accordance with the provisions of the Act. This Act specifically provided that the whites and blacks should be kept separate. This provision is totally disregarded. There is but one residence building upon the grounds, and the negroes and the whites both sleep and eat in this building, though in different rooms, and they also work together. The Act further provides that the inmates shall be instructed in the elementary branches of an education. This provision is also disregarded. No teachers whatever have been furnished for instructing these youthful criminals.

Page 1077

The law provides further that they shall be given certain manual training. This has not been done. Indeed, as has been heretofore reported by the Governor, the institution as it is now run is but a juvenile prison farm, and practically no feature of a reformatory is in practice, though the Act creating the institution provides for an up-to-date reformatory. The Prison Commission give as their reasons for not complying with the law that they have not been furnished a sufficient amount of money for the needs of the institution, and we believe that sufficient funds have not been appropriated. They give as their reason for not having constructed separate buildings for the whites and blacks that they did not contemplate that any negroes would be sent to the institution. The committee is of the opinion that the reformatory is a necessary institution, and that it should be properly cared for by the State, and sufficient funds appropriated for that purpose, and that buildings should be erected so as to keep the whites and blacks separated. The inmates should also be given the manual training provided by the Act and teachers should be furnished in accordance with the requirements of the law. From the evidence submitted, the Committee is of the opinion that the superintendent and the matron, his wife, have done the best they could with the funds and the encouragement they have had. There is no reason why with proper care and a compliance with the law this institution should not be made to do great good in the reformation of youthful criminals, and to otherwise carry out the purpose and intention of the Legislature when it was created. The fact that it is located in the same county wherein the Prison Farm is located, is no reason why it can not be made a complete reformatory in the fact as well as in name, and its present location should not in any way detract from its usefulness. The committee recommends that a sufficient appropriation be made at the present session of the General

Page 1078

Assembly to construct the necessary buildings, and to purchase the requisite equipment for this institution, and to otherwise supply its needs. The committee further recommends that the negroes now at this institution be removed to some other place at once, and that hereafter the institution be operated exclusively for whites. We also recommend that any white inmates now in said institution, who were sent there when over sixteen years of age, be removed, and that the Prison Commission be given authority to decline to receive any person who it is satisfied is over sixteen years of age at the time of his or her commitment. VI. 6. If there is any mismanagement of, or cruelty to, or other violation of the law or the rules and regulations of the Prison Commission, by any of the lessees, or officers or employees of the State in any of the camps where the convicts are worked by the lessees. Charges of cruel and excessive punishment of convicts in quite a number of cases have been brought to our attention. We have investigated several of these cases. Many others have been mentioned to different members of the committee, but the committee has not had time to investigate every case, nor have we considered it necessary to do so. We have deemed it the duty of the committee to investigate such charges only as would indicate whether these cases were merely sporadic, or as liable to occur under the system, or as chargeable to the indifference of the State's officials or the lessees, to the common dictates of humanity. We believe from the evidence that charges of cruelty are well founded. We are unwilling to dismiss as unworthy of belief some of the evidence taken in regard thereto because given by exconvicts, once convicted murderers, perjurers, or discharged employees and disgruntled contractors. In some cases we have given little weight to all or parts

Page 1079

of such testimony, but it should be remembered that much of this evidence is from white ex-convicts, who have been recommended for pardons by the Prison Commission, after serving very small parts of their sentences; that it has related in a majority of instances to cruelties to others, and in exaggerating which they would have no interest; that in many instances their testimony has been corroborated certainly in important particulars, and frequently in whole, and in every instance as to the fact of punishment. It should be remembered that the one case, to-wit, that of the negro convict who was sweated to death in Flower's camp at Jakin, in which the chairman of the Commission and the State Warden acted as prosecutors, was brought to their attention a year after its occurrence through the public press because of revelations made by an ex-convict. The truth is, we deem it almost impossible to secure evidence of cruelties from convicts now in prison or from officers and guards who inflict or permit such while in the employ of the State and the lessees; it is hardly natural to expect evidence from these sources. The State now has two inspectors. One of them has sworn that he has never been, nor ever expects to go into a mine in which the State's convicts are worked, to see what they are doing therein, what is required of them, or what tasks are required of them. The deputy wardens by their own testimony and admissions, rarely inspect these mines, and yet they punish, frequently and severely, on the report of an employee of the lessee that some task has not been accomplished, without actual knowledge of the severity of the task, or of the conditions under which imposed. Under these conditions, about the only source of information as to what happens in these mines or as to the condition under which the convicts are worked, must come from ex-convicts, or ex-guards, or ex-employees. A white boy, Abe Winn, afflicted with tuberculosis, accidently or purposely, it is immaterial which, pours

Page 1080

hot coffee on a deputy warden's hog. The deputy warden and owner of the hog, decides that the scalding was purposely done. He proceeds to whip the boy until he is exhausted, and is compelled to go into the hospital, from which only eight weeks later he is brought out a corpse, never having left his bed after admission. The camp physician first reported his case as pneumonia, which he testified afterwards developed into consumption, and that this was the cause of his death. This is doubtless technically true. The boy's own brother, knowing his desperate condition, accepts this as true. These can all be real facts, consumption, let it be admitted, was the cause of the death. But the shocking, horrible truth is that an angry and cruel State officer, selfishly interested in punishing, whipped to the very door of the hospital, from which he was later brought a corpse, a boy within eight weeks of a consumptive's death. The whipping under such circumstances was the cruel fact, whether it was to the death or only to the hospital door. The negro convict at Jakin, referred to above, is disobedient, unruly, or attempts to escape, it matters not. He doubtless deserves punishment, severe punishment. Let all this be granted; an inhuman State officer decides that he will sweat him, and gives orders accordingly. The convict is sweated, wrapped head and body and feet in blankets and enclosed in a box. He dies. A camp physician certifies that his death was caused by congestion of the lungs. Doubtless it was. The report is accepted without question or investigation. One year later a convict who has finished his term, tells the truth, and though inspectors had visited that camp time and again, no whisper of the truth seems to have reached them. Upon investigation it was found that an exconvict can tell the truth, though while he is a convict he dare not open his mouth. The cruelty was in the form of punishment administered.

Page 1081

Another negro, Peter Harris by name, claiming to be sick, is whipped and put to work, till he falls exhausted, and two hours later is dead. Some of the witnesses testify that he was whipped to death, others, including the camp physician, that his death was due to congestion from the excessive drinking of cold water while overheated. Whether the whipping caused death or not, does not mitigate the fact that a sick convict, to whom the camp physician swears he had that morning given a purgative, is later whipped, put to work at admittedly the severest and hottest task, and in a few hours is dead. This constitutes cruelty. A white man is confined at the Durham Coal Mines under a twenty-year sentence. He refuses to work. The warden decides to administer a whipping. He has the reputation of being a very desperate character. He doubtless needed severe punishment and should have received it. The warden calls him out and orders him to strip to receive a whipping. He refuses and resists all appeals and threats. Finally he draws a razor and starts toward the warden, though shackled. The warden insists he made three efforts to reach him (the warden) and that he finally told him he would shoot if he did not submit. The warden admits he could have kept out of his reach by retreating, and virtually admits his life was not in danger, but that he decided that if he did not shoot him, his authority would be lost, and guards and convicts would no longer respect it, and guards and convicts would no longer respect it, and as he declares, he shot to kill him, aiming directly between his eyes. He hit him in the side of the neck and killed him almost instantly. Ex-guard Tatum swears that when the warden shot, the convict was standing still, had covered his eyes with his hands, and told the warden to shoot. The evidence shows that a coroner's jury investigated this homicide, and two grand juries returned No Bill. The committee condemns this homicide. It does not believe a warden has a right to kill a convict merely to

Page 1082

assert his authority or for any salutary effect such a show of authority may have on guards or convicts. He could have only been justified when necessary to protect his own life or that of his guards. He could not have been in serious danger surrounded as he was at the time of the shooting by twenty-five guards, each with loaded shotguns. Any one of them, had the man started to cross the ten or fifteen feet intervening, could have stopped him with a shot. The warden might have been excusable had he shot merely to cripple. When he deliberately killed the man under the circumstances related by him, he committed an unlawful act and should have been punished therefor. The monthly whipping reports to the Commission, examined by the committee, show an unusually large number of whippings at the Durham Coal Mines, the Lookout Mountain Mines, and the Chattahoochee Brick Company. A large percentage of the whippings at these two mining camps are for shortage of tasks and for slate in coal. The hospital reports from the Durham Mines also show what seems to be a large-percentage of cases in the hospital resulting from accidents in the mines, from falling slate and similar causes. The evidence before us shows that in these two mines the convicts are required to mine certain quantities of coal in a day, free from some unproven percentage of slate, and that when they fail to secure these tasks or have too much slate in the coal, on complaint of the mining bosses they are whipped by the State's officers. The evidence also shows that the reasonableness of these tasks depends largely on the size of the vein, on the conditions under which the mining is carried on, on the expertness of the particular operator, on the amount of propping to be done, and the fact as to whether properly prepared and sized propping material is supplied, on the greenness of the operator, etc. The evidence further shows that the mining boss or foreman, an employee of the lessee, fixes the task, and

Page 1083

decides if it has been obtained, or if there is too much slate in it. The evidence shows that neither inspector Deadwyler, nor inspector Burke have ever been into either of these mines. Inspector Deadwyler is seventy-three years old, too old in our opinion for the arduous duties of an inspectorhe declares that he never expects to go into a mine to see what is required of these convicts, or under what conditions it is required, and frankly admits that he does not know what is a reasonable task. Inspector Burke testified that he started into the Durham mines once and went about a hundred yards, when the water and mud were so bad it would ruin the only suit of clothes he had with him, and he abandoned the inspection. He further testified that he could not enter the Lookout mine if he wanted to. The evidence is that occasionally a deputy warden goes into the mine, but that others have never been. Deputy warden Ivey was formerly in charge of about fifty convicts at the Palmer Brick Yard. His evidence, and his reports show, that he would go for weeks or months without a whipping, or only one or two. Some time since he and his squad were moved to the Lookout mine, and at once he began to frequently administer to this same squad twenty-five and upwards whippings a month, a large percentage of which were for idleness or failure to get tasks. The undersigned are satisfied from the evidence that the whippings at these two mines are excessive and too frequent. These official reports, we are satisfied from the evidence, are not always accurate, but ought to be investigated. Men, even convicts, are not going to idle or fail to get their tasks week after week, when they know a whipping is certain, if the tasks are fair, reasonable, and within their ability. We have not found in our investigations, a single State official who has fairly investigated this task question, or the conditions under which they are required,

Page 1084

and the possibilities of the cruel treatment of the convicts in regard thereto are limitless. The evidence as to the treatment of convicts at the Chattahoochee Brick Company, the character of the food furnished at times, the filthiness of their sleeping and eating quarters and the excessive and exhaustive work exacted of them, and the punishments inflicted, have convinced us that many of the humane rules of the Commission have been violated at this camp. The evidence shows that the men are worked overtime and excessively hard, and many of them regularly on Sunday. It is claimed that in a plant of this kind a certain amount of Sunday work is necessary, and that only volunteers are accepted for this work. We utterly reject the belief that there can be much volunteering among convicts. They can hardly be called free agents, and there can be such an anomaly as an unwilling volunteer in a convict camp. We do not deny that there may be a certain amount of Sunday work necessary about such a camp, but neither the law nor the rules of the Prison Commission recognize the putting of convicts regularly at this work. There may be emergencies, or oxen in the ditch that would justify such employment occasionally, but we believe that regular work, such as keeping fire under a brick kiln from year's end to year's end, Sundays and nights, ought not to be done by convicts. It would be better, if such work is necessary, that it be done by free laborers. The evidence before us convinces us that deputy warden Casey has habits which unfit him to serve as deputy warden, charged with the physical and moral welfare of convicts, and we join in the recommendation of the Penitentiary Committees of the Senate and House that he be discharged. From the evidence before us as to the cursing of a convict in the presence of the Legislative Committee which inspected the Lookout Mountain Mines camp last

Page 1085

November, for trying to make a complaint to the Committee, we recommend that Warden Maxwell be discharged. In cursing a convict for any cause he violated a very proper rule of the Commission, and showed himself unfit for his position. We further find that no member of the Prison Commission, or its Secretary, had knowledge of these acts of cruelty. When they did learn of such, we believe they had the matter investigated. Their existence depended to a large degree upon the deputy wardens in charge of the convicts. We believe that a more thorough system of inspection would have decreased the number of cruelties, and have otherwise contributed to the more humane treatment of the convicts. We recommend that some member of the Prison Commission personally visit each convict camp in the State, at least twice a year, and that the number of inspectors be increased so that these inspections may be more frequent and more thorough. VII. 7. If there is any mismanagement, cruelty, or violation of the law in any road camp or other camp, either misdemeanor or felony, and if any counties are illegally disposing of their misdemeanor convicts, and if misdemeanor convicts are being illegally employed or worked. The Committee has not had time to investigate thoroughly as to any of the county road camps, but has heard evidence in regard to several, and call attention to criticisms upon several, notably the Floyd, Monroe, Coweta, Jones, Bibb, Sumter and Fulton road camps. From the evidence before us we are satisfied that cruelties in the form of corporal punishment are rare in the county road camps. The criticism to which these camps seem to be most subject is the lack of sanitary

Page 1086

quarters and clean surroundings, and suitable provisions for treatment of the sick and diseased. We are convinced that the work required is not excessive, and possibly in some counties not hard enough, particularly when they go into winter quarters, and when regular road work in some sections of the State is almost impossible during the winter months. In the Sumter county camp and the Royster Guano Company's camp we condemn the use of picks riveted to the ankles of convicts to prevent escape. Such appliances, kept on convicts day and night, are cruel and inhuman, and should be forbidden. We recommend that the Prison Commission at once bring to the attention of the proper county authorities the criticism made upon these road camps by the members of the visiting Legislative Committees, as shown in the evidence herewith, and direct its inspectors to see that conditions provoking these criticisms be improved. We especially call attention to those portions of the evidence filed with this report, concerning the existence of so-called wildcat or illegal misdemeanor camps. As a rule these camps, the conditions existing therein, and the cruel and inhuman treatment of unfortunate convicts thus illegally sold into worse than slavery, are a disgrace to a civilized people. A deplorable feature in regard to these, next to their inhumanity, is the fact that sworn officers of the courts and county governments, are parties thereto, and profit from the blood money wrung from the cruel and illegal labor and sweat of criminals. Sworn to observe the law, and to punish violators of law, these officials themselves disregard the spirit of the law, if they do not violate its letter, and in some instances have shown an amazing degree of ingenuity in trying to clothe their illegal acts in the guise of formal compliance with the

Page 1087

letter of the law, all the more reprehensible because it shows that they knew they were violating the spirit. Some of the cruelties perpetrated in certain of these illegal camps, as shown by the evidence, are barbaric, and we recommend that the Governor be requested to send transcripts of this evidence to the judges of the counties where these cruelties are perpetrated, that the grand juries may be specially charged with the investigation thereof, as the Prison Commission has no jurisdiction over them. We strongly recommend that at this session of the General Assembly an Act be passed making it a felony for any State, or county official to hire or lease any misdemeanor convict to any corporation or individual, or through any form of pretended establishment of a county camp attempt to legalize any such hiring to individuals or corporations. No county should be allowed to establish any chaingang except for public roads or public works purposes, directly under the direction of bona fide county officials, and under the supervision, rules and regulations of the Prison Commission. We especially invite the attention of the Governor to an inquiry as to whether any solicitor-general, county or city court solicitor is or has been a party to or adviser of the establishment of any of these illegal camps, or has consented to, advised or participated in such illegal hiring of misdemeanor convicts to such camps, or placing misdemeanor convicts therein, and take such steps as seem advisable, and if possible to end such practices on the part of the State's law officers. 8. The investigating Committee is hereby authorized to investigate any and all charges emanating from any source, and investigate any and all conditions whether in the Prison Commission or convict camps, and particularly to find whether or not any of the irregularities charged as existing were within the consent or knowledge of the Prison Commission.

Page 1088

The undersigned regret to report that in their opinion the Prison Commission has been guilty of grave neglect in the discharge of their responsible duties, and are largely and directly responsible for many of the abuses to which our attention has been drawn. We find that they have often left important duties to subordinate officials and have not given that attention to the details of their officers which was essential to a successful administration thereof. We find the whole department without any proper system of bookkeeping, and at the Prison Farm without any intelligent bookkeeping and accounting. The Committee is pleased to report that the expert accountants employed by the Committee to audit the books of the Prison Commissioner's office, report that while the system of bookkeeping in use is crude, and not up to the requirements which ought to prevail, yet that they show, and proper vouchers prove, that every dollar of public moneys passing through the Commission's office since October 26th, 1900, is properly accounted for. We have been forced to the conclusion that the Prison Commission has left entirely too much of the responsible administration of the department to the Secretary, and while in their employ, to the former State Warden, Mr. J. C. Moore. We call attention to the fact as shown by the evidence, that Capt. Yancey is receiving three salaries, to-wit: $100.00 per month as Secretary, $30.00 per month as bookkeeper and $20.00 per month as bookkeeper for the Reformatory. The law does not authorize the employment of a Secretary, but authorizes the employment of a clerk in the Prison Commission's office, whose compensation shall not exceed $100.00 per month. A bookkeeper is doubtless necessary, but we doubt the policy of designating one employee to fill three offices, and draw more compensation than the law specifically names.

Page 1089

Attention is also called to the fact that the Commission in paying some guards more than $25.00 per month is openly violating the law. While we think the maximum salary for a guard fixed by law is too small, we do not hesitate to say that the Commission is wrong in paying salaries in excess of those fixed by law. Under the contracts entered into with the various lessees, the Commission reserved the right to prorate the normal increase in the convicts over the original allotments, among the different lessees. This has not been done. Dr. Hamby, as successor to Hamby Toomer, has now 175 of the total excess of 250 over the original allotments, although he is entitled to only about 100, under the Commission's view of the law and contracts. As there are several lessees who have not their full quota, and whose prices are higher than Dr. Hamby's, if the Commission under the law and the contracts, has the right to prorate the excess, they should have placed the proper pro rata on these higher priced contracts and not have given Dr. Hamby more than his pro rata with loss to the State. The evidence before us shows that Dr. Hamby does not work convicts at all, but hires them solely for speculative purposes, and that at the time of making his last sub-lease contract of fifty convicts, at an annual hire of $630.00, he did not have a single convict to hire, but sublet this number after talking with the Secretary and having his promise that he should have fifteen to twenty from the Prison Farm, and the remainder as the State secured them from new convictions. For these men Hamby pays the State $221.25 per annum. We find on June 1, 1908, that the Durham Coal Company were short of its full contract quota eleven men, and that its pro rata of the excess men was thirty-six, making in all about forty-seven men that the Commission, according to its construction of the law and the contracts, at an average price of $240.00 each, could have forced this lessee to take, and yet they were given to Hamby at a much lower price, and in excess of

Page 1090

the number he had any right to demand or expect, to be sublet by him for $630.00 per annum. Secretary Yancey, who made disposition of these men, frankly stated to the Committee that he never thought of the dollars the State might lose, and the Chairman of the Commission stated that until developed by the evidence before the Committee, he had no idea of these excessive assignments to Dr. Hamby for speculative purposes. We are further convinced that the Commission was guilty of grave neglect in the matter of the appointment of deputy wardens. It is no exaggeration to say that the failure of our lease system, and the abuses which have grown up under it, must be largely charged to the fact that the wardens of the State have been, with a few exceptions, in the employ of the lessees. But the final responsibility must rest upon the Commission for their appointment. The evidence shows that the selection and appointment of deputy wardens has been very largely left to the Secretary, and that these appointments have been unduly influenced by State Warden Moore and the lessees, notably Dr. Hamby. The Secretary testified willingly to the fact that he had the greatest confidence in Hamby's recommendation of men for these positions, even though he must have realized that Hamby's interest could not always be unselfish. We further find that the Commission has very properly required monthly reports from the wardens, and weekly reports from the camp physicians, and had any attention been paid to such as were sent in, or any effort made to have forced full and accurate reports, many instances of neglect, abuses, and cruelties might have been detected and ended. The Commission seems to have paid little if any attention to these reports, The Secretary says he paid virtually none, preferring to rely upon the verbal reports of the inspectors. We

Page 1091

have already commented upon the lack of thoroughness in these inspections. As heretofore stated, one of the two inspectors now employed is more than seventy-three years of age, and he and his colleague do not inspect the mines, in which a large percentage of the State's felony convicts are employed. We very much fear that these inspections are perfunctory and superficial, however honest the inspectors. The former State Warden or Inspector, Mr. Moore, we think was disqualified to do effective work and make impartial reports, considering the fact that the wardens were frequently virtually his appointees, that he was frequently acting as broker in negotiating transfers of convicts, discontinuing camps thereby at some point and establishing them at others, and the partner and debtor of the lessee who controls over a third of the seventeen hundred and fifty felony convicts subject to his inspection. The absolute and exclusive management and administration of the prison system is vested by law in the Prison Commission, and as we see it there is no escape by it for final responsibility for the conditions as they exist. Seemingly unmindful of the grave responsibilities resting alone upon it, it has delegated important duties to indifferent employees and neglected that personal attention which the State had a right to demand of them. We do not believe that there has been on the part of any member of the Commission, or its Secretary, any financial profit, or any willful or intentional wrong-doing, but we do believe from the evidence that their sins of neglect have been great and deserving of censure. Respectfully submitted, T. S. FELDER, J. E. HAYS, P. M. HAWES, Committee on the part of the Senate.
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C. M. CANDLER, J. W. WISE, A. J. MCMILLAN, A. P. ADAMS, T. E. RYALS, Committee on the part of the House. AUGUST 20, 1908. HON. THOS. S. FELDER, Chairman, Convict Lease Investigating Committee, State Capitol, City. DEAR SIR: EXAMINATION OF BOOKS AND RECORDS PRISON COMMISSION, STATE FARM AND REFORMATORY 1899 TO MAY 31, and JULY 19, 1908. Under your instructions we have made an examination of certain books and records of the Prison Commission and its subsidiaries, the State Farm and Reformatory. Your first instructions were to make a thorough examination from 1897 to date, but later on these were amended as regards the State Farm to cover only the administration of Captain Coombs, the present Superintendent. This is from October, 1903, to June 30, 1908, although for lack of continuous record our several statements of reported Income and Disbursement bring it up only to May 31, 1908. This report consists of Fourteen (14) pages of written matter and Exhibit AReceipts and Disbursements Prison Commission 1899-1900 (Oct.)

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Exhibit BReceipts and Disbursements Prison Commission Oct. 26, 1900-May 31, 1908. Exhibit CReported Income and Disbursements State Farm, October, 1903-May 31, 1908, all attached hereto. PRISON COMMISSION. We started the work in the office of the Prison Commission July 29th, on the Commissioner's books and records. These consisted of a ledger and journal (used as a cash book, as all cheques were journalized), bank pass books, cancelled bank cheques and their respective stubs on the Lowry National Bank and Fourth National Bank of Atlanta, the Milledgeville Banking Company, the Exchange Bank and Merchants and Farmers Bank of Milledgeville. Also pay-roll vouchers, purchase invoices and other vouchers. We noticed that the first date in the Journal and Ledger handed to us was October 26th, 1900. We then asked for the books of record from 1897,when the Commission was created,to October, 1900. Judge Turner informed us that no books were kept up to October, 1900, but that all the data would be found in a file of vouchers, etc., purporting to cover this period. Later on,August 10th,we were handed a file of vouchers apparently for the period prior to 1900, together with a book stated to be written up from these vouchers. This book was new, the writing was fresh and we found it was made up after we had commenced the investigation. Our examination of this file showed that the vouchers covered the period of January 6, 1899 to October 6, 1900. We could find no other vouchers for a prior period, if any are extant. On exhibit A, hereto attached, is a Statement of Receipts and Disbursements for this period. It shows a net balance (Receipts over Disbursements) of $5,155.78 as to October 6, 1900. Exhibit B, embracing the period covered by the regular ledger and

Page 1094

journal, starts off with a net balance as at October 26, 1900, of $5,177.12, but in the time allowed us to make this examination we were unable to account for the difference of $21.34. Exhibit B contains a Statement of Receipts and Disbursements from October 26, 1900 to May 31, 1908, this last date being the end of their fiscal year. It shows a balance in bank of Receipts over Disbursements of $1,615.87, which is correct from the evidence of the books and records submitted for our examination, exception hereinafter noted. (Receipts and Disbursements checked from June 1st to July 19, 1908, and found correct.) PROGRAMME OF EXAMINATION OF COMMISSIONER'S BOOKS. We checked the ledger entries from the journal from October 26th, 1900, to July 19, 1908, and footed the ledger for this period. Checked and verified the pay-rolls (deputy wardens, physicians, guards, etc.), from 1899 to June, 1908. Examined and verified the five bank accounts (previously described) used by the Commission from October, 1900, to July, 1908. Checked purchase invoices, receipt vouchers, etc., from 1899 to July, 1908. Checked cancelled cheques against the journal for the five bank accounts, (previously named), covering the same period. Examined the Comptroller-General's records with reference to the State appropriation and checked State Farm records (what we had) for amounts turned over to the Commissioners from this source. COMMENT ON COMMISSIONERS BOOKS, RECORDS, METHODS, ETC. Attention has already been called to the writing up nearly ten years later of transactions occurring in 1899

Page 1095

and 1900. Inasmuch as the funds received and disbursed were public funds, we consider it a serious omission that the proper record book was not maintained. It would have been a grave one for a commercial house, but being a matter of State government record, it becomes even more serious. From October 26, 1900, to July, 1908, the accounting system in use while simple was fairly well maintained. It is insufficient in detail, is not modern and contains no controlling account, system of check and counter-checkon the Farm and Reformatory records. The receipts, cancelled cheques, payrolls and purchase invoices were submitted as called for. They were correct with one large error noted below and several minor ones, matters of a few cents, too trivial to detail. (This remark applies only to period October 26, 1900, to July, 1908, and solely to the Commissioner's books,not the State Farm or Reformatory). The error referred to above was an error in a bill of J. W. English, Jr., board of guards, July, September and August, 1900, footed as $649.24, whilst the correct amount is $469.24, a difference of $180.00, which was overpaid to Mr. English. Upon calling Captain Yancey's attention to it, he collected the $180.00, also $98.70 interest, or $278.70, which was deposited in the Lowry National Bank to the credit of J. S. Turner, Chairman, on August 4, 1908. In checking the salary list, we noticed that Captain Goodloe Yancey, clerk of the Commission, started in at a salary of $100.00, paid by warrant, shortly after which the Commission paid him $30.00 a month for keeping the books of the Commission and since the Reformatory was started he has been paid an additional $20.00 making a total of $150.00 per month. Also in this period, the State Warden, Mr. J. C. Moore, has been collecting $140.00 a month salary, which was paid by warrant.

Page 1096

In examining the pay-rolls we noticed that many signatures for wages of guards, etc., are in the hand-writing of others than the one who earned the wage, and as we went on in the investigation we found it quite a general practice. The following are prominent illustrations: Fargo pay-roll, October, 1900, of 77 names W. B. Hamby signs for 22; W. H. Mobley signs for 5, can not state positively about balance of the signatures. Chattahoochee pay-roll, October, 1900, of 24 names, all except 2 signed x in one handwriting and not witnessed. Bartow pay-roll, October, 1900, of 29 names all signed in same handwriting. Coal Creek pay-roll, October, 1900, J. R. Brock receipts for several men's pay. Adrian pay-roll, November, 1900, all but 2 apparently signed in one handwriting. Donaldsonville pay-roll, December, 1900, all signed in same handwriting. Egypt pay-roll, March, 1900, all signed in same handwriting. Adrian pay-roll, January, 1900, and January, 1902, all signed, apparently, by one man. Sharp (Colquitt) pay-roll, January, 1900, all signed, apparently, by one man. Albany (Cruger and Pace) pay-roll, January, 1900, -01, -02, -05, -06 and -07, signed, apparently, in one handwriting. Bartow pay-roll, January, 1900, all signed, apparently, by one man. Fargo pay-roll, 1900, W. B. Hamby, physician and General Superintendent, signs for 19 others. Last item on pay-roll reads Camp Expenses, as per statement attached, $61.53, signed for by W. B. Hamby. A statement

Page 1097

of this amount is attached to pay-roll, but no receipts showing who paid to. In addition to these signatures accepted indiscriminately, we noticed very many instances wherein guards are paid more than $25 a month, which we understand to be the limit of their wage prescribed under the Prison Commission Act. The following is a list of them: Durham. J. M. Webb, $27.50 per mo., Jan. '02-April, '03. Kirby Jones, $27.50 per mo., January, 1902, only. C. L. Tatum, $27.50 per mo., March '02-Sep. '03. C. L. Tatum $27.50 per mo., Nov., '03-April, '05. W. L. Gordon $27.50 per mo., April to June, 1903. W. L. Gordon $27.50 per mo., Aug., '03-Aug. '04. J. W. Brannon $27.50 per mo., Apr., '03-Jan., '04. F. L. Ashburn $27.50 per mo., June-July, 1903. A. M. Wingfield $27.50 per mo., Aug., '03-May, '05. Sam Goode $27.50 per mo., January to May, 1905. Sam Goode $27.50 per mo., Sept., 1904-Nov., 1904. Ed Barnes $27.50 per mo., Nov., to December, 1904. Milltown. J. W. Brannon $27.50 per mo., Feb.-Dec., '04. J. W. Brannon $30.00 per mo., Jan.-April, 1905. Lookout. J. H. Williams $27.50 per mo., May, '04-May, 1905. Alexanderville. W. R. Hallman $27.50 per mo., July, 1904, only. W. R. Hallman $27.50 per mo., Nov., '04-Jan. '05. W. Wilkes, $27.50 per mo., August, '04-Dec., '04. Royston Guano Co. J. M. Garrison $27.50 per mo., June-August, 1906. Clide Avant $27.50 per mo., August, 1906, only. Rising Fawn. W. H. Autry, $27.50 per mo., January, 1905, only.

Page 1098

R. H. Smith $27.50 per mo., January, 1905, only. Our general comment on the records, etc., in the office of the Prison Commission, is that the business was conducted in a very lax manner, vouchers, papers, etc., not properly checked nor sufficiently scrutinized. STATE FARM. The work on the State Farm books was started about the same time as the examination of the Commissioner's books; but as we were not able to get the records until two or three days later, we were somewhat delayed in commencing this work. On July 29th we were showed a mass of books and papers which upon sorting out and separating we listed in number as twenty-one (21). On August 1st, another lot of books and records were sent in which upon listing we numbered as forty (40), thus making sixty-one (61) in all. After separating this consolidated lot and putting aside for our examination only those which pertained to the financial record and which was finally further reduced to those covering the Coomb's administration we recorded the following books and records: 2 Day Books covering March '03 to July '08. 1 Ledger from January, 1903-July, 1908. 1 Pay-roll Book, January, 1903-July, 1908. and a few scattered duplicate deposits slips. Also a lot of cancelled cheques on the Milledgeville Banking Company ranging from February, 1906-May, 1908. Many cheques properly in this period were missing, none of them were numbered and several not dated. This data was afterwards supplemented by our sending a representative to Milledgeville to get the bank's record of cheques drawn but this was only valuable as showing cheques (and amount of same) missing.

Page 1099

PROGRAM OF EXAMINATION STATE FARM RECORDS. With this meager data we endeavored to match the cheques we had with the invoices they paid and compare them with their respective entries on day book and ledger. We examined the pay-roll records submitted, endeavored to trace the disposition of funds received from sale of products and hire of convicts as recorded on their books and constructed a Statement of Income and Disbursements. This statement was made from the farm records as to Income and partly from farm records and Commission records as to Disbursements. It is correct according to the records from which it was drawn (See Exhibit C). In the time allowed us for this work, we were not able to make any further examination. We would liked to have had more time, particularly to investigate the funds received from hire of convicts. COMMENT ON LACK OF RECORDS AT STATE FARM. The financial affairs of the State Farm were run as though it belonged to an individual and a very careless individual. There is nothing which we could check against except what amounts practically to verbal statements. There was absolutely no system about anything. It was all left to one man, Captain Coombs, who states that he knows nothing about the records. Further comment is useless. This being State property, a complete record should have been maintained, depositing all funds in the bank and all disbursements being made therefrom. Ready cash needs should be provided for by a petty cash (Imprest) system. A record should have been provided by the Commission showing number of convicts hired, to whom and price. Also number of convicts on hand, number working and number idle.

Page 1100

REFORMATORY. When we first entered the office of the Prison Commission, some twenty days ago, we asked for all the records of the Prison Commission, the State Farm and the Reformatory. Although we have made repeated requests for records, vouchers, etc., of the Reformatory, kept by the Superintendent of the Reformatory, we have not succeeded in getting them, notwithstanding that assurances were made to us that they would be produced. We have not received any records, vouchers or any papers kept by the Superintendent of the Reformatory showing his Receipts and Disbursements and can not say whether there are any such in existence or not. The information upon this subject received at the office of the Prison Commission in Atlanta was unsatisfactory, the Commission seeming not to know whether any financial records were kept at the Reformatory or not. Though the Superintendent testified before your Committee that he did keep a record of his expenditures, as stated above, we have been unable to obtain the same. Regarding the records, etc., of the Reformatory as kept in the office of the Prison Commission in Atlanta, they were pointed out, but in view of the shortness of the time allowed to us, we were not able to examine them. As many men were employed by us as could handle the books, etc., without getting in each other's way, but as we had only twenty working days we found the time inadequate to do more than is here reported. Yours very truly, THE JOEL HUNTER COMPANY, AUDITORS, JOEL HUNTER, President.

Page 1101

Certified Copy. Audit No. 524. THE JOEL HUNTER COMPANY. Auditors. Joel Hunter, President. RECEIPTS AND DISBURSEMENTS PRISON COMMISSION, JANUARY 6, 1899 OCTOBER 6, 1900. RECEIPTS. Appropriation $228,014.76 Farm Products 10,518.45 Sundries 38.33 Total $238,571.54 DISBURSEMENTS. Pay-rolls $ 47,540.66 Office Expenses 582.20 Farm Equipment and Live Stock 11,808.18 Farm Expenses 10,616.65 Building and Improvements 17,847.76 Transportation 823.14 Rewards 966.67 Camp Expenses 203.67 Freight 2,055.89 Incidentals 29.58 Interest 385.39 Guns and Ammunition 2,160.16 Disbursements, Jan. 6, 1899-Oct. 1, 1899 $95,019.95 Disbursements, Oct. 13, 1899 Oct. 6, 1900 not able to classify 138,395.81 $233,415.76 Receipts over Disbursements Exhibit A. $5,155.78

Page 1102

PRISON COMMISSIONRECEIPTS AND DISBURSEMENTS. OCTOBER 26, 1900MAY 31, 1908. RECEIPTS. EXHIBIT B. 102600 10101 10102 6103 6104 6105 6106 6107 Total. 93001 93002 53103 53104 53105 53106 53107 53108 Balance on hand 102600 $ 5,177.12 $..... $..... $..... $..... $..... $..... $..... $ 5,177.12 Appropriation 111,160.00 111,120.00 71,530.00 94,010.00 126,110.00 135,000.00 135,000.00 141,110.00 925,040.00 Reformatory ..... ..... ..... ..... ..... 10,000.00 13,000.00 5,000.00 28,000.00 Farm Products 13,005.05 19,331.92 23,594.52 25,060.57 982.85 16,532.85 31,550.51 19,332.89 149,391.16 Bills Payable ..... ..... ..... ..... 19,500.00 ..... ..... ..... 19,500.00 Total $129,342.17 $130,451.92 $ 95,124.52 $119,070.57 $146,592.85 $161,532.85 $179,550.51 $165,442.89 1,127,108.28

Page 1103

PRISON COMMISSIONDISBURSEMENTS. EXHIBIT BCont'd. 102600 10101 10102 6103 6104 6105 6106 6107 Total 93001 93002 53103 53104 53105 53106 53107 53108 Pay-Roll $ 96,398.75 $ 92,016.61 $ 60,267.60 $ 90,536.60 $ 117,988.84 $ 104,137.98 $ 113,930.16 $ 119,164.14 $ 794,440.68 Inquest 99.00 200.00 65.00 127.60 178.00 102.00 102.35 115.00 988.95 Camp Expenses 907.86 481.67 408.04 573.97 1,103.20 810.49 1,069.87 856.39 6,211.49 Rewards 1,114.11 1,134.60 400.00 1,692.21 1,961.27 1,338.76 2,224.08 2,496.62 12,361.65 Transportation 610.59 746.35 438.80 308.58 905.57 212.65 312.60 175.72 3,710.86 Inspection 770.73 933.98 1,176.17 877.73 2,307.39 1,844.44 2,066.76 1,799.21 11,776.37 Office Expenses 778.57 1,234.76 564.09 1,187.61 596.37 609.03 672.80 484.01 6,127.24 Litigation 368.59 79.85 39.25 63.80 ..... ..... ..... ..... 551.49 Farm Supplies 15,243.50 23,342.47 12,094.05 21,716.05 15,884.47 21,592.50 21,449.19 18,268.48 149,590.71 Water Works 4,875.49 ..... ..... ..... ..... ..... 5,246.57 ..... 10,122.06 Permanent [UNK] Improvements 1,300.83 7,146.36 2,432.78 ..... ..... ..... ..... ..... 10,879.97 Hospital 711.51 1,630.66 1,667.97 554.03 762.47 916.52 810.07 559.13 7,612.36 Interest 22.93 102.40 ..... ..... 215.85 ..... ..... ..... 341.18 Bills Payable ..... ..... ..... ..... 15,500.00 4,000.00 ..... ..... 19,500.00 State Treasurer ..... ..... ..... 12,000.00 ..... 2,943.09 31,550.51 18,898.54 65,392.14 Reformatory ..... ..... ..... ..... ..... 9,607.72 9,016.24 7,261.30 25,885.26 Total $ 123,202.46 $ 129,049.71 $ 79,553.75 $ 129,638.18 $ 157,403.43 $ 148,115.18 $188,451.20 $ 170,078.54 $1,125,492.41 Bank Balance 1,615.87 Total $1,127,108.28

Page 1104

REPORTED INCOME AND DISBURSEMENTSSTATE FARM. OCTOBER, 1903MAY 31, 1908. INCOME. Sales Hire of Total Convicts October, 1903May 31, 1904 $24,138.47 $ 33.00 $24,171.47 June 1, 1904May 31, 1905 14,744.36 539.69 15,284.05 June 1, 1905May 31, 1906 1,098.17 269.61 1,367.78 June 1, 1906May 31, 1907 31,863.32 460.93 32,324.25 June 1, 1907May 31, 1908 20,166.54 385.90 20,552.44 $92,010.86 $1,689.13 $93,699.99 $93,699.99 Exhibit C. DISBURSEMENTS. Traded Pay-Roll Commission Unable to Total State Treas. Locate October, 1903May 31, 1904 ..... $329.97 $23,780.73 $60.77 $24,171.47 June 1, 1904May 31, 1905 .48 729.04 14,554.54 ..... 15,284.06 June 1, 1905May 31, 1906 ..... 409.68 958.10 ..... 1,367.78 June 1, 1906May 31, 1907 ..... 773.74 31,550.51 ..... 32,324.25 June 1, 1907May 31, 1908 684.60 179.52 19,551.70 136.62 x x This amount $136.62 was deposited to the credit of A. B. Coombs, Superintendent. 20,552.44 $685.08 $2,421.95 $90,395.58 $197.39 $93,700.00 $93,700.00 Difference .01

Page 1105

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE State of Georgia At Its Extraordinary Session Convened by Proclamation of the Governor August 25, 1908

Page 1107

Children's courts established. Tax on substitutes for intoxicants. Parole or conditional pardons. Employment of convicts; system of penology. CHILDREN'S COURTS ESTABLISHED. An Act to provide for the establishment of children's courts as branches of the superior courts; to define their jurisdiction and powers; the officers thereof; the compensation; duties and powers of such officers, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority thereof, as follows: SECTION 1. This Act shall be liberally construed, to the end that the care, custody and discipline of the children brought before the court shall approximate as nearly as possible that which they should receive from their parents, and that, as far as practicable, they shall be treated, not as criminals, but as children in need of aid, encouragement and guidance. Proccedings against children under this Act shall not be deemed to be criminal

Page 1108

proccedings, except where the child is committed to trial according to law. Proceedings against children. SEC. 2. Children's courts may be established in any county of this State by the concurrent recommendation of two successive grand juries at different terms of court. Children's courts, how established. SEC. 3. Every court shall have jurisdiction within the county of its creation. The proceedings under this Act shall conform as near as may be to the procedure in other cases. The hearing shall be as far as practicable private. Jurisdiction. SEC. 4. The judge of any superior court may preside over such court. Whenever he is absent from the county or the business of the superior court shall, in the opinion of the judge, need his attention in preference to the children's court, the judge of any city court of the county may preside in the childrens court, with all the powers and rights of the judge of the superior court under this Act. Presiding officer. SEC. 5. The presiding officer of the childrens court shall hear and determine complaints, information, application and cases under this Act, and shall have complete, original and exclusive jurisdiction to deal with every aspect of the case concerning the child, whether it involves the parent, the child or other person. In trials under this Act, the child informed against, or any person legally interested in such child, shall have the right to demand a trial by jury, which shall be granted thereupon. In the absence of such demand, no trial by jury shall be necessary, provided, however, the judge of his own motion may call a jury to try any such case. Proceedings in the nature of motions for new trials, or bills of exceptions, from any determination, conviction, or order of the court may be taken by the child, or by the parent or guardian on behalf of and in the name of the child. Powers of presiding officer. Jury trials. New trials and exceptions.

Page 1109

SEC. 6. Any ordinary, recorder, or judge of a superior or city court, may upon oath being made before him by a probation or police officer, or any citizen, that having made due inquiry he believes any child to be a delinquent or wayward child: ( a. ) issue his summons for the appearance of such child before the childrens court, or. ( b. ) in the first instance issue his warrant directing such child to be apprehended. Any policeman or other officer authorized by such judge, ordinary, or recorder, may apprehend any child for whose apprehension any warrant has been issued. It shall be the duty of the county commissioners, or other authority having control of county matters when requested so to do by the judge, to provide and maintain a detention room, or house of detention, separated from the jail, to be in charge of a matron, or other person of good moral character, wherein all children apprehended under the provisions of this Act shall when necessary be incarcerated. Such children apprehended may be released upon bail, with or without sureties, and shall not be incarcerated unless this is necessary to secure its attendance at the hearing. Proceedings against children, how instituted. SEC. 7. The term delinquent child shall be construed to mean any boy or girl under sixteen years of age who violates any city ordinance or commits any offense against any public law of this State not punishable by death or by imprisonment for life. Delinquent child. The words wayward child shall be construed to mean any boy or girl under sixteen years of age who habitually associates with vicious or immoral persons; or who is an inmate of or frequents a brothel or bawdy house; or who is growing up in circumstances exposing him or her to lead an immoral, vicious or criminal life. Wayward child. SEC. 8. When any child is brought before the court as a delinquent or wayward child, the court may thereupon hear and determine the matter. The court may appoint an attorney to represent such child. In all

Page 1110

cases the child or any one interested in such child shall have the opportunity to submit evidence in its behalf. Trial. SEC. 9. If, on the hearing, the court finds that a child is a delinquent or wayward child, it may: ( a. ) release the child on probation upon such terms and conditions, and for such period of time as the court may think fit; or, ( b. ) commit the child for such period of time as the court may think fit, either to an institution or to the care of some person who is willing to undertake such care; or, ( c. ) if such child is over ten years of age, commit the child to take his trial according to law. In the event such child is convicted of an offense not punishable by death or imprisonment for life, the court may; (1) release the child on probation upon such terms and conditions and for such period of time as the court may think fit; or, (2) commit the child for such period of time as the court may think fit either to an institution or to the care of some person who is willing to undertake such care; or, (3) sentence the child according to law. In addition to such sentence for the offense the court may commit the child at the expiration of such sentence to the Georgia State reformatory; or may instead of any other sentence, commit the child forthwith to the reformatory. Disposal of the delinquent or wayward. SEC. 10. If a child who has been released on probation breaks the terms or conditions of the release, or if it appears to the court that it is to the best interest of such child to take the same away from any person or institution to whose care such child has been committed, the child may again be brought before the court and dealt with under the provisions of this Act just as if it had not been released or committed. Probation. SEC. 11. Any person, who illtreats or injures any child committed to any person or institution; or who causes or attempts to cause such child to be illegally withdrawn or abscond from any such institution or person; or who

Page 1111

knowing such child to have been so withdrawn or absconded, harbors or conceals such child so as to prevent him or her from returning to such institution or person, shall, when convicted, be liable to a penalty not exceeding one hundred dollars, or to be imprisoned in the common jail for a period not exceeding six months. Maltreatment by custodian, or withdrawal and concealment of child, penalty for. SEC. 12. The judge of the superior court of the county may make regulations; (1) providing for the visitation and inspection of the institutions and places where children are placed under this Act; (2) providing for the employment, education, discipline and punishment of children dealt with under this Act; (3) providing for the appointment of a deputy solicitor-general, when in the discretion of the judge this shall be necessary in order to secure the best results; (4), for the appointment of a probation officer and such officers of the childrens' court as the court may think necessary in order to carry out the provisions of this Act. Females, residents of the county for four years preceding, may be appointed to hold any office by virtue of this Act; (5) prescribing the duties of the officers employed in the administration of this Act; (6), for carrying this Act into effect; (7), for the imposition of a penalty not exceeding $100.00 for the breach of any regulation under this Act. Regulations, prescribed by the judge of the superior court. SEC. 13. The judge of the superior court of the county shall fix the compensation of the deputy solicitor-general, the probation officer, and any other officers employed in the carrying out of this Act. All salaries and other expenses provided for under this Act shall be paid out of the county treasury, upon the certificate of the judge of the superior court as other court expenses are now paid. All sums for costs, fines, forfeitures, or otherwise shall be paid into the county treasury. Salaries of officers under this Act. SEC. 14. The said court shall have all of the jurisdiction, authority and powers, vested in the superior courts or the judges thereof, for the purposes of enforcing the provisions of this Act and the said courts shall have

Page 1112

jurisdiction over such other matters as may come before it under this Act. All the provisions of law which relate to the rights, duties and liabilities of parties under proceedings herein shall, as far as they may be appropriate, apply to said court, and to the parties and proceedings therein, except as herein otherwise provided. Powers and jurisdiction of courts. SEC. 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved September 4, 1908. TAX ON SUBSTITUTES FOR INTOXICANTS FOR SUPPORT OF PENITENTIARY SYSTEM. No. 2. An Act to provide a revenue to be used for the development and conduct of the penitentiary system of the State and to buy farm lands and equipment as may be needed in connection with the management, control and employment of the convicts of this State by requiring a license to be obtained by all persons, firms or corporations manufacturing or selling in this State or maintaining therein supply depots or places for distributing any imitation of or substitute for beer, ale, wine, whisky or other spirituous or malt liquors; to prescribe the terms and conditions on which such licenses may issue and the amounts to be paid therefor, to prohibit the carrying on of any business for which such license is required without obtaining such license, to provide penalties for violations of this Act; to provide for the forfeiture of the licenses provided for in this Act when the same are used as a cloak for

Page 1113

the violation of the law and to appropriate the money raised hereunder, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby so enacted by the authority of the same, that from and after the passage of this Act, every person, firm or corporation manufacturing within the limits of this State any beverage or drink or liquor in imitation of or intended as a substitute for beer, ale, wine, whiskey or other alcoholic, spirituous or malt liquors shall obtain a license so to do from the ordinary of the county wherein such business is carried on, and shall pay therefor the sum of five hundred dollars ($500.00) for each calendar year or part thereof. Manufacture of substitutes for intoxicants, license for. SEC. 2. Be it further enacted, That every person, firm or corporation who shall maintain a supply depot, warehouse, distributing offices or other place of business within the limits of this State, where such beverages, drinks or liquors as are referred to in the first Section of this Act are kept for sale or distribution in wholesale quantities, that is to say, in quantities of more than five gallons shall obtain a license so to do from the ordinary of the county wherein such depot or other place is kept and shall pay therefor the sum of five hundred dollars ($500.00) for each calendar year or part thereof. Wholesale dealers in such substitutes, license for. SEC. 3. Be it further enacted, That every firm, person or corporation who shall sell or offer for sale in quantities of less than five gallons any such beverages, drinks or liquors as are referred to in the first Section of this Act shall obtain a license so to do from the ordinary of the county wherein such business is carried on, and shall pay therefor the sum of two hundred ($200.00) dollars for each calendar year or part thereof. Retail dealers' license. SEC. 4. Be it further enacted, That no person whomsoever shall be exempt from the duty of obtaining such licenses and paying said license fees required in the first three Sections of this Act, and that nothing in this Act

Page 1114

contained shall ever be held, taken or construed to authorize the sale of any beverage, drink or liquor now prohibited by law. No exemptions and no license for any drink prohibited by law. SEC. 5. Be it further enacted, That all such imitation of or substitutes for beer, ale, wine, whiskey or other alcoholic, spirituous or malt liquors sold in any such place shall have stamped plainly on the vessels containing such liquid the name of the manufacturer thereof. Names of manufacturers on vessels. SEC. 6. Be it further enacted by the authority aforesaid, That all moneys collected under the provisions of this Act shall be accounted for and paid over to the treasury of the State to be there held as a special fund to be used only in the development and conduct of the penitentiary system of the State, and to buy such farms, lands, road equipment or other properties as may be needed in connection therewith or in connection with the management, control and employment of the convicts, and that the same shall never be construed to be referred to by any appropriation Act which does not expressly so provide, but all funds collected under this Act are hereby appropriated to the purposes and uses in this Section named and are hereby made subject to disbursement on the warrant of the Governor for such purposes. Appropriation of moneys collected under this Act. SEC. 7. Be it further enacted, That any person who shall carry on any business named in either of the first three Sections of this Act without having first obtained the license or licenses in this Act required, and paid therefor as provided for by this Act, shall be guilty of a misdemeanor and punished accordingly. Carrying on business without license, made penal. SEC. 8. Be it further enacted, That any person who shall sell, or furnish, keep or give away under color of the license herein required, any liquor, drink or beverage prohibited by law shall, in addition to any penalty which he may otherwise be liable to, forfeit said license and be forever disqualified from holding any such

Page 1115

license or being in the employment of any person holding such license; and any person holding such license who shall knowingly employ any person so disqualified, shall forfeit his license and be in like manner disqualified. Forfeiture of license. SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved September 5, 1908. PAROLE OR CONDITIONAL PARDONS, SYSTEM FOR CREATED. No. 3. An Act to create a system of parole or conditional pardons of prisoners convicted of crime and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the prison commission shall have full power to establish rules and regulations under which prisoners within the penitentiary may be allowed to go upon parole outside the confines of said penitentiary, but to remain within the legal custody and under the control of said prison commission and subject at any time to be taken into custody on order of said commission; provided the Governor shall report to the next session of the General Assembly every exercise of authority granted by this Act and the reasons therefor. That no parole or conditional pardon shall be granted unto any prisoner until

Page 1116

he shall have served at least the minimum sentence fixed by law as punishment for the crime for which he has been convicted. That no parole shall be granted under the provisions of this Act to any one serving a life sentence for treason, arson, rape or assault with intent to rape. That no prisoner serving a life sentence for any other crime shall be granted a parole under the provisions of this Act until he shall have served at least ten full years under his sentence. Regulations for parole of penitentiary convicts. SEC. 2. Be it further enacted, That the prison commission, with the approval of the Governor, shall have full power to fix and prescribe the rules and regulations under which applications for parole or conditional pardon shall be made and heard; but no parole shall be granted save upon the recommendation of every member of said commission and on approval of the Governor, and then only on the prison record of said prisoner and his history before his conviction for crime. That no parole shall be granted any prisoner by said commission until it shall have satisfactory evidence that if said prisoner is released on parole that he will be given honest employment with a good home; and if he is unable to labor, that he will not become an object of public charity. That when said prison commission shall after a full examination into the history of said prisoner before the commission of the crime for which he has been convicted and the prison record made by him since his confinement in the penitentiary, shall become convinced that he is worthy of a parole or conditional pardon, and that his release will not be incompatible with the welfare of society and that he has the qualities of character, which entitle him to a restoration of citizenship, it shall fully report its reasons and findings thereon to the Governor with recommendation that said parole or conditional pardon be granted unto said prisoner; and if the Governor approves of the said recommendation of the commission and so reports to it, then said commission

Page 1117

shall issue its order for the release of said prisoner under the terms of said parole as fixed by said commission and he shall then be allowed to go without the confines of said penitentiary. That it shall be the duty of said commission to cause a certified copy of its order granting said parole and the terms and conditions of the same to be sent to the clerk of the court of the county wherein said prisoner was convicted, which shall be duly entered of record in said clerk's office in a book to be kept for that purpose. Applications for parole, how made and granted. SEC. 3. Be it further enacted, That said prison commission shall have the power to issue its order for the re-arrest of said prisoner at any time, which order when duly certified by said commission shall become a criminal warrant in the hands of any arresting officer in this State, whose duty it shall be to execute the same as any other criminal process and to arrest the body of said prisoner and again return him to the penitentiary under the order of said commission. That when any paroled prisoner is re-arrested on order of said commission for violation of the conditions of his parole or otherwise, he may be required by said commission to serve the remainder of his original sentence, time paroled may or not be considered or calculated as a part of the original sentence in the discretion of the commission. Re-arrest of prisoner, paroled. SEC. 4. Be it further enacted, That after said paroled prisoner shall have served at least twelve months of his parole in a satisfactory manner, and together with his history before the commission of the crime for which he was sentenced, and his prison record, shall have thereby convinced said prison commission that he is worthy of being restored his citizenship, and that he will not again commit crime and his final release is not incompatible with the welfare of society, said commission may upon its own motion, after having so made diligent inquiry and investigation, recommend unto the Governor that said prisoner be fully pardoned and his citizenship restored

Page 1118

unto him, and if said recommendation is thus approved by the Governor, a full pardon shall be granted upon executive order. That unless said prison commission on its own motion without outside interference or suggestion make said recommendation for a full pardon, the said prisoner shall serve out the full term of his sentence as a paroled prisoner. It shall be the duty of said commission to keep in touch with said paroled prisoner and require him by suitable rules to report himself to said commission at such stated periods as will enable the commission to ascertain his record while a paroled prisoner. That the provisions of this Act shall in no wise impair the pardoning power vested in the Governor. Pardon of paroled prisoners. SEC. 5. There shall be established by the prison commission, or other proper authorities a system of grades of behavior for said convicts. The different grades of behavior shall be plainly distinguished by dress, or emblem thereon so that each convict and all persons coming in contact with any convicts may at once be able to determine to which grade of behavior said convict belongs. Grades of convicts. SEC. 6. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved September 9, 1908.

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EMPLOYMENT OF CONVICTS; SYSTEM OF PENOLOGY. No. 4. An Act to provide for the future employment of felony and misdemeanor male convicts upon the public roads of the several counties of the State, except certain classes, and to provide for the employment of those not used upon such roads; to amend Section 1039 of the Code so far as the same relates to females, and to prevent the hiring of misdemeanor convicts to private persons, to make violations of certain provisions of this Act crimes and to provide punishment therefor, and for other purposes. 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 Section 1039, Volume 3, of the Code of 1895, be amended by striking therefrom the words or on such other works as the county authorities may employ the chaingang, and inserting in lieu thereof the words, or on such other public works as the county or State authorities may employ the chaingang, and by adding to said Section the following words: If the convict be a female, the presiding judge may, in his discretion, sentence her to confinement and labor in the woman's prison on the State farm in lieu of a chaingang sentence, not to exceed twelve months; provided that the trial judge shall have the discretion also of sending any person convicted of a misdemeanor to the State farm, so that said Section as amended shall read as follows: Every crime declared to be a misdemeanor is punishable by a fine not to exceed one thousand dollars ($1,000.00), imprisonment not to exceed six months, to work in the chaingang on the public roads, or on such other public works as the county or

Page 1120

State authorities may employ the chaingang, not to exceed twelve months, any one or more of these punishments in the discretion of the judge; provided that nothing herein contained shall authorize the giving the control to private persons, or their employment by the county or State authorities in such mechanical pursuits as will bring the products of their labor into competition with the products of free labor. If the convict be a female the judge may, in his discretion, sentence her to labor and confinement in the woman's prison on the State farm, in lieu of a chaingang sentence, not to exceed twelve months; provided that the trial judge shall have the discretion also of sending any person convicted of a misdemeanor to the State farm. Misdemeanor convicts, disposal of. SEC. 2. Be it further enacted, That all male felony convicts, except such as are now required by law to be kept at the State farm, may, after March 31st, 1909, be employed by the authority of the several counties and municipalities upon the public roads, bridges or other public works of said counties or municipalities as hereinafter provided. On or before the tenth day of February, 1909, and annually thereafter, prior to the 10th of February the prison commission shall communicate with the county authorities of the State and ascertain those counties desiring to use convict labor upon their public roads, and said counties shall, through their proper authorities, advise the prison commission, in writing, stating whether they desire to use such labor upon their roads, and the number desired. The proportion of convicts, which each county shall be entitled to, shall be ascertained by the prison commission as provided in Act approved August 17, 1903, except in those counties created since the last United States census, and those counties from which new counties have been created; their proportion shall be based upon the best information obtainable in regard to their population. Should any county desire to work more than its proportion of

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convicts upon its roads, the county authorities shall in writing make requisition upon the prison commission for the number wanted in excess of their proportion, and the prison commission shall furnish the number so required, to be paid for by the counties as hereinafter provided. Any two or more of said counties of this State may combine for the purpose of working and improving the roads of their respective counties, by and with the consent and approval of the prison commission. In proportioning the convicts to the several counties, the prison commission shall have the power, in their discretion, to award the convicts to other counties than the one in which the conviction was had. A county shall have the right, upon the approval of the prison commission, to deliver its quota of felony convicts and also its misdemeanor convicts if it so desires to another county, to be used in the construction and repair of public roads, bridges or other public works, and the county so receiving such convicts, shall have the right to compensate the county from which the convicts came, with work upon its public roads, bridges or other public works, or by the exchange of an equal number of convicts. Male felony convicts, disposal of. SEC. 3. Be it further enacted, That any county which has not taken its quota of convicts may at any time apply to the commission for them, and the commission shall as early as practicable furnish the county with its quota of convicts. Every county may have its quota of convicts. SEC. 4. Be it further enacted, That the prison commission is hereby authorized, when in funds, to purchase road-working machinery, appliances and teams, and to equip and organize road-working forces, the same to be used for the construction and repair of public roads, bridges, or other public works in the counties not using their convicts under the foregoing Sections when requested by the authorities of such counties so to do. The work to be done as far as practicable in proportion

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to the convicts which would have been assigned to each county in case the county had worked its convicts. The commission may work in such counties as many more convicts in addition to said proportion as any county is willing to pay the expense of, and as the commission may have at its disposal. When the prison commission works any force of convicts in any county, such county shall pay the expense thereof, including maintenance of equipment, to the commission of working the forces and shall buy the material required for the work done in the county, the county authorities of such county are hereby authorized to pay said expense out of any funds raised for road purposes. Accurate books of account shall be kept by the prison commission of all work done and expenses incurred. In all cases, provided for in this Section, the county authorities shall designate the roads to be so worked or constructed. In counties not using convicts. SEC. 5. Be it further enacted, That if all convicts are not disposed of under the preceding Sections, the prison commission is hereby authorized to place convicts in counties desiring to use them in excess of their quota. Counties shall have the right to use as many convicts as they desire, upon the terms and conditions as in this Act provided; provided that in the event the request by counties should exceed the number of convicts on hand, they shall be prorated between those counties making application for same. In such cases, the prison commission shall keep an accurate account of such excess of convicts charging them to each county receiving them and keeping an accurate account showing the counties to which they would have gone had such county used its convicts, and crediting them to such counties, which excess shall be paid back in convicts when the county so credited with convicts desires to use its convicts in the construction and repair of its roads, bridges, or other public works. Excess of convicts prorated among counties using convicts.

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SEC. 6. Be it further enacted, That after the counties have been provided with convicts as set forth, and if there should remain any convicts not otherwise disposed of, then the privileges conferred upon counties herein shall be extended to municipalities of this State, which shall have the right to hire convicts from the prison commission in such numbers as might be agreed upon at the price of one hundred ($100.00) dollars per capita per annum. Hire of convicts to municipalities. SEC. 7. Be it further enacted, That if after the expiration of the time fixed herein for the assignment of felony convicts, to the different counties and municipalities should it appear that there will remain on March 31st, 1909, any felony convicts whose labor will not be used upon the public roads, bridges or other public works by counties or municipalities, or directly by the State and who should not be confined at the State farm or farms or otherwise employed by the State, the prison commission may in its discretion and with the consent and approval of the Governor dispose of such convicts as it may deem to the best interest of the State for a period not to exceed twelve months from March 31st, 1909, provided that no convict labor shall be used in competition with skilled mechanical free labor, and under no contract by the terms of which the contractor is interested in the quantity of work a convict may be required to do per day; it being the fixed policy of this State that the control and management of its convicts, both felony and misdemeanor, shall never pass from it and its public officials into the control and management of any private corporation or person. Disposal of convicts not taken by counties or municipalities. SEC. 8. Be it further enacted, That in exercising its discretion as to what convicts shall be employed upon the State farm or farms, and in awarding the labor of convicts to counties and municipalities, it shall be the duty of the prison commission where practicable to employ whites and negroes in separate institutions and locations

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and they shall be provided with separate eating and sleeping apartments, provided that the prison commission shall have authority, in their discretion, to place any number of said convicts on the State farm, to be used on said farm to do farm work or such other labor on said farm as the prison commission may deem best; and the commission may, at any time, when such labor is needed, upon the request of the authorities in charge, place as many as fifty of such convicts at work upon the property of any State institution. Discretion of prison commission. SEC. 9. Be it further enacted, That any county may purchase, rent and maintain a farm upon which to work any number of its convicts in connection with working its convicts upon its public roads, bridges and other public works and all products and supplies arising from said farm shall be used in the support of the convicts, improvement of its public roads, bridges and other public works, and in support of the county institutions. County convict farms. SEC. 10. Be it further enacted, That this Act is not intended to repeal or alter any of the provisions of the Act approved December 21st, 1897, as amended by Act approved August 17th, 1903, as to the management, care and control of felony and misdemeanor convicts and the duties and liabilities of the prison commission in regard thereto, except such as are changed by this Act and except that the secretary of the commission shall receive a salary of $1800.00 per annum, and he shall give his entire time to the service of the commission, and shall be required to take an oath to faithfully discharge his duties, and give a bond in such amount as may be fixed by the prison commission payable to the Governor conditioned for the faithful performance of his duties; and the pay of the guards shall not exceed $50.00 per month, and that of a warden $100.00 per month; provided, that no person under the age of twenty-one years, and who does not furnish a certificate signed by three reputable citizens of his county, giving testimony of his good

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moral character, shall be employed as such warden, guard or other employee, and any such employee who shall make a false statement as to his age in order to procure such employment, shall be guilty of a misdemeanor and on conviction shall be punished as provided by law. No guard or warden shall be employed or retained who drinks intoxicating liquors to excess, and no warden or guard shall be appointed who does not furnish a certificate from the ordinary of the county in which he resides that he is, in the opinion of said ordinary a humane, sober and honest man. Management, control and care of convicts. Secretary of commission. Guards and wardens. SEC. 11. Be it further enacted, That no warden, deputy warden, inspector, guard, physician, or any officer or other employee who has charge, control or direction of convicts, shall be in any manner whatever interested in the work or profit of the labor of any convict, nor shall receive any pay, gift, gratuity or favor of a valuable character, from any person interested, either directly or indirectly in such labor. Any person guilty of the violation of the provisions of this Section shall be guilty of a felony and upon conviction shall be punished by labor in the penitentiary for a term of not less than two years and not more than five years. Such offense may be reduced to a misdemeanor by recommendation of the jury trying the case, and the court shall concur in the jury recommendation, in addition to a summary discharge by the prison commission from the service of the State; provided that the provisions of this Act shall not prohibit a camp physician from the regular practice of his profession. All wardens and physicians shall be required to take an oath to perform their duties under the law and the rules of the commission, before entering upon the discharge thereof, and wardens shall give a bond in such amount as the prison commission may fix. Officers and employees, duties and liabilities. SEC. 12. Be it further enacted, That it shall be unlawful for any person or official, except as herein provided, to hire to any other person or corporation any misdemeanor

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convict, and it shall be unlawful for any person or corporation to work any such misdemeanor convict so hired; and any person or corporation violating the provisions of this Section shall, on conviction, be punished for a misdemeanor, it being the duty of the prison commission to institute prosecution for violations of this provision. It shall be the duty of the prison commission upon notice by the county authorities of any county of this State having misdemeanor convicts undisposed of under the law, and not having an established chaingang and not working their misdemeanor convicts on the public roads, bridges or other public works, to dispose of the same as felony convicts are herein disposed of in this State, and the net funds so arising from the same shall be returned to said county authorities to be placed in the county treasury to be used for road purposes only. Disposal of misdemeanor convicts. SEC. 13. Be it further enacted, That all convicts, whether sentenced for felony or misdemeanor crimes, and all convict camps shall be under the direct supervision of the prison commission which shall provide rules and regulations for the management, discipline and control of said convicts, and of said convict camps, subject to the approval of the Governor, and shall have lawful authority to summarily discharge for cause any employee having either care or charge of said convicts, or said convict camps, and it shall be the duty of the prison commission to require constant and thorough disinfection of the quarters of the convicts, and the observance and maintenance of sanitary rules and appliances. Powers and duties of prison commission. SEC. 14. Be it further enacted, That any physician, warden, guard or other employee who shall violate any of the provisions of this Act, except as otherwise herein provided, shall be guilty of a misdemeanor, and, on conviction, shall be punished as provided in Section 1039 of the Code; and it shall be the duty of the prison commission to prosecute such person. Any warden or

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other prison official who shall cause any convict to do any work on Sunday, except works of necessity, shall be guilty of a misdemeanor, and punished as provided in Section 1039, of the Penal Code. Liabilities of officers and employees. SEC. 15. Be it further enacted, That it shall be the duty of some member of the prison commission to make personal visits to the various convict camps of the State, including the county road gangs, every six months, and to make a thorough inspection of every detail of management, plan of operation, and treatment of convicts; said visits to be made unawares to the authorities in charge of the various camps. Inspections by prison commission. SEC. 16. Be it further enacted, That the net proceeds arising from the disposition of convicts to municipalities or otherwise, shall be used by the prison commission in working convicts upon the public roads or public works of the counties which do not elect to take convicts as herein provided, at the option of the prison commission; and in the event the prison commission may elect not to work the roads in any one or more of said counties, then the pro rata part of said funds for said counties shall be paid into their respective treasuries to be used for road purposes only. Proceeds from hire of convicts to municipalities, how used. SEC. 17. Be it further enacted, That in order to carry into effect the terms of this Act, the prison commission, with the approval of the Governor, is hereby authorized to purchase or lease, for a period of five years, with the option to purchase at any time, one or more tracts of land, located at some convenient point, for the purpose of working the convicts thereon; but before said tract or tracts of land are purchased or leased, advertisements asking for proposals shall be published in four of the daily papers of this State, and the abstract of title of said land approved by the attorney-general. Purchase or lease of lands for working convicts. SEC. 18. Be it further enacted, That the State farm be used as far as possible for the purpose of making

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supplies of all kinds for maintaining the convicts, either in farm products, or manufacturing articles for the use of the convicts and the State sanitarium, and other State institutions, and all net profits arising from the State farm be used in establishing a central penitentiary, for the purpose of working such vicious convicts as the prison commission may select. That after the State farm and the central penitentiary have been sufficiently improved, for all purposes, such other profits arising therefrom shall be used for the purpose of purchasing and improving such additional farm lands and property as may be necessary for maintaining and working the convicts of the State. The prison commission is authorized to purchase, out of any available funds over which they have control, a tract or tracts of land in the same or different parts of the State and erect thereon suitable buildings, stockade and appurtenances for the safe keeping and care of those felony convicts not worked by the several counties and municipalities, and may also purchase such live stock, machinery, farm implements, furniture, etc., which may appear to be necessary to carry out the intentions of this Act. The commission may confine at hard labor upon the prison farm, or on lands purchased under this Section, convicts not engaged in work by the counties and municipalities, when not elsewhere engaged under the direction of the commission upon roads, bridges or other public works, and the commission is authorized to retain on said lands such convicts as are considered especially dangerous and which it is not deemed safe to work upon public roads or public works. The commission may in connection with the farm work use said convicts in such industrial enterprises as they may deem advisable, and to this end may employ the convicts in manufacturing such implements and equipments or other articles as may be needed for use on the State farm or road, bridge or other public works, and in making shoes and clothing and other articles for the use of the convicts and inmates of other State

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institutions, but the commission shall not sell or offer for sale articles so manufactured to the public. In connection with any such work the commission is required to keep accurate and complete books and record showing the products of such labor and the disposition thereof, and the expenses incident thereto and the money derived from any sales of products, after paying the cost of production, shall be paid into the State treasury. State farm and central penitentiary. Other farms. SEC. 19. Be it further enacted, That if the prison commission has on hand convicts not provided for under the foregoing Sections of this Act, said prison commission may place upon said farms such convicts and work the same thereon. In connection with the handling of convicts upon farms, the prison commission shall employ such superintendents as in their discretion may be deemed necessary. The compensation of a superintendent shall not be more than twelve hundred dollars per annum and actual traveling expenses while in the discharge of his duties, together with a residence for himself and family, to be located on the farm of which he is superintendent. No superintendent shall be allowed to keep any live stock at the State's expense. Superintendents shall be required to give their entire time and attention to the duties of their office, and shall not engage in farming or any business in their own behalf. Superintendents. SEC. 20. Be it further enacted, That the prison commission is hereby authorized, if they deem it necessary, to employ not more than four supervisors, who shall visit the various counties, inspect the convicts and their work, and perform such other duties as may be required of them by the commission. If practicable civil engineers shall be selected for these positions. The salaries shall not exceed one hundred and fifty dollars per month and actual traveling expenses. The commission shall also appoint such wardens and guards as may be necessary and shall define their duties. Supervisors.

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SEC. 21. Be it further enacted, That it shall be the duty of the supervisors to inform themselves thoroughly upon the subject of road building and assist as far as possible those in different counties and municipalities in planning and constructing public roads, bridges and works, and it shall be the duty of the commission to furnish those representing the various counties of the State engaged in building roads, bridges and public works information on the subject of handling their convicts, economically and successfully, with reference to the construction of public roads, bridges and other public works in which said counties and municipalifies may be engaged. Duties of supervisors. SEC. 22. Be it further enacted, The clerk of the court wherein any person may be convicted and sentenced for violation of the criminal laws of this State shall notify the prison commission immediately thereafter, by mail, of the conviction and sentence, together with a description of the person sentenced, which shall give the name, crime, sentence, age, sex, height, weight and apparent physical condition of such person; and the disposition made or to be made of said person. Reports by court clerks to prison commission. SEC. 23. Be it further enacted, The prison commission shall keep a record of all convictions and sentences for violations of the criminal laws and of the final disposition of each case. Records of Prison Commission. SEC. 24. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved September 19, 1908.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA ADOPTED At its Extraordinary Session in 1908

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EMPLOYMENT OF CONVICTS TO EXTEND WESTERN ATLANTIC RAILROAD. No. 1. A resolution to create a commission to inquire into the feasibility of employing the convicts in extending the Western Atlantic Railroad and report thereon to the next General Assembly and to appropriate money for the expenses thereof. Be it resolved by the General Assembly, That a commission be raised consisting of nine members, whereof three shall be members of the House to be designated by the Speaker, two shall be members of the Senate, to be designated by the President thereof, and four shall be experienced men, citizens of Georgia, to be designated by the Governor, which commission shall fully inquire into the feasibility of employing the convicts in extending the Western Atlantic Railroad and report thereon to the next General Assembly. Commission on extension of W. A. R. R. by convict labor. Be it further resolved, That the sum of two thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to pay the incidental expenses of said commission including clerk hire and the actual expenses of the members in coming to and returning from the capitol and remaining here. Appropriation to pay expenses of commission. Approved September 5, 1908.

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INDEXES FOR JOURNALS OF EXTRA SESSION. No. 2. A RESOLUTION. Resolved by the House, the Senate concurring, That O. L. Gresham, Journal Clerk of the House and Charles F. Rice, Journal Clerk of the Senate, be paid twentyfive dollars each for indexing their respective Journals of the House and Senate for the extraordinary session of 1908, and that the Governor is hereby authorized to draw his warrant on any funds in the treasury to pay for said indexing. Appropriation to pay for indexes to Journals. Approved September 19, 1908. IN RELATION TO UNFINISHED BUSINESS OF EXTRA SESSION. No. 3. Resolved by the House of Representatives, the Senate concurring, That the Speaker of the House of Representatives and the President of the Senate, the Clerk of the House of Representatives and the Secretary of the Senate be and they are hereby authorized to remain at the capitol one day after the adjournment of the extraordinary session of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment and that they be allowed their per diem for said time. In relation to unfinished business. Resolved, That the Chairmen, respectively, of the Enrollment and Auditing Committee of the House and

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Senate, together with two members of the House Enrollment Committee and two members of the Senate Enrollment Committee and two members of the House Auditing Committee and two members of the Senate Auditing Committee, to be designated by the Chairman thereof, be and they are hereby authorized to remain at the capitol one day after the adjournment of the extraordinary session of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Resolved further, That the postmistress of the House be and she is hereby authorized to remain at the capitol one day after the adjournment of the extraordinary session of the General Assembly for the purpose of distributing and forwarding the members' mail, and that she be allowed her per diem for said time. Resolved further, That two porters of the House and one porter of the Senate be and they are hereby authorized to remain at the capitol one day after the adjournment of the extraordinary session of the General Assembly and that they be allowed their per diem for said time. Approved September 19, 1908.

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INDEX. A ACCOUNTANTS, CERTIFIED PUBLIC Board of Examiners for 87 ADEL, TOWN OF Corporate limits 362 Public School System 363 ADVERTISEMENTS, LEGAL How published in certain counties 92 AGRICULTURAL COLLEGE Chairman of Trustees 105 AGRICULTURAL AND MECHANICAL SCHOOLS Appropriation for 9 APPLING COUNTY Board of commissioners for 264

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APPROPRIATIONS General Appropriation Act of 1907, amended 8 General Appropriation Act of 1907, amended 10 For salaries and expenses of Railroad Commission 11 For the Georgia State Sanitarium 12 For the State Board of Health 13 For College of Agriculture 14 For repairs of Old College 15 For State Normal School 17 For State Normal School 18 For Georgia Normal and Industrial College 19 For Georgia Normal and Industrial College 20 For School of Technology 21 For Confederate Soldiers' Home of Georgia 21 For improving State's property at Indian Springs 22 For Confederate Cemetery at Marietta 1002 To pay expenses of joint committee 1004 To pay armory rent for Ft. Gaines Guards 1005 To pay for work of Carroll Daniel 1005 To pay Mrs. M. O. Case for house 1007 To refund to Geo. M. Brinson fee for charter 1008 To pay per diem of doorkeeper of House 1009 To pay for copy of pension rolls 1009 To pay commissions due tax collector of Hancock county 1010 To refund license tax to Palmber club 1011

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To pay pension of Blackstock, Mrs. Mary 1013 To pay pension of Coker, Mrs. E. J 1014 To pay pension of Crain, Mrs. S. T 1015 To pay pension of Currens, Mrs. Sarah 1016 To pay pension of Greer, Mrs. Mary Ann 1017 To pay pension of Hodge, Mrs. Louisa L 1017 To pay pension of Johnson, Mrs. Merinda 1018 To pay pension of Lockhart, Mrs. Lucy 1019 To pay pension of McDougal, Mrs. Mary 1020 To pay pension of Rice, F. M 1021 To pay pension of Shiver, Mrs. Queen 1022 To pay pension of Stanford, W. J 1024 To pay pension of Surrency, Mrs. Elizabeth 1025 ASHBURN, CITY COURT OF Act creating amended 111 ATHENS Sinking fund commissioners 371 Board of health created 378 ATLANTA State depositories in 37 Corporate limits extended 383 Charter amended 394

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ATLANTIC AND GREAT WESTERN CANAL Memorial for survey of 1039 B BAILIFFS Special service for superior courts 43 Special for city courts 110 BAKER COUNTY Board of commissioners 269 Board of commissioners 270 BALDWIN COUNTY Board of commissioners 274 BARWICK, TOWN OF Charter amended 406 BARTOW, TOWN OF Public school system 402 BATTLE HILL, TOWN OF Charter repealed 407

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BEN HILL COUNTY Representatives from 31 BETWEEN, TOWN OF Incorporated 408 BLAIRSVILLE, TOWN OF Incorporated 414 BLAKELY, CITY COURT OF Act creating amended 113 BLAKELY Examination of dispensary 417 BLUE RIDGE New charter 419 BOARD OF HEALTH Establishment of by U. S 1037 BONDS OF COUNTIES AND MUNICIPALITIES Validation 72

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BOWERSVILLE, TOWN OF Charter amended 461 BROOKS COUNTY Protection of roads and bridges 275 BRUNSWICK Charter amended 462 BUCHANAN, CITY OF Incorporated 468 BUCKHEAD, TOWN OF New charter 488 BUSHNELL, TOWN OF Charter repealed 522 BYROMVILLE, TOWN OF Charter amended 523 C CALHOUN COUNTY Commissioners, number and election 276 Sale of a part of the John P. King Park 525 Sale of a part of the town commons 526

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CAMDEN COUNTY County court of, abolished 258 CAMPBELL COUNTY Sale of near-beer, etc., prohibited 281 CAMPAIGN EXPENSES Publication of 63 CARCASSES Required to be buried 41 CARNEGIE FOUNDATION Participation of University 1034 CARROLL COUNTY Office of commissioner created 282 CARROLLTON Corporate limits extended 527 CEDAR GROVE, TOWN OF Incorporated 527

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CENTER, TOWN OF Incorporated 534 CHALYBEATE SPRINGS, TOWN OF Incorporated 536 CHAMBLEE, TOWN OF Incorporated 542 CHATHAM COUNTY County police force created 285 CHEROKEE COUNTY Board of commissioners established 288 Bonds for public roads 292 CHILDREN'S COURTS Established 1107 CITY COURTS Special bailiffs for city courts, appointment, etc 110 Ashburn, city court of, Act creating amended 111 Blakely, city court of, Act creating amended 113 Buford, city court of, Act creating amended 114 Dalton, city court of, Act creating amended 115

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Danielsville, city court of, established 119 Douglas, city court of, Act creating amended 134 Dublin, city court of, Act creating amended 140 Eastman, city court of, Act creating amended 143 Floyd county, city court of, Act creating amended 144 Franklin, city court of, established 146 Houston county, city court of, established 161 Madison county, city court of, abolished 177 Miller county, city court of, abolished 179 Miller county, city court of, established 180 Monticello, city court of, Act creating amended 194 Moultrie, city court of, Act creating amended 199 Newnan, city court of, Act creating amended 201 Newton, city court of, Act creating amended 202 Oglethorpe, city court of, Act creating amended 203 Sandersville, city court of, Act creating amended 206 Sparta, city court of, Act creating amended 208 Springfield, city court of, established 211 St. Marys, city court of, established 277 Sylvania, city court of, Act creating amended 241 Tifton, city court of, Act creating amended 243 Waynesboro, city court of, Act creating amended 245 Wrightsville, city court of, established 246 CODE AMENDMENTS Volume 1, Section 982, Three State depositories in Atlanta 37

Page 1146

Volume 1, Section 982, State depository in Comer 38 Volume 1, Section 982, State depository in Fayetteville 39 Volume 1, Section 982, State depository in Ludowici 39 Volume 1, Section 982, State depository in Senoia 40 Volume 2, Section 4200, Trials in county courts 41 Volume 3, Section 492, Careasses required to be buried 41 COLLEGE OF AGRICULTURE Appropriation for 14 Appropriation for 14 COLLEGE PARK Charter amended 544 Charter amended 547 Charter amended 555 COLQUITT, CITY OF Stock law 562

Page 1147

COMER State depository in 38 COMMISSIONER OF PENSIONS Election of 66 CONFEDERATE SOLDIERS' HOME Appropriation for 21 Sale of part of property 103 CONFEDERATE CEMETERY AT RESACCA Accepted by the State 1036 CONSTITUTION, AMENDMENTS TO Qualification of electors and registration of voters 27 Representatives from Ben Hill county 31 Taxing powers of counties 33 Pensions for ex-Confederate soldiers and widows of ex-Confederate soldiers 34 CONVICTS Parole or conditional pardons for 1115 Employment of 1119 Employment of to extend W. A. R. R 1132

Page 1148

CONVICT SYSTEM Committee to investigate 1029 Meetings of committee 1033 Accountant for committee 1033 Expenses of committee 1033 Report of committee 1059 CORDELE Charter amended 563 Charter amended 564 Charter amended 567 CORPORATIONS Contributions to campaign expenses 65 COUNTY COURTS Trials in 41 Camden county, county court of, abolished 258 Effingham county, county court of, abolished 259 Houston county, county court of, abolished 260 Pulaski county, fees of officers of county court of 261 Walker county, county court of, abolished 262

Page 1149

COUNTY LINES How defined 96 COUNTY POLICE Taxation for 33 CRISP COUNTY Board of commissioners for 295 CULVERTON, TOWN OF Charter repealed 568 CUMMING, TOWN OF Public schools 569 CUSSETA, TOWN OF Charter amended 573 D DADE COUNTY Relief of sureties of county treasurer 1028 DALTON Charter amended 577 City court of, Act creating amended 115

Page 1150

DANIELSVILLE City of, incorporated 575 City court of, established 119 DAWSON Water and light commission abolished 588 DECATUR Charter amended 589 Charter amended 591 DEKALB COUNTY Georgia Reports for 1035 Bonds for public roads 298 DEPOSITIONS Without commissioner 84 DIXIE, TOWN OF Incorporated 593 DODGE COUNTY Board of commissioners, Act creating amended 299

Page 1151

DOOLY COUNTY Board of commissioners, Act creating amended 302 DOUGLAS Charter amended 601 DOUGLAS, CITY COURT OF Act creating amended 134 DOUGLASVILLE Charter amended 604 DRUGS Inspection of 80 DUBLIN, CITY COURT OF Act creating amended 140 DUBLIN Charter amended 605 E EAST LAKE, TOWN OF Incorporated 608

Page 1152

EASTMAN, CITY COURT OF Act creating amended 143 EAST POINT New charter 612 EATONTON Charter repealed 619 New charter 620 EDGEWOOD Charter repealed 645 EFFINGHAM COUNTY County court of abolished 259 ELLIJAY Charter repealed 646 EMANUEL COUNTY Real estate of, how sold 304 ENTOMOLOGIST Salary of 69

Page 1153

F FAIRBURN Charter amended 647 FAIRMOUNT, TOWN OF Charter repealed 655 New charter 655 FAYETTEVILLE State depository in 39 FISH Protection of 99 Protection of 100 FITZGERALD Charter amended 666 FLOYD COUNTY, CITY COURT OF Act creating amended 144 FOOD Inspection of 80

Page 1154

FORREST PARK Incorporated 685 FRANKLIN, CITY COURT OF Established 146 FRANKLIN Town of, charter repealed 689 City of, incorporated 689 G GAINSVILLE Charter amended 711 GAME AND FISH Protection of 99 GEORGIA NORMAL AND INDUSTRIAL COLLEGE Appropriation for 19 Appropriation for 20

Page 1155

GEORGIA SOUTHWESTERN AND GULF R. R. Charter amended 52 GEORGIA VOLUNTEERS Organization 92 GLASCOCK COUNTY Commissioners of, election, etc. 305 GLASCOCK SUPERIOR COURT Terms of 44 GLENWOOD, TOWN OF Incorporated 711 GLYNN COUNTY Sinking fund commissioners, bonds of 308 Maintenance of public schools 309 GOVERNOR, PROCLAMATION OF Calling extra session 1045 GOVERNOR, MESSAGE OF To extra session 1049

Page 1156

GRATIS, TOWN OF Incorporated 727 GREENE COUNTY Commissioners for, election, etc 310 GRIFFIN Charter amended 733 GWINNETT SUPERIOR COURT Terms of 45 H HARALSON COUNTY Waco school district abolished 312 HARALSON SCHOOL DISTRICT Act incorporating amended 357 HART COUNTY Board of commissioners abolished 313 Office of commissioner created 314

Page 1157

HARTWELL Public school system 733 HENRY COUNTY Removal [Illegible Text] obstructions from streams of 320 HEALTH DEPARTMENT, U. S. Memorial to establish 1037 HOGANSVILLE Charter amended 746 HOSCHTON, TOWN OF Charter amended 747 HOUSTON COUNTY City court of established 161 County court of abolished 260 I INDIAN SPRINGS State's property, improvement of 22

Page 1158

INSPECTOR Of food and drugs 80 INTEREST RATE Greater than five per cent. prohibited 83 IRON CITY, TOWN OF New charter 752 IRWIN COUNTY Office of commissioner abolished 821 Board of commissioners established 322 J JACKSON, CITY OF New charter 787 JACKSON COUNTY Board of commissioners for, Act creating amended 329 JONESBORO Charter amended 806

Page 1159

JOHNSON COUNTY Board of commissioners established 333 Journals of extra session. Indexes for JUNCTION CITY, TOWN OF Charter amended 808 K KINGSLAND, CITY OF Incorporated 815 KINGWOOD, TOWN OF Incorporated 809 Charter repealed 814 KIRKWOOD Charter amended 818 Charter amended 819 L LAURENS COUNTY Board of commissioners, Act creating amended 336

Page 1160

LAVONIA, CITY OF Incorporated 822 Public schools 837 LEON, TOWN OF Incorporated 841 LITHONIA Public schools 851 LOCOMOTIVE ENGINEERS Employment of 49 LOCOMOTIVES On main lines, electric headlights 50 Or trains, movement of 51 LUDOWICI State depository in 39 LUMBER CITY, TOWN OF Public schools 854

Page 1161

M MACON Charter amended 857 MACON COUNTY Repair of bridge across Flint river 338 MADISON COUNTY City court of, abolished 177 MANSFIELD Public school system 865 MARIETTA Charter amended 870 McDONOUGH Charter amended 856 MERIWETHER COUNTY Haralson School District limits 352 MESSAGE OF GOVERNOR To extra session 1049

Page 1162

MIDVILLE Charter amended 871 MILLER COUNTY City court of abolished 179 City court of established 180 MONROE COUNTY Board of commissioners, Act creating amended 340 MONTICELLO, CITY COURT OF Act creating amended 194 MOULTRIE, CITY COURT OF Act creating amended 199 MUNICIPAL PRISONS For misdemeanor convicts 76 N NEWNAN, CITY COURT OF Act creating amended 201

Page 1163

NEWTON, CITY COURT OF Act creating amended 202 NEWTON COUNTY Board of commissioners, Act creating amended 341 NORCROSS Charter amended 873 NORWOOD Charter amended 878 O OCHLOCKNEE Charter amended 881 OGLETHORPE, CITY COURT OF Act creating amended 203 ORLAND, TOWN OF Incorporated 882

Page 1164

P PELHAM Charter amended 889 PENITENTIARY Employment of convicts 1119 Parole or conditional pardons 1115 Employment of convicts to extend W. A. R. R. 1132 PENSIONS How paid 10 For ex-Confederate soldiers and widows of 34 Of Confederate soldiers, how paid 70 Commissioners of, election of 66 PERRY Charter amended 890 PRIMARY ELECTIONS Registration for 55 PRIMROSE, TOWN OF Incorporated 891

Page 1165

PRISONS OF MUNICIPALITIES For misdemeanor convicts 76 PROCLAMATION OF GOVERNOR Calling extra session 1045 PULASKI COUNTY Fees of officers of county court of 261 PUTNAM COUNTY Board of commissioners, Act creating amended 342 R RAILROAD COMMISSION Powers of 67 Salaries and expenses 11 RAILROADS Returns of, for county and municipal taxation 24 RANDOLPH COUNTY Board of commissioners, Act creating amended 344

Page 1166

REGISTRATION For primary elections 55 Of voters 58 RESACCA Confederate cemetery 1036 RIVERDALE, TOWN OF Incorporated 897 ROAD WORK OR COMMUTATION TAX In certain counties 99 ROCKDALE COUNTY Removal of obstructions from streams of 346 ROCKLEDGE, TOWN OF Incorporated 900 ROME Charter amended 903 Charter amended 904

Page 1167

S SANDERSVILLE, CITY COURT OF Act creating amended 206 SANITARIUM, GEORGIA STATE Appropriation for 12 SANITARIUM For tuberculosis patients 101 SCHOOL OF TECHNOLOGY Appropriation for 21 SENOIA State depository in 40 SHELLMAN Charter amended 915 SPARTA, CITY COURT OF Act creating amended 208 SPRINGFIELD, CITY COURT OF Established 211

Page 1168

SPREAD, TOWN OF Public school system 924 STATE BOARD OF HEALTH Treatment of hydrophobia 13 STATE CHEMIST How paid 8 STATE NORMAL SCHOOL Appropriation for 17 Appropriation for 18 STATE SCHOOL OF TECHNOLOGY Name 1035 ST. MARYS, CITY COURT OF Established 227 ST, MARYS Charter amended 911 SUMTER COUNTY Board of commissioners, Act creating amended 348

Page 1169

SUPERIOR COURTS Special bailiffs, appointment, etc. 43 Glascock superior court, terms of 44 Gwinnett superior court, proceedings in 45 Tift superior court, terms of 46 Tift superior court, terms of 47 Troup superior court, terms of 48 SYLVANIA, CITY COURT OF Act creating amended 348 SYLVANIA Public school system 928 TAXES On property not returned in preceding years 25 TAX On substitutes for intoxicants 1112 TAX RETURNS BY RAILROADS For county and municipal taxation 24

Page 1170

TECHNOLOGY, STATE SCHOOL OF Name 1035 TELFAIR COUNTY Board of commissioners, Act creating amended 350 TEMPLE Charter amended 934 TERRELL COUNTY Width of public roads 352 Relief from tax on dispensaries 1026 TIFT SUPERIOR COURT Terms of, etc. 46 Terms of, etc. 47 TOWNS AND UNION COUNTIES Protection of fish 352 TROUP SUPERIOR COURT Towns of 48 TUBERCULOSIS Sanitarium for patients 101

Page 1171

TURNER COUNTY Board of commissioners established 353 TURNER, J. W. Relief of, as surety for Alonzo Luckie 1026 U UNION AND TOWNS COUNTIES Protection of fish 352 UNION CITY, TOWN OF Incorporated 935 UNIVERSITY OF GEORGIA Appropriation to repair old college 17 Sale of its land in Thomasville 104 Board of Trustees 105 UNFINISHED BUSINESS OF LEGISLATURE For completion of 1041 At extra session 1133

Page 1172

U. S. HEALTH DEPARTMENT Memorial to establish 1037 V VALDOSTA Charter amended 956 VALIDATION OF BONDS County and municipal 72 VETERINARY EXAMINERS, BOARD OF Created 88 VIDETTE, TOWN OF Incorporated 959 VIENNA Charter amended 965 VOLUNTEERS, GEORGIA Organization of 92

Page 1173

VOTERS Registration of 27 Registration of 58 W WALKER COUNTY, COUNTY COURT OF Abolished 262 WARRENTON Charter amended 966 WATER POWERS Development of 78 WAYNESBORO, CITY COURT OF Act creating amended 245 WAYNESBORO Charter amended 967 WEST POINT Charter amended 969 Charter amended 970

Page 1174

WESTERN ATLANTIC RAILROAD Terminals for 79 WILLS, FOREIGN Muniments of title 85 WILLIAMSON, TOWN OF Incorporated 973 WILLIAMSVILLE, TOWN OF Incorporated 978 WINDER Charter amended 971 WOODBINE, TOWN OF Incorporated 984 WOODLAND, TOWN OF Incorporated 988 WRIGHTSVILLE, CITY COURT OF Established 246 Public school system 994

Page 1175

TREASURER'S REPORT.

Page 1176

R. E. Park, State Treasurer, in Account with the State of Georgia from January 1, 1907, to December 31, 1907. Dr. Cr. To balance in the Treasury, January 1, 1907 $ 804,444 93 By Academy for Blind 18,000 00 To Artists' Tax $ 1,746 49 By Academy for Blind Building 40,000 00 To Auctioneers' Tax 877 50 By Agricultural School 44,000 00 To Automobile Tax 630 00 By Board of Health 7,500 00 To Ball and Bicycle Parks 137 02 By Civil Establishment 183,300 00 To Building and Loan Association 20 00 By College for Colored 8,000 00 To Bicycle Agents 765 63 By College for Colored Building 5,000 00 To Cigarette Tax 9,555 03 By Compiler of Records 3,849 58 To Costs refunded 53 80 By Court of Appeals Reports 2,500 00 To Corporation Tax, ad valorem 20,924 38 By Contingent Fund 21,533 44 To Costs of Fi. Fas. 50 By Contigent Fund Railroad Commission 800 00 To Detective Agencies 90 00 By Contingent Fund Supreme Court 1,288 13 To Dividends from stocks 2,596 00 By Contingent Fund Court of Appeals 744 64 To Express Companies' Tax 6,681 22 By Department of Agriculture 12,500 00 To Fees from Fertilizers 57,499 09 By Fertilizers' Fund 6,911 62 To Hire of Convicts 370,101 08 By Farmers' Institute 2,500 00 To Insolvent General Tax 4,056 20 By Georgia Experiment Station 794 17 To Insolvent Poll Tax 1,040 61 By Georgia State Sanitarium 370,000 00 To Insurance Fees 24,010 54 By Georgia State Sanitarium, Special 15,000 00 To Insurance Agents 17,838 00 By Geological Fund 9,806 29 To Insurance Tax 141,041 47 By Georgia Normal and Industrial College 24,999 96 To Interest from Depositories 6,063 66 By Georgia Normal and Industrial College, Building 27,500 00 To Investment Companies 200 00 By Horticultural Fund 10,618 36 To Liquor Tax 234,282 57 By Incidental Expense General Assembly 102 12 To Lease on Oyster Lands 20 00 By Indexing House and Senate Journals 150 00 To Money Refunded 1 00 By Inspection of Oils 1,250 00 To Northeastern Railroad 3,745 00 By Insurance Public Buildings, etc. 33,881 36 To Occupation Tax on Corporations, capital stock 31,071 31 By Jamestown Exposition 24,700 00 To Office Fees 8,019 30 By Land Script Fund Interest [Illegible Text] 14 To Oil Fees 14,976 23 By Legislative Pay Roll 66,353 16 To Pure Food 1,866 34 By Library Fund 3,472 70 To Pawn Brokers' Tax 5,017 50 By Library Fund Court of Appeals 165 10 To Peddlers' Tax 5,145 50 By Military Fund 40,000 00 To General Tax 2,478,227 97 By North Georgia College (Dahlonega) 16,500 00 To Billiard Tax 12,811 06 By North Georgia A. M. College Building 20,000 00 To Pensions Refunded 391 64 By Overpayment Taxes Refunded 8,640 54 To Pistol Tax 9,090 00 By Pensions Deficit 42,717 65 To Poll Tax 272,716 16 By Pharmacy Board 200 00 To Railroad Tax 358,453 04 By Prison Fund 360,709 42 To Real Estate Agents 2,286 18 By Printing Fund 24,573 05 To Rent Public Property 60 00 By Printing Fund Geological Department 2,500 00 To Rental Western Atlantic Railroad 420,012 00 By Penitentiary Committee 4,213 16 To Supreme Court Costs 3,888 00 By Printing Fund Railroad Commission 997 48 To Sale of Acts 861 75 By Public Buildings and Grounds 32,000 00 To Sale of Codes 938 75 By Publishing Georgia Records (Colonial) 8,748 13 To Sale of Carpets 22 95 By Publishing Georgia Reports 7,632 80 To Sale of Crops 18,050 51 By Public Debt 415,993 75 To Sale of Records 324 00 By Reformatory 15,000 00 To Sale of Reports 12,976 41 By Reprinting Georgia Reports old 12,443 25 To Sale of Appeals 890 75 By School for the Deaf 33,000 00 To Sewing Machine Agents 2,528 00 By School for the Deaf Building 20,000 00 To Sewing Machine Companies 1,800 00 By School for the Deaf, Special ..... To Sleeping Car Companies 2,276 23 By School Fund 1,667,475 25 To Show Tax 13,318 86 By School of Technology 55,000 00 To Street Railroad Co.'s Tax ..... By Soldiers' Home 17,500 00 To Temporary Loan 180,000 00 By Soldiers' Home Hospital 7,500 00 To Tax on Agencies 495 00 By Solicitors-Generals' Fees 7,120 00 To Tax on Abstract Companies 45 00 By Special Appropriations, Miscellaneous 3,726 07 To Tax on Bottling Companies 3,500 26 By Special Appropriations to Pensioners, Special Pensions 1,070 00 To Tax on Brewing Companies 1,350 00 By State Normal School (Athens) 24,999 96 To Tax on Cash Registers 27 00 By State University 30,500 00 To Tax on Coca-Cola and Similar Companies 2,160 00 By State University for Agricultural College 6,000 00 To Tax on Cold Storage 5,967 00 By State University for Agricultural College Building, Athens 10,000 00 To Tax on Fixtures 3,600 00 By State University for Farmers' Institute ..... To Tax on Games 1,693 40 By State University for Summer School 5,000 00 To Tax on Loan Agents 468 00 By Stationery General Assembly 528 30 To Tax on Adding Machines 9 00 By Temporary Loan 25,000 00 To Tax on Rinks 406 32 By Pensions 890,000 00 To Tax on Slot Machines 837 50 By Roster Fund 925 64 To Tax on Specialists 135 00 By Reward Fund 2,700 00 To Tax on Lightning-rod Agents 45 00 By Binding Journals 550 00 To Tax on Tobacco Tags Companies 180 00 By File Cases for Library 4,225 75 To Tax on Traders 1,274 85 By Weights and Measures 1,500 00 To Tax on Typewriter Agents or Dealers 207 00 By Normal School Equipment 1,744 61 To Tax on Telegraph Companies 5,515 68 By Gordon Statue 15,000 00 To Tax on Telephone Companies 23,786 53 Total Disbursements during the year $ 4,797,469 59 To Sur'p Sale Wild Lands 55 36 To Balance in the State Treasury, December 31, 1907 820,740 17 To Wild Land Tax 9 70 4,813,764 83 Total Receipts $ 5,618,209 76 $ 5,618,209 76

Page 1179

Supreme Court of Georgia. HON. WILLIAM H. FISH Chief Justice. HON. BEVERLY D. EVANS Presiding Justice. HON. JOSEPH HENRY LUMPKIN Associate Justice. HON. MARCUS W. BECK Associate Justice. HON. SAMUEL C. ATKINSON Associate Justice. HON. HORACE M. HOLDEN Associate Justice. GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. Z. D. HARRISON Clerk. W. E. TALLEY Deputy Clerk. JAMES W. VAUGHAN Sheriff. Court of Appeals. HON. B. H. HILL Chief Judge. HON. R. B. RUSSELL Judge. HON. A. G. POWELL Judge. GEORGE. W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. LOGAN BLECKLEY Clerk. W. E. TALLEY Deputy Clerk. P. W. DERRICK Sheriff.

Page 1180

Superior Court Calendar for 1909. ALBANY CIRCUIT. HON. FRANK PARK, Sylvester, Judge; W. E. WOOTEN, Albany, Solicitor-General. BakerThird Mondays in March and September. CalhounFirst Mondays in June and December. DecaturSecond Mondays in May and November. DoughertyFirst Mondays in April and October. GradyFirst Mondays in March and September. MitchellThird Mondays in April and October. TurnerSecond Mondays in March and September. WorthFourth Mondays in April and October. ATLANTA CIRCUIT. HON. JOHN T. PENDLETON, Atlanta, Judge; HON. WM. D. ELLIS, Atlanta, Judge; C. D. HILL, Atlanta, Solicitor-General. FultonFirst Mondays in January, March, May, July, September and November. ATLANTIC CIRCUIT. HON. PAUL E. SEABROOK, Pineora, Judge; N. J. NORMAN, Savannah, Solicitor-General. BryanFirst Mondays in May and November. EffinghamSecond Mondays in April and October. LibertyThird Mondays in February and September. McIntoshFourth Monday in May and first Monday in December.

Page 1181

AUGUSTA CIRCUIT. HON. HENRY C. HAMMOND, Augusta, Judge; J. S. REYNOLDS, Augusta, Solicitor-General. BurkeFirst Mondays in April and October. Columbia..Fourth Mondays in March and September. McDuffieFirst Mondays in March and September. RichmondThird Mondays in January, April, July and October. BLUE RIDGE CIRCUIT. HON. NEWTON A. MORRIS, Marietta, Judge; J. P. BROOKE, Alpharetta, Solicitor General. CherokeeFourth Monday in February and first Monday in August. CobbSecond Monday in March and third Monday in November. FanninFourth Monday in May and third Monday in October. ForsythThird Monday in March and fourth Monday in August. GilmerThird Monday in May and second Monday in October. MiltonFirst Monday in March and third Monday in August. PickensFourth Mondays in April and September. BRUNSWICK CIRCUIT. HON. T. A. PARKER, Baxley, Judge; E. L. WALKER, Blackshear, Solicitor-General. ApplingFirst Monday in March and third Monday in September. CamdenTuesday after second Monday in March and fourth Monday in September. CharltonTuesday after first Monday in April and fourth Monday in October. ClinchSecond Monday in April and third Monday in October. CoffeeFourth Monday in March and first Monday in October. GlynnThird Monday in May and first Monday in December. Jeff DavisFourth Monday in February and second Monday in September. PierceFirst Monday in May and third Monday in November. WareThird Monday in April and first Monday in November. WayneThird Monday in March and fourth Monday in November.

Page 1182

CHATTAHOOCHEE COUNTY. HON. S. P. GILBERT, Columbus, Judge; GEORGE C. PALMER, Columbus, Solicitor-General. ChattahoocheeFourth Mondays in February and August. HarrisSecond Mondays in April and October. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, May, August and November. TalbotSecond Mondays in March and September. TaylorFirst Mondays in April and October. CHEROKEE CIRCUIT. HON. A. W. FITE, Cartersville, Judge; THOS. C. MILNER, Cartersville, Solicitor-General. BartowSecond Mondays in January and July. CatoosaFirst Mondays in February and August. DadeThird Mondays in March and September. GordonFourth Mondays in February and August. MurrayThird Monday in February and second Monday in August. WhitfieldFirst Monday in April and second Monday in October. CORDELE CIRCUIT. HON. U. V. WHIPPLE, Cordele, Judge; WALTER F. GEORGE, Cordele, Solicitor-General. Ben HillFirst and second Mondays in April and October. CrispThird Mondays in May and November and continuing as business requires. DoolyFirst and second Mondays in May and November. IrwinFirst and second Mondays in March and September. WilcoxThird and fourth Mondays in March and September. COWETA CIRCUIT. HON. R. W. FREEMAN, Newnan, Judge; J. R. TERRELL, Greenville, Solicitor-General. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February and August. TroupFirst Mondays in February and August.

Page 1183

EASTERN CIRCUIT. HON. WALTER G. CHARLTON, Savannah, Judge; WALTER C. HARTRIDGE, Savannah, Solicitor-General. ChathamFirst Mondays in March, June, October and December. FLINT CIRCUIT. HON. E. J. REAGAN, McDonough, Judge; J. W. WISE, Fayetteville, Solicitor-General. ButtsThird Mondays in February and August. FayetteThird Mondays in March and September. HenryThird Mondays in April and October. MonroeFirst Monday in February and fourth Monday in August. PikeFirst Mondays in April and October. SpaldingThird Monday in January and first Monday in August. UpsonFirst Mondays in May and November. MACON CIRCUIT. HON. W. H. FELTON, JR, Macon, Judge; W. J. GRACE, Macon, Solicitor-General. BibbFirst Monday in February, third Mondays in April and July and first Monday in November. CrawfordThird Monday in March and fourth Monday in October. HoustonFirst Mondays in April and October. MIDDLE CIRCUIT. HON. B. T. RAWLINGS, Sandersville, Judge; ALFRED HERRINGTON, Swainsboro, Solicitor-General. BullochFourth Mondays in April and October. EmanuelThird Mondays in April and October. JeffersonSecond Mondays in May and November. JenkinsSecond Mondays in March and September. JohnsonThird Mondays in March and September. ScrevenThird Mondays in May and November. TattnallFirst Mondays in April and October. ToombsFourth Mondays in February and August. WashingtonFirst Mondays in March and September.

Page 1184

NORTHEASTERN CIRCUIT. HON. JOHN J. KIMSEY, Cleveland, Judge; W. A. CHARTERS, Gainesville, Solicitor-General. DawsonSecond Monday in February and first Monday in August. HabershamFirst Monday in March and second Monday in August. HallThird Mondays in January and July. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August. StephensFirst Mondays in May and November. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. DAVID W. MEADOW, Danielsville, Judge; THOS. J. BROWN, Elberton, Solicitor-General. ElbertSecond Mondays in March and September. GlascockThird Mondays in February and August. HancockFourth Mondays in March and September. HartThird Mondays in March and September. LincolnFourth Mondays in April and October. MadisonFirst Mondays in March and September. OglethorpeThird Mondays in April and October. TaliaferroFourth Mondays in February and August. WarrenFirst Mondays in April and October. Wilkes..First Mondays in May and November. OCMULGEE CIRCUIT. HON. H. G. LEWIS, Siloam, Judge; J. E. POTTLE, Milledgeville, Solicitor-General. BaldwinSecond Mondays in January and July. GreeneSecond Mondays in February and August. JasperThird Mondays in February and August. JonesThird Mondays in April and October. MorganFirst Mondays in March and September. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in April and October.

Page 1185

OCONEE CIRCUIT. HON. J. H. MARTIN, Hawkinsville, Judge; E. D. GRAHAM, McRae, Solicitor-General. DodgeFirst and second Mondays in March and September. MontgomeryFirst and second Mondays in May and November. LaurensFourth Mondays in January and July. PulaskiSecond and third Mondays in February and August. TelfairThird Mondays in April and October. TwiggsSecond Mondays in April and October. PATAULA CIRCUIT. HON. W. C. WORRILL, Cuthbert, Judge; J. A. LAING, Dawson, Solicitor-General. ClayThird Mondays in March and September. EarlyFirst Mondays in April and October. MillerFourth Mondays in April and October. QuitmanSecond Mondays in March and September. RandolphFirst Mondays in May and November. TerrellFourth Mondays in May and November. ROME CIRCUIT. HON. MOSES WRIGHT, Rome, Judge; J. W. BALE, LaFayette, Solicitor-General. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January and July. WalkerThird Mondays in February and August. SOUTHERN CIRCUIT. HON. R. G. MITCHELL, Thomasville, Judge; W. E. THOMAS, Valdosta, Solicitor-General. BerrienThird Mondays in March and September. Brooks..First Mondays in May and November. ColquittFirst Mondays in April and October. EcholsTuesdays after second Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird weeks in April and October. TiftFirst Mondays in July and December.

Page 1186

SOUTHWESTERN CIRCUIT. HON. Z. A. LITTLEJOHN, Americus, Judge; J. R. WILLIAMS, Americus, Solicitor-General. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in April and October. StewartThird Mondays in April and October. SumterFourth Mondays in May and November. WebsterFirst Mondays in April and October. STONE MOUNTAIN CIRCUIT. HON. L. S. ROAN, Fairburn, Judge; W. S. HOWARD, Decatur, Solicitor-General. CampbellFirst and second Mondays in February and August. ClaytonFourth Mondays in February and August. DeKalbFirst and second Mondays in March and September. NewtonThird Mondays in March and September. RockdaleFirst Mondays in April and October. TALLAPOOSA CIRCUIT. HON. PRICE EDWARDS, Buchanan, Judge; W. K. FIELDER, Cedartown, Solicitor-General. DouglasFirst Monday in May and third Monday in November. HaralsonThird Mondays in January and July. PauldingSecond Monday in February and first Monday in August. PolkFourth Mondays in February and August. WESTERN CIRCUIT. HON. CHAS. H. BRAND, Athens, Judge; CLIFFORD WALKER, Monroe, Solicitor-General. BanksThird Mondays in March and September. ClarkeSecond Mondays in April and October. FranklinFourth Mondays in March and September. GwinnettFirst Mondays in March, June, September and December. JacksonFirst Mondays in February and August. OconeeFourth Mondays in January and July. WaltonThird Mondays in February and August.